S7268-2011 Actions

• Jun 13, 2012: SUBSTITUTED BY A697D
• May 30, 2012: AMENDED ON THIRD READING 7268A
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.752
• May 2, 2012: REFERRED TO AGRICULTURE

S7268-2011 Meetings

S7268-2011 Calendars

S7268-2011 Votes

S7268-2011 Memo

BILL NUMBER:S7268

TITLE OF BILL:
An act
to amend the agriculture and markets law and the general business law,
in relation to the care and sale of dogs and cats by pet dealers

PURPOSE:
To improve the health and quality of life of animals by providing duly
licensed pet dealers with updated standards of care.

SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 401 of the agriculture and
markets law by adding a new paragraph (h) which provides that pet
dealers shall designate and provide an isolation area for animals
that exhibit symptoms of contagious disease or illness in order to
prevent or reduce the spread of disease to healthy animals.

Section two re-letters paragraphs (a), (b), (c), and (d) of
subdivision 5 of section 401 of the agriculture and markets law as
paragraphs (b), (c), (d), and (e) and adds a new paragraph (a).
Paragraph (a) provides that a duly licensed pet dealer shall designate
an attending veterinarian to care for the dealer's animals. Such care
shall include a written program of veterinary care and regular visits
to the dealer's premises by the veterinarian. The program of care
shall include the availability of appropriate facilities, personnel,
equipment, and services to comply with the provision of this article;
the use of methods determined to be appropriate by the attending
veterinarian to prevent, control, and respond to diseases and
injuries, and the availability of emergency, weekend, and holiday
care; daily observation of all animals to assess their health and
well-being, provided, however, that daily observation of animals may
be accomplished by someone other than the attending veterinarian who
has received the guidance identified in subdivision (iv) of this
paragraph, and provided, further, that a mechanism of direct and
frequent communication is required so that timely and accurate
information on problems of animal health, behavior, and wellbeing is
conveyed to the attending veterinarian; adequate guidance to
personnel involved in the care and use of animals regarding handling
and immobilization; and pre-procedural and post-procedural
care in accordance with established veterinary medical
and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as "re-lettered by section two of this act, by changing the
phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which Provides that pet dealers shall
develop, maintain, document and implement an appropriate plan to
provide animals with the opportunity for daily exercise.
Consideration should be given to providing positive physical contact
with humans that encourages exercise through play or other similar
activities. Such plan shall be approved by 'he attending


veterinarian, and must be made available '0 the department upon
request.

Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by Changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older";
and adding "or contagious disease. "

Section six amends subdivision 1 of section 402 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by adding
"if the person from whom the animal Was obtained is a dealer licensed
by the department, the person's name, address, and state dealer
identification number."

Section seven provides the effective date.

JUSTIFICATION:
Dogs and cats that are bred and sold by certain pet dealers receive
inedequate exercise, protection from the spread of disease and
veterinary care. This legislation provides updated standards of care
to be followed by duly licensed pet dealers in order to both nnprove
the health and well-being of animals and increase the likelihood that
consumers will receive healthy companion animals.

LEGISLATIVE HISTORY:
2010: A.8444, Referred to Agriculture
2009: A.8444, Referred to Agriculture
2008: A.9613, Held for consideration in Agriculture

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
This act shall take immediately.

S7268-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7268
 I N  SENATE
 May 2, 2012
 
 Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law and the general business
 law, in relation to the care and sale of dogs and cats by pet dealers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.    Subdivision  1  of  section  401 of the agriculture and
 markets law is amended by adding a new paragraph (h) to read as follows:

 (H) PET DEALERS SHALL DESIGNATE AND  PROVIDE  AN  ISOLATION  AREA  FOR
 ANIMALS  THAT  EXHIBIT  SYMPTOMS  OF  CONTAGIOUS DISEASE OR ILLNESS. THE
 LOCATION OF SUCH DESIGNATED AREA MUST BE SUCH AS TO  PREVENT  OR  REDUCE
 THE SPREAD OF DISEASE TO HEALTHY ANIMALS.
 

S  2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401
 of the agriculture and markets law are relettered paragraphs  (b),  (c),
 (d) and (e) and a new paragraph (a) is added to read as follows:

 (A) ANY PET DEALER DULY LICENSED PURSUANT TO THIS ARTICLE SHALL DESIG
 NATE AN ATTENDING VETERINARIAN, WHO SHALL PROVIDE VETERINARY CARE TO THE
 DEALER'S  ANIMALS  WHICH  SHALL  INCLUDE A WRITTEN PROGRAM OF VETERINARY
 CARE AND REGULAR VISITS TO THE PET DEALER'S PREMISES.  SUCH  PROGRAM  OF
 VETERINARY CARE SHALL INCLUDE:

 (I)  THE AVAILABILITY OF APPROPRIATE FACILITIES, PERSONNEL, EQUIPMENT,
 AND SERVICES TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
 (II) THE USE OF METHODS DETERMINED TO BE APPROPRIATE BY THE  ATTENDING
 VETERINARIAN  TO PREVENT, CONTROL, AND RESPOND TO DISEASES AND INJURIES,
 AND THE AVAILABILITY OF EMERGENCY, WEEKEND, AND HOLIDAY CARE;
 (III) DAILY OBSERVATION OF ALL ANIMALS  TO  ASSESS  THEIR  HEALTH  AND
 WELL-BEING;  PROVIDED, HOWEVER, THAT DAILY OBSERVATION OF ANIMALS MAY BE
 ACCOMPLISHED BY SOMEONE OTHER THAN THE ATTENDING  VETERINARIAN  WHO  HAS
 RECEIVED THE GUIDANCE IDENTIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
 AND  PROVIDED, FURTHER, THAT A MECHANISM OF DIRECT AND FREQUENT COMMUNI
 CATION IS REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION  ON  PROBLEMS
 OF  ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
 VETERINARIAN;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00792-14-2
 
       S. 7268                             2
 (IV) ADEQUATE GUIDANCE TO PERSONNEL INVOLVED IN THE CARE  AND  USE  OF
 ANIMALS REGARDING HANDLING AND IMMOBILIZATION; AND
 (V)  PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE WITH ESTAB
 LISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
 

S 3.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
 and markets law, as added by chapter 259 of the  laws  of  2000  and  as
 relettered by section two of this act, is amended to read as follows:

 (c)  Within  five  business  days of receipt, but prior to sale of any
 dog, the pet dealer shall have a duly licensed veterinarian  conduct  an
 examination  and  tests appropriate to the age and breed to determine if
 the animal has any medical conditions apparent at the time of the  exam
 ination  that  adversely  affect  the  health of the animal. For animals
 eighteen months of age or older, such examination shall include a  diag
 nosis  of  any congenital conditions that adversely affect the health of
 the animal. Any animal [found to be afflicted] DIAGNOSED with  a  conta
 gious  disease  shall  be  treated  and  caged  separately  from healthy
 animals.
 

S 4.

Section 401 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 7 to read as follows:

 7.  EXERCISE  REQUIREMENTS. PET DEALERS SHALL DEVELOP, MAINTAIN, DOCU
 MENT, AND IMPLEMENT AN APPROPRIATE PLAN  TO  PROVIDE  ANIMALS  WITH  THE
 OPPORTUNITY  FOR  DAILY EXERCISE. IN DEVELOPING SUCH PLAN, CONSIDERATION
 SHOULD BE GIVEN TO PROVIDING POSITIVE PHYSICAL CONTACT WITH HUMANS  THAT
 ENCOURAGES EXERCISE THROUGH PLAY OR OTHER SIMILAR ACTIVITIES.  SUCH PLAN
 SHALL BE APPROVED BY THE ATTENDING VETERINARIAN, AND MUST BE MADE AVAIL
 ABLE TO THE DEPARTMENT UPON REQUEST.
 

S  5. 

Section  753-a of the general business law, as added by chapter
 259 of the laws of 2000, is amended to read as follows:

 

S 753-a. Veterinarian examination. 1. Within  five  business  days  of
 receipt,  but  prior to the sale of any dog, the pet dealer shall have a
 duly licensed veterinarian conduct an examination and tests  appropriate
 to  the  breed and age to determine if the animal has any medical condi
 tions apparent at the time of the examination that adversely affect  the
 health  of the animal. For animals eighteen months of age or older, such
 examination shall include a diagnosis of any congenital conditions  that
 adversely  affect  the  health  of  the  animal. Any animal [found to be
 afflicted] DIAGNOSED with a contagious  disease  shall  be  treated  and
 caged  separately  from  healthy animals IN ACCORDANCE WITH SECTION FOUR
 HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
 2. All animals shall be [inoculated] VACCINATED as required  by  state
 or  local  law.    Veterinary  care  appropriate to the species shall be
 provided without undue  delay  when  necessary.  Each  animal  shall  be
 observed each day by the pet dealer or by a person working under the pet
 dealer's supervision.
 3.  No  pet dealer shall knowingly sell any animal [eighteen months of
 age or older] that has a diagnosed congenital  condition  OR  CONTAGIOUS
 DISEASE  that  adversely  affects the health of the animal without first
 informing the consumer, in writing, of such condition.
 

S 6. Subdivision 1 of section 402 of the agriculture and markets  law,
 as  added  by  chapter  259  of  the laws of 2000, is amended to read as
 follows:

 1. The name and address of  the  person  from  whom  each  animal  was
 acquired.  If  the  person from whom the animal was obtained is a dealer
 licensed by the United States department of  agriculture,  the  person's
 name,  address, and federal dealer identification number.  IF THE PERSON
 FROM WHOM THE ANIMAL WAS OBTAINED IS A DEALER LICENSED  BY  THE  DEPART
 
       S. 7268                             3
 MENT,  THE  PERSON'S  NAME,  ADDRESS,  AND  STATE  DEALER IDENTIFICATION
 NUMBER. In the case of cats, if a  cat  is  placed  in  the  custody  or
 possession  of  the  pet dealer and the source of origin is unknown, the
 pet  dealer  shall state the source of origin as unknown, accompanied by
 the date, time, and location of receipt. Notwithstanding the  provisions
 of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
 transport, or offer for sale, exhibition, or transportation  any  stolen
 animal.  No  pet dealer shall knowingly sell any cat or dog younger than
 eight weeks of age.
 

S 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such effective date.

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