Relates to requirements for pet dealers for the care and sale of cats and dogs; requires the implementation of an appropriate plan for the exercise of animals in their possession.
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 the attending veterinarian, and must be made available to 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.
STATE OF NEW YORK ________________________________________________________________________ 7268 IN 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.