Bill S7417-2011

Relates to prohibiting certain cosmetic surgery on animals

Prohibits subjecting any dog, cat or companion animal to a surgical procedure with no medical benefit to the animal, for cosmetic or aesthetic purposes.

Details

Actions

  • May 10, 2012: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S7417

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to cosmetic surgery of animals

PURPOSE: The purpose of. this bill is to establish a misdemeanor for subjecting a companion animal to certain cosmetic surgery or alterations, or selling a companion animal that has been subjected to such treatment.

SUMMARY OF PROVISIONS: Section 1 amends the agriculture and markets law by adding §352 to establish a crime for tattooing, piercing, or cosmetic surgery of a companion animal.

Subsection 1 proscribes the bodily modification of a companion animal for aesthetic purposes, as well as the sale of a companion animal augmented for aesthetic purposes.

Subsection 2 assigns a misdemeanor penalty of up to one year imprisonment, a fine of up to one thousand dollars, or both.

JUSTIFICATION: Cosmetic procedures on companion animals have become increasingly common as people seek to alter the physical appearance of their household pets. Pet owners are resorting to unnecessary cosmetic procedures such as tattoos, piercings, rhytidectomy, abdominoplasty, and the removal of incisor teeth to achieve the desired result.

This legislation would protect companion animals from being subjected to such treatment. While the psychological effect on these animals is an area of debate, the fact remains that each of these procedures requires an application of general anesthesia which poses a health risk in itself. The animal must then go through the pain of recovery and possible infection or post-surgery complications. These non-medical cosmetic procedures are not just odd and unnecessary, they amount to animal cruelty.

This legislation would also cover the sale of companion animals who have been subjected to certain cosmetic procedures. This would remove the impetus for retailers to physically modify an animal in the hopes of increasing its value to prospective buyers.

Conviction would result in a misdemeanor, punishable by no more than one year imprison, a fine of no more than $1,000.00, or both. This penalty would be not unlike similar animal rights violations.

FISCAL IMPACT: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 7417 A. 10165 S E N A T E - A S S E M B L Y May 10, 2012 ___________
IN SENATE -- Introduced by Sens. GOLDEN, BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS, TITONE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to cosmetic surgery of animals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 352 to read as follows: S 352. COSMETIC SURGERY OF ANIMALS. 1. NO PERSON SHALL SUBJECT A COMPANION ANIMAL, NOR OFFER FOR SALE ANY COMPANION ANIMAL, THAT HAS BEEN SUBJECTED TO, FOR ANY PURPOSE NOT MEDICALLY NECESSARY TO RELIEVE PHYS- ICAL DISCOMFORT TO THE ANIMAL OR REMOVE A PHYSICAL ABNORMALITY THAT PROVIDES A RISK TO THE HEALTH OR SAFETY OF THE ANIMAL, (A) TATTOOING OF ANY IMAGE OTHER THAN A DISTINCTIVE MARKING ENROLLED WITH AN ANIMAL IDEN- TIFICATION REGISTRY, (B) PIERCING, (C) RHYTIDECTOMY, (D) EXTRACTION OF INCISOR TEETH, OR (E) ABDOMINOPLASTY. 2. AS USED IN THIS SECTION, "ANIMAL IDENTIFICATION REGISTRY" IS DEFINED AS ANY DATABASE OR LIST COMPILED AS A MEANS OF ASSOCIATING A COMPANION ANIMAL WITH A MARKING ON THAT ANIMAL FOR IDENTIFICATION PURPOSES, OR AS A MEANS OF DISCERNING WHETHER A COMPANION ANIMAL HAS BEEN SPAYED OR NEUTERED. 3. PERSONS IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF A MISDEMEA- NOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. S 2. This act shall take effect immediately.

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