Bill S7846-2013

Requires operators of petting zoos and other public establishments featuring animals to maintain hand washing or hand cleansing facilities for patrons

Requires operators of petting zoos to maintain hand washing or hand cleansing facilities for persons attending such petting zoos within no more than fifty feet of the exit from the petting zoo area; and requires other public establishments featuring animals that patrons may reasonably come in contact with to provide hand washing or hand cleansing facilities.

Details

Actions

  • Jun 19, 2014: SUBSTITUTED BY A4735A
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1655
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 13, 2014: REFERRED TO CONSUMER PROTECTION

Meetings

Votes

Memo

BILL NUMBER:S7846

TITLE OF BILL: An act to amend the general business law and the public health law, in relation to requiring operators of petting zoos and other public establishments featuring animals to maintain hand washing or hand cleansing facilities

PURPOSE OR GENERAL IDEA OF BILL:

Requires operators of petting zoos and other public establishments featuring animals for the purpose of touching, fondling or petting to provide and maintain hand washing/hand cleansing facilities which should be located either immediately outside of, or within fifty feet. of the exit from the petting/touching/fondling area, with conspicuous signage to remind and direct. patrons to hand washing stations.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the general business law by adding a new section 399-ff which requires any facility which provides an area where animals are congregated for the explicit purpose of allowing patrons and other visitors to view, touch pet or fondling such animals to: (1) provide appropriate hand washing/hand cleansing facilities at either (a) the immediate exit from the area where the animals are congregated for this purpose or (b) within 5O feet of that exit; (2) post conspicuous signage at and around the facility urging patrons and other visitors to the petting area to wash/cleanse their hands upon leaving the area and directing them to the nearest. hand washing/hand cleansing facility. This bill also prohibits the sale of food prepared for immediate consumption by humans within fifty feet of the petting zoo area and authorizes the imposition of monetary penalties for non-compliance with any of these Provisions. Furthermore, this bill authorizes the State Commissioner of Health and the New York City Commissioner of Health (within the city of New York) to establish rules guarding against the spread of bacteria and viruses carried by animals displayed at carnivals, fairs and amusement parks that feature petting zoos.

JUSTIFICATION:

It is no secret that animals are conveyors of many communicable diseases potentially harmful to humans, particularly our most vulnerable - children and the elderly. These most vulnerable groups are generally the main target audience for petting zoos. Yet current law does not adequately protect our children and families by requiring petting zoos to provide hand washing/hand cleansing facilities for patrons and/or other visitors to the zoo to wash/cleanse their hands upon leaving-the petting area.

While there have been no studies to date to make a knowledgeable evaluation of the impact, a recent survey reported in the Journal of Clinical Communicable Diseases found that a significant number of petting zoo customers did not wash their hands on exiting the touching area. Common sense dictates therefore, that it is good public policy to require the availability of hand cleansing/washing areas, with reminders to the public that good hygiene standards should be maintained to protect against the high risk of spreading disease. The

Journal of clinical Infectious Diseases, survey also found that there was increased hand hygiene compliance and practice when hand washing stations were located on the exit routes from the petting area, along with conspicuous signage urging patrons and other visitors to wash/cleanse their hand upon exiting the petting zoo. Good public policy dictates that appropriate measures be put in place to eliminate this avenue of potential Health crisis. This bill will ensure that patrons and other visitors to petting zoos are provided the opportunity to wash/cleanse their hand after touching, fondling and petting animals, thereby minimizing any prospect for the spread of any germs being carried by the animal(s) i n the petting zoo.

PRIOR LEGISLATIVE HISTORY:

2011-2012 A.4018 2009-2010 A.3576 2007-2008 A.9377

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

On the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7846 IN SENATE June 13, 2014 ___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the public health law, in relation to requiring operators of petting zoos and other public establishments featuring animals to maintain hand washing or hand cleansing facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-ff to read as follows: S 399-FF. PETTING ZOOS. 1. FOR PURPOSES OF THIS SECTION THE TERMS: (A) "PETTING ZOO" SHALL MEAN A PLACE WHERE A COLLECTION OF ANIMALS ARE KEPT FOR THE EXPRESS PURPOSE OF VIEWING, TOUCHING, HOLDING AND PETTING BY PATRONS AND VISITORS TO THE ESTABLISHMENT; AND (B) "HAND WASHING OR HAND CLEANSING FACILITY" SHALL MEAN ANY METHOD OF CLEANSING THE HANDS THAT KILLS GERMS AND BACTERIA INCLUDING, BUT NOT LIMITED TO, SOAP AND RUNNING WATER, ANTI-BACTERIAL FLUIDS, FOAMS OR GELS, AND ANTI-BACTERIAL OR ANTISEPTIC WIPES OR TOWELS. 2. ALL PETTING ZOO OPERATORS SHALL PROVIDE AND MAINTAIN AT LEAST ONE CLEARLY DESIGNATED HAND WASHING FACILITY FOR PATRONS AND VISITORS TO THE ESTABLISHMENT TO WASH OR CLEANSE THEIR HANDS UPON EXITING SUCH PETTING ZOO AREA. SUCH HAND WASHING OR HAND CLEANSING FACILITY SHALL BE MAIN- TAINED AT OR WITHIN NO MORE THAN FIFTY FEET OF THE EXIT FROM SUCH PETTING ZOO AREA. 3. EVERY EXIT FROM A PETTING ZOO AREA SHALL HAVE A SIGN CONSPICUOUSLY POSTED THAT SHALL STATE, IN A CLEAR AND LEGIBLE TYPEFACE, THE FOLLOWING: "ANIMALS AT PETTING ZOOS MAY CARRY GERMS AND BACTERIA THAT CAUSE DISEASE. IT IS STRONGLY RECOMMENDED THAT PERSONS WASH THEIR HANDS UPON EXITING THE PETTING ZOO AREA". SUCH SIGN SHALL ALSO INDICATE THE DIREC- TION IN WHICH SUCH HAND WASHING OR HAND CLEANSING FACILITY IS LOCATED. 4. ANY OPERATOR OF A PETTING ZOO WHO FAILS TO MAINTAIN A HAND WASHING OR HAND CLEANSING FACILITY AND PROPER SIGNAGE IN VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF UP TO FIVE HUNDRED DOLLARS.
S 2. The public health law is amended by adding a new section 1311 to read as follows: S 1311. HAND WASHING FACILITIES AT CERTAIN PUBLIC ESTABLISHMENTS FEATURING ANIMALS. 1. ALL PUBLIC ESTABLISHMENTS INCLUDING, BUT NOT LIMITED TO, CARNIVALS, FAIRS AND AMUSEMENT PARKS, AS SUCH TERMS ARE DEFINED IN SECTION EIGHT HUNDRED SEVENTY-C OF THE LABOR LAW, FARMS, AND FARMERS' MARKETS, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED SIXTY OF THE AGRICULTURE AND MARKETS LAW, WHICH FEATURE DISPLAYS OF LIVE ANIMALS THAT PATRONS MAY REASONABLY BE EXPECTED TO COME INTO PHYSICAL CONTACT WITH FOR THE PURPOSE OF TOUCHING, HOLDING OR PETTING SHALL PROVIDE HAND WASHING OR HAND CLEANSING FACILITIES FOR SUCH PATRONS. HAND WASHING OR HAND CLEANSING FACILITIES MAY BE TEMPORARY OR PERMANENT FIXTURES AND SHALL INCLUDE ONE OR MORE OF THE FOLLOWING: SOAP AND RUNNING WATER; ANTI-BACTERIAL FLUIDS, FOAMS OR GELS; OR ANTI-BACTERIAL OR ANTISEPTIC WIPES OR TOWELS. 2. SIGNS SHALL BE CONSPICUOUSLY POSTED AND SHALL STATE IN A CLEAR AND LEGIBLE TYPEFACE, THE FOLLOWING: "ANIMALS MAY CARRY GERMS AND BACTERIA THAT CAN CAUSE DISEASE TO PEOPLE. IT IS STRONGLY RECOMMENDED THAT PERSONS WASH OR CLEANSE THEIR HANDS AFTER TOUCHING, HOLDING OR PETTING THE ANIMALS." SUCH SIGNS SHALL ALSO INDICATE WHERE THE HAND WASHING OR HAND CLEANSING FACILITY IS LOCATED. 3. THE COMMISSIONER MAY MAKE RULES GUARDING AGAINST THE SPREAD OF BACTERIA AND VIRUSES AT PUBLIC ESTABLISHMENTS THAT FEATURE ANIMALS AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, TO PERSONS EMPLOYED AT OR TO PATRONS OF SUCH ESTABLISHMENTS WHERE SUCH ESTABLISHMENTS ARE LOCATED OUTSIDE THE CITY OF NEW YORK, AND WHERE SUCH ESTABLISHMENTS ARE LOCATED WITHIN THE CITY OF NEW YORK, THE COMMISSIONER OF PUBLIC HEALTH OF THE CITY OF NEW YORK MAY MAKE AND ENFORCE SUCH RULES. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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