NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3569A
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to
restricting the performance of surgical devocalization procedures on
dogs and cats
PURPOSE OF THE BILL:
This bill will prohibit the devocalization of dogs and cats unless there
is a medical condition that requires the procedure.
SUMMARY OF PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 365-a restricting the practice of devocalizing a dog or cat.
Section two of the bill relates to forfeiture of animals.
Section three of the bill authorizes the commissioner of agriculture and
markets and the commissioner of education to promulgate rules and regu-
lations to enforce this section.
Section four sets the effective date.
JUSTIFICATION:
This bill is an updated version of 51125 (2021-2022). Dogs and cats
vocalize for a number of reasons. They use their voices to communicate
to other animals and humans feelings of happiness, fear, playfulness,
boredom, pain, or aggression. Vocalizing is also used to greet or warn
others, or to,gain attention. A person does an animal great physical and
psychological harm when electing to have them devocalized, which can
result in problematic animal behaviors. Instead, there are therapies
and other proven techniques which can help to manage this behavior with-
out surgical intervention.
Devocalization, also known as ventriculocordectomy, debarking, devoic-
ing, or bark softening, is a surgical procedure which resects or removes
tissues in the vocal chords of an animal. This is done to either muffle
or eliminate the bark of a dog or meow of a cat. There are two
approaches to the procedure; one which seeks to alter the vocal chords
through the oral cavity, and another that does so directly onto the
larynx. Each procedure imposes postoperative pain and potential compli-
cations and can cause future respiratory issues in the animal. Often-
times, the procedures result in only altering the voice or pitch of an
animal's voice, instead of softening or eliminating it altogether. The
animal may even resume a near-normal voice within several months of the
procedure. Although devocalization has been used to stop the excessive
vocalization of dogs and cats, the underlying issues that cause this
behavior remain.
Devocalization has been restricted to medically necessary circumstances
by statute in Massachusetts and New Jersey and been similarly outlawed
in many other countries including the United Kingdom, Greece, and Swed-
en.
PRIOR LEGISLATIVE HISTORY:
A.10548 of 2021-22,
A.1897 of 2019-20,
A.2126 of 2017-18,
A.1679 of 2015-16,
A.1204 of 2013-2014,
A.3431D of 2011-12,
A.11684 of 2009-10.
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
3569--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. ZEBROWSKI, EACHUS, BORES -- read once and
referred to the Committee on Agriculture -- recommitted to the Commit-
tee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to
restricting the performance of surgical devocalization procedures on
dogs and cats
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 365-a to read as follows:
3 § 365-a. Devocalization of animals. 1. No person shall perform the
4 surgical devocalization of a dog or cat except in accordance with the
5 provisions of this section.
6 2. a. Surgical devocalization of a dog or cat shall be performed only
7 by a person licensed as a veterinarian pursuant to article one hundred
8 thirty-five of the education law.
9 b. Surgical devocalization of a dog or cat may be performed where
10 necessary to treat or relieve a physical illness, disease or injury or
11 correct a congenital abnormality suffered by the animal, where such
12 physical illness, disease, injury or congenital abnormality is causing
13 or may reasonably cause the animal physical pain or harm, or when deter-
14 mined by a veterinarian to be medically necessary to preserve the life
15 of the animal.
16 3. Any veterinarian who performs a surgical devocalization procedure
17 on a dog or cat shall document the performance of such procedure in the
18 treatment record of the patient, including the medical necessity justi-
19 fying the procedure, as defined in section sixty-seven hundred fourteen
20 of the education law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01852-02-4
A. 3569--A 2
1 4. As used in this section, "devocalization" means a surgical proce-
2 dure on the larynx or vocal cords of an animal intended to cause the
3 reduction or elimination of vocal sounds produced by that animal and
4 includes procedures commonly referred to as "debarking", "silencing" or
5 "bark softening".
6 5. Any veterinarian licensed pursuant to article one hundred thirty-
7 five of the education law who knowingly performs, or knowingly causes to
8 be performed, the surgical devocalization of a dog or cat in violation
9 of the provisions of this section shall be subject to a civil penalty
10 not to exceed one thousand dollars and subject to the remedies available
11 pursuant to article one hundred thirty of the education law, as added by
12 chapter 987 of the laws of 1971.
13 6. Any veterinarian who knowingly performs a surgical devocalization
14 procedure in violation of the provisions of this section shall be
15 subject to the revocation or suspension of their license pursuant to the
16 processes outlined in article one hundred thirty of the education law,
17 as added by chapter 987 of the laws of 1971.
18 § 2. Paragraph a of subdivision 8 of section 374 of the agriculture
19 and markets law, as amended by chapter 594 of the laws of 2003 and such
20 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
21 to read as follows:
22 a. In addition to any other penalty provided by law, upon conviction
23 for any violation of section three hundred fifty-one, three hundred
24 fifty-three, three hundred fifty-three-a, three hundred fifty-three-b,
25 three hundred fifty-five, three hundred fifty-six, three hundred fifty-
26 nine, three hundred sixty, three hundred sixty-one, three hundred
27 sixty-five, three hundred sixty-five-a or three hundred sixty-eight of
28 this article, the convicted person may, after a duly held hearing pursu-
29 ant to paragraph f of this subdivision, be ordered by the court to
30 forfeit, to a duly incorporated society for the prevention of cruelty to
31 animals or a duly incorporated humane society or authorized agents ther-
32 eof, the animal or animals which are the basis of the conviction. Upon
33 such an order of forfeiture, the convicted person shall be deemed to
34 have relinquished all rights to the animals which are the basis of the
35 conviction, except those granted in paragraph d of this subdivision.
36 § 3. The commissioner of agriculture and markets and the commissioner
37 of education are authorized and directed to promulgate and implement all
38 rules, regulations and standards they respectively deem necessary to
39 enforce the provisions of this act on or before the effective date of
40 this act.
41 § 4. This act shall take effect on the ninetieth day after it shall
42 have become a law.
