A06246 Summary:

BILL NOA06246C
 
SAME ASSAME AS S06870-B
 
SPONSORPaulin
 
COSPNSRGriffin, Kelles, Englebright, Fahy, Lupardo, Otis, Woerner, Hevesi, Simon, Stirpe, Gonzalez-Rojas, Bronson, Seawright, Wallace, Byrne, Thiele, Miller B, Jean-Pierre, Reyes, Colton, Tague, Zebrowski, Lucas, Brabenec, Fitzpatrick
 
MLTSPNSRSteck
 
Add Art 26-C §§420 - 434, §384, amd §§400 & 403, rpld §408, ren §380 to be §383, Ag & Mkts L; amd §752, Gen Bus L; add §99-pp, St Fin L
 
Relates to standards of care for animals held in, or being transported by, animal shelters; establishes an animal shelter regulation fund.
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A06246 Actions:

BILL NOA06246C
 
03/10/2021referred to agriculture
04/27/2021amend and recommit to agriculture
04/27/2021print number 6246a
01/05/2022referred to agriculture
02/11/2022amend and recommit to agriculture
02/11/2022print number 6246b
02/15/2022reported referred to codes
03/03/2022amend and recommit to codes
03/03/2022print number 6246c
03/08/2022reported referred to ways and means
05/09/2022reported referred to rules
05/23/2022reported
05/23/2022rules report cal.299
05/23/2022ordered to third reading rules cal.299
05/31/2022substituted by s6870b
 S06870 AMEND=B ADDABBO
 05/19/2021REFERRED TO AGRICULTURE
 01/05/2022REFERRED TO AGRICULTURE
 02/14/2022AMEND AND RECOMMIT TO AGRICULTURE
 02/14/2022PRINT NUMBER 6870A
 03/07/2022AMEND AND RECOMMIT TO AGRICULTURE
 03/07/2022PRINT NUMBER 6870B
 05/10/2022REPORTED AND COMMITTED TO FINANCE
 05/17/2022REPORTED AND COMMITTED TO RULES
 05/23/2022ORDERED TO THIRD READING CAL.1430
 05/25/2022PASSED SENATE
 05/25/2022DELIVERED TO ASSEMBLY
 05/25/2022referred to ways and means
 05/31/2022substituted for a6246c
 05/31/2022ordered to third reading rules cal.299
 05/31/2022passed assembly
 05/31/2022returned to senate
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A06246 Committee Votes:

AGRICULTURE Chair:Lupardo DATE:02/15/2022AYE/NAY:17/5 Action: Favorable refer to committee Codes
LupardoAyeTagueNay
GuntherAyeBlankenbushNay
RosenthalAyeHawleyNay
RiveraAyeFitzpatrickNay
BarrettAyeMillerAye
StirpeAyeFriendNay
SantabarbaraAye
WoernerAye
JonesAye
DilanAye
WilliamsAye
ButtenschonAye
BarnwellAye
KellesAye
SeptimoAye
ZinermanAye

CODES Chair:Dinowitz DATE:03/08/2022AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye

WAYS AND MEANS Chair:Weinstein DATE:05/09/2022AYE/NAY:30/4 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickNay
NolanExcusedHawleyNay
PretlowAyeMontesanoAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
CahillAyeBrabenecNay
AubryAyePalmesanoNay
CusickAyeByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
BichotteAye

RULES Chair:Heastie DATE:05/23/2022AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaAye
HyndmanExcused

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A06246 Floor Votes:

There are no votes for this bill in this legislative session.
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A06246 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6246C
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to stand- ards of care for animals held in, or being transported by, animal shel- ters; to amend the general business law, in relation to pet dealers; to amend the state finance law, in relation to establishing an animal shel- ter regulation fund; and to repeal certain provisions of the agriculture and markets law relating to pet dealers   PURPOSE: This legislation will provide comprehensive standards of care for munic- ipal shelters, not for profit humane societies, SPCAs and animal shel- ters and not for profit animal rescues.   SUMMARY OF PROVISIONS: Section 1 provides the Legislative Intent. Section 2 creates a of a new article 26-C to the Agriculture and Markets Law, titled "Regulation of Animal Shelters" -420. Definitions section -421. License required and inspection of facilities -422. Personnel training requirements- each animal shelter shall provide training to all staff members and volunteers having direct animal responsibilities. -423. Recordkeeping and protocols- establishes recordkeeping standards. Shelters must maintain a record for each animal in custody. -424. Facility Standards- Shelter facilities must have sound physical structures, such structures shall protect from injury, be non-porous, have accessible sinks, ambient temperature, back up-electricity plans, etc. -425. Animal Housing- Each animal shelter, shall provide each animal in its custody or possession with a suitable primary enclosure that meets the requirements prescribed in this section. -426. Sanitation- animal shelters shall establish and maintain sanita- tion protocols prescribed in this section. -427. Shelter Management Protocols - requires written management struc- ture for all staff. -428. Animal Husbandry-standards provided for proper nutrition and handling of animals. -429. Veterinary Care- requires prescription medications and treatments be administered under the advisement of a veterinarian. All animals must be assessed within two hours of intake by a trained staffer. Each animal shelter shall provide appropriate and timely veterinary care for any animal that is in distress or showing signs on significant illness or injury. Complete physical exams must take place within 24 hours of intake to identify behavior and medical conditions. -430. Behavior-- Shelters must collect a behavioral history on animals at the time of intake and must provide daily positive social inter- actions. Physical force in behavior modification is prohibited. -431. Transportation- establishes transportation requirements and vehi- cle standards. -432. Foster Care Provider Requirements- shelters and foster care providers must enter into a written agreement. Such agreement should ensure that providers are protecting the health and welfare of the animals in their care. -433. Violations- Violations may result in denial, revocation, suspen- sion or refusal of license renewal. Civil offense between $100 to $1000 for each violation. -434. Waiving of Requirements Authorized- the commissioner is authorized to waive the requirements established in this article during a disaster emergency. Section 3 adds a new section 383 to the Agriculture and Markets Law, establishing special provisions relates to the importation of dogs and cats into the state for sale, resale or adoption. Section 4 amends section 400 (b) and (c) of the Agriculture and Markets Law to include a reference to this article. Section 5 amends subdivision 3 of section 403 of the Agriculture and Markets Law, in relation to the application price for a shelter license. Section 6 repeals section 408 of the Agriculture and Markets Law. Section 7 renumbers section 380 of the Agriculture and Markets Law. Section 8 amends section 752 of the General Business Law to require licenses instead of registration Section 9 adds a new section to the State Finance Law creating an animal shelter regulation fund. Section 10 provides the effective date.   JUSTIFICATION: In 2017, New York State began requiring all nonprofit shelters (with or without municipal contracts) and all non-profit animal rescues to regis- ter with the Department of Agriculture and Markets. Previously, only municipal shelters. and nonprofit shelters with municipal contracts were overseen by the Department of Agriculture and Markets. This proposal would create a new Article 26-C in the Agriculture and Markets Law (AGM) and replace New York's existing shelter/ rescue registration law (AGM, Section 408, enacted in 2017), with a licensing and inspection program. for these entities.. This program would be administered by the Depart- ment of Agriculture and Markets Division of Animal Industry, which will oversee implementation, maintenance and compliance with these comprehen- sive facility standards. The basis for much of the provisions related to such standards is the Association of Shelter Veterinarians' (ASV) 2010 Guidelines for Standards of Care in Animal Shelters. The goal of this bill would be to heighten the standards of care for homeless companion animals at all shelters and rescues across New York while eliminating ineffective and unenforceable laws. Animal sheltering has changed dramatically over the last 40 years. We've seen euthanasia rates go from a national high of 15 million a year in the 1970s to approximately 900,000 today. In the last decade, these rates drop by 70 percent. We've seen that same transformation here in New York State where live release rates are routinely between 90 and 95 percent at shelters across New York. Despite this progress, there are not-for-profit operations across the state without the forward-thinking policies and procedures needed to protect animals. In short, they fail to adequately protect the homeless animal in their care and their operations are not overseen by New York State. This bill will require all entities-shelters and rescues--to be licensed by the Department of Agriculture and Markets which will ensure our state's homeless companion animals will live in safe and humane conditions, with proper cleaning, nourishment, and veterinary care. All licensed facilities will be considered animal shelters under the law. By enhancing the care standards for New York's homeless companion animals, the bill will: require all personnel to have on-going training on the care of homeless companion animals; require recordkeeping of animal records, including health and behavior; ban dangerous and reck- less methods of animal transport; recognize the importance of foster care in animal sheltering, while requiring shelters and rescues to moni- tor and track all foster providers; Require all entities to have a clear, written, management structure that defines staff authority, reporting structure and responsibilities; establish staffing require- ments that are sufficient to feed each animal, clean enclosures and provide socialization and exercise; require that the number of animals housed will not exceed the number of humane housing units available. This bill is based on the lifesaving, peer-reviewed best practices established by the Association of Shelter Veterinarians (ASV) 2010 Guidelines for Standards of Care in Animal Shelters.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect three years after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed by the commissioner of agriculture and markets on or before such effective date.
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A06246 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6246--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  GRIFFIN, KELLES, ENGLEBRIGHT, FAHY,
          LUPARDO, OTIS,  WOERNER,  HEVESI,  SIMON,  STIRPE  --  read  once  and
          referred to the Committee on Agriculture -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Agriculture in accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to amend the agriculture and markets law, in relation to stand-
          ards of care for animals held in,  or  being  transported  by,  animal
          shelters;  to amend the general business law, in relation to pet deal-
          ers; to amend the state finance law, in relation  to  establishing  an
          animal  shelter  regulation  fund; and to repeal certain provisions of
          the agriculture and markets law relating to pet dealers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent.  The  department  of agriculture and
     2  markets holds statutory responsibility for the  oversight  of  municipal
     3  animal  shelters and any duly incorporated humane society, duly incorpo-
     4  rated society for the prevention of cruelty to animals or duly  incorpo-
     5  rated  animal  protective association providing contractual animal shel-
     6  tering services for local governments in this state. The department also
     7  holds statutory responsibility  for  registering  not-for-profit  animal
     8  shelters  or  rescue organizations as entities exempt from licensure and
     9  inspection under the agency's pet dealer program. Currently however,  no
    10  statutory  facility or animal care standards exist in law to which these
    11  organizations must conform to adequately  and  uniformly  ensure  animal
    12  health  and  wellbeing  at and in transport to and from such facilities.
    13  The legislature finds that the universe of entities  harboring  homeless
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09094-08-2

        A. 6246--C                          2
 
     1  dogs and cats in our communities and providing animal transport in-state
     2  and across state lines has evolved and grown exponentially over the past
     3  several  decades,  rendering  the  existing  statutory framework for the
     4  oversight of such entities deficient and benefiting neither the adoptive
     5  families  of  dogs  and  cats in need nor the organizations that work so
     6  diligently to find safe, loving homes for them.
     7    Therefore, it is the stated purpose of this legislation  to  establish
     8  responsible,  uniform  and  effective standards for the care of dogs and
     9  cats in animal shelters as defined herein to  improve  state  oversight,
    10  ensure  public  trust  and  provide  for  increased protections for such
    11  animals while in the care of such facilities.
    12    § 2. The agriculture and markets law is amended by adding a new  arti-
    13  cle 26-C to read as follows:
    14                                ARTICLE 26-C
    15                        REGULATION OF ANIMAL SHELTERS
    16  Section 420. Definitions.
    17          421. License required and inspection of facilities.
    18          422. Personnel training requirements.
    19          423. Recordkeeping and protocols.
    20          424. General facility standards.
    21          425. Animal housing.
    22          426. Sanitation.
    23          427. Shelter management protocols.
    24          428. Animal husbandry.
    25          429. Veterinary care.
    26          430. Behavior.
    27          431. Transportation.
    28          432. Foster care provider requirements.
    29          433. Violations.
    30          434. Waiving of requirements authorized.
    31    §  420. Definitions. For purposes of this article, the following terms
    32  shall have the following meanings:
    33    1. "Adoption" means the transfer of legal ownership to and  possession
    34  by  any  natural  person eighteen years of age or older, for the limited
    35  purpose of harboring a pet, of any dog or cat, owned by the animal shel-
    36  ter regardless of whether a fee is involved.
    37    2. "Adult" shall mean cats and dogs five months of age and older,  for
    38  the  purposes  of determining appropriate housing within an animal shel-
    39  ter.
    40    3. "Animal" shall mean a dog or cat as defined in  this  section,  but
    41  shall not be construed to diminish or restrict the mission of any animal
    42  shelter defined in this section or other entity duly incorporated pursu-
    43  ant  to section fourteen hundred three of the not-for-profit corporation
    44  law solely to the care of dogs or cats.
    45    4. "Air handling system" shall mean the device or  equipment  used  to
    46  regulate, circulate, exchange, heat, and/or cool the air inside a build-
    47  ing.
    48    5. "Ambient temperature" shall mean the temperature of the environment
    49  inside a room or building.
    50    6.  "Animal  shelter"  shall  mean  a  public or not-for-profit entity
    51  owning, operating, or otherwise maintaining a  building,  structure,  or
    52  facility  where  temporary  or permanent housing and care is provided to
    53  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
    54  wise unwanted animals regardless of whether or not  such  facility  also
    55  serves  as  a  personal  residence. This includes but is not limited to:
    56  facilities owned, operated, or maintained by a duly incorporated society

        A. 6246--C                          3
 
     1  for the prevention of cruelty to animals, duly incorporated humane soci-
     2  ety dog or cat protective association,  or  pound;  any  person  in  the
     3  employ  of,  or  organization operated by or under contract to a munici-
     4  pality  to  provide  care  for seized or impounded animals; or any other
     5  not-for-profit organization involved in the protection, care, or  rehom-
     6  ing  of  animals.  Unless  otherwise  provided in this article, the term
     7  "animal shelter" shall not include the personal residence of any  foster
     8  care provider as defined in this section; a facility commonly known as a
     9  boarding  kennel,  where the ownership of the animal is not transferred;
    10  any entity licensed as a pet dealer pursuant to article twenty-six-A  of
    11  this  chapter;  any duly incorporated animal hospital owned, operated or
    12  supervised by a duly licensed veterinarian; or any  facility  where  the
    13  owner  or operator is licensed by the New York state department of envi-
    14  ronmental conservation as a nuisance wildlife control agent or  wildlife
    15  rehabilitator.
    16    7. "Aseptic" shall mean procedures or techniques performed in a manner
    17  sufficient  to  exclude  harmful bacteria, viruses, or other microorgan-
    18  isms.
    19    8. "Behavioral evaluation" shall mean  an  ordered  series  of  inter-
    20  actions with an animal to determine their behavioral response to various
    21  stimuli likely to be encountered in a typical home environment.
    22    9.  "Cat" shall mean any member of the species Felis catus, regardless
    23  of age, sex, breed, ownership status or behavior around humans.
    24    10. "Chemical capture" shall mean the use of drugs administered to  an
    25  animal  by  a  remote  delivery system in order to immobilize it for the
    26  purposes of capture.
    27    11. "Cleaning" shall mean the physical removal of debris  and  organic
    28  material from an environment.
    29    12. "Conspecific" shall mean another member of the same species.
    30    13. "Control pole" shall mean a restraint device consisting of a rigid
    31  metal pole with an adjustable wire noose used for handling and restraint
    32  of dogs, also commonly referred to as a catch pole or rabies pole.
    33    14.  "Death",  for  the  purposes  of describing the disposition of an
    34  animal, shall mean those animals who die but are not euthanized, regard-
    35  less of cause.
    36    15. "Disinfection" shall mean the  process  where  microorganisms  are
    37  killed  or  inactivated, typically through the application of a chemical
    38  or by some physical process (e.g. steam, heat, etc).
    39    16. "Dog" shall mean any member of the species Canis lupis familiaris,
    40  regardless of age, sex, breed,  ownership  status,  or  behavior  around
    41  humans.
    42    17. "Drop boxes" shall mean unattended enclosures at an animal shelter
    43  that are accessible to the public and used to contain animals brought to
    44  the animal shelter outside of regular business hours.
    45    18.  "Enclosure"  shall  be defined as an area of confinement used for
    46  housing a single animal or group of animals housed together.  An  enclo-
    47  sure may be a cage, run, kennel, room, or other such confining area.
    48    19. "Enriched" shall mean environment that reduces stress and promotes
    49  the physical health and behavioral well-being of an animal.
    50    20.  "Enrichment"  shall  mean a process for improving the environment
    51  and behavioral care of confined animals in order to  reduce  stress  and
    52  improve  well-being.    Enrichment shall include, but not be limited to,
    53  providing physical and mental stimulation,  encouraging  species-typical
    54  behaviors, and modifying the animal's housing environment.

        A. 6246--C                          4
 
     1    21.  "Foster  care  provider"  shall  mean  any individual voluntarily
     2  providing temporary care for one or more  animals  in  their  home  that
     3  remain in the custody and under the responsibility of an animal shelter.
     4    22.  "Infectious  disease" shall mean a disease or condition caused by
     5  bacteria, viruses, fungi or parasites that can be transmitted,  directly
     6  or indirectly, from one animal or individual to another.
     7    23.  "Intracardiac"  shall mean an injection made directly into one of
     8  the chambers of the heart.
     9    24. "Intrahepatic" shall mean an injection made into the liver.
    10    25. "Intrarenal" shall mean an injection made into the kidney.
    11    26. "Intrasplenic" shall mean an injection made into the spleen.
    12    27. "Juvenile" shall mean any cat or dog between two and  five  months
    13  of  age  for  the  purposes of determining appropriate housing within an
    14  animal shelter.
    15    28. "Loss" for the  purposes  of  describing  the  disposition  of  an
    16  animal,  shall  mean those animals who escape or go missing while in the
    17  care of an animal shelter.
    18    29. "Long-term stay" shall mean any duration  of  care  in  an  animal
    19  shelter of fourteen days or longer.
    20    30.  "Neonate"  shall mean any cat or dog less than two months of age,
    21  for the purposes of determining appropriate  housing  within  an  animal
    22  shelter.
    23    31.  "Pathogen"  shall  mean  a  biologic  organism capable of causing
    24  disease in an animal, such as a bacteria, virus, or fungus.
    25    32. "Primary enclosure" shall mean the area of  confinement  used  for
    26  housing  an  animal and where the animal spends the majority of its time
    27  in an animal shelter.
    28    33. "Thermoregulation" shall mean the ability of an animal to maintain
    29  its internal body temperature within a normal physiologic range.
    30    34. "Transport" shall mean the physical movement of an animal from one
    31  location to another, regardless of purpose and whether or not custody or
    32  responsibility for such animal changes as a result, when carried out  by
    33  the shelter or an agent thereof.
    34    35.  "Transfer"  shall  mean  the  transfer  of ownership and physical
    35  custody of an animal for an animal's care and well-being from an  animal
    36  shelter  to  another  organization as authorized pursuant to subdivision
    37  five of section three hundred seventy-four of this chapter.
    38    36. "Unenveloped virus" shall mean  those  viruses  without  an  outer
    39  lipid  layer  that  are  more difficult to inactivate through sanitation
    40  procedures.  Unenveloped viruses of concern in an animal  shelter  envi-
    41  ronment  include canine and feline parvoviruses, feline calicivirus, and
    42  canine adenovirus-2.
    43    37. "Zoonotic" shall mean any disease that may be transmitted  between
    44  humans and animals.
    45    §  421.  License  required and inspection of facilities. 1. Any person
    46  eligible for exemption from the definition of  pet  dealer  pursuant  to
    47  paragraphs  (b)  and  (c) of subdivision four of section four hundred of
    48  this chapter shall  be  licensed  by  the  department  pursuant  to  the
    49  provisions  of  this section. Notwithstanding the foregoing, any person,
    50  operating an animal shelter on or before  the  effective  date  of  this
    51  section,  who has filed an application for an initial license under this
    52  article is hereby authorized to operate without such license  until  the
    53  commissioner  grants  or,  after  notice  of an opportunity to be heard,
    54  declines to grant such license. Each application for  license  shall  be
    55  made  on a form supplied by the department and shall contain such infor-
    56  mation as required by the commissioner. Renewal  applications  shall  be

        A. 6246--C                          5
 
     1  submitted  to  the  commissioner  at  least  thirty  days  prior  to the
     2  commencement of the next license year.
     3    2.  Application  for  licensure  as set forth in this section shall be
     4  made annually to the commissioner on a form prescribed  by  the  commis-
     5  sioner.  Such  form  shall  include  but not be limited to the following
     6  information, provided however that paragraphs (a), (b) and (c)  of  this
     7  subdivision  shall  not apply to municipal pounds or shelters as defined
     8  in paragraph (b) of subdivision four of section  four  hundred  of  this
     9  chapter:
    10    (a)  Proof of the applicant's tax exempt designation pursuant to para-
    11  graph 3 of subsection (c) of section 501 of the federal Internal Revenue
    12  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
    13  federal Internal Revenue Code, as from time to time amended;
    14    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    15  ization in this state pursuant to the  not-for-profit  corporation  law,
    16  provided  further  that  such  organization is in good standing with the
    17  attorney general and the department of state;
    18    (c) Proof of the applicant's registration with  the  attorney  general
    19  pursuant to article seven-A of the executive law;
    20    (d)  If  the  applicant  is a municipal pound or shelter as defined in
    21  paragraph (b) of subdivision four of section four hundred of this  chap-
    22  ter, a copy of the applicant's employer identification number;
    23    (e)  The  name  of the applicant and the name or names under which the
    24  applicant offers its services to the public, any name  under  which  the
    25  applicant  has  offered such services to the public during the past five
    26  years, and whether the applicant has ever  held  a  pet  dealer  license
    27  issued pursuant to article twenty-six-A of this chapter;
    28    (f)  The  address  and  telephone  number of the applicant and for any
    29  other premises owned or leased by such applicant's organization to carry
    30  out the purposes for which it was incorporated and by which it is eligi-
    31  ble for a licensing exemption pursuant to  paragraphs  (b)  and  (c)  of
    32  subdivision four of section four hundred of this chapter;
    33    (g) The website and email address of the applicant;
    34    (h)  The number of animals taken in, adopted, placed into permanent or
    35  temporary homes, or otherwise transferred into, out of,  or  within  the
    36  state by the applicant during the prior calendar year;
    37    (i) The number of animals currently harbored by the applicant;
    38    (j)  The  species  of  animal  the  applicant  typically  harbors  for
    39  adoption, placement or transfer;
    40    (k) A description of facilities by which the applicant carries out the
    41  purposes for which it was incorporated, including a statement  regarding
    42  whether  the  applicant harbors the animals in its care in its own phys-
    43  ical animal shelter or utilizes foster care provider  homes,  commercial
    44  boarding kennels or other arrangements;
    45    (l) A sworn statement, signed by the applicant, declaring an exemption
    46  from  the  definition  of pet dealer pursuant to section four hundred of
    47  this chapter;
    48    (m) Current training protocol and procedural practices  as  prescribed
    49  pursuant  to  sections  four hundred twenty-two and four hundred twenty-
    50  three of this article; and
    51    (n) Other information as deemed necessary to satisfy the  commissioner
    52  of the applicant's character and responsibility.
    53    3.  The  commissioner  shall  conduct an inspection of the applicant's
    54  facilities prior to the issuance of a license pursuant to this  section,
    55  and  annual  inspections of the applicant's facilities licensed pursuant
    56  to this section prior to renewal of such license. The  commissioner  may

        A. 6246--C                          6
 
     1  periodically  conduct  unannounced  inspections  of such facilities, and
     2  whenever, in the discretion of the commissioner,  a  complaint  warrants
     3  such  investigation.   Animal shelters licensed pursuant to this section
     4  shall  provide  open  hours  to the commissioner so that inspections can
     5  occur in a timely manner. Renewal of an animal shelter license shall not
     6  be granted until all outstanding  violations  issued  pursuant  to  this
     7  article  are  corrected  and any outstanding monetary penalties assessed
     8  pursuant to this article are paid in full.
     9    4. Upon validation by the commissioner, the application  shall  become
    10  the  license  of the animal shelter and an exemption from the definition
    11  of pet dealer as defined in section four hundred of this  chapter  shall
    12  be  granted.  The  commissioner  shall retain a copy of such license and
    13  provide a copy of the license to the animal shelter.    Animal  shelters
    14  licensed  pursuant  to  this  section  shall conspicuously display their
    15  license on the premises where its animals are harbored. The commissioner
    16  shall also provide the licensee with a pet dealer exemption  identifica-
    17  tion  number.  The licensee's pet dealer exemption identification number
    18  shall be prominently displayed on the licensee's websites and any publi-
    19  cations or advertisements made available to the public.
    20    5. Such license shall be renewable annually, upon  the  payment  of  a
    21  nonrefundable fee of one hundred fifty dollars.
    22    6.  The  moneys  received by the commissioner pursuant to this section
    23  shall be deposited in the "animal shelter regulation  fund"  established
    24  pursuant to section ninety-nine-pp of the state finance law.
    25    7.  The  commissioner may decline to grant or renew, or may suspend or
    26  revoke an animal shelter license, on any one or more  of  the  following
    27  grounds,  provided  that  before  any  of the aforementioned actions are
    28  taken pursuant to this section, the commissioner shall hold  a  hearing,
    29  upon  due  notice  to  the  licensee  in accordance with any regulations
    30  promulgated by the department and in accordance with articles three  and
    31  four  of  the  state  administrative procedure act, and provided further
    32  that any action of the commissioner is subject to judicial review  in  a
    33  proceeding  under  article  seventy-eight  of the civil practice law and
    34  rules:
    35    (a) material misstatement in the license application;
    36    (b) material misstatement in or falsification of records  required  to
    37  be  kept  pursuant  to this article, or under any regulation promulgated
    38  thereunder, or failure to allow the commissioner to inspect  records  of
    39  animal shelter facilities;
    40    (c)  violation  of  any  provision  of this article or conviction of a
    41  violation of any provision of article  twenty-six  of  this  chapter  or
    42  regulations  promulgated  thereunder  pertaining  to humane treatment of
    43  animals, cruelty to animals,  endangering  the  life  or  health  of  an
    44  animal,  or  violation of any federal, state, or local law pertaining to
    45  the care, treatment, sale, possession, or handling  of  animals  or  any
    46  regulation or rule relating to the endangerment of the life or health of
    47  an animal;
    48    (d)  failure  to  comply with any of the provisions of this article or
    49  the licensing exemption requirements of section  four  hundred  of  this
    50  chapter;  1  NYCRR  Part  65 regarding the importation of dogs and cats;
    51  section twenty-one hundred forty-one of the public  health  law  or  any
    52  rule  or  regulation  promulgated  thereunder; or any rule or regulation
    53  promulgated by the commissioner following the  effective  date  of  this
    54  article to effectuate the purposes of this article;
    55    (e)  failure to renew a license within the period prescribed in subdi-
    56  vision one of this section; or

        A. 6246--C                          7
 
     1    (f) the applicant or registrant was previously licensed as a pet deal-
     2  er pursuant to article twenty-six-A of this chapter.
     3    §  422.  Personnel  training  requirements.  1.  Each  animal  shelter
     4  licensed pursuant to this article shall provide training  to  all  staff
     5  members  and volunteers having direct animal care responsibilities. Such
     6  training shall be provided within the first sixty days of employment and
     7  at least annually thereafter and shall be in addition  to  any  and  all
     8  training  otherwise  required  by  federal, state, or local law or regu-
     9  lation.
    10    2. Acceptable training modalities shall include, but  not  be  limited
    11  to,  online webinars, on-site lectures or seminars, off-site conferences
    12  for animal shelter staff, or other formal training modalities as author-
    13  ized by the commissioner.
    14    3. Training topics shall include, but not be limited to,  the  follow-
    15  ing:
    16    (a) humane handling techniques;
    17    (b) infectious diseases commonly found in animal shelters;
    18    (c) zoonotic diseases;
    19    (d) animal cruelty;
    20    (e) sanitation procedures;
    21    (f)  body  language  and  normal  behaviors  for all species regularly
    22  handled; and
    23    (g) required documentation and data entry.
    24    4. Complete documentation of training sessions shall be maintained for
    25  a period of not  less  than  three  years  from  the  date  of  training
    26  completion. Such documentation shall include, but not be limited to, the
    27  following:
    28    (a) the date of training delivery and the date of completion;
    29    (b) the topic or topics of the training session; and
    30    (c) the provider of the training and a list of training course attend-
    31  ees.
    32    § 423. Recordkeeping and protocols. 1. Each animal shelter shall exam-
    33  ine  an  animal upon intake for unique identifiers and any other form of
    34  identification that may  allow  for  reunification  with  an  owner,  as
    35  prescribed  in  sections one hundred seventeen and three hundred eighty-
    36  two of this chapter.
    37    2. Each animal shelter shall create and maintain  a  record  for  each
    38  animal in their custody or possession which shall minimally include:
    39    (a)  Unique  identifiers  and any other identification associated with
    40  the animal upon examination at entry, including but  not  limited  to  a
    41  tattoo,  a  permanent  official  identification  number as prescribed in
    42  section one hundred twelve of this chapter or other identification tags,
    43  rabies tags and numbers, or a microchip number, if present;
    44    (b) The name, address and telephone number of the person  surrendering
    45  an  animal  or  from  whom  an  animal is seized, and additional contact
    46  information as the commissioner may require, or the  address  or  cross-
    47  streets and city, town, or village where the animal was located or found
    48  prior to intake, if known;
    49    (c) The date of intake into and departure from the animal shelter;
    50    (d)  Whether  the  animal  was  adopted,  transferred, redeemed by its
    51  owner, died or was humanely euthanized, and, if  applicable,  the  name,
    52  address, and phone number of the receiving individual or agency;
    53    (e)   Basic  descriptors  including  species,  age,  gender,  physical
    54  description including color, and the spay or neuter status at  entry  if
    55  determinable with reasonable certainty;

        A. 6246--C                          8
 
     1    (f)  Any  available behavioral or health history or information other-
     2  wise obtained at intake, including bite history and  rabies  vaccination
     3  status, when known; and
     4    (g)  All  veterinary  and  behavioral examinations, treatments, proce-
     5  dures, or medications occurring during the animal's time under the  care
     6  of the shelter.
     7    3.  Notwithstanding  any  other  provision of law or regulation to the
     8  contrary, records for each animal shall be maintained for not less  than
     9  three years from the date of animal departure.
    10    4.  Previous  bite  history  shall be fully disclosed in writing to an
    11  adopter, transfer partner, or  reclaiming  owner  and  provided  in  any
    12  reports regarding the animal, as applicable.
    13    5.  Nothing  in  this  section  shall  preclude or otherwise supersede
    14  record disclosure requirements prescribed in section sixty-seven hundred
    15  fourteen  of  the  education  law,  or  any  requirement  regarding  the
    16  creation,  maintenance,  or  retention  of veterinary medical records in
    17  state or federal law or veterinary practice guideline.
    18    6. Each animal shelter shall  maintain  a  record  of  its  designated
    19  foster  care  providers  that shall include the written agreement estab-
    20  lished between such  animal  shelter  and  such  providers  pursuant  to
    21  section  four  hundred thirty-two of this article, each provider's name,
    22  address, telephone number, email address if available, types of  animals
    23  for  which  the provider is willing to provide care, inspection reports,
    24  and current number of animals in the care of a  designated  foster  care
    25  provider.  Such  records  shall  be updated immediately in the event any
    26  contact information for a given foster care provider changes.
    27    7. Each animal shelter shall maintain summary records of  their  total
    28  annual  animal  intake and dispositions by species, by source of intake,
    29  and by type of disposition. Such records shall be made available to  the
    30  commissioner  upon  request.  The  commissioner  shall make such records
    31  available to the public upon request pursuant  to  article  six  of  the
    32  public officers law.
    33    8.  Each  animal  shelter shall develop and maintain written protocols
    34  sufficiently detailed to achieve and maintain the  standards  prescribed
    35  in this section. These shall include, but not be limited to, the follow-
    36  ing:
    37    (a) animal handling;
    38    (b) behavioral assessment;
    39    (c) enrichment and stress reduction;
    40    (d) management of bite/scratch cases; and
    41    (e) sanitation.
    42    9.  Each  animal shelter shall also develop and maintain the following
    43  written protocols, approved by a duly licensed veterinarian  and  suffi-
    44  ciently  detailed  to  achieve  and maintain the standards prescribed in
    45  this article:
    46    (a) nutrition and feeding;
    47    (b) physical examination;
    48    (c) emergency veterinary care;
    49    (d) pain management;
    50    (e) vaccinations;
    51    (f) parasite control;
    52    (g) anesthesia and surgery, if performed on-site by the organization;
    53    (h) humane euthanasia; and
    54    (i) outbreak management/control of infectious diseases.
    55    10. Protocols established by each  animal  shelter  pursuant  to  this
    56  section  shall  be  reviewed annually and updated as necessary by desig-

        A. 6246--C                          9
 
     1  nated administrative and managerial staff. Such protocols shall be  made
     2  readily accessible to appropriate staff and volunteers.
     3    §  424. General facility standards. 1. All facilities and all interior
     4  components of each animal shelter shall be constructed of materials that
     5  ensure a sound physical structure, and shall  be  maintained  so  as  to
     6  protect  animals  from  injury, ensure containment of animals within the
     7  property, and restrict unauthorized entry of other animals and humans to
     8  the building.
     9    2. Indoor building surfaces in direct contact with  animals  shall  be
    10  constructed of materials that are non-porous, water resistant, non-toxic
    11  and able to withstand regular cleaning and disinfection. Adequate drain-
    12  age shall prevent the accumulation of water or other liquids on floors.
    13    3. Electrical power and running water shall be maintained to all parts
    14  of  the  facility  that  house animals, with written emergency plans for
    15  back-up sources or relocation of the animals to a  safe  environment  in
    16  the event of outages lasting more than four hours.
    17    4.  Readily  accessible  sinks  shall be convenient to all animal care
    18  areas. Single service soap and towels or electric hand dryers  shall  be
    19  available at all hand-washing locations.
    20    5.  Ambient  temperatures  in all indoor animal housing areas shall be
    21  routinely maintained between sixty and eighty degrees fahrenheit.
    22    6. Each animal shall be monitored and  provided  with  an  environment
    23  allowing maintenance of normal body temperature based on species, breed,
    24  body condition, medical condition, and age.
    25    7.  Each  animal  shelter  shall  document  regular maintenance of air
    26  handling systems according to the manufacturer's recommendations.
    27    8. Ammonia levels shall be kept at less than two parts per million.
    28    9. Each animal shelter shall provide separate  housing  areas,  segre-
    29  gated by species and from uninfected, unexposed animals, for the housing
    30  of  any animal with an infectious disease that may be transmitted within
    31  the shelter environment and  requiring  isolation  as  determined  by  a
    32  licensed veterinarian. Doors separating such rooms from the remainder of
    33  the facility shall be kept closed.
    34    10.  Each animal shelter shall minimize continuous exposure of person-
    35  nel and animals to sound levels exceeding eighty-five  decibels.  Active
    36  measures shall be taken and documented to minimize sound levels in hous-
    37  ing  areas. Such measures may include modified kennel design, relocation
    38  of particularly loud animals, or use of visual barriers, sound baffling,
    39  and behavioral enrichment protocols. Each animal  shelter  shall  use  a
    40  decibel-meter  at a minimum of once weekly to measure the level of sound
    41  in their kennels during cleaning and resting times.  A  record  of  such
    42  measurements and the date such measurements were recorded shall be main-
    43  tained by each animal shelter.
    44    11.  Each  animal  shelter  shall  provide  animal  housing areas that
    45  provide adequate lighting and a means to maintain diurnal  light  cycles
    46  pursuant  to  an established schedule.  All animals shall have a minimum
    47  of eight hours each of light  and  darkness  within  a  twenty-four-hour
    48  cycle.
    49    12.  Each  animal  shelter shall establish and maintain a written plan
    50  for pest and vermin control including the following:
    51    (a) Method of controlling rodent infestation  that  is  effective  and
    52  safe for both humans, and animals housed in the facility;
    53    (b) A record or copies of service reports from outside service provid-
    54  ers  related  to  pest and vermin control that documents dates, methods,
    55  locations, and outcomes, if applicable; and

        A. 6246--C                         10
 
     1    (c) Food stored  in  rodent  proof  containers  to  prevent  spoilage,
     2  contamination,  and  infestation  once  opened,  if  packaging  has been
     3  damaged, or as otherwise required by such plan.
     4    13.  The use of unattended drop boxes for intake of animals is prohib-
     5  ited.
     6    § 425. Animal housing. 1. Each licensed animal shelter  shall  provide
     7  each  animal in its custody or possession with a suitable primary enclo-
     8  sure that meets the requirements prescribed in this section.
     9    2. Unsupervised tethering for  periods  exceeding  thirty  minutes  is
    10  prohibited.
    11    3. Animal housing shall meet the following requirements:
    12    (a)  materials  used  in  housing  construction  shall  be non-porous,
    13  water-resistant, non-toxic, and able to withstand regular  cleaning  and
    14  disinfection;
    15    (b)  drainage  shall prevent accumulation of water or other liquids on
    16  floors; and
    17    (c) housing shall be structurally sound, in good repair and maintained
    18  in a safe, working condition to properly confine animals, prevent  inju-
    19  ry,  keep animals safe from predation, keep other animals out, and allow
    20  animals to remain dry and clean.
    21    4. Wire or slat-bottom cages are prohibited unless  a  solid  tray  is
    22  provided for the cage bottom to prevent injury to the animal.
    23    5. Animal populations shall be segregated appropriately, in accordance
    24  with the following requirements:
    25    (a)  dogs and cats shall be housed in separate rooms with efforts made
    26  to minimize the exposure of cats to the barking of dogs  to  the  extent
    27  practicable;
    28    (b) animals of the same species shall be separated by age groups (e.g.
    29  neonates  and  juveniles;  adults)  except  that  nursing animals may be
    30  housed with their offspring;
    31    (c) animals with known  or  suspected  infectious  diseases  shall  be
    32  housed  in  isolation areas as prescribed in subdivision nine of section
    33  four hundred twenty-four of this article;
    34    (d) nothing in this subdivision shall  be  construed  to  prevent  the
    35  temporary  housing  of  animals  in  areas  without such segregation for
    36  medical care and in pre- and post-operative surgical areas.
    37    6. Well-socialized, healthy animals may be housed  with  one  or  more
    38  conspecifics.    Animals  housed  together  shall be compatible and have
    39  similar environmental requirements. Such housing shall not  allow  expo-
    40  sure to numerous different animals on a frequently changing basis.
    41    7.  Prior to being housed with one or more other animals the following
    42  conditions shall apply:
    43    (a) all animals are vaccinated  and  dewormed  against  the  pathogens
    44  specified in section four hundred twenty-nine of this article;
    45    (b)  physical  examinations verifying the absence of clinical signs of
    46  infectious diseases have been performed;
    47    (c) surgical sterilization or housing in  same-sex  groupings,  except
    48  littermates under twelve weeks of age; and
    49    (d)  the  animal  has a collar or tag to facilitate visual identifica-
    50  tion, unless the animal's age or condition is such that  application  of
    51  visual  identification is not practicable or would be detrimental to the
    52  animal's health.
    53    8. Animals that are poorly socialized, fearful, or aggressive  towards
    54  other  animals or that are ill, injured, or within a week of whelping or
    55  queening shall be housed individually  in  a  suitably  sized,  enriched
    56  primary enclosure.

        A. 6246--C                         11
 
     1    (a)  Littermates  under the age of twelve weeks may be co-housed in an
     2  isolation area if all individuals are infected with the same infectious,
     3  contagious, parasitic or communicable disease.
     4    (b)  Dogs  and  cats within a week of giving birth or until separation
     5  from the offspring shall be provided with a box with a solid floor large
     6  enough to allow the animal to lie fully stretched on its  side,  permit-
     7  ting  all  offspring  to  nurse  and  to accommodate all offspring until
     8  weaned; and an area large enough to allow the dam or queen to leave  the
     9  whelping box.
    10    9. Each enclosure shall clearly indicate the identities of all animals
    11  contained within, specifying each animal's unique identifier as required
    12  under  section  four  hundred  twenty-three of this article. Each animal
    13  shall also be individually identified.
    14    10. All primary enclosures shall provide  sufficient  space  to  allow
    15  each animal, regardless of species, to:
    16    (a) make all normal postural adjustments;
    17    (b)  fully  stretch  its  body and have sufficient room to circle, lie
    18  down, and stand upright without the head or tail touching the  sides  of
    19  the  enclosure  even  with  the  presence of water and food bowls, beds,
    20  litter boxes, and other normal cage objects; and
    21    (c) allow animals to sit, sleep and  eat  away  from  areas  of  their
    22  enclosure where they defecate and urinate.
    23    11.  Any  primary  enclosure housing two or more animals shall provide
    24  the following:
    25    (a) sufficient space and quality of environment to allow  all  animals
    26  to maintain social distances;
    27    (b)  adequate areas for hiding, resting, feeding, and elimination with
    28  sufficient space to separate areas and the ability for  all  animals  to
    29  access those areas.
    30    12.  Regardless  of  the  size of the primary enclosure, the number of
    31  animals cohoused in a primary enclosure at one time shall not exceed the
    32  following thresholds:
    33    (a) twelve adult cats;
    34    (b) two litters of kittens not to exceed ten kittens total;
    35    (c) five adult dogs; or
    36    (d) one litter of puppies.
    37    13. Puppies and kittens less than sixteen weeks of age  shall  not  be
    38  housed  in the same enclosure with adults other than their dam or queen,
    39  or foster or surrogate dam or queen.
    40    14. All animals housed with one or more conspecifics  shall  be  sepa-
    41  rated  for  feeding or observed at feeding times for antagonistic inter-
    42  actions that pose a safety and welfare concern.
    43    15. Animals shall not be housed outdoors for more  than  twelve  hours
    44  within  a  twenty-four-hour  period,  with the exception of free-roaming
    45  cats under the care of the animal shelter.
    46    16. Outdoor primary enclosures shall comply with all housing  require-
    47  ments prescribed in this section and shall provide the following:
    48    (a) protection from the elements at all times;
    49    (b)  adequate  drainage to prevent the accumulation of excess water in
    50  or around the enclosures;
    51    (c) a moisture-proof, insulated  shelter  structure  large  enough  to
    52  simultaneously  accommodate all animals in the enclosure, unless immedi-
    53  ate entry to an indoor portion of the enclosure is accessible;
    54    (d) security from unauthorized entry of other animals into the  enclo-
    55  sure;

        A. 6246--C                         12
 
     1    (e)  a  separate, shaded area sufficient to simultaneously accommodate
     2  all animals, except when animals have  immediate  access  to  an  indoor
     3  portion of the enclosure;
     4    (f)  clean dry bedding at all times and a heat source when the outdoor
     5  temperature falls below fifty degrees fahrenheit; and
     6    (g) enclosures that allow outdoor  access  for  cats  shall  be  fully
     7  enclosed to prevent escape from the enclosure.
     8    17.  For any animal in the custody or possession of any animal shelter
     9  for fourteen days or longer, alternative housing shall  be  provided  in
    10  one of the following formats:
    11    (a)  enriched  cages at least twice the size otherwise required for an
    12  animal's size;
    13    (b) foster care in a private home, office, or other suitable  off-site
    14  location; or
    15    (c) room housing.
    16    §  426. Sanitation. Any animal shelter licensed pursuant to this arti-
    17  cle shall establish and maintain sanitation protocols that  include  the
    18  following:
    19    1. use of one or more agents that have cleaning and disinfectant prop-
    20  erties  that  are effective under conditions present in a given environ-
    21  ment and with demonstrated effectiveness against the pathogens for which
    22  animals are at risk;
    23    2. removal of animals from enclosures and placement in another  appro-
    24  priate  enclosure  or  separation  from the area being cleaned or disin-
    25  fected by a functional compartment door when water, cleaning, or  disin-
    26  fecting agents are sprayed in or near an animal's enclosure;
    27    3.  dedicated  equipment for cleaning and disinfection for use in each
    28  separate area of the shelter designated as cat or dog  isolation,  hold-
    29  ing, adoptions or other functionally separate areas within the facility;
    30    4. cleaning and disinfecting in between each use of items and surfaces
    31  that  come  into contact with animals, including but not limited to food
    32  and water bowls, litter boxes and exam tables, or procedures to  discard
    33  and replace with new items for each animal;
    34    5. cleaning and disinfecting all enclosures for temporary or permanent
    35  housing before a new animal enters such enclosure;
    36    6.  daily cleaning and at least once weekly disinfecting of enclosures
    37  that house the same animal or animals during a long-term stay;
    38    7. cleaning and disinfecting enclosures  when  the  enclosure  becomes
    39  heavily soiled or otherwise contaminated or a new animal is added to the
    40  enclosure;
    41    8.  laundering  of all animal bedding in a machine with detergent when
    42  soiled and thoroughly drying such bedding before reuse, or removing  and
    43  disposing of such bedding appropriately;
    44    9.  cleaning  of  outdoor premises from clutter that may pose a safety
    45  concern and fecal material removed at least once daily;
    46    10. appropriate use and disposal of protective  garments  worn  during
    47  cleaning and intensive animal-handling activities within an animal shel-
    48  ter; and
    49    11. proper hygiene of shelter staff, volunteers, and visitors, includ-
    50  ing signage, supervision, and hand sanitation.
    51    § 427. Shelter management protocols. 1. Each animal shelter shall have
    52  a  clear,  written,  management  structure that defines staff authority,
    53  reporting structure and responsibilities, and is readily  accessible  to
    54  all staff and volunteers.
    55    2.  Staffing  shall  be sufficient to allow adequate time, per animal,
    56  for cleaning and daily feeding, and to meet the minimum requirements for

        A. 6246--C                         13
 
     1  socialization and exercise of animals  as  prescribed  in  section  four
     2  hundred thirty of this article.
     3    3. The total number of animals housed in an animal shelter facility or
     4  foster  home  shall  not exceed the number of housing units available at
     5  the facility as required by section four  hundred  twenty-five  of  this
     6  article;  provided,  however,  that exceptions to the provisions of this
     7  subdivision shall be permissible for periods not  to  exceed  forty-five
     8  contiguous  days  in  the event of an animal seizure pursuant to article
     9  twenty-six of this chapter or  a  natural  disaster  where  an  official
    10  declaration of the disaster or emergency has been made.
    11    4.  All  animals  shall  be observed daily by a manager or designee to
    12  identify each animal's needs for care, housing and service and to ensure
    13  that each animal has a plan to advance efficiently through the shelter.
    14    § 428. Animal husbandry. 1. (a) Each animal shelter shall provide each
    15  animal under its care with fresh, potable  water  at  all  times  unless
    16  otherwise directed by a duly licensed veterinarian.
    17    (b)  Each  animal  shelter  shall  feed  each  animal under its care a
    18  complete and nutritionally balanced, species-specific and life-stage-ap-
    19  propriate diet as indicated by the animal's  age,  weight,  and  medical
    20  health,  or  as  directed  by a duly licensed veterinarian in accordance
    21  with the written protocols required by section four hundred twenty-three
    22  of this article.
    23    (c) Food shall be provided at least once daily for adult  animals,  at
    24  least  twice daily for animals less than six months of age, and at least
    25  three times daily for animals less than two months of age.
    26    (d) Perishable animal food shall be refrigerated.
    27    (e) Animal food and water containers shall be  present  in  sufficient
    28  number  and  location  to  safely enable each animal in the enclosure to
    29  access an adequate supply of food and water. Food and water bowls  shall
    30  be  of the type that can be easily sanitized, be kept clean and shall be
    31  cleaned and disinfected prior to  use  by  a  different  animal,  unless
    32  disposable bowls are used and replaced between animals.
    33    (f)  Each  animal  shall  be observed during or following each feeding
    34  time to ensure daily food intake, or at  least  once  every  twenty-four
    35  hours  for  animals continually offered food. Such observations shall be
    36  recorded.
    37    2. (a) Humane and safe physical restraint to limit some or all  normal
    38  voluntary  movement  of  any  animal in each animal shelter's care shall
    39  minimize fear, pain, stress and suffering for the animal,  protect  both
    40  the  animal  and  personnel from harm, and be of the least intensity and
    41  duration required to allow the specific procedure or  procedures  to  be
    42  performed properly.
    43    (b)  (i) Frightened or fractious animals may be appropriately tranqui-
    44  lized, under the orders and supervision of a duly licensed veterinarian,
    45  if they cannot be restrained safely and humanely.
    46    (ii) No physical force shall be used as punishment or in anger.
    47    (iii) Handling methods shall minimize the chance of escape and  ensure
    48  the safety of both humans and animals.
    49    (c)  Restraint devices and handling techniques employed by each animal
    50  shelter shall be used in a manner that minimizes animal stress and  risk
    51  of  injury  to both animals and personnel, in the event such devices and
    52  techniques are necessary for the safe handling of the animal.
    53    (i) All equipment shall be maintained in good working order.
    54    (ii) Cats shall not be restrained with control  poles.  Humane  traps,
    55  cat  boxes,  nets,  towels,  or other equipment appropriate for handling
    56  fractious animals may be used.   Squeeze  cages,  feral  cat  boxes,  or

        A. 6246--C                         14
 
     1  humane traps with dividers shall be used for restraining cats and admin-
     2  istering tranquilizers prior to handling.
     3    §  429.  Veterinary  care.  1. Prescription medications and treatments
     4  shall be administered by each animal shelter under the advisement of  or
     5  in accordance with written protocols provided by a duly licensed veteri-
     6  narian.
     7    2.  All drugs shall be documented and dispensed by each animal shelter
     8  in accordance with applicable local, state, and federal laws  and  regu-
     9  lations.
    10    3.  All  incoming  animals  shall  be  assessed within two hours after
    11  intake by a trained animal shelter staff  member  to  determine  if  any
    12  physical abnormalities exist that require immediate veterinary attention
    13  in accordance with the shelter's written protocol for emergency care, as
    14  required by section four hundred twenty-three of this article.
    15    4.  Each  animal shelter shall have the ability to provide for veteri-
    16  nary assessment and humane care in a  timely  fashion  through  in-house
    17  facilities or at an off-site location.
    18    5.  Pursuant  to  the  written  protocol for emergency veterinary care
    19  required by section four hundred  twenty-three  of  this  article,  each
    20  animal  shelter shall provide appropriate and timely veterinary care for
    21  any animal that is in distress, experiencing pain, or showing  signs  of
    22  significant illness or injury.
    23    6.  Each  animal  shelter  shall recognize and treat acute and chronic
    24  pain appropriately, as set forth in article twenty-six of this  chapter.
    25  The legal status regarding the ownership of any animal shall not prevent
    26  treatment to relieve suffering.
    27    7.  Each  animal shelter shall provide a complete physical examination
    28  of all animals in its custody or possession  by  trained  shelter  staff
    29  within  twenty-four  hours  of  intake to identify medical or behavioral
    30  conditions that require  further  evaluation  and  care.  Animals  shall
    31  specifically  be examined for bite wounds; animals that have potentially
    32  been exposed to rabies shall be managed in  accordance  with  applicable
    33  local  and  state laws. Each animal shelter shall comply with the rabies
    34  reporting requirements prescribed in 10 NYCRR 2.14.
    35    8. Each animal shelter shall vaccinate each animal in its  custody  or
    36  possession  with  core vaccines as recommended by national standards and
    37  guidelines specific to  animal  shelters  as  established,  endorsed  or
    38  approved  by  the  American  Association of Feline Practitioners (AAFP),
    39  American Animal Hospital Association (AAHA), or the Association of Shel-
    40  ter Veterinarians (ASV).
    41    9. Each animal shelter shall provide all dogs, cats,  and  ferrets  in
    42  its  custody or possession with a rabies vaccination prior to release in
    43  accordance with local public health laws. Each animal shelter  shall  be
    44  in compliance at all times with section one hundred nine of this chapter
    45  and title four of article twenty-one of the public health law.
    46    10.  At  a minimum, each animal shelter shall treat all animals in its
    47  custody or possession for hookworms  and  roundworms  prior  to  release
    48  and/or placement in foster care.
    49    11.  When  a  physical  or behavioral abnormality is identified at the
    50  time of intake or at any time during any animal's  shelter  stay,  staff
    51  members  shall follow written medical protocols required by section four
    52  hundred twenty-three of this article,  to  determine  if  and  when  any
    53  animal  in  its  custody  or  possession  needs to be examined by a duly
    54  licensed veterinarian. If the animal is in foster care, the foster  care
    55  provider shall follow written medical protocols to determine whether the
    56  animal needs to be examined by a duly licensed veterinarian.

        A. 6246--C                         15
 
     1    12.  Any animal in the custody or possession of any animal shelter for
     2  more than thirty days shall be examined and weighed at least monthly  by
     3  a  trained  staff member.   Animals in foster care shall be examined and
     4  weighed at least once every six months by a trained staff member.
     5    13.  Any  apparently  healthy  animal  remaining within the custody or
     6  possession of any animal shelter shall be examined by  a  duly  licensed
     7  veterinarian  at  least every six months, or more frequently if problems
     8  are identified.
     9    14. Each animal shelter shall  provide  regular  grooming  to  prevent
    10  discomfort  or  injury  to  each  animal  in  its custody or possession.
    11  Matted, soiled, or otherwise unkempt  animals  shall  be  provided  with
    12  timely  grooming  to  alleviate  discomfort  and  prevent  injury within
    13  forty-eight hours of intake or  identification  of  condition.    Severe
    14  matting  that  prevents  normal  movement,  an  animal's ability to eat,
    15  drink, urinate, or defecate, or that compromises tissue health shall  be
    16  treated as a medical emergency requiring immediate care.
    17    15. (a) No animal shelter shall release any dog or cat for adoption to
    18  any person unless the dog or cat has been spayed or neutered, in accord-
    19  ance with section three hundred seventy-seven-a of this chapter.
    20    (b) Prior to performing spay/neuter surgery at any animal shelter:
    21    (i)  All animals in such shelter's custody or possession shall receive
    22  an examination by a duly licensed veterinarian within twenty-four  hours
    23  of  surgery  and  anesthesia.  Such  examination  may be performed under
    24  sedation or anesthesia if, due to the animal's behavior, an  examination
    25  is not possible while awake.
    26    (ii)   Balanced   anesthetic  protocols  that  include  sedation,  the
    27  provision of pre- and post-operative analgesia, stress reduction, muscle
    28  relaxation and controlled, reversible loss  of  consciousness  shall  be
    29  utilized for all animals.
    30    (iii)  While  surgery  is being performed, the operating area shall be
    31  dedicated to surgery and contain the necessary equipment for  anesthesia
    32  and patient monitoring.
    33    (iv)  Aseptic surgical technique shall be required, and separate ster-
    34  ile instruments shall be used for  each  patient.  All  instruments  and
    35  equipment shall be maintained in proper working condition.
    36    (v) A permanent tattoo shall be placed on the ventral abdomen of shel-
    37  ter-owned cats and dogs at the time of spay or neuter.
    38    (vi) Each animal shelter shall provide adoptive owners instructions in
    39  both written and verbal forms for ten-day post-operative care of recent-
    40  ly spayed or neutered animals.
    41    (c) Written protocols required by section four hundred twenty-three of
    42  this  chapter,  shall be followed to handle related post-operative emer-
    43  gencies.
    44    § 430. Behavior. 1. Each animal shelter shall take measures, by way of
    45  written questionnaire, personal interview or other means  deemed  neces-
    46  sary  by  the  commissioner,  to  collect  a behavioral history for each
    47  animal in its custody or possession at the time of intake.
    48    2. Routine  care  and  handling  of  any  animal  in  the  custody  or
    49  possession  of  each animal shelter, including the timing of feeding and
    50  sanitation procedures shall be performed on a regular daily schedule.
    51    3. At least twenty minutes of positive social interactions,  in  addi-
    52  tion  to time spent providing feeding, cleaning, basic husbandry or care
    53  with people shall be provided by each animal shelter on  a  daily  basis
    54  for  any  animal in such shelter's custody or possession except those so
    55  poorly socialized to humans  that  such  contact  would  be  unpleasant,
    56  stressful or pose a safety risk to other animals or humans. Daily handl-

        A. 6246--C                         16
 
     1  ing  and positive exposure to people and other animals shall be provided
     2  for any dog or cat less than four months of age, while taking  appropri-
     3  ate  precautions  to  limit infectious disease.   Positive social inter-
     4  actions  shall include but not be limited to petting an animal, walking,
     5  reward based training or interactive play with toys. Time spent  provid-
     6  ing  basic  husbandry  and  animal  care shall not be used to offset the
     7  social interaction time requirements of this subdivision.
     8    4. Each animal shelter shall provide each animal  in  its  custody  or
     9  possession  opportunity  for  exercise  and exploration in the following
    10  manner:
    11    (a) all cats housed in a cage, kennel, or room that provides less than
    12  eighteen square feet of floor space per cat for fourteen days or  longer
    13  shall  be  permitted at least fifteen minutes per day at least five days
    14  per week outside of their primary enclosure to exercise and explore;
    15    (b) all dogs residing in the shelter for fourteen days or longer shall
    16  be permitted time outside of their primary  enclosure  to  exercise  and
    17  explore for at least twenty minutes per day five days per week; or
    18    (c)  in the event such activities are not possible due to any animal's
    19  health, behavior, order of the commissioner or  legal  restriction,  the
    20  condition  and  reason  shall  be  documented  in  such animal's medical
    21  record.
    22    5. Each animal shelter shall implement additional measures for enrich-
    23  ment and stress reduction for any animal in its  custody  or  possession
    24  showing  persistent  hiding,  hostile  interactions  with other animals,
    25  reduced activity, depression or social withdrawal,  barrier  frustration
    26  or  aggression,  self-injurious  behavior,  repetitive non goal-oriented
    27  movement, or stereotypic behaviors. Such measures shall be documented in
    28  such animal's medical record created pursuant to  section  four  hundred
    29  twenty-three of this article.
    30    6.  Use of aversive methods in animal training or behavioral modifica-
    31  tion is prohibited  except  in  reward-based  method  situations,  where
    32  skilled  application  of  the  least aversive method that is expected to
    33  succeed may be appropriate.
    34    7. Animal shelters may perform a systematic behavioral  evaluation  on
    35  animals  prior  to rehoming or other placement. In the event such evalu-
    36  ations are performed, the following requirements shall apply:
    37    (a) staff performing  such  evaluations  shall  receive,  in  advance,
    38  adequate  training  in  the performance and interpretation of the behav-
    39  ioral evaluation or evaluations; and
    40    (b)  documentation  of  the  results  of  every  behavior   evaluation
    41  performed  shall  be  added  to  the animal's record created pursuant to
    42  section four hundred twenty-three of this article.
    43    8. Each licensed animal shelter shall  fully  disclose  all  available
    44  information  regarding  the  behavior  of  any  animal in its custody or
    45  possession prior to such animal's transfer to an individual  or  another
    46  organization  as  authorized  pursuant to section three hundred seventy-
    47  four of this chapter. Such information shall include, but not be limited
    48  to prior history, observed behaviors in the shelter, and the results  of
    49  any systematic behavioral evaluations performed.
    50    9.  Any animal in the custody or possession of a licensed animal shel-
    51  ter that is observed to be experiencing mental suffering  or  behavioral
    52  deterioration shall be assessed and appropriately treated.
    53    § 431. Transportation. 1. Vehicle requirements. (a) Vehicles and oper-
    54  ators employed by or otherwise serving as an agent of any animal shelter
    55  to  transport animals shall adhere to all applicable federal, state, and
    56  local laws.

        A. 6246--C                         17
 
     1    (b) Any animal transported by an animal shelter or its agent shall not
     2  be placed unconfined or tethered in the  back  of  an  open  pick-up  or
     3  flatbed truck.
     4    (c)  Any  animal  shelter  or  its agent transporting any animal shall
     5  safely and securely confine such animal in an enclosure such as a crate,
     6  carrier, or cage within the vehicle.  Foster care providers  serving  as
     7  an  agent  of  any  animal  shelter  for purposes of this section may be
     8  authorized to provide secure alternatives to enclosures for transport of
     9  large dogs.
    10    (d) Any transport vehicle transporting dogs or  cats  for  any  animal
    11  shelter shall have adequate space, comfortable environmental conditions,
    12  and  good  air  quality. The animal compartment of the transport vehicle
    13  shall provide fresh air, free of vehicle exhaust fumes.
    14    (e) Each transport vehicle, including cargo spaces,  shall  be  heated
    15  and  cooled  as  necessary to provide for normal thermoregulation of the
    16  animals being transported.
    17    (f) Each transport vehicle shall have  a  thermometer  placed  in  the
    18  animal  compartment. The ambient temperature in the cargo space shall be
    19  maintained between sixty and eighty-five degrees fahrenheit, unless  the
    20  health of the animal necessitates an ambient temperature that exceeds or
    21  is less than such parameters. The operator of such vehicle shall monitor
    22  cargo area temperatures at least every four hours to ensure such temper-
    23  atures are maintained.
    24    2.  General  responsibilities  of  animal  shelters of origin prior to
    25  transport. (a) It is the responsibility of the animal shelter of  origin
    26  to reasonably ensure that its destination animal shelters have the abil-
    27  ity  to  meet the requirements of subdivision four of this section prior
    28  to transporting any animal. A written contract or memorandum  of  under-
    29  standing  between  the animal shelter of origin, any intermediate animal
    30  shelter, the destination animal shelter and any transporting  agent  not
    31  directly  employed  by  such shelters, shall be executed for each animal
    32  transfer of one or more animals. Such document shall include the respon-
    33  sibilities of each party and shall be revised or updated as necessary to
    34  ensure that information is current.
    35    (b) A contact person shall be designated for each animal  shelter  and
    36  any intermediate transfer points.
    37    (c)  Each transporting organization identified in any agreement estab-
    38  lished pursuant to subparagraph (i) of paragraph (d) of this subdivision
    39  shall adhere to all  public  health  laws  and  local  laws  for  source
    40  location, intermediate transfer points, and final destination.
    41    (d)  (i)  For dogs or cats imported into the state, the animal shelter
    42  of origin shall ensure that each dog or cat to be transported aged three
    43  months of age or older has been vaccinated against rabies not more  than
    44  twelve  months  prior  to  the  date  of transport when using a one-year
    45  vaccine, or not more than thirty-six months prior to the date of  trans-
    46  port  when  using  a three-year vaccine, as evidenced by a valid certif-
    47  icate of immunization signed  by  a  duly  licensed  veterinarian.  Such
    48  vaccine  shall  be  approved by the United States department of agricul-
    49  ture. The immunization requirement shall not  apply  if  a  veterinarian
    50  certifies  in  writing that because of old age or other reason, the life
    51  of the dog would be endangered  by  the  administration  of  the  rabies
    52  vaccine.
    53    (ii)  At  a minimum, the animal shelter of origin shall administer the
    54  following core vaccinations to each dog or cat to be transported that is
    55  four weeks of age or older:

        A. 6246--C                         18
 
     1    (1) For dogs, a modified live product for Distemper virus, Adenovirus,
     2  and Parvovirus as well as an intranasal or oral avirulent culture Borde-
     3  tella bronchiseptica vaccination prior  to  departing  from  the  animal
     4  shelter of origin.
     5    (2)  For cats, a modified live product for Feline Viral Rhinotracheit-
     6  is, Feline Calici Virus, and Feline Panleukopenia.
     7    (iii) The animal shelter of origin shall treat each animal for  inter-
     8  nal  and  external  parasites  as  appropriate for the age, species, and
     9  medical condition.
    10    (iv) (1) The animal shelter of origin shall examine each dog  and  cat
    11  for  medical  or  behavioral concerns at most twenty-four hours prior to
    12  initiation of transport. All medical and behavioral  observations  shall
    13  be  recorded  and  communicated  to any intermediate animal shelter, the
    14  destination animal shelter  and  any  transporting  agent  not  directly
    15  employed by such shelters.
    16    (2) A health record shall accompany each animal to be transported.
    17    (3) A health certificate is required for each animal to be transported
    18  into  the state in accordance with part sixty-five of the commissioner's
    19  rules and regulations. Such  certificate  shall  accompany  each  animal
    20  during  transport and be completed and signed by a duly licensed veteri-
    21  narian.
    22    (v) Each animal shall be individually identified with a  collar,  tag,
    23  tattoo,  microchip or combination of such identifiers. All animals shall
    24  have, at a minimum, one form of visual identification.
    25    3. General responsibilities during transport. (a) Each  animal  trans-
    26  ported shall be provided with absorbent bedding.
    27    (b) No animal shall be sedated or tranquilized unless recommended by a
    28  duly  licensed veterinarian and veterinary guidance is provided for such
    29  animal's care during transport.
    30    (c) The maximum transport time to an intermediate animal shelter or  a
    31  destination animal shelter for dogs and cats shall include not more than
    32  fourteen  hours  confined to the transport vehicle, including load time.
    33  Transports exceeding fourteen hours must include an overnight stop at an
    34  intermediary location, where the dogs and cats being  transported  shall
    35  be  allowed  the  opportunity  to  exercise and eliminate outside of the
    36  transport vehicle.
    37    (d) The transporting animal shelter or its agent  shall  observe  each
    38  animal  being  transported as often as circumstances allow, but not less
    39  than once every four hours.  During such observations, animals should be
    40  watered and fed consistent with paragraphs (g) and (h) of this  subdivi-
    41  sion, and the transport area cleaned as appropriate.
    42    (e)  Each  dog  shall be provided with the opportunity to exercise and
    43  eliminate at least once every twelve hours while confined to the  trans-
    44  port  vehicle,  including load time.  Each dog being transported that is
    45  less than twelve weeks of age shall be removed from their enclosure  and
    46  allowed to exercise and eliminate at least every two hours.
    47    (f)  No  dog  or cat shall be left unattended in any transport vehicle
    48  for more than one hour, regardless of whether heating,  ventilation  and
    49  air conditioning (HVAC) is provided in such vehicle.
    50    (g)  The  transporting  animal shelter or its agent shall provide each
    51  animal being transported with wholesome and palatable food  except  when
    52  there  are  instructions  from  a duly licensed veterinarian to withhold
    53  food for medical reasons. Such food shall be free from contamination, of
    54  nutritional value sufficient to maintain each animal in good health  and
    55  be  provided  at  least  every  twelve hours for adult animals; at least

        A. 6246--C                         19
 
     1  every eight hours for animals less than six months of age; and at  least
     2  every six hours for animals less than four months of age.
     3    (h)  If water cannot be provided at all times, the transporting animal
     4  shelter or its agent shall provide clean, fresh  water  to  each  animal
     5  being  transported  at  least  every four hours during observation stops
     6  required pursuant to paragraph (b) of subdivision four of this  section.
     7  Such  water  shall  be  supplied in a sanitary manner sufficient for its
     8  needs, except where there are instructions from a duly licensed  veteri-
     9  narian to withhold water for medical reasons.
    10    (i)  Animal enclosure requirements. (i) Animal enclosures in transport
    11  vehicles shall be suitable to allow the animal to stand, sit erect, turn
    12  around while standing, and to lie in a natural position.  If  more  than
    13  one animal occupies any enclosure during transport, such enclosure shall
    14  provide adequate space for each to lie down comfortably at the same time
    15  without lying on top of each other.
    16    (ii)  Unfamiliar  animals  shall not be contained together in the same
    17  enclosure.
    18    (iii) Crates, carriers or cages shall not be stacked in the  transport
    19  vehicle  in a manner that increases animal stress or discomfort, compro-
    20  mises ventilation, allows waste material to pass between  cages,  inter-
    21  feres with care and observation, or hinders emergency removal.
    22    (iv)  All  animal  enclosures  and compartments shall be free of sharp
    23  edges or other hazardous materials.
    24    (v) The floor of any enclosure shall prevent injury,  discomfort,  and
    25  leakage of fluids into other enclosures.
    26    (vi)  The  animal  shelter  or its agent shall ensure that each animal
    27  transported is safely and securely confined  within  each  enclosure  as
    28  prescribed  by  this  section  and  that  enclosure doors are secured to
    29  prevent accidental opening.
    30    (vii) The animal shelter or its agent shall secure each primary enclo-
    31  sure to prevent movement within the transport vehicle.
    32    (viii) Each dog or cat less than eight weeks of age  shall  be  trans-
    33  ported  in  an enclosure with their mother, with adequate space to allow
    34  the mother to lie down on her side  with  legs  extended  to  facilitate
    35  nursing unless such dog or cat is orphaned, a duly licensed veterinarian
    36  directs  otherwise,  the  transport  period does not exceed one hour, or
    37  transport with the mother is deemed to pose a significant  safety  risk.
    38  In  the  event  such  dog or cat is not transported with its mother, the
    39  animal shelter or its agent shall ensure  an  adequate  environment  and
    40  temperature  for  the  offspring. The transporting animal shelter or its
    41  agent  shall  transport  animals  with  known  or  suspected  infectious
    42  diseases  that could be spread during transport in separate compartments
    43  from healthy animals.
    44    (ix) The transporting animal shelter or its agent shall  clean  animal
    45  enclosures  and  replace litter as often as necessary to prevent soiling
    46  any animal being transported. If any animal  must  be  removed  from  an
    47  enclosure to facilitate cleaning, the transporting animal shelter or its
    48  agent  shall  employ  safeguards  to  ensure  animal  safety and prevent
    49  escape.
    50    (j) Transport vehicle operators. (i) Transport vehicle  operators  and
    51  individuals  who  assist in the transport of animals shall have training
    52  in animal health, animal  care,  and  safety  issues  to  recognize  and
    53  respond to animal needs during transport.
    54    (ii) Transport vehicle operators shall avoid unnecessary sudden accel-
    55  eration, deceleration, excessive lateral movement, noise and vibration.

        A. 6246--C                         20
 
     1    (iii)  Transport  vehicle  operators and individuals who assist in the
     2  transport of animals shall observe dogs and  cats  for  any  medical  or
     3  behavioral  concerns during each stop and shall respond appropriately to
     4  any concerns identified.
     5    (iv)  Transport  vehicle  operators  and individuals who assist in the
     6  transport of animals shall clean and disinfect each enclosure after  use
     7  in  transporting  an animal and before transporting different animals in
     8  the same enclosure.
     9    4. General requirements of destination animal shelters. Each  destina-
    10  tion animal shelter shall provide the following:
    11    (a) Adequately trained personnel ready to receive and medically evalu-
    12  ate  each  animal  received  from any transporting animal shelter or its
    13  agent upon arrival;
    14    (b) A physical examination of each animal received from any transport-
    15  ing animal shelter with corresponding documentation performed by trained
    16  personnel pursuant to section four hundred twenty-three of this  article
    17  within four hours of arrival;
    18    (c)  Veterinary  care  in accordance with section four hundred twenty-
    19  nine of this article for each  animal  received  from  any  transporting
    20  animal shelter requiring such care and additional reasonable care.
    21    (d)  Adequate  housing  for  arriving  animals  prepared in advance of
    22  arrival, including:
    23    (i) Housing in a quarantine area if needed,  based  on  assessment  of
    24  health  status, animal source, and risk of infectious, contagious, para-
    25  sitic or communicable disease; and
    26    (ii) Isolation areas for animals with known  or  suspected  contagious
    27  diseases,  as  required under sections four hundred twenty-four and four
    28  hundred twenty-five of this article.
    29    5. No animal shelter or its agents shall transport any dog or cat less
    30  than one year of age whose point of origin is any  breeder  licensed  by
    31  the  United  States department of agriculture pursuant to the provisions
    32  of U.S.P.L. 89-544 as of August twenty-fourth,  nineteen  sixty-six,  or
    33  any subsequent corresponding sections of the federal Animal Welfare Act,
    34  as from time to time amended.
    35    §  432. Foster care provider requirements. 1. No person may operate as
    36  a foster care provider in this state without first having signed a writ-
    37  ten agreement with an animal shelter licensed pursuant to  this  article
    38  stating  that such person may operate as a foster care provider with the
    39  approval and under the  responsibility  of  such  animal  shelter.  Such
    40  agreement  shall  be  renewed  not less than once every two years, and a
    41  copy of such agreement shall be kept by  both  the  animal  shelter  and
    42  foster  care  provider  and made available for inspection by the commis-
    43  sioner upon request. It shall be the responsibility of the animal  shel-
    44  ter  entering into such agreement with any foster care provider pursuant
    45  to this article to ensure that such foster  care  provider  is  able  to
    46  responsibly  harbor  and  provide  necessary  sustenance  for any animal
    47  placed in their care by such animal shelter in a  manner  that  promotes
    48  the  good  health, safety and welfare of such animals. No animal shelter
    49  shall knowingly enter into any agreement pursuant  to  this  subdivision
    50  with  any person who has been previously convicted of a violation of any
    51  provision of article twenty-six of this chapter or  regulations  promul-
    52  gated  thereunder  pertaining to humane treatment of animals, cruelty to
    53  animals, endangering the life or health of an animal,  or  violation  of
    54  any  federal,  state,  or  local  law pertaining to the care, treatment,
    55  sale, possession, or handling of  animals  or  any  regulation  or  rule
    56  relating to the endangerment of the life or health of an animal.

        A. 6246--C                         21

     1    2. Foster care providers may harbor animals owned by a licensed animal
     2  shelter  but  shall  not  own  such animals and shall keep a copy of the
     3  current record of each animal harbored under any  agreement  established
     4  pursuant to subdivision one of this section.  Such record shall be main-
     5  tained  at the physical premises where such foster care providers harbor
     6  such animals. Animal shelters may, if appropriate to protect the identi-
     7  ty of the source of any animal, provide their foster care providers with
     8  a partial animal record that excludes the name and address of the organ-
     9  ization or individual from whom such animal was obtained and the date of
    10  receipt, so long as such animal shelters keep a  copy  of  the  complete
    11  record  at  the  location  where  it  maintains such records pursuant to
    12  section four hundred twenty-three of this article. It is  the  responsi-
    13  bility  of  the  animal shelter with which such foster care provider has
    14  established an agreement pursuant to subdivision one of this section  to
    15  ensure compliance with this subdivision.
    16    3.  Any  animal  harbored  by  a foster care provider pursuant to this
    17  section that is affected by an infectious or contagious disease shall be
    18  handled in a manner that prevents the spread of such disease in  accord-
    19  ance  with  subdivision nine of section four hundred twenty-four of this
    20  article. It shall be the responsibility of the animal shelter with which
    21  such foster care provider  has  established  an  agreement  pursuant  to
    22  subdivision  one of this section to ensure compliance with this subdivi-
    23  sion.
    24    § 433. Violations. 1. Any animal shelter that violates  any  provision
    25  of  this article may be subject to licensure denial, revocation, suspen-
    26  sion, or refusal of license renewal in accordance with the provisions of
    27  subdivision seven of section four hundred twenty-one of this article.
    28    2. Violation of any  provision  of  this  article  shall  be  a  civil
    29  offense,  for  which  a penalty of not less than one hundred dollars and
    30  not more than one thousand dollars for each violation may be imposed  by
    31  the  commissioner; provided, that whenever there shall be a violation of
    32  this article, application may be made by the  attorney  general  in  the
    33  name of the people of the state of New York to a court or justice having
    34  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    35  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    36  restrain  the  continuance of such violations; and if it shall appear to
    37  the satisfaction of the court or justice  that  the  defendant  has,  in
    38  fact,  violated  this article, an injunction may be issued by such court
    39  or justice, enjoining and restraining  any  further  violation,  without
    40  requiring  proof  that  any person has, in fact, been injured or damaged
    41  thereby. In any such proceeding, the court may make  allowances  to  the
    42  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    43  section eighty-three hundred three of the civil practice law and  rules,
    44  and  direct  restitution.  Whenever  the  court  shall  determine that a
    45  violation of this article has occurred, the court  may  impose  a  civil
    46  penalty of not less than one hundred dollars and not more than one thou-
    47  sand  dollars.  In  connection  with  any such proposed application, the
    48  attorney general is authorized to take proof and make a determination of
    49  the relevant facts and to issue subpoenas in accordance with  the  civil
    50  practice law and rules.
    51    3.  Any  animal  shelter  that violates any provisions of this article
    52  shall correct such violations to the satisfaction  of  the  commissioner
    53  within  a  period  not to exceed ten days; provided, however, that where
    54  such violation poses a severe or immediate threat to  public  health  or
    55  animal  safety  or  well-being, such violation shall be corrected to the

        A. 6246--C                         22
 
     1  satisfaction of the commissioner within a period not to exceed  seventy-
     2  two hours.
     3    4. Nothing in this section shall preclude the commissioner from taking
     4  additional actions to address violations related to the immediate threat
     5  to animal safety or well-being, including but not limited to, suspension
     6  of  animal shelter operations until such violations are corrected to the
     7  satisfaction of the commissioner.
     8    5. Upon identification of one of  more  violations,  the  commissioner
     9  shall  provide  the  animal  shelter  with  a written description of all
    10  violations issued and the steps necessary to correct such deficiencies.
    11    § 434. Waiving of requirements authorized. The commissioner is  hereby
    12  authorized  to waive the requirements established pursuant to this arti-
    13  cle during a disaster emergency, provided that an  official  declaration
    14  of  such  disaster emergency has been made by the governor or his or her
    15  delegated state official pursuant to section twenty-eight of the  execu-
    16  tive law.
    17    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    18  section 384 to read as follows:
    19    § 384. Special provisions related to the importation of dogs and  cats
    20  into  the state for sale, resale or adoption. 1. Any dog or cat imported
    21  into this state for the purposes of sale, resale or  adoption  shall  be
    22  held  by  the consignee for a period of not less than forty-eight hours.
    23  Such dog or cat shall be vaccinated in accordance with  section  twenty-
    24  one  hundred  forty-one  of the public health law and part sixty-five of
    25  the commissioner's rules and regulations.
    26    2. If, during the holding period prescribed in subdivision one of this
    27  section, any dog or cat imported into the  state  for  sale,  resale  or
    28  adoption exhibits signs of infectious, contagious, parasitic or communi-
    29  cable  disease,  including but not limited to coughing, sneezing, vomit-
    30  ing, diarrhea or bloody stool, such dog or  cat  must  be  isolated  and
    31  examined by a duly licensed attending veterinarian immediately. Any dogs
    32  or cats that have been deemed exposed to such dog or cat must be quaran-
    33  tined,  if necessary, under the direction of such attending veterinarian
    34  and held until such attending veterinarian declares them to be  free  of
    35  disease.
    36    3.  Any  dog  or  cat  passing  through the state to points beyond, or
    37  brought into the state for temporary residence for purposes  of  exhibi-
    38  tion,  or  which enters the state for delivery to research institutions,
    39  for fifteen days or fewer, shall be exempt from the provisions  of  this
    40  section,  provided  that  such  dog  or  cat  is  at  all times properly
    41  restrained and under the immediate control of the  owner  or  custodian,
    42  and that such dog or cat that is in the state for more than fifteen days
    43  is  accompanied  with  proof  of proper immunization against rabies.  It
    44  shall be an affirmative defense to the offense of failure to have accom-
    45  panied proof of proper immunization against rabies of such dog  or  cat,
    46  upon  the  presentation  of  proof that such dog or cat had in fact been
    47  immunized against rabies at the time of the infraction.
    48    4. Violation of any  provision  of  this  section  shall  be  a  civil
    49  offense,  for  which  a penalty of not less than one hundred dollars and
    50  not more than one thousand dollars for each violation shall be  imposed.
    51  Any  person licensed pursuant to article twenty-six-A or twenty-six-C of
    52  this chapter who violates any provision of this section may  be  subject
    53  to  denial,  revocation, suspension, or refusal of renewal of his or her
    54  license in accordance with the provisions of section four hundred  twen-
    55  ty-one of this chapter.

        A. 6246--C                         23
 
     1    §  4.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
     2  agriculture and markets law, as added by chapter  168  of  the  laws  of
     3  2017, are amended to read as follows:
     4    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
     5  animals which makes such animals available for adoption whether or not a
     6  fee for such adoption is charged, established and maintained pursuant to
     7  subdivision one of section one hundred fourteen  of  this  chapter,  and
     8  that  is  duly licensed as an animal shelter pursuant to article twenty-
     9  six-C of this chapter; and
    10    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    11  animals,  duly  incorporated  humane  society,  duly incorporated animal
    12  protective association or other duly  incorporated  animal  adoption  or
    13  animal  rescue  organization  dedicated  to the care of unwanted animals
    14  which makes such animals available for adoption whether or not a fee for
    15  such adoption is charged that is exempt from taxes pursuant to paragraph
    16  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    17  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    18  federal Internal Revenue Code, as from time to  time  amended,  that  is
    19  [registered  with  the  department]  duly  licensed as an animal shelter
    20  pursuant to [section four hundred eight] article  twenty-six-C  of  this
    21  [article] chapter.
    22    §  5. Subdivision 3 of section 403 of the agriculture and markets law,
    23  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
    24  follows:
    25    3. Each application for a license shall be accompanied by a nonrefund-
    26  able  fee  of  one hundred fifty dollars[, except that those pet dealers
    27  who engage in the sale of less than twenty-five animals in a year, shall
    28  pay a nonrefundable fee of twenty-five dollars].
    29    § 6. Section 408 of the agriculture and markets law is REPEALED.
    30    § 7. Section 380 of the agriculture and markets law, as added by chap-
    31  ter 470 of the laws of 2017, is renumbered section 383.
    32    § 8. Subdivision 3 of section 752 of  the  general  business  law,  as
    33  amended  by  chapter  168  of  the  laws  of 2017, is amended to read as
    34  follows:
    35    3. For purposes of section seven hundred fifty-three of this  article,
    36  a  "pet  dealer"  shall  mean  any person who, in the ordinary course of
    37  business, engages in the sale or offering for sale  of  more  than  nine
    38  animals per year for profit to the public. Such definition shall include
    39  breeders  of  animals  who  sell or offer for sale animals directly to a
    40  consumer but it shall not include any municipal pound or shelter  estab-
    41  lished and maintained pursuant to subdivision one of section one hundred
    42  fourteen  of  the  agriculture  and  markets law and duly licensed as an
    43  animal shelter pursuant to article twenty-six-C of the  agriculture  and
    44  markets  law,  or  any  duly  incorporated society for the prevention of
    45  cruelty to animals, duly incorporated humane society, duly  incorporated
    46  animal protective association or other duly incorporated animal adoption
    47  or  animal  rescue organization that is tax exempt pursuant to paragraph
    48  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    49  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    50  federal Internal Revenue Code, as from time to time  amended,  that  [is
    51  registered  with  the  department]  duly  licensed  as an animal shelter
    52  pursuant to [section four hundred eight]  article  twenty-six-C  of  the
    53  agriculture  and  markets  law.  For  purposes of sections seven hundred
    54  fifty-three-a, seven hundred fifty-three-b, seven hundred  fifty-three-c
    55  and seven hundred fifty-three-d of this article, "pet dealer" shall mean
    56  any  person  who  engages  in the sale or offering for sale of more than

        A. 6246--C                         24
 
     1  nine animals per year for profit to the public.  Such  definition  shall
     2  include  breeders who sell animals; but it shall not include the follow-
     3  ing:
     4    (a)  Any  breeder who sells or offers to sell directly to the consumer
     5  fewer than twenty-five animals per year that are born and raised on  the
     6  breeders residential premises.
     7    (b) Any municipal pound or shelter established and maintained pursuant
     8  to  subdivision  one  of section one hundred fourteen of the agriculture
     9  and markets law and duly licensed as an animal shelter pursuant to arti-
    10  cle twenty-six-C of the agriculture and markets law.
    11    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    12  animals,  duly  incorporated  humane  society,  duly incorporated animal
    13  protective association or other duly  incorporated  animal  adoption  or
    14  animal  rescue  organization that is exempt from taxes pursuant to para-
    15  graph (3) of subsection (c) of  section  501  of  the  federal  Internal
    16  Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
    17  the federal Internal Revenue Code, as from time to time amended, that is
    18  [registered  with  the  department]  duly  licensed as an animal shelter
    19  pursuant to [section four hundred eight]  article  twenty-six-C  of  the
    20  agriculture and markets law.
    21    § 9. The state finance law is amended by adding a new section 99-pp to
    22  read as follows:
    23    §  99-pp.  Animal  shelter  regulation fund. 1. There is hereby estab-
    24  lished in the joint custody of the state comptroller and the commission-
    25  er of taxation and finance, a fund to be known  as  the  animal  shelter
    26  regulation fund.
    27    2. Such fund shall consist of all monies collected pursuant to article
    28  twenty-six-C  of  the  agriculture and markets law, and all other monies
    29  credited or transferred thereto from any other fund or  source  pursuant
    30  to law.
    31    3.  Monies  of  the  fund shall be expended solely for the purposes of
    32  carrying out the provisions of article twenty-six-C of  the  agriculture
    33  and  markets law.  Monies shall be paid out of the fund on the audit and
    34  warrant of the state comptroller on vouchers approved by the commission-
    35  er of agriculture and markets. Any interest received by the  comptroller
    36  on  monies on deposit in the pet dealer licensing fund shall be retained
    37  in and become part of such fund.
    38    § 10. This act shall take effect  three  years  after  it  shall  have
    39  become  a  law.  Effective  immediately,  the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this  act  on its effective date are authorized to be made and completed
    42  by the commissioner of agriculture and markets on or before such  effec-
    43  tive date.
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