Relates to the care of animals; requires regular diurnal light cycles of either natural or artificial light; requires separate space for pregnant or nursing dogs; requires a certain level of sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A216
SPONSOR: Paulin (MS)
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the care
To provide additional provisions to the agriculture and markets law
relating to grooming, sanitation, and veterinary exam requirements, as
well as additional standards of care for nursing and pregnant dogs.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 401 of the agriculture and
markets law by adding a requirement to paragraph (e), which relates to
indoor facilities and states that animal areas must be provided with
regular diurnal light cycles of either natural or artificial light.
Paragraph (g) of subdivision 1 is amended by adding a requirement that
separate and apart from the whelping box, a pet dealer shall provide a
pregnant or nursing dog with a separate space accessible to her that
complies with standards set forth in the agriculture and markets law. In
addition, each nursing dog shall be provided with a sufficient amount of
floor space to nurse and care for her litter. Paragraph (h) of subdivi-
sion 1 is amended to provide that isolation areas must meet all housing
requirements of this section.
Section 2 amends subdivision 2 of section 401 of the agriculture and
markets law by adding the requirement that primary enclosures must be
cleaned daily and sanitized at least once every two weeks according to
the provided standards.
Section 3 provides that food receptacles must be sanitary.
Section 4 amends subdivision 5 of section 401 of the agriculture and
markets law by adding a subparagraph (vi), which requires annual veteri-
nary examinations for all adult dogs or cats on a pet dealer's premises.
This provision applies to dealers who sell or offer to sell twenty-five
or more dogs or cats per year to the public for profit that are born and
raised on the dealer's residential premises.
Section 5 adds a new subdivision to section 401 of the agriculture and
markets law. This subdivision provides that all animals shall be groomed
regularly to prevent excessive matting of fur, overgrown toenails and
flea and tick infestation.
Section 6 provides the effective date.
This bill will afford increased protections for animals in the care of
pet dealers. The bill will require that areas in which animals are kept
will have regular diurnal light cycles. The bill will require pet deal-
ers to regularly groom the animals in their care. There have been
reports throughout the state of pet dealers neglecting to properly groom
animals, and animals have been found with excessively overgrown nails,
excessive matting of fur, and flea and tick infestation. The bill also
gives increased protections to nursing and pregnant dogs, by requiring
that pet dealers provide such dogs with a separate amount of floor
space, apart from her whelping box, which ensures that she can safely
and adequately nurse and care for her litter.
Pet dealers must be held to standards that will promote the safety, good
health, and overall well-being of the animals in their care. This
legislation will afford much needed protections to improve the quality
of life of these animals and will prevent negligent treatment by pet
A.72-A of 2017 and 2018, passed in the assembly.
Same as S.6784 of 2017 and 2018, referred and committed to rules.
A.9445-A of 2016 passed in the assembly.
Same as S.7800 of 2016, referred to agriculture.
Effective on the ninetieth day after it shall have become a law.
STATE OF NEW YORK
2019-2020 Regular Sessions
January 9, 2019
Introduced by M. of A. PAULIN, GALEF, GOTTFRIED, PICHARDO, ZEBROWSKI,
McDONOUGH, RAIA, WEPRIN -- Multi-Sponsored by -- M. of A. COOK, DAVI-
LA, RA -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
2 of the agriculture and markets law, paragraphs (e) and (g) as added by
3 chapter 259 of the laws of 2000, and paragraph (h) as added by chapter
4 110 of the laws of 2012, are amended to read as follows:
5 (e) The indoor facilities housing the animals shall be provided with
6 adequate lighting sufficient to permit routine inspection and cleaning
7 and be arranged so that each animal is protected from excessive illumi-
8 nation which poses a health hazard to the animal. Animal areas must be
9 provided with regular diurnal light cycles of either natural or artifi-
10 cial light.
11 (g) In the event that a pet dealer has a pregnant or nursing dog on
12 his or her premises, the pet dealer shall provide a whelping box for
13 such dog. Separate and apart from the whelping box, a pet dealer shall
14 provide a pregnant or nursing dog with a separate space accessible to
15 her that complies with the standards set forth in paragraph (b) of this
16 subdivision. Each nursing dog shall be provided with a sufficient amount
17 of floor space to nurse and care for her litter.
18 (h) Pet dealers shall designate and provide an isolation area for
19 animals that exhibit symptoms of contagious disease or illness. The
20 location of such designated area must be such as to prevent or reduce
21 the spread of disease to healthy animals and must otherwise meet all
22 housing requirements of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 216 2
1 § 2. Subdivision 2 of section 401 of the agriculture and markets law,
2 as added by chapter 259 of the laws of 2000, is amended to read as
4 2. Sanitation. Housing facilities, including primary enclosures and
5 cages, shall be kept in a clean condition in order to maintain a healthy
6 environment for the animal. This shall include removing and destroying
7 any agents injurious to the health of the animal and periodic cleanings.
8 Primary enclosures must be cleaned daily and sanitized at least once
9 every two weeks by washing all soiled surfaces with appropriate deter-
10 gent solutions and disinfectant or by using a combination detergent or
11 disinfectant product that accomplishes the same purpose with a thorough
12 cleaning of the surfaces to remove excreta, feces, hair, dirt, debris
13 and food waste to permit effective sanitization, followed by a clean
14 water rinse. The primary enclosure or cage shall be constructed so as to
15 eliminate excess water, excretions, and waste material. Under no circum-
16 stances shall the animal remain inside the primary enclosure or cage
17 while it is being cleaned with sterilizing agents or agents toxic to
18 animals or cleaned in a manner likely to threaten the health and safety
19 of the animal. Trash and waste products on the premises shall be proper-
20 ly contained and disposed of so as to minimize the risks of disease,
21 contamination, and vermin.
22 § 3. Paragraph (c) of subdivision 3 of section 401 of the agriculture
23 and markets law, as added by chapter 259 of the laws of 2000, is amended
24 to read as follows:
25 (c) [Food] Sanitary food receptacles shall be provided in sufficient
26 number, of adequate size, and so located as to enable each animal in the
27 primary enclosure or cage to be supplied with an adequate amount of
29 § 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 5 of
30 section 401 of the agriculture and markets law, as added by chapter 110
31 of the laws of 2012, are amended and a new subparagraph (vi) is added to
32 read as follows:
33 (iv) Adequate guidance to personnel involved in the care and use of
34 animals regarding handling and immobilization; [and]
35 (v) Pre-procedural and post-procedural care in accordance with estab-
36 lished veterinary medical and nursing procedures[.]; and
37 (vi) In the case of dealers who sell or offer to sell twenty-five or
38 more dogs or cats per year to the public for profit that are born and
39 raised on the dealer's residential premises, annual veterinary examina-
40 tions, at a minimum, for all intact adult dogs or cats on such dealer's
42 § 5. Section 401 of the agriculture and markets law is amended by
43 adding a new subdivision 8 to read as follows:
44 8. Grooming. All animals shall be groomed regularly to prevent exces-
45 sive matting of fur, overgrown toenails and flea and tick infestation.
46 § 6. This act shall take effect on the ninetieth day after it shall
47 have become a law. Effective immediately, the addition, amendment and/or
48 repeal of any rule or regulation necessary for the implementation of
49 this act on its effective date are authorized to be made and completed
50 on or before such effective date.