S03828 Summary:

Amd 401, Ag & Mkts L
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 sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming.
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S03828 Actions:

05/01/20191ST REPORT CAL.553
05/06/20192ND REPORT CAL.
06/04/2019SUBSTITUTED BY A216
 A00216 AMEND= Paulin (MS)
 01/09/2019referred to agriculture
 02/27/2019reported referred to codes
 03/07/2019advanced to third reading cal.92
 03/11/2019passed assembly
 03/11/2019delivered to senate
 06/04/2019SUBSTITUTED FOR S3828
 06/04/20193RD READING CAL.553
 06/04/2019PASSED SENATE
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S03828 Committee Votes:

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S03828 Floor Votes:

There are no votes for this bill in this legislative session.
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S03828 Memo:

Memo not available
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S03828 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 15, 2019
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
        AN ACT to amend the agriculture and markets law, in relation to the care
          of animals
          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.
    23    §  2. Subdivision 2 of section 401 of the agriculture and markets law,
    24  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
    25  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3828                             2
     1    2.  Sanitation.  Housing  facilities, including primary enclosures and
     2  cages, shall be kept in a clean condition in order to maintain a healthy
     3  environment for the animal. This shall include removing  and  destroying
     4  any agents injurious to the health of the animal and periodic cleanings.
     5  Primary  enclosures  must  be  cleaned daily and sanitized at least once
     6  every two weeks by washing all soiled surfaces with  appropriate  deter-
     7  gent  solutions  and disinfectant or by using a combination detergent or
     8  disinfectant product that accomplishes the same purpose with a  thorough
     9  cleaning  of  the  surfaces to remove excreta, feces, hair, dirt, debris
    10  and food waste to permit effective sanitization,  followed  by  a  clean
    11  water rinse. The primary enclosure or cage shall be constructed so as to
    12  eliminate excess water, excretions, and waste material. Under no circum-
    13  stances  shall  the  animal  remain inside the primary enclosure or cage
    14  while it is being cleaned with sterilizing agents  or  agents  toxic  to
    15  animals  or cleaned in a manner likely to threaten the health and safety
    16  of the animal. Trash and waste products on the premises shall be proper-
    17  ly contained and disposed of so as to minimize  the  risks  of  disease,
    18  contamination, and vermin.
    19    §  3. Paragraph (c) of subdivision 3 of section 401 of the agriculture
    20  and markets law, as added by chapter 259 of the laws of 2000, is amended
    21  to read as follows:
    22    (c) [Food] Sanitary food receptacles shall be provided  in  sufficient
    23  number, of adequate size, and so located as to enable each animal in the
    24  primary  enclosure  or  cage  to  be supplied with an adequate amount of
    25  food.
    26    § 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  5  of
    27  section  401 of the agriculture and markets law, as added by chapter 110
    28  of the laws of 2012, are amended and a new subparagraph (vi) is added to
    29  read as follows:
    30    (iv) Adequate guidance to personnel involved in the care  and  use  of
    31  animals regarding handling and immobilization; [and]
    32    (v)  Pre-procedural and post-procedural care in accordance with estab-
    33  lished veterinary medical and nursing procedures[.]; and
    34    (vi) In the case of dealers who sell or offer to sell  twenty-five  or
    35  more  dogs  or  cats per year to the public for profit that are born and
    36  raised on the dealer's residential premises, annual veterinary  examina-
    37  tions,  at a minimum, for all intact adult dogs or cats on such dealer's
    38  premises.
    39    § 5. Section 401 of the agriculture and  markets  law  is  amended  by
    40  adding a new subdivision 8 to read as follows:
    41    8.  Grooming. All animals shall be groomed regularly to prevent exces-
    42  sive matting of fur, overgrown toenails and flea and tick infestation.
    43    § 6. This act shall take effect on the ninetieth day  after  it  shall
    44  have become a law. Effective immediately, the addition, amendment and/or
    45  repeal  of  any  rule  or regulation necessary for the implementation of
    46  this act on its effective date are authorized to be made  and  completed
    47  on or before such effective date.
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