Provides for humane destruction or disposition of certain animals; repealer

Summary of specific provisions

Section one repeals subdivisions 2-a, 2-b, 2c, 2-d and 2-e of section 374 of the agriculture and markets law.

Section two amends subdivisions 1 and 2 of section 374 of the agricul- ture and markets law, as added by chapter 545 of the laws of 1971, by replacing "the American Society for the Prevention of Cruelty to Animals or any society duly incorporated for that purpose" with "a duly incorpo- rated society for the prevention of cruelty to animals, or any dog control officer" as those who may lawfully cause to be humanely destroyed certain specified animals if, upon examination, a licensed veterinarian certifies in writing that an animal is so maimed, diseased, disabled or infirmed so as to be unfit for any useful purpose and humane euthanasia is warranted; or two reputable citizens who are called by an agent or officer of a duly incorporated society for the prevention of cruelty to animals or a police officer make the same finding. Addi- tionally, an animal may be lawfully and humanely destroyed if such agent, officer or police officer obtains written consent from such animal's owner. Subdivision two provides that in the absence of such findings or certificate, a duly incorporated society for the prevention of cruelty to animals, or any pound maintained by or under contract or agreement with any county, city, town or village may make available for adoption, or humanely destroy, an animal after five days, unless the animal is redeemed by its owner.

Section three renumbers subdivisions 3, 4, and 5 of section 374 of the agriculture and markets law 6, 7, and 8, respectively. New subdivisions 3, 4, and 5 are added. Paragraph a of new subdivision 3 provides that, unless in cases of emergency where euthanasia of an animal by gunshot is permitted pursuant to subdivision 4 of this section, euthanasia of an animal shall be accomplished solely by means of injection of sodium pentobarbital or sodium pentobarbital solution administered by a certi- fied euthanasia technician, a licensed veterinarian or a licensed veter- inary technician. Whenever euthanasia is to be performed by an intracar- diac injection of sodium pentobarbital or sodium pentobarbital solution, it must be performed only on an animal that is heavily sedated, anesthe- tized, or comatose. Only a licensed veterinarian may perform euthanasia by intracardiac injection of sodium pentobarbital or sodium pentobarbi- tal solution on an animal that is not heavily sedated, anesthetized, or comatose and only when such veterinarian determines that such euthanasia is the most humane option available. When euthanasia is performed by intracardiac injection of sodium pentobarbital or sodium pentobarbital solution on an animal that is not heavily sedated, anesthetized, or comatose, the veterinarian must document the administration of such

injection and the reason for it in writing. Such documentation shall be retained for at least three years. Under no circumstances shall intra- cardiac injection be performed on animals that are not heavily sedated, anesthetized or comatose when an animal is under the care of any duly incorporated society for the prevention of cruelty to animals or pound.

Paragraph b of subdivision 3 provides that no animal shall be left unat- tended between the time the euthanasia procedure begins and death is confirmed. The body of a euthanized animal shall not be disposed of in any manner until death is confirmed by specified persons. A violation of paragraph b shall be punishable by a civil penalty of not more than five hundred dollars. The state department of health shall promulgate regu- lations necessary for implementation of the provisions of this subdivi- sion including those governing the training and certification of certi- fied euthanasia technicians. Paragraph a of new subdivision 4 provides that any other method of euthanasia is prohibited except euthanasia by gunshot is permissible as an emergency measure when an animal is posing an imminent threat of serious physical injury to a person or to another animal and where the use of a humane method of euthanasia that is prescribed above is rendered impossible, or in cases where a severely injured animal is suffering and cannot otherwise be aided. Paragraph b of new subdivision 4 provides that any chamber used to induce hypoxia by means of a lethal gas shall be dismantled, rendered inoperable and beyond repair, and removed from the premises within ninety days of the effective date of this legislation. Violation of paragraph b of new subdivision 4 shall be punishable by a civil penalty of not more than five hundred dollars. New subdivision 5 provides that no dog or cat shall be released from the custody or control of any pound, shelter or other places listed in this subdivision, unless for the purpose of adoption or redemption by its owner, and a violation of such subdivision or subdivision two, three or four of section 374 shall constitute a misdemeanor punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or both.

Section four amends paragraphs b and e of subdivision 8 of section 374 of the agriculture and markets law, as added by chapter 569 of the laws of 1995, by renumbering subdivisions two-a, two-b, two-c and two-d subdivisions two, three, four and five respectively.

Section five amends section 332 of the agriculture and markets law, as amended by chapter 674 of the laws of 1980 by providing that when an animal is euthanized, it shall be in accordance with the provisions of section three hundred seventy-four of this chapter.

Section six amends subdivisions seven and seven-a of section 118 of the agriculture and markets law by providing that subdivisions two-a, two-b, two-c, two-d and two-e shall no longer be applicable because this legis- lation repeals such subdivisions.

Section seven provides the effective date.

Justification

This legislation simply updates the outmoded New York State law governing euthanasia of animals to ensure that, when it is necessary, euthanasia is performed in the most humane manner possible. To this end, the bill requires that, except in clearly outlined and limited circumstances, euthanasia shall be performed by injection of sodium pentobarbital or sodium pentobarbital solution by a licensed veterinarian, euthanasia technician or veterinary technician on an animal that is heavily sedated, anesthetized or comatose.

Importantly, this legislation clearly provides that when euthanasia by intracardiac injection of sodium pentobarbital or sodium pentobarbital solution is to be performed on an animal that is not heavily sedated, anesthetized, or comatose, it is to be performed only by a licensed veterinarian, and he or she must document the event and the reason(s) for it.

Prior legislative history

A.5399-C 2008, passed assembly. A.5399-A, 2008, passed assembly. A,5399-A 2007, passed assembly. A.12055, 2006 referred to agriculture committee.

Fiscal implication

None to the state.

Effective date

This act shall take effect on the three hundred sixty- fifth day after it shall become a law.