Amends requirements for pet dealers

Summary of specific provisions

Section one amends subdivision 1 of section 401 of the agriculture and markets law by adding a new paragraph (h) which provides that pet dealers shall designate and provide an isolation area for animals that exhibit symptoms of contagious disease or illness in order to prevent or reduce the spread of disease to healthy animals.

Section two re-letters paragraphs (a), (b), (c), and (d) of subdivision 5 of section 401 of the agriculture and markets law as paragraphs (b), (c), (d), and (e) and adds a new paragraph (a). Paragraph (a) provides that a duly licensed pet dealer shall designate an attending veterinarian to care for the dealer's animals. Such care shall include a written program of veterinary care and regularly scheduled visits to the dealer's premises by the veterinarian. The program of care shall include the availability of appropriate facilities, personnel, equipment, and services to comply with the provision of this article; the use of methods determined to be appropriate by the attending veterinarian to prevent, control, and respond to diseases and injuries, and the availability of emergency, weekend, and holiday care; daily observation of all animals to assess their health and well-being, provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in subdivision (iv) of this paragraph, and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and wellbeing is conveyed to the attending veterinarian; adequate guidance to personnel involved in the care and use of animals regarding handling and immobilization; and pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of the agriculture and markets law, as added by chapter 259 of the laws of 2000 and as re-lettered by section two of this act, by changing the phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by adding a new subdivision 7 which provides that pet dealers shall develop, maintain, document, and implement an appropriate plan to

provide animals with the opportunity for daily exercise. Consideration should be given to providing positive physical contact with humans that encourages exercise through play or other similar activities. Such plan shall be approved by the attending veterinarian and the department of agriculture and markets.

Section five amends section 753-a of the general business law, as added by chapter 259 of the laws of 2000, by changing the phrase "found to be afflicted" to the word "diagnosed"; changing the phrase "inoculated" to "vaccinated"; removing the phrase "eighteen months of age or older"; and adding "or contagious disease."

Section six provides the effective date.

Justification

Dogs and cats that are bred and sold by certain pet dealers receive inadequate exercise, protection from the spread of disease and veterinary care. This legislation provides updated standards of care to be followed by duly licensed pet dealers in order to both improve the health and well-being of animals and increase the likelihood that consumers will receive healthy companion animals.

Prior legislative history

2010: A.10509-C Passed Assembly 2010: Same as S.7511-C (Oppenheimer) Committed to Rules

Fiscal implication

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date.