Requires pet dealers to provide recommendations on the care of small animals

BILL NUMBER:S4533B

Title of bill

An act to amend the general business law, in relation to requiring pet dealers to provide instructions on the care of small animals

Purpose

OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided with written, detailed instructions on the care of small animals at the time of their purchase from a dealer.

Summary of provisions

Section 1 of the bill amends section 391 of the general business law by adding a new section 391-t. Subdivision 1 (a) defines "small animal" as any small mammal, excluding dogs or cats, including but not limited to hamsters, chinchillas, guinea pigs, etc. (b) defines "pet dealer" as set forth in section 400 of the agriculture and markets law as well as any retailer that sells small animals to the public.

Subdivision 2 provides that every pet dealer shall deliver or provide digital access to general written recommendations for the generally accepted care of a small animal to a purchaser. The instructions shall be obtained from sources including but not limited to a state or national veterinarian medical society, the American veterinarian medical association, the United States Association of Reptile Keepers, or the pet industry joint advisory council, including information on housing, sanitation, feeding and watering, handling and veterinary care. The bill also states that the pet dealer or retailer that distributes such care instructions shall not be liable for any damages caused by any erroneous information in that material unless a reasonable person exercising ordinary care should have known of the error causing the damage. This section shall not apply to small animals expressly sold as feeder animals. The written instructions provided to the public shall be filled with the department of agriculture and markets annually.

Section 2 provides for this act to take effect on the ninetieth day after it shall have become law.

Justification

When purchasing a small animal as a pet many new owners are not aware of the full extent of associated responsibilities that go with taking care of such animals. Small animals have varied nutritional and physical needs, which may be unfamiliar to a new owner. For example, both guinea pigs and rabbits have sensitive gastrointestinal tracts that require special attention be paid to feeding and nutrition, while hamsters are prone to 'wet tail' disease at a young age. To ensure that recently purchased small animals receive the proper nutrition and healthcare required, new pet owners shall be provided detailed instructions obtained from a veterinarian or veterinarian organization.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.