STATE OF NEW YORK ________________________________________________________________________ 613 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture 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. LBD01092-01-7

S. 613 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 using one of the following methods: (a) live steam under 7 pressure; (b) washing with water with a temperature of at least one 8 hundred and eighty degrees Fahrenheit and soap or detergent; (c) washing 9 all soiled surfaces with appropriate detergent solutions and disinfec- 10 tant or by using a combination detergent or disinfectant product that 11 accomplishes the same purpose with a thorough cleaning of the surfaces 12 to remove excreta, feces, hair, dirt, debris and food waste so as to 13 remove all organic and mineral buildup and to provide sanitization, 14 followed by a clean water rinse. The primary enclosure or cage shall be 15 constructed so as to eliminate excess water, excretions, and waste mate- 16 rial. Under no circumstances shall the animal remain inside the primary 17 enclosure or cage while it is being cleaned with live steam, sterilizing 18 agents or agents toxic to animals or cleaned in a manner likely to 19 threaten the health and safety of the animal. Trash and waste products 20 on the premises shall be properly contained and disposed of so as to 21 minimize the risks of disease, 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 28 food. 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 41 premises. 42 § 5. Subdivision 7 of section 401 of the agriculture and markets law, 43 as added by chapter 110 of the laws of 2012, is amended and a new subdi- 44 vision 8 is added to read as follows: 45 7. Exercise requirements. Pet dealers shall develop, maintain, docu- 46 ment, and implement an appropriate plan to provide dogs with the oppor- 47 tunity for daily exercise. In developing such plan, consideration should 48 be given to providing positive physical contact with humans that encour- 49 ages exercise through play or other similar activities. Such plan shall 50 be approved by the attending veterinarian, and [~~must be made available~~ 51 ~~to the department upon request~~] shall be provided to the department by 52 mail or electronic means in accordance with any regulations it may 53 promulgate. 54 8. Grooming. All animals shall be groomed regularly to prevent exces- 55 sive matting of fur, overgrown toenails and flea and tick infestation.

S. 613 3 1 § 6. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized to be made and completed 5 on or before such effective date.

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