What's happening
This bill prohibits pet dealers from selling unweaned birds unless specific conditions and buyer disclosures are met.
Why it matters
Protects consumer and animal welfare by requiring that buyers be informed in writing if a bird is not fully weaned. this transparency helps prevent unintentional neglect by owners who may not be prepared for the intensive care needed by unweaned birds.
Requires pet dealers to either train buyers in proper hand-feeding techniques or ensure buyers already have this knowledge. , reducing the risk that inexperienced owners will mishandle or inadvertently harm vulnerable young birds.
Mandates ongoing oversight by requiring buyers to bring the bird back for weekly inspections and weigh-ins until it is fully weaned. , creating accountability and allowing for early intervention if the bird’s health declines.
Establishes clear legal definitions of “weaned” and “hand-feeding,” and requires documentation of the bird’s weight at sale. , which standardizes expectations and provides a paper trail to resolve disputes or complaints about animal care.
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Who cares
Headline styles
Sponsors
1 Co-sponsor
History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Sale of Unweaned Birds
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3057
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. ADDABBO, AVELLA -- 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 sale of birds by pet dealers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 402 of the agriculture and markets law, as amended by chapter 110 of the laws of 2012, is amended to read as follows:
1. The name and address of the person from whom each animal was acquired. If the person from whom the animal was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal dealer identification number. If the person from whom the animal was obtained is a dealer licensed by the department, the person's name, address, and state dealer identification number. In the case of cats, if a cat is placed in the custody or possession of the pet dealer and the source of origin is unknown, the pet dealer shall state the source of origin as unknown, accompanied by the date, time, and location of receipt. Notwithstanding the provisions of this subdivision, no pet dealer shall knowingly buy, sell, exhibit, transport, or offer for sale, exhibition, or transportation any stolen animal. No pet dealer shall knowingly sell any cat or dog younger than eight weeks of age. No pet dealer shall sell any bird at retail that has not been fully weaned; provided, however, that a pet dealer may sell such bird if:
(a) Disclosure is made by the pet dealer in writing to the buyer that the bird is not weaned;
(b) The pet dealer provides training to the buyer on proper hand-feeding of the bird or has a reasonable belief that the buyer possesses such knowledge; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05342-01-7
S. 3057 2
(c) The buyer agrees in writing to produce the bird for inspection and weighting by the pet dealer no less frequently than once weekly until such time as the bird is fully weaned. For purposes of this subdivision, the term "weaned" shall mean a bird that does not require handfeeding or animal assistance to sustain at least ninety percent of its own weight at the time of sale. For purposes of this subdivision, the term "hand-feeding" or "hand-fed" means the process by which a bird is manually fed by a human through the use of hand, spoon, or oral gavage. At the time of sale, a pet dealer shall document the weight of any handfed bird under one year of age, and note the weight on the sales receipt.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to the sale of birds by pet dealers
Purpose
To ensure the humane health of bird species before sale to the public, and the assurance that the public are purchasing optimal health birds.
Summary of provisions
An amendment is made to Section 402, subdivision 1, of the Agriculture and Markets law specifying the procedure of the sale of birds by pet dealers.
Birds not fully weaned cannot be sold unless a pet dealer discloses the bird is not weaned; has provided training of proper hand-feeding to the buyer; and buyer agrees in writing to produce the bird for inspection at least once weekly until a bird is determined to be fully weaned.
Existing law
There are no existing laws for optimal health of bird species in pet dealer stores.
Justification
The public is usually unaware of a bird species health in pet dealer stores. While no pet dealer shall knowingly sell any cat or dog younger than eight weeks of age, a bird can be sold at a young age since there are no restrictions in place to prohibit a pet dealer from performing this act. Birds need to sustain a certain weight in order to fend and feed for themselves, so it is vital that they are sold at a later time.
This act would prohibit pet dealers at retail to sell any full weaned bird to the public unless the public has been provided on training by the pet dealer to hand-feed a bird, agrees in writing to at least once a week bring the bird in for inspection, and has received disclosure from the pet dealer that the bird is not weaned. These measures would ensure birds are at optimal health and would receive the greatest care at the point of sale between pet dealer and buyer.
Legislative history
2015-2016: S. 3961 - Referred to Senate Agriculture Committee.
Fiscal implications
None.
Effective date
Shall take effect on the sixtieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.