What's happening
This bill gives the commissioner discretion to create microchipping standards for dogs and cats, establishes an advisory committee, and repeals certain related provisions.
Why it matters
Shifts from mandatory to discretionary regulation. The bill changes the commissioner's obligation from “shall” to “may” regarding setting statewide standards for pet microchip technology and related protocols, meaning the state could take a more flexible or hands-off approach, which may affect consistency of microchipping practices.
Creates a formal advisory process. By establishing an advisory committee—including representatives from the animal microchip industry and animal shelters—the bill introduces stakeholder input into decisions about whether and how to regulate microchipping, potentially leading to more balanced and practical policy recommendations.
Repeals microchip registration requirements. With the repeal of Section 111-b (which previously addressed microchip registration), the bill eliminates mandated state-level processes for registering pet microchips, possibly impacting how lost animals are reunited with their owners and how pet information is managed or accessed.
Implements sunset and staged effectivity. The advisory committee’s mandate is set to expire after two years, suggesting a trial period for evaluating the need for further state action; other implementation timelines are clarified, which could affect how quickly any changes are realized in practice.
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Who cares
Headline styles
Set Animal Microchip Standards
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.36
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.660
- Substituted for A8951
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.45
- Referred to rules
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.
Set Animal Microchip Standards
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7317
IN SENATE
January 5, 2018
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the agriculture and markets law, in relation to establishing microchipping standards, registration of microchips and the examination of seized animals; and to amend a chapter of the laws of
2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S.
4570-A and A. 1839-B, in relation to the effectiveness thereof; and to repeal certain provisions of the agriculture and markets law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 111-a of the agriculture and markets law, as added by a chapter of the laws of 2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S. 4570-A and A. 1839-B, is amended to read as follows:
§ 111-a. Microchipping standards. 1. The commissioner [shall] may adopt and promulgate rules and regulations that may provide for: standardization of technology used in microchips implanted in companion animals that are dogs or cats; and/or microchip readers so that such readers used by veterinarians, animal shelters, dog control officers, and animal control officers are capable of reading any chip to identify the animals and/or the owner of record; and/or the need for such veterinarians, animal shelters, dog control officers, and animal control officers to possess or have access to a microchip reader capable of reading any commercially available microchip implanted in a cat or dog. Such rules and regulations [shall] may also provide for the collection, sharing, and dissemination of chip identification information by entities that possess and manage such information solely to promote timely notification of owners when pets are lost[,] while maintaining privacy
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06539-12-8
S. 7317 2
protection of personal information and providing for disclosure to such owners of the sharing of such information.
2. The [rules and regulations required by this section may provide for] commissioner shall appoint an advisory committee which shall include, but shall not be limited to, representatives of the animal microchip [community] industry and animal shelters who shall examine the issues described in subdivision one of this section and advise the commissioner on the [technical requirements necessary in creating universal standards and access to identifying information. The members of any such advisory committee shall serve without compensation] need for such rules and regulations.
§ 2. Section 111-b of the agriculture and markets law, as added by a chapter of the laws of 2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S. 4570-A and A. 1839-B, is REPEALED.
§ 3. Section 3 of a chapter of the laws of 2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S. 4570-A and A. 1839-B, is amended to read as follows:
§ 3. This act shall take effect immediately, provided, however, that subdivision 2 of section 111-a of the agriculture and markets law, as added by section one of this act, shall expire two years after this act shall have become a law when upon such date the provisions of such subdivision shall be deemed repealed; and provided, further, that section two of this act shall take effect on the one hundred twentieth day after it shall have become a law[; provided however section two of this act shall take effect upon the adoption of regulations by the commissioner of agriculture pursuant to section one of this act; provided, further, that the commissioner of agriculture shall notify the legislative bill drafting commission upon the adoption of regulations pursuant to section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law]. 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 date.
§ 4. This act shall take effect immediately, provided, however that sections one and two of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S. 4570-A and A. 1839-B, takes effect.
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 estab- lishing microchipping standards, registration of microchips and the examination of seized animals; and to amend a chapter of the laws of 2017, amending the agriculture and markets law relating to establishing microchipping standards; relating to the registration of microchips; and relating to the examination of seized animals and animals taken possession of, as proposed in legislative bills numbers S. 4570-A and A. 1839-B, in relation to the effectiveness thereof; and to repeal certain provisions of the agriculture and markets law relating thereto
Purpose
This bill would provide for a standardization of technology used in microchips implanted into companion animals; require the examination of rescued companion animals; and require such facilities to notify owners if they are in possession of an animal they believe to be missing.
Summary of provisions
This chapter amendment adds language to section 111-a, which would allow the commissioner to promulgate rules to have veterinarians, animal shel- ters and other similar entities to have a microchip reader capable of reading any commercially available microchip implanted in a cat or dog. This amendment also removes mandatory language that originally required that the rules and regulations be provided for collecting, sharing, and dissemination of chip identification. This chapter amendment requires the appointment of an advisory committee.
Justification
Microchipping is an effective means to reunite lost pets found by animal control officers or brought to animal shelters or other entities with their caregivers. This bill requires the Commissioner of Agriculture and Markets to create and implement rules and regulations to standardize microchip technology. This bill also requires compliance with the rules that govern the registration of microchips and the information gathered. This bill also requires animal organizations to examine the animal with- in twenty-four hours for identifying marks, and if suspected lost or stolen, should make a reasonable effort to contact the owner.
Legislative history
This is a new bill.
Fiscal implications
None Noted.
Effective date
As amended, this act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.