STATE OF NEW YORK ________________________________________________________________________ 3828 2019-2020 Regular Sessions IN SENATE February 15, 2019 ___________ Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare 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. LBD00592-01-9

S. 3828 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 by washing all soiled surfaces with appropriate deter- 7 gent solutions and disinfectant or by using a combination detergent or 8 disinfectant product that accomplishes the same purpose with a thorough 9 cleaning of the surfaces to remove excreta, feces, hair, dirt, debris 10 and food waste to permit effective sanitization, followed by a clean 11 water rinse. The primary enclosure or cage shall be constructed so as to 12 eliminate excess water, excretions, and waste material. Under no circum- 13 stances shall the animal remain inside the primary enclosure or cage 14 while it is being cleaned with sterilizing agents or agents toxic to 15 animals or cleaned in a manner likely to threaten the health and safety 16 of the animal. Trash and waste products on the premises shall be proper- 17 ly contained and disposed of so as to minimize the risks of disease, 18 contamination, and vermin. 19 § 3. Paragraph (c) of subdivision 3 of section 401 of the agriculture 20 and markets law, as added by chapter 259 of the laws of 2000, is amended 21 to read as follows: 22 (c) [~~Food~~] Sanitary food receptacles shall be provided in sufficient 23 number, of adequate size, and so located as to enable each animal in the 24 primary enclosure or cage to be supplied with an adequate amount of 25 food. 26 § 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 5 of 27 section 401 of the agriculture and markets law, as added by chapter 110 28 of the laws of 2012, are amended and a new subparagraph (vi) is added to 29 read as follows: 30 (iv) Adequate guidance to personnel involved in the care and use of 31 animals regarding handling and immobilization; [~~and~~] 32 (v) Pre-procedural and post-procedural care in accordance with estab- 33 lished veterinary medical and nursing procedures[.]; and 34 (vi) In the case of dealers who sell or offer to sell twenty-five or 35 more dogs or cats per year to the public for profit that are born and 36 raised on the dealer's residential premises, annual veterinary examina- 37 tions, at a minimum, for all intact adult dogs or cats on such dealer's 38 premises. 39 § 5. Section 401 of the agriculture and markets law is amended by 40 adding a new subdivision 8 to read as follows: 41 8. Grooming. All animals shall be groomed regularly to prevent exces- 42 sive matting of fur, overgrown toenails and flea and tick infestation. 43 § 6. This act shall take effect on the ninetieth day after it shall 44 have become a law. Effective immediately, the addition, amendment and/or 45 repeal of any rule or regulation necessary for the implementation of 46 this act on its effective date are authorized to be made and completed 47 on or before such effective date.

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