NY State Assembly Bill 2009-A7694

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	reported referred to codes
May 10, 2010	print number 7694c
May 10, 2010	amend (t) and recommit to agriculture
Jan 06, 2010	referred to agriculture
Jun 01, 2009	print number 7694b
Jun 01, 2009	amend and recommit to agriculture
May 12, 2009	print number 7694a
May 12, 2009	amend and recommit to agriculture
Apr 22, 2009	referred to agriculture

Bill Amendments

Original

C (Active)

2009-A7694 - Details

Current Committee:: Assembly Codes
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1767
2013-2014: A738
2015-2016: A601
2017-2018: A3297
2019-2020: A826
2021-2022: A1553
2023-2024: A400

2009-A7694 - Summary

Relates to the sale of birds by pet dealers.

2009-A7694 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7694

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the sale of birds by pet dealers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (b) of subdivision 5 of section 401 of the agri-
culture and markets law, as added by chapter 259 of the laws of 2000, is
amended to read as follows:
  (b) Within five business days of receipt, but prior to sale of any dog
OR BIRD, the pet dealer shall have a duly licensed veterinarian  conduct
an  examination  and tests appropriate to the age and breed to determine
if the animal has any medical conditions apparent at  the  time  of  the
examination  that adversely affect the health of the animal. For animals
eighteen months of age or older, such examination shall include a  diag-
nosis  of  any congenital conditions that adversely affect the health of
the animal. Any animal found to be afflicted with a  contagious  disease
shall be treated and caged separately from healthy animals.
  S  2. Subdivision 1 of section 402 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-01-9

A. 7694                             2

knowingly  sell  any cat or dog younger than eight weeks of age.  NO PET
DEALER SHALL KNOWINGLY SELL ANY BIRD THAT HAS NOT BEEN FULLY WEANED. FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "WEANED" SHALL MEAN A  BIRD  THAT
HAS  LEARNED  TO  FEED  ON  ITS OWN, IS ACCUSTOMED TO EATING ENOUGH FOOD
WITHOUT HUMAN OR ANIMAL  ASSISTANCE,  AND  IS  ABLE  TO  SUSTAIN  NINETY
PERCENT OF ITS WEIGHT FOR TWO WEEKS.
  S  3. The article heading of article 35-D of the general business law,
as added by chapter 431 of the laws of 1988, and as relettered by  chap-
ter 68 of the laws of 1993, is amended to read as follows:
                               ARTICLE 35-D
                        SALE OF DOGS [AND], CATS
                                AND BIRDS
  S  4. Section 751 of the general business law, as added by chapter 431
of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
is amended to read as follows:
  S 751. Legislative intent. It is hereby determined and  declared  that
supervision  by the state of the sale of dogs [or], cats OR BIRDS by pet
dealers is within the public interest and for the purpose of  safeguard-
ing  the  public  and  insuring  the humane treatment of such animals by
guaranteeing the good health of such dogs [or], cats  OR  BIRDS  in  the
course  of  such  transactions,  or  providing other alternatives to the
consumer.
  S 5. Subdivisions 1 and 6 of section 752 of the general business  law,
subdivision 1 as added by chapter 431 of the laws of 1988, subdivision 6
as  added by chapter 259 of the laws of 2000, and such section as renum-
bered by chapter 68 of the laws of 1993, are amended to read as follows:
  1. "Animal" means a dog [or], a cat OR A BIRD.
  6. "Nonelective surgical procedure" means a surgical procedure that is
necessary to preserve or restore the health of an animal, to prevent  an
animal  from  experiencing pain or discomfort, or to correct a condition
that would interfere with an animal's ability to walk, run,  jump,  FLY,
or otherwise function in a normal manner.
  S  6.  Subdivision  1 of section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
  1. Within five business days of receipt, but prior to the sale of  any
dog  OR  BIRD,  the  pet  dealer shall have a duly licensed veterinarian
conduct an examination and tests appropriate to the  breed  and  age  to
determine  if the animal has any medical conditions apparent at the time
of the examination that adversely affect the health of the  animal.  For
animals  eighteen months of age or older, such examination shall include
a diagnosis of any  congenital  conditions  that  adversely  affect  the
health of the animal. Any animal found to be afflicted with a contagious
disease shall be treated and caged separately from healthy animals.
  S  7.  Subdivisions  3  and 4 of section 753-b of the general business
law, as added by chapter 259 of the laws of 2000, are amended to read as
follows:
  3. FOR BIRDS:
  (A) THE BREEDER'S NAME AND ADDRESS, IF KNOWN, OR, IF  NOT  KNOWN,  THE
SOURCE OF THE BIRD;
  (B) THE DATE OF THE BIRD'S HATCHING, IF KNOWN;
  (C) A RECORD OF ANY IMMUNIZATIONS OR OTHER TREATMENTS ADMINISTERED, AT
THE TIME OF SALE, WHILE THE BIRD WAS IN THE POSSESSION OF THE PET DEALER
OR WHILE IN POSSESSION OF THE BREEDER;
  (D)  A  RECORD OF ANY KNOWN DISEASE, SICKNESS, OR CONGENITAL CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE;

A. 7694                             3

  (E) A RECORD OF ANY VETERINARY TREATMENT OF MEDICATION RECEIVED BY THE
BIRD WHILE IN THE POSSESSION OF THE PET DEALER AND EITHER OF THE FOLLOW-
ING:
  (I)  A  STATEMENT, SIGNED BY THE PET DEALER AT THE TIME OF SALE, INDI-
CATING ALL OF THE FOLLOWING: (1)  THE  BIRD  HAS  NO  KNOWN  DISEASE  OR
ILLNESS;  (2)  THE  BIRD HAS NO KNOWN CONGENITAL OR HEREDITARY CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE; OR
  (II) A  RECORD  OF  ANY  KNOWN  CONGENITAL  OR  HEREDITARY  CONDITION,
DISEASE, OR ILLNESS THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE
TIME  OF  SALE, ALONG WITH A STATEMENT SIGNED BY A LICENSED VETERINARIAN
THAT AUTHORIZES THE SALE OF THE BIRD, RECOMMENDS NECESSARY TREATMENT, IF
ANY, AND VERIFIES THAT THE  CONDITION,  DISEASE,  OR  ILLNESS  DOES  NOT
REQUIRE  HOSPITALIZATION  OR NONELECTIVE SURGICAL PROCEDURES, AND IS NOT
LIKELY TO REQUIRE  HOSPITALIZATION  OR  NONELECTIVE  PROCEDURES  IN  THE
FUTURE.  A  VETERINARIAN STATEMENT IS REQUIRED FOR INTESTINAL, CROP, AND
EXTERNAL PARASITES. THE STATEMENT SHALL BE VALID FOR  FOURTEEN  BUSINESS
DAYS FOLLOWING EXAMINATION OF THE BIRD BY THE VETERINARIAN.
  4.  A  disclosure  made  pursuant  to  subdivision  one or two of this
section shall be signed by both the pet dealer certifying  the  accuracy
of  the  statement and the purchaser acknowledging receipt of the state-
ment. At the time of sale, each pet dealer shall provide  the  purchaser
with  information on the value of spaying and neutering of dogs and cats
OR INFORMATION ON THE PROPER  CARE  AND  MAINTENANCE  OF  SPECIFIC  BIRD
SPECIES.
  [4.] 5. Every pet dealer shall post conspicuously within close proxim-
ity  to  the  cages  of  dogs  [and], cats AND BIRDS offered for sale, a
notice containing the following  language  in  one  hundred-point  type:
"Information  on  the source of these dogs [and], cats AND BIRDS and the
veterinary treatments received by these dogs [and], cats  AND  BIRDS  is
available for review by prospective purchasers."
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2009-A7694A - Details

Current Committee:: Assembly Codes
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1767
2013-2014: A738
2015-2016: A601
2017-2018: A3297
2019-2020: A826
2021-2022: A1553
2023-2024: A400

2009-A7694A - Summary

Relates to the sale of birds by pet dealers.

2009-A7694A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7694--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the sale of birds by pet dealers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 5 of section 401 of the  agri-
culture and markets law, as added by chapter 259 of the laws of 2000, is
amended to read as follows:
  (b) Within five business days of receipt, but prior to sale of any dog
OR  BIRD, the pet dealer shall have a duly licensed veterinarian conduct
an examination and tests appropriate to the age and breed  to  determine
if  the  animal  has  any medical conditions apparent at the time of the
examination that adversely affect the health of the animal. For  animals
eighteen  months of age or older, such examination shall include a diag-
nosis of any congenital conditions that adversely affect the  health  of
the  animal.  Any animal found to be afflicted with a contagious disease
shall be treated and caged separately from healthy animals.
  S 2. Subdivision 1 of section 402 of the agriculture and markets  law,
as  added  by  chapter  259  of  the laws of 2000, 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. 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-03-9

A. 7694--A                          2

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 THAT HAS NOT BEEN FULLY WEANED. FOR PURPOSES
OF  THIS  SUBDIVISION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT
REQUIRE HAND-FEEDING OR ANIMAL ASSISTANCE TO  SUSTAIN  AT  LEAST  NINETY
PERCENT  OF  ITS  OWN WEIGHT FOLLOWING THE TIME OF SALE, NOTWITHSTANDING
ANY ILLNESS OR INJURY.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM
"HAND-FEEDING"  OR "HAND-FED" MEANS THE PROCESS BY WHICH A BIRD IS MANU-
ALLY 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 HAND-FED
BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT ON THE SALES RECEIPT.
  S  3. The article heading of article 35-D of the general business law,
as added by chapter 431 of the laws of 1988, and as relettered by  chap-
ter 68 of the laws of 1993, is amended to read as follows:
                               ARTICLE 35-D
                        SALE OF DOGS [AND], CATS
                                AND BIRDS
  S  4. Section 751 of the general business law, as added by chapter 431
of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
is amended to read as follows:
  S 751. Legislative intent. It is hereby determined and  declared  that
supervision  by the state of the sale of dogs [or], cats OR BIRDS by pet
dealers is within the public interest and for the purpose of  safeguard-
ing  the  public  and  insuring  the humane treatment of such animals by
guaranteeing the good health of such dogs [or], cats  OR  BIRDS  in  the
course  of  such  transactions,  or  providing other alternatives to the
consumer.
  S 5. Subdivisions 1 and 6 of section 752 of the general business  law,
subdivision 1 as added by chapter 431 of the laws of 1988, subdivision 6
as  added by chapter 259 of the laws of 2000, and such section as renum-
bered by chapter 68 of the laws of 1993, are amended to read as follows:
  1. "Animal" means a dog [or], a cat OR A BIRD.
  6. "Nonelective surgical procedure" means a surgical procedure that is
necessary to preserve or restore the health of an animal, to prevent  an
animal  from  experiencing pain or discomfort, or to correct a condition
that would interfere with an animal's ability to walk, run,  jump,  FLY,
or otherwise function in a normal manner.
  S  6.  Subdivision  1 of section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
  1. Within five business days of receipt, but prior to the sale of  any
dog  OR  BIRD,  the  pet  dealer shall have a duly licensed veterinarian
conduct an examination and tests appropriate to the  breed  and  age  to
determine  if the animal has any medical conditions apparent at the time
of the examination that adversely affect the health of the  animal.  For
animals  eighteen months of age or older, such examination shall include
a diagnosis of any  congenital  conditions  that  adversely  affect  the
health of the animal. Any animal found to be afflicted with a contagious
disease shall be treated and caged separately from healthy animals.
  S  7.  Subdivisions  3  and 4 of section 753-b of the general business
law, as added by chapter 259 of the laws of 2000, are amended to read as
follows:
  3. FOR BIRDS:
  (A) THE BREEDER'S NAME AND ADDRESS, IF KNOWN, OR, IF  NOT  KNOWN,  THE
SOURCE OF THE BIRD, INCLUDING THE DATE, TIME AND LOCATION OF RECEIPT;
  (B) THE DATE OF THE BIRD'S HATCHING, IF KNOWN;

A. 7694--A                          3

  (C) A RECORD OF ANY IMMUNIZATIONS OR OTHER TREATMENTS ADMINISTERED, AT
THE TIME OF SALE, WHILE THE BIRD WAS IN THE POSSESSION OF THE PET DEALER
OR WHILE IN POSSESSION OF THE BREEDER;
  (D)  A  RECORD OF ANY KNOWN DISEASE, SICKNESS, OR CONGENITAL CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE;
  (E) A RECORD OF ANY VETERINARY TREATMENT OR MEDICATION RECEIVED BY THE
BIRD WHILE IN THE POSSESSION OF THE PET DEALER AND EITHER OF THE FOLLOW-
ING:
  (I) A STATEMENT, SIGNED BY THE PET DEALER AT THE TIME OF  SALE,  INDI-
CATING  ALL  OF  THE  FOLLOWING:  (1)  THE  BIRD HAS NO KNOWN DISEASE OR
ILLNESS; (2) THE BIRD HAS NO KNOWN CONGENITAL  OR  HEREDITARY  CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE; OR
  (II)  A  RECORD  OF  ANY  KNOWN  CONGENITAL  OR  HEREDITARY CONDITION,
DISEASE, OR ILLNESS THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE
TIME OF SALE, ALONG WITH A STATEMENT SIGNED BY A  LICENSED  VETERINARIAN
THAT AUTHORIZES THE SALE OF THE BIRD, RECOMMENDS NECESSARY TREATMENT, IF
ANY,  AND  VERIFIES  THAT  THE  CONDITION,  DISEASE, OR ILLNESS DOES NOT
REQUIRE HOSPITALIZATION OR NONELECTIVE SURGICAL PROCEDURES, AND  IS  NOT
LIKELY  TO  REQUIRE  HOSPITALIZATION  OR  NONELECTIVE  PROCEDURES IN THE
FUTURE. A VETERINARIAN STATEMENT IS REQUIRED FOR INTESTINAL,  CROP,  AND
EXTERNAL  PARASITES.  THE STATEMENT SHALL BE VALID FOR FOURTEEN BUSINESS
DAYS FOLLOWING EXAMINATION OF THE BIRD BY THE VETERINARIAN.
  (F) EACH PET DEALER SHALL MAINTAIN A WRITTEN  RECORD  ON  THE  HEALTH,
STATUS, DISPOSITION, AGE AT TIME OF ACQUISITION AND AT SALE OF EACH BIRD
FOR  A  PERIOD  OF NOT LESS THAN ONE YEAR AFTER DISPOSITION OF THE BIRD.
THESE RECORDS SHALL BE AVAILABLE  TO  HUMANE  OFFICERS,  ANIMAL  CONTROL
OFFICERS,  AND  LAW  ENFORCEMENT  OFFICERS  FOR INSPECTION DURING NORMAL
BUSINESS HOURS.
  4. A disclosure made pursuant  to  subdivision  one  or  two  of  this
section  shall  be signed by both the pet dealer certifying the accuracy
of the statement and the purchaser acknowledging receipt of  the  state-
ment.  At  the time of sale, each pet dealer shall provide the purchaser
with information on the value of spaying and neutering of dogs and  cats
OR  INFORMATION  ON  THE PROPER CARE AND MAINTENANCE OF THE BIRD SPECIES
SOLD TO THE CONSUMER.
  [4.] 5. Every pet dealer shall post conspicuously within close proxim-
ity to the cages of dogs [and], cats  AND  BIRDS  offered  for  sale,  a
notice  containing  the  following  language  in one hundred-point type:
"Information on the source of these dogs [and], cats AND BIRDS  and  the
veterinary  treatments  received  by these dogs [and], cats AND BIRDS is
available for review by prospective purchasers."
  S 8. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2009-A7694B - Details

Current Committee:: Assembly Codes
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1767
2013-2014: A738
2015-2016: A601
2017-2018: A3297
2019-2020: A826
2021-2022: A1553
2023-2024: A400

2009-A7694B - Summary

Relates to the sale of birds by pet dealers.

2009-A7694B - Sponsor Memo

                                BILL NUMBER:A7694B

TITLE  OF BILL:  An act to amend the agriculture and markets law and the
general business law, in relation to the sale of birds by pet dealers

PURPOSE OR GENERAL IDEA OF BILL:   This bill would  ensure  full  humane
treatment  to  the purchase and sale of birds by pet dealers, and access
by the purchaser of birds to its health records.

SUMMARY OF PROVISIONS:  Amends sections 400, 401 and 402 of the agricul-
ture and markets law, in addition to article 35-D and sections 751,  752
and  753  of the general business law, to protect the sale and upkeep of
captive-bred birds in the retail setting without release of vital health
records and veterinary care in the retail setting.

Subdivision 1 of section 400 of the  agriculture  and  markets  law,  as
added  by  chapter  259  of  the  laws  of 2000, is amended to interpret
"animals" as dogs, cats and birds.

Paragraph B of subdivision 5 of  section  401  of  the  agriculture  and
markets  law, as added by chapter 259 of the laws of 2000, is amended to
read that a licensed veterinarian conduct an examination and tests based
on the age and breed of the animal within five business days or  receipt
prior to the sale of any bird.

Subdivision  1  of  section  402  of the agriculture and markets law, as

added by chapter 259 of the laws of 2000, is amended to read birds which
have not fully weaned are prohibited from being sold by said pet dealer.

Article 35-D of the general business law, as added by chapter 431 of the
laws of 1988, and as relettered by chapter 68 of the laws  of  1993,  is
amended to incorporate sale of birds.

Section  751 provides the humane treatment and guaranteed good health of
birds in course of such transactions.

Subdivisions 1 and 6 of section 752 of the general business law,  subdi-
vision  1  as added by chapter 431 of the laws of 1988, subdivision 6 as
added by chapter 259 of the laws of 2000, and such section as renumbered
by chapter 68 of the laws of 1993, amend birds as animals  and  entitles
them to nonselective surgical procedure.

Subdivision  1 of section 753-a of the general business law, as added by
chapter 259 of the laws of 2000, is amended  to  read  that  a  licensed
veterinarian conduct an examination and tests based on the age and breed
of  the animal within five business days or receipt prior to the sale of
any bird.

Subdivisions 3 and 4 of section 753-b of the general  business  law,  as
added by chapter 259 of the laws of 2000, are amended to read the proper
care and maintenance of specific bird species.

JUSTIFICATION:  This legislation would require birds to be examined by a
licensed  veterinarian  prior  to  a  sale. The release of the source of
origin accompanied with date, time and  location  of  receipt  would  be
accompanied  with  the  sale  of birds and be obtained from a pet dealer
licensed  by  the United States Department of Agriculture. Before a bird
is sold by a pet dealer, a bird must be fully weaned (learn to  feed  on
its  own  and  accustomed  to eating enough food without human or animal
assistance) and able to sustain 90% of its weight for two weeks.

This bill would classify birds in the same categories as other pets  and
entitle  them  to  the assurance of humane treatment and safeguarding by
pet dealers, for it is within the public interest in order to ensure the
health and safety of birds and potential owners.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act will take effect on the sixtieth day after  it
has become law.

2009-A7694B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7694--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the sale of birds by pet dealers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 400 of the agriculture and markets
law, as added by chapter 259 of the laws of 2000, is amended to read  as
follows:
  1. "Animal" means a dog [or], a cat OR A BIRD.
  S  2. Paragraph (b) of subdivision 5 of section 401 of the agriculture
and markets law, as added by chapter 259 of the laws of 2000, is amended
to read as follows:
  (b) Within five business days of receipt, but prior to sale of any dog
OR BIRD, the pet dealer shall have a duly licensed veterinarian  conduct
an  examination  and tests appropriate to the age and breed to determine
if the animal has any medical conditions apparent at  the  time  of  the
examination  that adversely affect the health of the animal. For animals
eighteen months of age or older, such examination shall include a  diag-
nosis  of  any congenital conditions that adversely affect the health of
the animal. Any animal found to be afflicted with a  contagious  disease
shall be treated and caged separately from healthy animals.
  S  3. Subdivision 1 of section 402 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-05-9

A. 7694--B                          2

name, address, and federal 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 THAT HAS NOT BEEN FULLY WEANED. FOR  PURPOSES
OF  THIS  SUBDIVISION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT
REQUIRE HAND-FEEDING OR ANIMAL ASSISTANCE TO  SUSTAIN  AT  LEAST  NINETY
PERCENT  OF  ITS  OWN WEIGHT FOLLOWING THE TIME OF SALE, NOTWITHSTANDING
ANY ILLNESS OR INJURY.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM
"HAND-FEEDING"  OR "HAND-FED" MEANS THE PROCESS BY WHICH A BIRD IS MANU-
ALLY 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 HAND-FED
BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT ON THE SALES RECEIPT.
  S  4. The article heading of article 35-D of the general business law,
as added by chapter 431 of the laws of 1988, and as renumbered by  chap-
ter 68 of the laws of 1993, is amended to read as follows:
                               ARTICLE 35-D
                        SALE OF DOGS [AND], CATS
                                AND BIRDS
  S  5. Section 751 of the general business law, as added by chapter 431
of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
is amended to read as follows:
  S 751. Legislative intent. It is hereby determined and  declared  that
supervision  by the state of the sale of dogs [or], cats OR BIRDS by pet
dealers is within the public interest and for the purpose of  safeguard-
ing  the  public  and  insuring  the humane treatment of such animals by
guaranteeing the good health of such dogs [or], cats  OR  BIRDS  in  the
course  of  such  transactions,  or  providing other alternatives to the
consumer.
  S 6. Subdivisions 1 and 6 of section 752 of the general business  law,
subdivision 1 as added by chapter 431 of the laws of 1988, subdivision 6
as  added by chapter 259 of the laws of 2000, and such section as renum-
bered by chapter 68 of the laws of 1993, are amended to read as follows:
  1. "Animal" means a dog [or], a cat OR A BIRD.
  6. "Nonelective surgical procedure" means a surgical procedure that is
necessary to preserve or restore the health of an animal, to prevent  an
animal  from  experiencing pain or discomfort, or to correct a condition
that would interfere with an animal's ability to walk, run,  jump,  FLY,
or otherwise function in a normal manner.
  S  7.  Subdivision  1 of section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
  1. Within five business days of receipt, but prior to the sale of  any
dog  OR  BIRD,  the  pet  dealer shall have a duly licensed veterinarian
conduct an examination and tests appropriate to the  breed  and  age  to
determine  if the animal has any medical conditions apparent at the time
of the examination that adversely affect the health of the  animal.  For
animals  eighteen months of age or older, such examination shall include
a diagnosis of any  congenital  conditions  that  adversely  affect  the
health of the animal. Any animal found to be afflicted with a contagious
disease shall be treated and caged separately from healthy animals.

A. 7694--B                          3

  S  8.  Subdivisions  3  and 4 of section 753-b of the general business
law, as added by chapter 259 of the laws of 2000, are amended to read as
follows:
  3. FOR BIRDS:
  (A)  THE  BREEDER'S  NAME AND ADDRESS, IF KNOWN, OR, IF NOT KNOWN, THE
SOURCE OF THE BIRD, INCLUDING THE DATE, TIME AND LOCATION OF RECEIPT;
  (B) THE DATE OF THE BIRD'S HATCHING, IF KNOWN;
  (C) A RECORD OF ANY IMMUNIZATIONS OR OTHER TREATMENTS ADMINISTERED, AT
THE TIME OF SALE, WHILE THE BIRD WAS IN THE POSSESSION OF THE PET DEALER
OR WHILE IN POSSESSION OF THE BREEDER;
  (D) A RECORD OF ANY KNOWN DISEASE, SICKNESS, OR  CONGENITAL  CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE;
  (E) A RECORD OF ANY VETERINARY TREATMENT OR MEDICATION RECEIVED BY THE
BIRD WHILE IN THE POSSESSION OF THE PET DEALER AND EITHER OF THE FOLLOW-
ING:
  (I)  A  STATEMENT, SIGNED BY THE PET DEALER AT THE TIME OF SALE, INDI-
CATING ALL OF THE FOLLOWING: (1)  THE  BIRD  HAS  NO  KNOWN  DISEASE  OR
ILLNESS;  (2)  THE  BIRD HAS NO KNOWN CONGENITAL OR HEREDITARY CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE; OR
  (II) A  RECORD  OF  ANY  KNOWN  CONGENITAL  OR  HEREDITARY  CONDITION,
DISEASE, OR ILLNESS THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE
TIME  OF  SALE, ALONG WITH A STATEMENT SIGNED BY A LICENSED VETERINARIAN
THAT AUTHORIZES THE SALE OF THE BIRD, RECOMMENDS NECESSARY TREATMENT, IF
ANY, AND VERIFIES THAT THE  CONDITION,  DISEASE,  OR  ILLNESS  DOES  NOT
REQUIRE  HOSPITALIZATION  OR NONELECTIVE SURGICAL PROCEDURES, AND IS NOT
LIKELY TO REQUIRE  HOSPITALIZATION  OR  NONELECTIVE  PROCEDURES  IN  THE
FUTURE.  A  VETERINARIAN STATEMENT IS REQUIRED FOR INTESTINAL, CROP, AND
EXTERNAL PARASITES. THE STATEMENT SHALL BE VALID FOR  FOURTEEN  BUSINESS
DAYS FOLLOWING EXAMINATION OF THE BIRD BY THE VETERINARIAN.
  (F)  EACH  PET  DEALER  SHALL MAINTAIN A WRITTEN RECORD ON THE HEALTH,
STATUS, DISPOSITION, AGE AT TIME OF ACQUISITION AND AT SALE OF EACH BIRD
FOR A PERIOD OF NOT LESS THAN ONE YEAR AFTER DISPOSITION  OF  THE  BIRD.
THESE  RECORDS  SHALL  BE  AVAILABLE  TO HUMANE OFFICERS, ANIMAL CONTROL
OFFICERS, AND LAW ENFORCEMENT  OFFICERS  FOR  INSPECTION  DURING  NORMAL
BUSINESS HOURS.
  4.  A  disclosure  made  pursuant  to  subdivision  one or two of this
section shall be signed by both the pet dealer certifying  the  accuracy
of  the  statement and the purchaser acknowledging receipt of the state-
ment. At the time of sale, each pet dealer shall provide  the  purchaser
with  information on the value of spaying and neutering of dogs and cats
OR INFORMATION ON THE PROPER CARE AND MAINTENANCE OF  THE  BIRD  SPECIES
SOLD TO THE CONSUMER.
  [4.] 5. Every pet dealer shall post conspicuously within close proxim-
ity  to  the  cages  of  dogs  [and], cats AND BIRDS offered for sale, a
notice containing the following  language  in  one  hundred-point  type:
"Information  on  the source of these dogs [and], cats AND BIRDS and the
veterinary treatments received by these dogs [and], cats  AND  BIRDS  is
available for review by prospective purchasers."
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2009-A7694C (ACTIVE) - Details

Current Committee:: Assembly Codes
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1767
2013-2014: A738
2015-2016: A601
2017-2018: A3297
2019-2020: A826
2021-2022: A1553
2023-2024: A400

2009-A7694C (ACTIVE) - Summary

Relates to the sale of birds by pet dealers.

2009-A7694C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7694--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subdivision 1 of  section  402  of  the  agriculture  and
markets  law, as added by chapter 259 of the laws of 2000, 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. 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 THAT HAS NOT BEEN FULLY WEANED. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "WEANED" SHALL MEAN A BIRD THAT  DOES  NOT
REQUIRE  HAND-FEEDING  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-11-0

A. 7694--C                          2

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 HAND-FED BIRD UNDER ONE YEAR OF AGE, AND NOTE  THE  WEIGHT
ON THE SALES RECEIPT.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A7694

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A7694 - Details

2009-A7694 - Summary

2009-A7694 - Bill Text download pdf

2009-A7694A - Details

2009-A7694A - Summary

2009-A7694A - Bill Text download pdf

2009-A7694B - Details

2009-A7694B - Summary

2009-A7694B - Sponsor Memo

2009-A7694B - Bill Text download pdf

2009-A7694C (ACTIVE) - Details

2009-A7694C (ACTIVE) - Summary

2009-A7694C (ACTIVE) - Bill Text download pdf

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Assembly Bill A7694

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A7694 - Details

2009-A7694 - Summary

2009-A7694 - Bill Text download pdf

2009-A7694A - Details

2009-A7694A - Summary

2009-A7694A - Bill Text download pdf

2009-A7694B - Details

2009-A7694B - Summary

2009-A7694B - Sponsor Memo

2009-A7694B - Bill Text download pdf

2009-A7694C (ACTIVE) - Details

2009-A7694C (ACTIVE) - Summary

2009-A7694C (ACTIVE) - Bill Text download pdf

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