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

                                  3961

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

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  ASSEM-
BLY, 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 depart-
ment, 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-FEED-
ING 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.
                                                           LBD04025-01-5

              

S. 3961                             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 SUBDIVI-
SION, 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 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.