S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3828
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:

   Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
 of  the  agriculture and markets law, paragraphs (e) and (g) as added by
 chapter 259 of the laws of 2000, and paragraph (h) as added  by  chapter
 110 of the laws of 2012, are amended to read as follows:
   (e)  The  indoor facilities housing the animals shall be provided with
 adequate lighting sufficient to permit routine inspection  and  cleaning
 and  be arranged so that each animal is protected from excessive illumi-
 nation which poses a health hazard to the animal.  ANIMAL AREAS MUST  BE
 PROVIDED  WITH REGULAR DIURNAL LIGHT CYCLES OF EITHER NATURAL OR ARTIFI-
 CIAL LIGHT.
   (g) In the event that a pet dealer has a pregnant or  nursing  dog  on
 his  or  her  premises,  the pet dealer shall provide a whelping box for
 such dog.  SEPARATE AND APART FROM THE WHELPING BOX, A PET DEALER  SHALL
 PROVIDE  A  PREGNANT  OR NURSING DOG WITH A SEPARATE SPACE ACCESSIBLE TO
 HER THAT COMPLIES WITH THE STANDARDS SET FORTH IN PARAGRAPH (B) OF  THIS
 SUBDIVISION. EACH NURSING DOG SHALL BE PROVIDED WITH A SUFFICIENT AMOUNT
 OF FLOOR SPACE TO NURSE AND CARE FOR HER LITTER.
   (h)  Pet  dealers  shall  designate  and provide an isolation area for
 animals that exhibit symptoms of  contagious  disease  or  illness.  The
 location  of  such  designated area must be such as to prevent or reduce
 the spread of disease to healthy animals AND  MUST  OTHERWISE  MEET  ALL
 HOUSING REQUIREMENTS OF THIS SECTION.
   §  2. Subdivision 2 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00592-01-9

 S. 3828                             2
 
   2.  Sanitation.  Housing  facilities, including primary enclosures and
 cages, shall be kept in a clean condition in order to maintain a healthy
 environment for the animal. This shall include removing  and  destroying
 any agents injurious to the health of the animal and periodic cleanings.
 PRIMARY  ENCLOSURES  MUST  BE  CLEANED DAILY AND SANITIZED AT LEAST ONCE
 EVERY TWO WEEKS BY WASHING ALL SOILED SURFACES WITH  APPROPRIATE  DETER-
 GENT  SOLUTIONS  AND DISINFECTANT OR BY USING A COMBINATION DETERGENT OR
 DISINFECTANT PRODUCT THAT ACCOMPLISHES THE SAME PURPOSE WITH A  THOROUGH
 CLEANING  OF  THE  SURFACES TO REMOVE EXCRETA, FECES, HAIR, DIRT, DEBRIS
 AND FOOD WASTE TO PERMIT EFFECTIVE SANITIZATION,  FOLLOWED  BY  A  CLEAN
 WATER RINSE. The primary enclosure or cage shall be constructed so as to
 eliminate excess water, excretions, and waste material. Under no circum-
 stances  shall  the  animal  remain inside the primary enclosure or cage
 while it is being cleaned with sterilizing agents  or  agents  toxic  to
 animals  or cleaned in a manner likely to threaten the health and safety
 of the animal. Trash and waste products on the premises shall be proper-
 ly contained and disposed of so as to minimize  the  risks  of  disease,
 contamination, and vermin.
   §  3. Paragraph (c) of subdivision 3 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:
   (c) [Food] SANITARY FOOD receptacles shall be provided  in  sufficient
 number, of adequate size, and so located as to enable each animal in the
 primary  enclosure  or  cage  to  be supplied with an adequate amount of
 food.
   § 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  5  of
 section  401 of the agriculture and markets law, as added by chapter 110
 of the laws of 2012, are amended and a new subparagraph (vi) is added to
 read as follows:
   (iv) Adequate guidance to personnel involved in the care  and  use  of
 animals regarding handling and immobilization; [and]
   (v)  Pre-procedural and post-procedural care in accordance with estab-
 lished veterinary medical and nursing procedures[.]; AND
   (VI) IN THE CASE OF DEALERS WHO SELL OR OFFER TO SELL  TWENTY-FIVE  OR
 MORE  DOGS  OR  CATS PER YEAR TO THE PUBLIC FOR PROFIT THAT ARE BORN AND
 RAISED ON THE DEALER'S RESIDENTIAL PREMISES, ANNUAL VETERINARY  EXAMINA-
 TIONS,  AT A MINIMUM, FOR ALL INTACT ADULT DOGS OR CATS ON SUCH DEALER'S
 PREMISES.
   § 5. Section 401 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  GROOMING. ALL ANIMALS SHALL BE GROOMED REGULARLY TO PREVENT EXCES-
 SIVE MATTING OF FUR, OVERGROWN TOENAILS AND FLEA AND TICK INFESTATION.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a 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  and  completed
 on or before such effective date.