S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    400
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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.
                                                            LBD00823-01-3
 A. 400                              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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.