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NY Assembly Bill 7983—ACurrent Ag & Markets Law1 Section 1. Subdivision 4 of section 400 of theagriculture and marketslaw, as amended bychapter 687 of the laws of 2006, is amended toreadas follows:4. "Pet Dealer" means any person who

(a)sells, offers for sale or

negotiates the saleor purchase of animals born or raised onanother premises; (b) keeps on his or her premises more than four intact female dogssix months of age or older for the purposeof breeding such dogs or

who (c)

engages inthe sale or offering for sale of more than nineanimals per year for profit to the public. Suchdefinition shall include breeders who sell or offer to sell animals[

; provided that a breeder who sells or offers to sell directly to theconsumer fewer than twenty-five animalsper year that are born and raised on thebreeder's residential premises shall not beconsidered a pet dealer as a result of sellingoroffering to sell such animals. Suchdefinition shall further

]

, but shall

not includeduly incorporated humane societies dedicatedto the care of unwanted animals which makesuch animals available for adoption whether or not a fee for such adoption is charged.§ 400. Definitions. As used in this article:1. "Animal" means a dog or a cat.2. "Consumer" means any individualpurchasing an animal from a pet dealer. A petdealer shall not be considered a consumer.3. "Person" means any individual, corporation,partnership, association, municipality, or other legal entity.4. "Pet Dealer" means any personwho engages in the sale or offering for sale of more than nine animals per year for profit to thepublic. Such definition shall include breederswho sell or offer to sell animals;provided that abreeder who sells or offers to sell directly to theconsumer fewer than twenty-five animals per year that are born and raised on the breeder'sresidential premises shall not be considered apet dealer as a result of selling or offering tosell such animals. Such definition shall further not include duly incorporated humane societiesdedicated to the care of unwanted animalswhich make such animals available for adoption whether or not a fee for such adoptionis charged.§ 2. Subdivision 1 of section 401 of theagriculture and markets law is amended byadding a new paragraph (h) to read as follows:§ 401. Minimum standards of animal care. Petdealers shall comply with the followingminimum standards of care for every animal intheir custody or possession.1. Housing. (a) Animals shall be housed inprimary enclosures or cages, which shall beconstructed so as to be structurally sound.Such enclosures shall be maintained in goodrepair to contain the animal housed inside andprotect it from injury. Surfaces shall have animpervious surface so as not to permit theabsorption of fluids and which can bethoroughly and repeatedly cleaned anddisinfected without retaining odors.(b) Primary enclosures or cages housing theanimals shall provide sufficient space to alloweach animal adequate freedom of movement tomake normal postural adjustments, includingthe ability to stand up, turn around, and liedown with its limbs outstretched. If the flooringis constructed of metal strands, such strands

(h) Pet dealers shall designate and providean isolation area for animals that exhibitsymptoms of disease or illness. Thelocation of designated area must, to thesatisfaction of the commissioner or his or her designee, prevent or reduce the spreadof disease to healthy animals.

must either be greater than one-eighth inch indiameter (nine gauge wire) or shall be coatedwith a material such as plastic or fiberglass,and shall be constructed so as not to allowpassage of the animal's feet through anyopening in the floor of the enclosure. Suchflooring shall not sag or bend substantiallybetween structural supports.(c) Housing facilities shall be adequatelyventilated at all times to provide for the healthand well-being of the animal. Ventilation shallbe provided by natural or mechanical means,such as windows, vents, fans, or air conditioners. Ventilation shall be established tominimize drafts, odors, and moisturecondensation.(d) The temperature surrounding the animalshall be compatible with the health and well-being of the animal. Temperature shall beregulated by heating and cooling to sufficientlyprotect each animal from extremes of temperature and shall not be permitted to fallbelow or rise above ranges which would pose ahealth hazard to the animal. This shall includesupplying shade from sunlight by natural or artificial means.(e) The indoor facilities housing the animalsshall be provided with adequate lightingsufficient to permit routine inspection andcleaning and be arranged so that each animalis protected from excessive illumination whichposes a health hazard to the animal.(f) The indoor and outdoor facilities housing theanimals, including the primary enclosure or cage, shall be designed to allow for the efficientelimination of animal waste and water in order to keep the animal dry and prevent the animalfrom coming into contact with thesesubstances. If drains are used they shall beconstructed in a manner to minimize foul odorsand backup of sewage. If a drainage system isused it shall comply with federal, state, andlocal laws relating to pollution control.(g) In the event that a pet dealer has apregnant or nursing dog on his or her premises,the pet dealer shall provide a whelping box for such dog.2. Sanitation. Housing facilities, including

primary enclosures and cages, shall be kept ina clean condition in order to maintain a healthyenvironment for the animal. This shall includeremoving and destroying any agents injuriousto the health of the animal and periodiccleanings. The primary enclosure or cage shallbe constructed so as to eliminate excess water,excretions, and waste material. Under nocircumstances shall the animal remain insidethe primary enclosure or cage while it is beingcleaned with sterilizing agents or agents toxicto animals or cleaned in a manner likely tothreaten the health and safety of the animal.Trash and waste products on the premisesshall be properly contained and disposed of soas to minimize the risks of disease,contamination, and vermin.3. Feeding and watering. (a) Animals shall beprovided with wholesome and palatable food,free from contamination and of nutritional valuesufficient to maintain each animal in goodhealth.(b) Animals shall be adequately fed at intervalsnot to exceed twelve hours or at least twice inany twenty-four hour period in quantitiesappropriate for the animal species and age,unless determined otherwise by and under thedirection of a duly licensed veterinarian.(c) Food receptacles shall be provided insufficient number, of adequate size, and solocated as to enable each animal in the primaryenclosure or cage to be supplied with anadequate amount of food.(d) Animals shall be provided with regular access to clean, fresh water, supplied in asanitary manner sufficient for its needs, exceptwhen there are instructions from a dulylicensed veterinarian to withhold water for medical reasons.4. Handling. Each animal shall be handled in ahumane manner so as not to cause the animalphysical injury or harm.§ 3. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401 of the agricultureand markets law are relettered paragraphs (b),(c), (d) and (e) and a new paragraph (a) isadded to read as follows:

(a) Any pet dealer duly licensed pursuant tothis article shall designate and employ anattending veterinarian, who shall provideadequate veterinary care to his or her animals under formal arrangements. In thecase of a part-time attending veterinarian or

5. Veterinary care.

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Critique of A7983[1]

Analysis of NY A7983, a proposal to curtail the humane and lawful breeding of dogs and cats in New York

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Upload Date:	06/15/2009
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Tags:	pets dogs puppy New York animal rights cat breeding puppymill animal extremist (more tags) pets dogs puppy New York animal rights cat breeding puppymill animal extremist dog breeding (fewer)