N.Y. AGM Law § 431 — New York Code / Act AGM / Article 26-C / Section 431
Transportation
Status: in_force

§ 431. Transportation. 1. Vehicle requirements. (a) Vehicles and\noperators employed by or otherwise serving as an agent of any animal\nshelter to transport animals shall adhere to all applicable federal,\nstate, and local laws.\n  (b) Any animal transported by an animal shelter or its agent shall not\nbe placed unconfined or tethered in the back of an open pick-up or\nflatbed truck.\n  (c) Any animal shelter or its agent transporting any animal shall\nsafely and securely confine such animal in an enclosure such as a crate,\ncarrier, or cage within the vehicle. Foster care providers serving as an\nagent of any animal shelter for purposes of this section may be\nauthorized to provide secure alternatives to enclosures for transport of\nlarge dogs.\n  (d) Any transport vehicle transporting dogs or cats for any animal\nshelter shall have adequate space, comfortable environmental conditions,\nand good air quality. The animal compartment of the transport vehicle\nshall provide fresh air, free of vehicle exhaust fumes.\n  (e) Each transport vehicle, including cargo spaces, shall be heated\nand cooled as necessary to provide for normal thermoregulation of the\nanimals being transported.\n  (f) Each transport vehicle shall have a thermometer placed in the\nanimal compartment. The ambient temperature in the cargo space shall be\nmaintained between sixty and eighty-five degrees fahrenheit, unless the\nhealth of the animal necessitates an ambient temperature that exceeds or\nis less than such parameters. The operator of such vehicle shall monitor\ncargo area temperatures at least every four hours to ensure such\ntemperatures are maintained.\n  2. General responsibilities of animal shelters of origin prior to\ntransport. (a) It is the responsibility of the animal shelter of origin\nto reasonably ensure that its destination animal shelters have the\nability to meet the requirements of subdivision four of this section\nprior to transporting any animal. A written contract or memorandum of\nunderstanding between the animal shelter of origin, any intermediate\nanimal shelter, the destination animal shelter and any transporting\nagent not directly employed by such shelters, shall be executed for each\nanimal transfer of one or more animals. Such document shall include the\nresponsibilities of each party and shall be revised or updated as\nnecessary to ensure that information is current.\n  (b) A contact person shall be designated for each animal shelter and\nany intermediate transfer points.\n  (c) Each transporting organization identified in any agreement\nestablished pursuant to subparagraph (i) of paragraph (d) of this\nsubdivision shall adhere to all public health laws and local laws for\nsource location, intermediate transfer points, and final destination.\n  (d) (i) For dogs or cats imported into the state, the animal shelter\nof origin shall ensure that each dog or cat to be transported aged three\nmonths of age or older has been vaccinated against rabies not more than\ntwelve months prior to the date of transport when using a one-year\nvaccine, or not more than thirty-six months prior to the date of\ntransport when using a three-year vaccine, as evidenced by a valid\ncertificate of immunization signed by a duly licensed veterinarian. Such\nvaccine shall be approved by the United States department of\nagriculture. The immunization requirement shall not apply if a\nveterinarian certifies in writing that because of old age or other\nreason, the life of the dog would be endangered by the administration of\nthe rabies vaccine.\n  (ii) At a minimum, the animal shelter of origin shall administer the\nfollowing core vaccinations to each dog or cat to be transported that is\nfour weeks of age or older:\n  (1) For dogs, a modified live product for Distemper virus, Adenovirus,\nand Parvovirus as well as an intranasal or oral avirulent culture\nBordetella bronchiseptica vaccination prior to departing from the animal\nshelter of origin.\n  (2) For cats, a modified live product for Feline Viral\nRhinotracheitis, Feline Calici Virus, and Feline Panleukopenia.\n  (iii) The animal shelter of origin shall treat each animal for\ninternal and external parasites as appropriate for the age, species, and\nmedical condition.\n  (iv) (1) The animal shelter of origin shall examine each dog and cat\nfor medical or behavioral concerns at most twenty-four hours prior to\ninitiation of transport. All medical and behavioral observations shall\nbe recorded and communicated to any intermediate animal shelter, the\ndestination animal shelter and any transporting agent not directly\nemployed by such shelters.\n  (2) A health record shall accompany each animal to be transported.\n  (3) A health certificate is required for each animal to be transported\ninto the state in accordance with part sixty-five of the commissioner's\nrules and regulations. Such certificate shall accompany each animal\nduring transport and be completed and signed by a duly licensed\nveterinarian.\n  (v) Each animal shall be individually identified with a collar, tag,\ntattoo, microchip or combination of such identifiers. All animals shall\nhave, at a minimum, one form of visual identification.\n  3. General responsibilities during transport. (a) Each animal\ntransported shall be provided with absorbent bedding.\n  (b) No animal shall be sedated or tranquilized unless recommended by a\nduly licensed veterinarian and veterinary guidance is provided for such\nanimal's care during transport.\n  (c) The maximum transport time to an intermediate animal shelter or a\ndestination animal shelter for dogs and cats shall include not more than\nfourteen hours confined to the transport vehicle, including load time.\nTransports exceeding fourteen hours must include an overnight stop at an\nintermediary location, where the dogs and cats being transported shall\nbe allowed the opportunity to exercise and eliminate outside of the\ntransport vehicle.\n  (d) The transporting animal shelter or its agent shall observe each\nanimal being transported as often as circumstances allow, but not less\nthan once every four hours. During such observations, animals should be\nwatered and fed consistent with paragraphs (g) and (h) of this\nsubdivision, and the transport area cleaned as appropriate.\n  (e) Each dog shall be provided with the opportunity to exercise and\neliminate at least once every twelve hours while confined to the\ntransport vehicle, including load time. Each dog being transported that\nis less than twelve weeks of age shall be removed from their enclosure\nand allowed to exercise and eliminate at least every two hours.\n  (f) No dog or cat shall be left unattended in any transport vehicle\nfor more than one hour, regardless of whether heating, ventilation and\nair conditioning (HVAC) is provided in such vehicle.\n  (g) The transporting animal shelter or its agent shall provide each\nanimal being transported with wholesome and palatable food except when\nthere are instructions from a duly licensed veterinarian to withhold\nfood for medical reasons. Such food shall be free from contamination, of\nnutritional value sufficient to maintain each animal in good health and\nbe provided at least every twelve hours for adult animals; at least\nevery eight hours for animals less than six months of age; and at least\nevery six hours for animals less than four months of age.\n  (h) If water cannot be provided at all times, the transporting animal\nshelter or its agent shall provide clean, fresh water to each animal\nbeing transported at least every four hours during observation stops\nrequired pursuant to paragraph (b) of subdivision four of this section.\nSuch water shall be supplied in a sanitary manner sufficient for its\nneeds, except where there are instructions from a duly licensed\nveterinarian to withhold water for medical reasons.\n  (i) Animal enclosure requirements. (i) Animal enclosures in transport\nvehicles shall be suitable to allow the animal to stand, sit erect, turn\naround while standing, and to lie in a natural position. If more than\none animal occupies any enclosure during transport, such enclosure shall\nprovide adequate space for each to lie down comfortably at the same time\nwithout lying on top of each other.\n  (ii) Unfamiliar animals shall not be contained together in the same\nenclosure.\n  (iii) Crates, carriers or cages shall not be stacked in the transport\nvehicle in a manner that increases animal stress or discomfort,\ncompromises ventilation, allows waste material to pass between cages,\ninterferes with care and observation, or hinders emergency removal.\n  (iv) All animal enclosures and compartments shall be free of sharp\nedges or other hazardous materials.\n  (v) The floor of any enclosure shall prevent injury, discomfort, and\nleakage of fluids into other enclosures.\n  (vi) The animal shelter or its agent shall ensure that each animal\ntransported is safely and securely confined within each enclosure as\nprescribed by this section and that enclosure doors are secured to\nprevent accidental opening.\n  (vii) The animal shelter or its agent shall secure each primary\nenclosure to prevent movement within the transport vehicle.\n  (viii) Each dog or cat less than eight weeks of age shall be\ntransported in an enclosure with their mother, with adequate space to\nallow the mother to lie down on her side with legs extended to\nfacilitate nursing unless such dog or cat is orphaned, a duly licensed\nveterinarian directs otherwise, the transport period does not exceed one\nhour, or transport with the mother is deemed to pose a significant\nsafety risk. In the event such dog or cat is not transported with its\nmother, the animal shelter or its agent shall ensure an adequate\nenvironment and temperature for the offspring. The transporting animal\nshelter or its agent shall transport animals with known or suspected\ninfectious diseases that could be spread during transport in separate\ncompartments from healthy animals.\n  (ix) The transporting animal shelter or its agent shall clean animal\nenclosures and replace litter as often as necessary to prevent soiling\nany animal being transported. If any animal must be removed from an\nenclosure to facilitate cleaning, the transporting animal shelter or its\nagent shall employ safeguards to ensure animal safety and prevent\nescape.\n  (j) Transport vehicle operators. (i) Transport vehicle operators and\nindividuals who assist in the transport of animals shall have training\nin animal health, animal care, and safety issues to recognize and\nrespond to animal needs during transport.\n  (ii) Transport vehicle operators shall avoid unnecessary sudden\nacceleration, deceleration, excessive lateral movement, noise and\nvibration.\n  (iii) Transport vehicle operators and individuals who assist in the\ntransport of animals shall observe dogs and cats for any medical or\nbehavioral concerns during each stop and shall respond appropriately to\nany concerns identified.\n  (iv) Transport vehicle operators and individuals who assist in the\ntransport of animals shall clean and disinfect each enclosure after use\nin transporting an animal and before transporting different animals in\nthe same enclosure.\n  4. General requirements of destination animal shelters. Each\ndestination animal shelter shall provide the following:\n  (a) Adequately trained personnel ready to receive and medically\nevaluate each animal received from any transporting animal shelter or\nits agent upon arrival;\n  (b) A physical examination of each animal received from any\ntransporting animal shelter with corresponding documentation performed\nby trained personnel pursuant to section four hundred twenty-three of\nthis article within four hours of arrival;\n  (c) Veterinary care in accordance with section four hundred\ntwenty-nine of this article for each animal received from any\ntransporting animal shelter requiring such care and additional\nreasonable care.\n  (d) Adequate housing for arriving animals prepared in advance of\narrival, including:\n  (i) Housing in a quarantine area if needed, based on assessment of\nhealth status, animal source, and risk of infectious, contagious,\nparasitic or communicable disease; and\n  (ii) Isolation areas for animals with known or suspected contagious\ndiseases, as required under sections four hundred twenty-four and four\nhundred twenty-five of this article.\n  5. No animal shelter or its agents shall transport any dog or cat less\nthan one year of age whose point of origin is any breeder licensed by\nthe United States department of agriculture pursuant to the provisions\nof U.S.P.L. 89-544 as of August twenty-fourth, nineteen sixty-six, or\nany subsequent corresponding sections of the federal Animal Welfare Act,\nas from time to time amended.\n