N.Y. AGM Law § 401 — New York Code / Act AGM / Article 26-A / Section 401
Minimum standards of animal care
Status: in_force

§ 401. Minimum standards of animal care. Pet dealers shall comply with\nthe following minimum standards of care for every animal in their\ncustody or possession.\n  1. Housing. (a) Animals shall be housed in primary enclosures or\ncages, which shall be constructed so as to be structurally sound. Such\nenclosures shall be maintained in good repair to contain the animal\nhoused inside and protect it from injury. Surfaces shall have an\nimpervious surface so as not to permit the absorption of fluids and\nwhich can be thoroughly and repeatedly cleaned and disinfected without\nretaining odors.\n  (b) Primary enclosures or cages housing the animals shall provide\nsufficient space to allow each animal adequate freedom of movement to\nmake normal postural adjustments, including the ability to stand up,\nturn around, and lie down with its limbs outstretched. If the flooring\nis constructed of metal strands, such strands must either be greater\nthan one-eighth inch in diameter (nine gauge wire) or shall be coated\nwith a material such as plastic or fiberglass, and shall be constructed\nso as not to allow passage of the animal's feet through any opening in\nthe floor of the enclosure. Such flooring shall not sag or bend\nsubstantially between structural supports.\n  (c) Housing facilities shall be adequately ventilated at all times to\nprovide for the health and well-being of the animal. Ventilation shall\nbe provided by natural or mechanical means, such as windows, vents,\nfans, or air conditioners. Ventilation shall be established to minimize\ndrafts, odors, and moisture condensation.\n  (d) The temperature surrounding the animal shall be compatible with\nthe health and well-being of the animal. Temperature shall be regulated\nby heating and cooling to sufficiently protect each animal from extremes\nof temperature and shall not be permitted to fall below or rise above\nranges which would pose a health hazard to the animal. This shall\ninclude supplying shade from sunlight by natural or artificial means.\n  (e) The indoor facilities housing the animals shall be provided with\nadequate lighting sufficient to permit routine inspection and cleaning\nand be arranged so that each animal is protected from excessive\nillumination which poses a health hazard to the animal. Animal areas\nmust be provided with regular diurnal light cycles of either natural or\nartificial light.\n  (f) The indoor and outdoor facilities housing the animals, including\nthe primary enclosure or cage, shall be designed to allow for the\nefficient elimination of animal waste and water in order to keep the\nanimal dry and prevent the animal from coming into contact with these\nsubstances.  If drains are used they shall be constructed in a manner to\nminimize foul odors and backup of sewage. If a drainage system is used\nit shall comply with federal, state, and local laws relating to\npollution control.\n  (g) In the event that a pet dealer has a pregnant or nursing dog on\nhis or her premises, the pet dealer shall provide a whelping box for\nsuch dog. Separate and apart from the whelping box, a pet dealer shall\nprovide a pregnant or nursing dog with a separate space accessible to\nher that complies with the standards set forth in paragraph (b) of this\nsubdivision. Each nursing dog shall be provided with a sufficient amount\nof floor space to nurse and care for her litter.\n  (h) Pet dealers shall designate and provide an isolation area for\nanimals that exhibit symptoms of contagious disease or illness. The\nlocation of such designated area must be such as to prevent or reduce\nthe spread of disease to healthy animals and must otherwise meet all\nhousing requirements of this section.\n  2. Sanitation. Housing facilities, including primary enclosures and\ncages, shall be kept in a clean condition in order to maintain a healthy\nenvironment for the animal. This shall include removing and destroying\nany agents injurious to the health of the animal and periodic cleanings.\nPrimary enclosures must be cleaned daily and sanitized at least once\nevery two weeks by washing all soiled surfaces with appropriate\ndetergent solutions and disinfectant or by using a combination detergent\nor disinfectant product that accomplishes the same purpose with a\nthorough cleaning of the surfaces to remove excreta, feces, hair, dirt,\ndebris and food waste to permit effective sanitization, followed by a\nclean water rinse. The primary enclosure or cage shall be constructed so\nas to eliminate excess water, excretions, and waste material. Under no\ncircumstances shall the animal remain inside the primary enclosure or\ncage while it is being cleaned with sterilizing agents or agents toxic\nto animals or cleaned in a manner likely to threaten the health and\nsafety of the animal. Trash and waste products on the premises shall be\nproperly contained and disposed of so as to minimize the risks of\ndisease, contamination, and vermin.\n  3. Feeding and watering. (a) Animals shall be provided with wholesome\nand palatable food, free from contamination and of nutritional value\nsufficient to maintain each animal in good health.\n  (b) Animals shall be adequately fed at intervals not to exceed twelve\nhours or at least twice in any twenty-four hour period in quantities\nappropriate for the animal species and age, unless determined otherwise\nby and under the direction of a duly licensed veterinarian.\n  (c) Sanitary food receptacles shall be provided in sufficient number,\nof adequate size, and so located as to enable each animal in the primary\nenclosure or cage to be supplied with an adequate amount of food.\n  (d) Animals shall be provided with regular access to clean, fresh\nwater, supplied in a sanitary manner sufficient for its needs, except\nwhen there are instructions from a duly licensed veterinarian to\nwithhold water for medical reasons.\n  4. Handling. Each animal shall be handled in a humane manner so as not\nto cause the animal physical injury or harm.\n  5. Veterinary care.  (a) Any pet dealer duly licensed pursuant to this\narticle shall designate an attending veterinarian, who shall provide\nveterinary care to the dealer's animals which shall include a written\nprogram of veterinary care and regular visits to the pet dealer's\npremises. Such program of veterinary care shall include:\n  (i) The availability of appropriate facilities, personnel, equipment,\nand services to comply with the provisions of this article;\n  (ii) The use of methods determined to be appropriate by the attending\nveterinarian to prevent, control, and respond to diseases and injuries,\nand the availability of emergency, weekend, and holiday care;\n  (iii) Daily observation of all animals to assess their health and\nwell-being; provided, however, that daily observation of animals may be\naccomplished by someone other than the attending veterinarian who has\nreceived the guidance identified in subparagraph (iv) of this paragraph;\nand provided, further, that a mechanism of direct and frequent\ncommunication is required so that timely and accurate information on\nproblems of animal health, behavior, and well-being is conveyed to the\nattending veterinarian;\n  (iv) Adequate guidance to personnel involved in the care and use of\nanimals regarding handling and immobilization;\n  (v) Pre-procedural and post-procedural care in accordance with\nestablished veterinary medical and nursing procedures; and\n  (vi) In the case of dealers who sell or offer to sell twenty-five or\nmore dogs or cats per year to the public for profit that are born and\nraised on the dealer's residential premises, annual veterinary\nexaminations, at a minimum, for all intact adult dogs or cats on such\ndealer's premises.\n  (b) All animals shall be inoculated as required by state or local law.\nVeterinary care appropriate to the species shall be provided without\nundue delay when necessary. Each animal shall be observed each day by\nthe pet dealer or by a person working under the pet dealer's\nsupervision.\n  (c) Within five business days of receipt, but prior to sale of any dog\nor cat, the pet dealer shall have a duly licensed veterinarian conduct\nan examination and tests appropriate to the age and breed to determine\nif the animal has any medical conditions apparent at the time of the\nexamination that adversely affect the health of the animal. For animals\neighteen months of age or older, such examination shall include a\ndiagnosis of any congenital conditions that adversely affect the health\nof the animal. Any animal diagnosed with a contagious disease shall be\ntreated and caged separately from healthy animals.\n  (d) If an animal suffers from a congenital or hereditary condition,\ndisease, or illness which, in the professional opinion of the pet\ndealer's veterinarian, requires euthanasia, the veterinarian shall\nhumanely euthanize such animal without undue delay.\n  (e) In the event an animal is returned to a pet dealer due to a\ncongenital or hereditary condition, illness, or disease requiring\nveterinary care, the pet dealer shall, without undue delay, provide the\nanimal with proper veterinary care.\n  6. Humane euthanasia. Humane euthanasia of an animal shall be carried\nout in accordance with section three hundred seventy-four of this\nchapter.\n  7. Exercise requirements. Pet dealers shall develop, maintain,\ndocument, and implement an appropriate plan to provide dogs with the\nopportunity for daily exercise. In developing such plan, consideration\nshould be given to providing positive physical contact with humans that\nencourages exercise through play or other similar activities. Such plan\nshall be approved by the attending veterinarian, and must be made\navailable to the department upon request.\n  8. Grooming. All animals shall be groomed regularly to prevent\nexcessive matting of fur, overgrown toenails and flea and tick\ninfestation.\n