NY Agric & Mkts L § 401 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26-A - Care of Animals by Pet Dealers 401 - Minimum Standards of Animal Care.

§ 401. Minimum standards of animal care. Pet dealers shall comply with the  following  minimum  standards  of  care  for  every animal in their custody or possession.   1. Housing. (a) Animals shall  be  housed  in  primary  enclosures  or cages,  which  shall be constructed so as to be structurally sound. Such enclosures shall be maintained in good  repair  to  contain  the  animal housed  inside  and  protect  it  from  injury.  Surfaces  shall have an impervious surface so as not to permit  the  absorption  of  fluids  and which  can  be thoroughly and repeatedly cleaned and disinfected without retaining odors.  (b) Primary enclosures or cages  housing  the  animals  shall  provide sufficient  space  to  allow each animal adequate freedom of movement to make normal postural adjustments, including the  ability  to  stand  up, turn  around,  and lie down with its limbs outstretched. If the flooring is constructed of metal strands, such strands  must  either  be  greater than  one-eighth  inch  in diameter (nine gauge wire) or shall be coated with a material such as plastic or fiberglass, and shall be  constructed so  as  not to allow passage of the animal's feet through any opening in the floor of  the  enclosure.  Such  flooring  shall  not  sag  or  bend substantially between structural supports.  (c)  Housing facilities shall be adequately ventilated at all times to provide for the health and well-being of the animal.  Ventilation  shall be  provided  by  natural  or  mechanical means, such as windows, vents, fans, or air conditioners. Ventilation shall be established to  minimize drafts, odors, and moisture condensation.  (d)  The  temperature  surrounding the animal shall be compatible with the health and well-being of the animal. Temperature shall be  regulated by heating and cooling to sufficiently protect each animal from extremes of  temperature  and  shall not be permitted to fall below or rise above ranges which would pose a  health  hazard  to  the  animal.  This  shall include supplying shade from sunlight by natural or artificial means.  (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 illumination which poses a health hazard to  the  animal.  Animal  areas must  be provided with regular diurnal light cycles of either natural or artificial light.  (f) The indoor and outdoor facilities housing the  animals,  including the  primary  enclosure  or  cage,  shall  be  designed to allow for the efficient elimination of animal waste and water in  order  to  keep  the animal  dry  and  prevent the animal from coming into contact with these substances.  If drains are used they shall be constructed in a manner to minimize foul odors and backup of sewage. If a drainage system  is  used it  shall  comply  with  federal,  state,  and  local  laws  relating to pollution control.  (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.  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 detergent 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 circumstances  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 properly  contained  and  disposed  of  so  as  to minimize the risks of disease, contamination, and vermin.   3. Feeding and watering. (a) Animals shall be provided with  wholesome and  palatable  food,  free  from contamination and of nutritional value sufficient to maintain each animal in good health.  (b) Animals shall be adequately fed at intervals not to exceed  twelve hours  or  at  least  twice in any twenty-four hour period in quantities appropriate for the animal species and age, unless determined  otherwise by and under the direction of a duly licensed veterinarian.  (c)  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.  (d) Animals shall be provided with  regular  access  to  clean,  fresh water,  supplied  in  a sanitary manner sufficient for its needs, except when there  are  instructions  from  a  duly  licensed  veterinarian  to withhold water for medical reasons.   4. Handling. Each animal shall be handled in a humane manner so as not to cause the animal physical injury or harm.   5. Veterinary care.  (a) Any pet dealer duly licensed pursuant to this article  shall  designate  an  attending veterinarian, who shall provide veterinary care to the dealer's animals which shall  include  a  written program  of  veterinary  care  and  regular  visits  to the pet dealer's premises. Such program of veterinary care shall include:  (i) The availability of appropriate facilities, personnel,  equipment, and services to comply with the provisions of this article;  (ii)  The use of methods determined to be appropriate by the attending veterinarian to prevent, control, and respond to diseases and  injuries, and the availability of emergency, weekend, and holiday care;  (iii)  Daily  observation  of  all  animals to assess their health and well-being; provided, however, that daily observation of animals may  be accomplished  by  someone  other than the attending veterinarian who has received the guidance identified in subparagraph (iv) of this paragraph; and  provided,  further,  that  a  mechanism  of  direct  and   frequent communication  is  required  so  that timely and accurate information on problems of animal health, behavior, and well-being is conveyed  to  the attending veterinarian;  (iv)  Adequate  guidance  to personnel involved in the care and use of animals regarding handling and immobilization;  (v)  Pre-procedural  and  post-procedural  care  in  accordance   with established 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 examinations, at a minimum, for all intact adult dogs or  cats  on  such dealer's premises.  (b) All animals shall be inoculated as required by state or local law. Veterinary  care  appropriate  to  the species shall be provided without undue delay when necessary. Each animal shall be observed  each  day  by the   pet  dealer  or  by  a  person  working  under  the  pet  dealer's supervision.  (c) Within five business days of receipt, but prior to sale of any dog or cat, the pet dealer shall have a duly licensed  veterinarian  conduct an  examination  and tests appropriate to the age and breed to determine if the animal has any medical conditions apparent at  the  time  of  the examination  that adversely affect the health of the animal. For animals eighteen months of age  or  older,  such  examination  shall  include  a diagnosis  of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease  shall  be treated and caged separately from healthy animals.  (d)  If  an  animal suffers from a congenital or hereditary condition, disease, or illness which,  in  the  professional  opinion  of  the  pet dealer's  veterinarian,  requires  euthanasia,  the  veterinarian  shall humanely euthanize such animal without undue delay.  (e) In the event an animal is returned  to  a  pet  dealer  due  to  a congenital  or  hereditary  condition,  illness,  or  disease  requiring veterinary care, the pet dealer shall, without undue delay, provide  the animal with proper veterinary care.   6.  Humane euthanasia. Humane euthanasia of an animal shall be carried out in accordance  with  section  three  hundred  seventy-four  of  this chapter.   7.   Exercise  requirements.  Pet  dealers  shall  develop,  maintain, document, and implement an appropriate plan to  provide  dogs  with  the opportunity  for  daily exercise. In developing such plan, consideration should be given to providing positive physical contact with humans  that encourages  exercise through play or other similar activities. Such plan shall be approved by  the  attending  veterinarian,  and  must  be  made available to the department upon request.   8.  Grooming.  All  animals  shall  be  groomed  regularly  to prevent excessive  matting  of  fur,  overgrown  toenails  and  flea  and   tick infestation.