2023 New York Laws › AGM - Agriculture and Markets › Article 26-C - Regulation of Animal Shelters › 431 - Transportation.

* §  431.  Transportation.  1.  Vehicle requirements. (a) Vehicles and
operators employed by or otherwise serving as an  agent  of  any  animal
shelter  to  transport  animals  shall adhere to all applicable federal,
state, and local laws.
(b) Any animal transported by an animal shelter or its agent shall not
be placed unconfined or tethered in the  back  of  an  open  pick-up  or
flatbed truck.
(c)  Any  animal  shelter  or  its agent transporting any animal shall
safely and securely confine such animal in an enclosure such as a crate,
carrier, or cage within the vehicle. Foster care providers serving as an
agent of any  animal  shelter  for  purposes  of  this  section  may  be
authorized to provide secure alternatives to enclosures for transport of
large dogs.
(d)  Any  transport  vehicle  transporting dogs or cats for any animal
shelter shall have adequate space, comfortable environmental conditions,
and good air quality. The animal compartment of  the  transport  vehicle
shall provide fresh air, free of vehicle exhaust fumes.
(e)  Each  transport  vehicle, including cargo spaces, shall be heated
and cooled as necessary to provide for normal  thermoregulation  of  the
animals being transported.
(f)  Each  transport  vehicle  shall  have a thermometer placed in the
animal compartment. The ambient temperature in the cargo space shall  be
maintained  between sixty and eighty-five degrees fahrenheit, unless the
health of the animal necessitates an ambient temperature that exceeds or
is less than such parameters. The operator of such vehicle shall monitor
cargo area temperatures  at  least  every  four  hours  to  ensure  such
temperatures are maintained.
2.  General  responsibilities  of  animal  shelters of origin prior to
transport. (a) It is the responsibility of the animal shelter of  origin
to  reasonably  ensure  that  its  destination  animal shelters have the
ability to meet the requirements of subdivision  four  of  this  section
prior  to  transporting  any animal. A written contract or memorandum of
understanding between the animal shelter  of  origin,  any  intermediate
animal  shelter,  the  destination  animal  shelter and any transporting
agent not directly employed by such shelters, shall be executed for each
animal transfer of one or more animals. Such document shall include  the
responsibilities  of  each  party  and  shall  be  revised or updated as
necessary to ensure that information is current.
(b) A contact person shall be designated for each animal  shelter  and
any intermediate transfer points.
(c)   Each  transporting  organization  identified  in  any  agreement
established pursuant to  subparagraph  (i)  of  paragraph  (d)  of  this
subdivision  shall  adhere  to all public health laws and local laws for
source location, intermediate transfer points, and final destination.
(d) (i) For dogs or cats imported into the state, the  animal  shelter
of origin shall ensure that each dog or cat to be transported aged three
months  of age or older has been vaccinated against rabies not more than
twelve months prior to the date  of  transport  when  using  a  one-year
vaccine,  or  not  more  than  thirty-six  months  prior  to the date of
transport when using a three-year  vaccine,  as  evidenced  by  a  valid
certificate of immunization signed by a duly licensed veterinarian. Such
vaccine   shall   be   approved  by  the  United  States  department  of
agriculture.  The  immunization  requirement  shall  not  apply   if   a
veterinarian  certifies  in  writing  that  because  of old age or other
reason, the life of the dog would be endangered by the administration of
the rabies vaccine.
(ii) At a minimum, the animal shelter of origin shall  administer  the
following core vaccinations to each dog or cat to be transported that is
four weeks of age or older:
(1) For dogs, a modified live product for Distemper virus, Adenovirus,
and  Parvovirus  as  well  as  an  intranasal  or oral avirulent culture
Bordetella bronchiseptica vaccination prior to departing from the animal
shelter of origin.
(2)  For  cats,   a   modified   live   product   for   Feline   Viral
Rhinotracheitis, Feline Calici Virus, and Feline Panleukopenia.
(iii)  The  animal  shelter  of  origin  shall  treat  each animal for
internal and external parasites as appropriate for the age, species, and
medical condition.
(iv) (1) The animal shelter of origin shall examine each dog  and  cat
for  medical  or  behavioral concerns at most twenty-four hours prior to
initiation of transport. All medical and behavioral  observations  shall
be  recorded  and  communicated  to any intermediate animal shelter, the
destination animal shelter  and  any  transporting  agent  not  directly
employed by such shelters.
(2) A health record shall accompany each animal to be transported.
(3) A health certificate is required for each animal to be transported
into  the state in accordance with part sixty-five of the commissioner's
rules and regulations. Such  certificate  shall  accompany  each  animal
during  transport  and  be  completed  and  signed  by  a  duly licensed
veterinarian.
(v) Each animal shall be individually identified with a  collar,  tag,
tattoo,  microchip or combination of such identifiers. All animals shall
have, at a minimum, one form of visual identification.
3.  General  responsibilities  during  transport.  (a)   Each   animal
transported shall be provided with absorbent bedding.
(b) No animal shall be sedated or tranquilized unless recommended by a
duly  licensed veterinarian and veterinary guidance is provided for such
animal's care during transport.
(c) The maximum transport time to an intermediate animal shelter or  a
destination animal shelter for dogs and cats shall include not more than
fourteen  hours  confined to the transport vehicle, including load time.
Transports exceeding fourteen hours must include an overnight stop at an
intermediary location, where the dogs and cats being  transported  shall
be  allowed  the  opportunity  to  exercise and eliminate outside of the
transport vehicle.
(d) The transporting animal shelter or its agent  shall  observe  each
animal  being  transported as often as circumstances allow, but not less
than once every four hours. During such observations, animals should  be
watered  and  fed  consistent  with  paragraphs  (g)  and  (h)  of  this
subdivision, and the transport area cleaned as appropriate.
(e) Each dog shall be provided with the opportunity  to  exercise  and
eliminate  at  least  once  every  twelve  hours  while  confined to the
transport vehicle, including load time. Each dog being transported  that
is  less  than twelve weeks of age shall be removed from their enclosure
and allowed to exercise and eliminate at least every two hours.
(f) No dog or cat shall be left unattended in  any  transport  vehicle
for  more  than one hour, regardless of whether heating, ventilation and
air conditioning (HVAC) is provided in such vehicle.
(g) The transporting animal shelter or its agent  shall  provide  each
animal  being  transported with wholesome and palatable food except when
there are instructions from a duly  licensed  veterinarian  to  withhold
food for medical reasons. Such food shall be free from contamination, of
nutritional  value sufficient to maintain each animal in good health and
be provided at least every twelve hours  for  adult  animals;  at  least

every  eight hours for animals less than six months of age; and at least
every six hours for animals less than four months of age.
(h)  If water cannot be provided at all times, the transporting animal
shelter or its agent shall provide clean, fresh  water  to  each  animal
being  transported  at  least  every four hours during observation stops
required pursuant to paragraph (b) of subdivision four of this  section.
Such  water  shall  be  supplied in a sanitary manner sufficient for its
needs,  except  where  there  are  instructions  from  a  duly  licensed
veterinarian to withhold water for medical reasons.
(i)  Animal enclosure requirements. (i) Animal enclosures in transport
vehicles shall be suitable to allow the animal to stand, sit erect, turn
around while standing, and to lie in a natural position.  If  more  than
one animal occupies any enclosure during transport, such enclosure shall
provide adequate space for each to lie down comfortably at the same time
without lying on top of each other.
(ii)  Unfamiliar  animals  shall not be contained together in the same
enclosure.
(iii) Crates, carriers or cages shall not be stacked in the  transport
vehicle  in  a  manner  that  increases  animal  stress  or  discomfort,
compromises ventilation, allows waste material to  pass  between  cages,
interferes with care and observation, or hinders emergency removal.
(iv)  All  animal  enclosures  and compartments shall be free of sharp
edges or other hazardous materials.
(v) The floor of any enclosure shall prevent injury,  discomfort,  and
leakage of fluids into other enclosures.
(vi)  The  animal  shelter  or its agent shall ensure that each animal
transported is safely and securely confined  within  each  enclosure  as
prescribed  by  this  section  and  that  enclosure doors are secured to
prevent accidental opening.
(vii) The animal shelter  or  its  agent  shall  secure  each  primary
enclosure to prevent movement within the transport vehicle.
(viii)  Each  dog  or  cat  less  than  eight  weeks  of  age shall be
transported in an enclosure with their mother, with  adequate  space  to
allow  the  mother  to  lie  down  on  her  side  with  legs extended to
facilitate nursing unless such dog or cat is orphaned, a  duly  licensed
veterinarian directs otherwise, the transport period does not exceed one
hour,  or  transport  with  the  mother  is deemed to pose a significant
safety risk. In the event such dog or cat is not  transported  with  its
mother,  the  animal  shelter  or  its  agent  shall  ensure an adequate
environment and temperature for the offspring. The  transporting  animal
shelter  or  its  agent  shall transport animals with known or suspected
infectious diseases that could be spread during  transport  in  separate
compartments from healthy animals.
(ix)  The  transporting animal shelter or its agent shall clean animal
enclosures and replace litter as often as necessary to  prevent  soiling
any  animal  being  transported.  If  any animal must be removed from an
enclosure to facilitate cleaning, the transporting animal shelter or its
agent shall employ  safeguards  to  ensure  animal  safety  and  prevent
escape.
(j)  Transport  vehicle operators. (i) Transport vehicle operators and
individuals who assist in the transport of animals shall  have  training
in  animal  health,  animal  care,  and  safety  issues to recognize and
respond to animal needs during transport.
(ii)  Transport  vehicle  operators  shall  avoid  unnecessary  sudden
acceleration,   deceleration,  excessive  lateral  movement,  noise  and
vibration.
(iii) Transport vehicle operators and individuals who  assist  in  the
transport  of  animals  shall  observe  dogs and cats for any medical or

behavioral concerns during each stop and shall respond appropriately  to
any concerns identified.
(iv)  Transport  vehicle  operators  and individuals who assist in the
transport of animals shall clean and disinfect each enclosure after  use
in  transporting  an animal and before transporting different animals in
the same enclosure.
4.  General  requirements  of  destination   animal   shelters.   Each
destination animal shelter shall provide the following:
(a)  Adequately  trained  personnel  ready  to  receive  and medically
evaluate each animal received from any transporting  animal  shelter  or
its agent upon arrival;
(b)   A   physical  examination  of  each  animal  received  from  any
transporting animal shelter with corresponding  documentation  performed
by  trained  personnel  pursuant to section four hundred twenty-three of
this article within four hours of arrival;
(c)  Veterinary  care  in  accordance  with   section   four   hundred
twenty-nine   of   this  article  for  each  animal  received  from  any
transporting  animal  shelter  requiring  such   care   and   additional
reasonable care.
(d)  Adequate  housing  for  arriving  animals  prepared in advance of
arrival, including:
(i) Housing in a quarantine area if needed,  based  on  assessment  of
health  status,  animal  source,  and  risk  of  infectious, contagious,
parasitic or communicable disease; and
(ii) Isolation areas for animals with known  or  suspected  contagious
diseases,  as  required under sections four hundred twenty-four and four
hundred twenty-five of this article.
5. No animal shelter or its agents shall transport any dog or cat less
than one year of age whose point of origin is any  breeder  licensed  by
the  United  States department of agriculture pursuant to the provisions
of U.S.P.L. 89-544 as of August twenty-fourth,  nineteen  sixty-six,  or
any subsequent corresponding sections of the federal Animal Welfare Act,
as from time to time amended.
* NB Effective December 15, 2025