State Codes and Statutes

Statutes > New-york > Agm > Article-26-a > 401

§ 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.    (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.    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.  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) 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) 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.    (b)  Within  five  business  days of receipt, but prior to sale of any  dog, 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  found  to  be  afflicted  with  a  contagious  disease shall be treated and caged separately from healthy animals.    (c)  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.    (d) 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-26-a > 401

§ 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.    (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.    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.  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) 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) 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.    (b)  Within  five  business  days of receipt, but prior to sale of any  dog, 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  found  to  be  afflicted  with  a  contagious  disease shall be treated and caged separately from healthy animals.    (c)  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.    (d) 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-26-a > 401

§ 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.    (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.    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.  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) 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) 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.    (b)  Within  five  business  days of receipt, but prior to sale of any  dog, 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  found  to  be  afflicted  with  a  contagious  disease shall be treated and caged separately from healthy animals.    (c)  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.    (d) 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.