2015 New York Laws
AGM - Agriculture & Markets
Article 26-A - (Agriculture & Markets) 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.
(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.
(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.
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) 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; and
(v)  Pre-procedural  and  post-procedural  care  in  accordance   with
  established veterinary medical and nursing procedures.
(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.