NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3714
SPONSOR: Epstein TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting ear clipping and tail docking of dogs unless deemed medically
necessary to protect the life or health of the dog
PURPOSE OF BILL:
To prohibit the ear clipping and tail docking of dogs and cats unless
deemed medically necessary to protect the life or health of.the dog or
cat.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Subdivision 1 of section 365 of the agriculture and markets
law, as amended by chapter 458 of the laws of 1985, is amended to estab-
lish that ear clipping of a dog or cat is only permitted when a licensed
veterinarian deems it medically necessary to protect the life or health
of the dog or cat.
Section 2: The agriculture and markets law is amended by adding a new
section 365-a that will make the docking, or alteration, of dog or cat
tails or the assisting thereof - unlawful and punishable with a misde-
meanor and a fine of no more than $500, unless deemed medically neces-
sary to protect the life or health of the dog or cat by a licensed
veterinarian. Such provisions will not apply to persons whose dog or cat
had been certified as having been docked before the date of August 1,
2021.
Section 3: This act shall take effect immediately.
JUSTIFICATION:
The docking of dog and tails and ear clipping has recently become a
cosmetic process some owners undertake, according to the American Veter-
inary medical Association. Similarly, cat tails are sometimes docked by
breeders to conform with certain breed standards. Licensed professionals
are vehemently against both actions since they are extremely painful to
the animal and there is no real reason to do it. We must take steps to
prevent such animal cruelty, unless deemed absolutely necessary by a
licensed veterinarian.
LEGISLATIVE HISTORY:
A3339 of 2021-2022: (Fernandez) referred to agriculture / No same as
A2764 of 2020
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
3714
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. EPSTEIN, L. ROSENTHAL, STECK, DeSTEFANO, DAVILA,
SAYEGH, CRUZ -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting ear clipping and tail docking of dogs unless deemed medically
necessary to protect the life or health of the dog
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 365 of the agriculture and markets
2 law, as amended by chapter 458 of the laws of 1985, is amended to read
3 as follows:
4 1. Whoever clips or cuts off or causes or procures another to clip or
5 cut off the whole or any part of an ear of any dog unless an anesthetic
6 shall have been given to the dog and the operation performed by a
7 licensed veterinarian who deems such operation medically necessary to
8 protect the life or health of the dog, is guilty of a misdemeanor,
9 punishable by imprisonment for not more than one year, or a fine of not
10 more than one thousand dollars, or by both.
11 § 2. The agriculture and markets law is amended by adding a new
12 section 365-a to read as follows:
13 § 365-a. Docking dog tails; unlawful. 1. Any person who cuts the bone,
14 tissue, muscles or tendons of the tail of any dog, or otherwise operates
15 upon it in any manner for the purpose or with the effect of docking or
16 otherwise altering the natural carriage or length of the tail, or
17 assists, procures, promotes or encourages such cutting or operation for
18 reasons other than to protect the life or health of the dog as deemed
19 necessary by a duly licensed veterinarian, is guilty of a misdemeanor
20 punishable by a fine of not more than five hundred dollars.
21 2. The provisions of this section shall not apply to any dog or person
22 who is the owner or possessor of any dog whose tail has been certified
23 as having been docked, cut or altered prior to August first, two thou-
24 sand twenty-four.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07760-01-3
