New York Agriculture and Markets Code § 401

Minimum standards of animal care
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§ 401. Minimum standards of animal care. Pet dealers shall comply with\nthe following minimum standards of care for every animal in their\ncustody or possession.\n  1. Housing. (a) Animals shall be housed in primary enclosures or\ncages, which shall be constructed so as to be structurally sound. Such\nenclosures shall be maintained in good repair to contain the animal\nhoused inside and protect it from injury. Surfaces shall have an\nimpervious surface so as not to permit the absorption of fluids and\nwhich can be thoroughly and repeatedly cleaned and disinfected without\nretaining odors.\n  (b) Primary enclosures or cages housing the animals shall provide\nsufficient space to allow each animal adequate freedom of movement to\nmake normal postural adjustments, including the ability to stand up,\nturn around, and lie down with its limbs outstretched. If the flooring\nis constructed of metal strands, such strands must either be greater\nthan one-eighth inch in diameter (nine gauge wire) or shall be coated\nwith a material such as plastic or fiberglass, and shall be constructed\nso as not to allow passage of the animal's feet through any opening in\nthe floor of the enclosure. Such flooring shall not sag or bend\nsubstantially between structural supports.\n  (c) Housing facilities shall be adequately ventilated at all times to\nprovide for the health and well-being of the animal. Ventilation shall\nbe provided by natural or mechanical means, such as windows, vents,\nfans, or air conditioners. Ventilation shall be established to minimize\ndrafts, odors, and moisture condensation.\n  (d) The temperature surrounding the animal shall be compatible with\nthe health and well-being of the animal. Temperature shall be regulated\nby heating and cooling to sufficiently protect each animal from extremes\nof temperature and shall not be permitted to fall below or rise above\nranges which would pose a health hazard to the animal. This shall\ninclude supplying shade from sunlight by natural or artificial means.\n  (e) The indoor facilities housing the animals shall be provided with\nadequate lighting sufficient to permit routine inspection and cleaning\nand be arranged so that each animal is protected from excessive\nillumination which poses a health hazard to the animal. Animal areas\nmust be provided with regular diurnal light cycles of either natural or\nartificial light.\n  (f) The indoor and outdoor facilities housing the animals, including\nthe primary enclosure or cage, shall be designed to allow for the\nefficient elimination of animal waste and water in order to keep the\nanimal dry and prevent the animal from coming into contact with these\nsubstances.  If drains are used they shall be constructed in a manner to\nminimize foul odors and backup of sewage. If a drainage system is used\nit shall comply with federal, state, and local laws relating to\npollution control.\n  (g) In the event that a pet dealer has a pregnant or nursing dog on\nhis or her premises, the pet dealer shall provide a whelping box for\nsuch dog. Separate and apart from the whelping box, a pet dealer shall\nprovide a pregnant or nursing dog with a separate space accessible to\nher that complies with the standards set forth in paragraph (b) of this\nsubdivision. Each nursing dog shall be provided with a sufficient amount\nof floor space to nurse and care for her litter.\n  (h) Pet dealers shall designate and provide an isolation area for\nanimals that exhibit symptoms of contagious disease or illness. The\nlocation of such designated area must be such as to prevent or reduce\nthe spread of disease to healthy animals and must otherwise meet all\nhousing requirements of this section.\n  2. Sanitation. Housing facilities, including primary enclosures and\ncages, shall be kept in a clean condition in order to maintain a healthy\nenvironment for the animal. This shall include removing and destroying\nany agents injurious to the health of the animal and periodic cleanings

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