Friday, April 3, 2009

NY- Tail docking bill

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to making tail docking of dogs unlawful

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the docking of dog tails for
reasons other than to protect the life or health of the dog as deemed
necessary by a duly licensed veterinarian.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The agriculture and markets
law is amended by adding a new section 365-a: Any person who cuts the
tail of a dog for reasons other than to protect the life or health of
the animal is guilty of a misdemeanor, punishable by a fine of not more
than five hundred dollars. Any person who shows or exhibits a dog whose
tail has been docked or altered, at a show or other exhibition, is guil-
ty of a misdemeanor, punishable as above.
Any dog owner who is injured
or damaged by a violation of these provisions may institute a private
right of action in the supreme court of this state, to obtain redress
for such injury or violation. The provisions shall not apply to any dog
or person who is the owner of any dog whose tail has been certified as
docked, cut or altered prior to August 1, 2009.

JUSTIFICATION: The enactment of this bill would ensure that dogs are not
caused unnecessary risk and pain by cosmetic tail docking. Performed
under anesthetic, the procedure carries within it inherent risks of
blood loss and infection, as well as causing lasting chronic tension in
the back and hindquarter muscles of dogs after the procedure. While
illegal in many countries, docking procedures are so prevalent today
that dogs of some breeds are not recognizable when they are in fact
intact. This legislation would ensure that dogs are no longer subjected
to lasting pain as a result of docking, and also that shows and exhibi-
tions will no favor dogs whose tails have been docked.



EFFECTIVE DATE: This act shall take effect August 1, 2009; provided,
however, if it shall become law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after August 1, 2009.


COSPNSR, Colton, Dinowitz, Eddington, Kellner, Paulin, Rosenthal

MLTSPNSR Ball, Boyland, Gottfried, McDonough, McEneny

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