New York Bill to outlaw docking and cropping

[ewarp]

Found here: http://assembly.state.ny.us/leg/?bn=A11242

TITLE OF BILL: in 0 An act to amend the agriculture and markets law,
in relation to making ear clipping and tail docking of dogs unlawful;
and repealing certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To amend the agriculture and markets law in relation to making ear
clipping and tail docking of dogs unlawful.

SUMMARY OF SPECIFIC PROVISIONS:
SECTION 1: Section 365 of the agriculture and markets law is repealed
and a new section 365 is added whereby it is a misdemeanor to clip or
cut, or have someone clip or cut, part of or the whole ear of a dog.
The misdemeanor is punishable by a maximum of one year prison, maximum
fine of one thousand dollars, or both.

These provisions do not apply to any dog, or its owner, whose ear(s)
was clipped or cut off prior to September 1, 2006. This shall also not
apply to any procedure performed with appropriate anesthesia by a
licensed veterinarian for therapeutic purposes. Dogs whose ear(s) has
been clipped or cut off wholly or partially are not prevented from
being imported into the state exclusively for breeding purposes.

SECTION 2: A new section 365-a is added stating that it is a
misdemeanor (maximum of one year in prison, maximum fine of one
thousand dollars, or both) to cut the bone, tissues, muscles or
tendons of the tail of any dog. It is also a misdemeanor to show or
exhibit a dog whose tail has been cut or operated on at any dog show
or similar exhibition. The misdemeanor carries a penalty of a maximum
one year term in prison, a maximum fine $500, or both.

These provisions do not apply to any dog or owner whose tail has been
certified as having been docked, set or altered prior to September 1,
2006 or that it was so cut in a state where such cutting is not
prohibited.

In both ear clipping or tail docking cases, dog owners who are injured
or damaged by a violation of this section or any animal rights
organization operating in New York State, may institute a private
right of action, including a proceeding fro declaratory judgment,
pursuant to section 3001 of the civil practice law and rules, to
obtain redress for such injury or violation in a New York State
Supreme Court.

JUSTIFICATION:
In the United States, cosmetic ear cropping and tail docking have
become part of many breed standards. Currently, the American Kennel
Association and various dog breeders associations support these
practices for the purposes of showing dogs in competitions despite
their illegality in other countries and veterinarian opposition.

Ear cropping of dogs for cosmetic purposes is legally harmed in many
countries including Australia, Great Britain, Austria, Belgium, the
Czech Republic, Denmark, Finland, Greece, Luxembourg, Norway,
Portugal, Sweden, and Switzerland. It has been prohibited by the
European Convention for the Protection of Pet Animals and strongly


discouraged by a number of national veterinary associations in
Argentina, Canada, Bosnia-Herzegovina, Croatia, Estonia, Hong Kong,
Hungary, Ireland, Italy, Japan, Malaysia,. New Zealand, Poland, South
Africa, Spain, Taiwan, and Uruguay.

The American Veterinary Medical Association states that the ear
cropping and tail docking in dogs for cosmetic purposes are neither
medically indicated nor beneficial to the dog. The AVMA` s policy
statement declares that these procedures cause pain and distress, and
as with all surgical procedures are accompanied by inherent risks of
anesthesia, blood loss, and infection. The Humane Society of New York
has condemned tail docking stating that the procedure causes
unnecessary pain and suffering to the animals. The World Small Animal
Veterinary Association recommends that tail docking be illegal because
of the possible formation of painful scar tissue. The Association of
Veterinarians for Animal Rights is opposed to ear cropping and tail
docking done to meet "breed Standards". The American Animal Hospital
Association has taken the position that ear cropping and tail docking
in pets for cosmetic reasons are not medically indicated nor of
benefit to the patient.

It is time to outlaw surgical procedures for cosmetic purposes that do
not benefit but only cause pain and distress to dogs.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect August 1, 2006, with provisions that if act
becomes law after such date, it shall take effect immediately and
shall be deemed to have been in full one year after it shall have
become a law.

[shandoggy1]

I think it is pretty funny that most of these foreign countries who ban tail and ear cropping don't believe in spay and neuter either .

[ewarp]

You know, shandoggy, I didn't know other countries didn't speuter (as widely as the us does) until I heard Turid Rugaas speak. It's crazy.

[shandoggy1]

Originally Posted by ewarp

You know, shandoggy, I didn't know other countries didn't speuter (as widely as the us does) until I heard Turid Rugaas speak. It's crazy.

Yeah Ewarp, Alot of the countries listed are over-run with animals especially stray cats. I have friends from both Italy and Greece and they told me how over-run with cats they are. It is sad, if they only speutered. So it doesn't surprise me that these countries are against cropping because they don't believe in fixing there pets either.

[WolfRyder]

There's no mention of dogs docked who are workdogs (dobies, rotties, etc)

Not that I'm for/against, either way, just there is no provision. It says "cosmetic" and if a person's lawyer can make a case for necessity (as a guard/protection dog, etc), this law can be set aside.

This also will just require people to go out of state to have the tails/ears docked/cropped and yet another piece of paper to carry around stating where this was done.

Wonder if these same people are as worried about male American babies? (I'm sure everyone knows what I'm talking about here). That particular practice is not usual either in several European countries.

[briarlow]

Docking is about to be banned in the UK too!! I'm actually glad to see that the cutting off of ears is being banned though I really don't see the use in that except to make certain breed supposedly look agressive.

I have a docked breed and also work my dogs and I'm not happy about the ban being enforced. My breed is also born naturally with short tails so I'll have to prove that any of my pups are born naturally!!