Statutes

Statute by category Citationsort descending Summary
NY - Enforcement - Agriculture and Markets Law - Article 3. Investigation; Practice and Procedure; Violations; Penalties. McKinney's Agriculture and Markets Law § 32 - 45-c This article outlines the procedures and penalties for violations of New York's Agriculture and Markets Law.
NY - Cruelty - Consolidated Cruelty Statutes McKinney's Agriculture and Markets Law § 331 - 382; McKinney's Penal Law § 130.20 These New York statutes comprise the state's anti-cruelty provisions. "Animal" includes every living creature except a human being. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, or deprives any animal of necessary sustenance, food or drink, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both. Exclusions include properly conducted scientific tests, experiments or investigations, involving the use of living animals approved by the state commissioner of health.
NY - Property, theft - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 366 This New York statute provides that it is a crime to steal dogs, defined as: removing the collar, identification tag or any other identification by which the owner may be ascertained from any dog, cat or any other domestic animal; seizing or molesting any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation; or transporting any dog, not lawfully in his possession, for the purpose of killing or selling such dog.
NY - Exotic Pets - Chapter 69 Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 370 This New York law provides that any person who owns or possesses a wild animal or reptile capable of inflicting bodily harm upon a human being, who fails to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor. The punishment for violation is imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. The second part of the law imposes strict liability upon owners of dangerous wild animals.
NY - Ecoterrorism - § 378. Unlawful tampering with animal research McKinney's Agriculture and Markets Law § 378 This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility.
NY - Divorce - § 236. Special controlling provisions; prior actions or proceedings; new actions or proceedings McKinney's D. R. L. § 236 In 2021, New York amended the domestic relations law requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding. New subsection (15) states, "in awarding the possession of a companion animal, the court shall consider the best interest of such animal. “Companion animal”, as used in this subparagraph, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law."
NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions McKinney's E. C. L. § 11-0101 to 11-0113 This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership.
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0501 to 11-0540 This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life.
NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import McKinney's E. C. L. § 11-0512 This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban.
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0917 This New York laws begin by stating that wild game and other wildlife may only be possessed if lawfully taken in compliance with the Fish and Wildlife Law and the accompanying regulations. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack; failure to do so is a crime under section three hundred seventy of the agriculture and markets law.
NY - Fur - Title 11. Trapping McKinney's E. C. L. § 11-1101 to 11-1109 This set of New York laws sets forth the state's trapping laws. Among the laws includes a ban on traps of the leg-gripping type having teeth in the jaws; traps that operate such that wildlife is suspended when caught; and noose-type snares. No person shall set or use a body gripping type trap with a dimension of more than 7 1/2 inches except as provided by state rules for for trapping beaver or otter during the open season. Traps must bear the name and residence address or the assigned identification number of the operator at all times. Traps must be visited once every 24 hours except in the Northern Zone where it's once every 48 hours.
NY - Hunting - Chapter 43-B. Of the Consolidated Laws McKinney's E. C. L. § 11-1904 This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means: the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things.
NY - Hunting, Internet - 11-1906 On-line shoots prohibited. McKinney's E. C. L. § 11-1906, McKinney's E. C. L. § 71-0923 This statute prohibits online shooting in the state of New York. Violation of the statute is punishable by a fine of not more than 2,500 dollars.
NY - Sharks - Article 13. Marine and Coastal Resources. McKinney's E. C. L. § 13-0338 This New York law prohibits the practice known as "shark finning." The section provides that no person shall possess shark fins in the marine and coastal district unless the requisite shark carcass is also possessed. It defines "finning" as "the removal of a fin, other than the caudal fin, from a shark and not retaining the remainder of the shark's carcass."
NY - Trusts - Chapter 17-B. Of the Consolidated Laws. McKinney's E. P. T. L. § 7-8.1 This New York statute provides that a trust for the care of a designated domestic or pet animal is valid. Such trust shall terminate when the living animal beneficiary or beneficiaries of such trust are no longer alive. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use.
NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927 This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law.
NY - Research animals - § 239-b. Research dogs and cats McKinney's Education Law § 239-b This New York law, effective in 2016, provides that a publicly-funded higher education research facility must assess the health of the dog or cat and determine whether it is suitable for adoption after the research and testing on the animal is completed. That research facility must then make reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption, either through private placement or through an animal rescue/organization.
NY - Veterinary - Article 135. Veterinary Medicine and Animal Health Technology. McKinney's Education Law § 6700 - 6714 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
NY - Education - § 809. Instruction in the humane treatment of animals McKinney's Education Law § 809 This New York law requires those officers, boards or commissions authorized or required to prescribe courses of instruction that receive public funding to establish a humane education curriculum as described. Additionally, the law states that any school that uses animal for study must provide: (1) appropriate quarters; (2) sufficient space for the normal behavior and postural requirements of the species; (3) proper ventilation, lighting, and temperature control; (4) adequate food and clean drinking water; and (5) quarters which shall be cleaned on a regular basis and located in an area where undue stress and disturbance are minimized. With regard to dissection, the law allows any student who expresses a moral or religious objection to performing or witnessing the dissection of an animal to be provided the opportunity to undertake an alternative project. This request by the student must be substantiated in writing by the student's parent or legal guardian. Students who decline dissection are not to be penalized under the law and parents and students must be notified about their rights under this law. Finally, the law prohibits certain experimentation on live vertebrate animals.
NY - Disaster - Article 2-B. State and Local Natural and Man-Made Disaster Preparedness. Agriculture and Markets Law. McKinney's Executive Law § 22, 23; McKinney's Agriculture and Markets Law § 410 - 411; McKinney's Public Authorities Law § 1264-a; McK.Unconsol.Laws § 6408-e In New York, disaster emergency plans must include utilization and coordination of programs to assist individuals with household pets and service animals. Particular emphasis must be on evacuation, shelter and transportation options following a disaster.
NY - Domestic Violence - Article 8. Family Offenses Proceedings. McKinney's Family Court Act § 842 This New York law pertains to the issuance of protection orders. In July of 2006, the amendment that allows companion animals owned by the petitioner of the order or a minor child residing in the household to be included in the order was signed into law. The law specifically allows a court to order the respondent to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household (subsection (i)(1) - (2)).
NY - Fur - Chapter 20. Of the Consolidated Laws. McKinney's General Business Law § 399-aaa Makes it illegal for any person, firm, partnership or corporation to knowingly import, sell at retail or manufacture clothing with fur which is not properly labeled as containing "faux fur" or "real fur." Defines appropriate labeling by adding the appropriate description to the permanent tag attached to the clothing, a temporary tag to identify the clothing, or by affixing a sticker with the description in a conspicuous place on the clothing. Sets the maximum punishment to not exceed a $500 fine for the first violation and not to exceed $1000 for each subsequent violation.
NY - Research - § 399-aaaaa. Selling of animal tested cosmetics McKinney's General Business Law § 399-aaaaa This New York law from 2022 states that it shall be unlawful for a manufacturer to import for profit, sell or offer for sale in the state, any cosmetic which the manufacturer knew or reasonably should have known that animal testing was conducted or contracted by or on behalf of the manufacturer or any supplier of the manufacturer if the animal testing was conducted after the effective date of this section (January 2023). Exemptions include cosmetics where an ingredient testing method cannot be replaced, cosmetics from foreign jurisdictions where there is no evidence testing relied upon animal testing, and products tested on animals before the effective date of the law.
NY - Police dog - § 122-c. Transport of police work dogs injured in the line of duty McKinney's General Municipal Law § 122-c This New York law from 2015 states that an emergency medical service paramedic or emergency medical service technician may transport any police work dog injured in the line of duty to a veterinary clinic or similar such facility provided, however, that there are no persons requiring medical attention or transport at such time.
NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs McKinney's General Municipal Law § 209-cc New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement.
NY - Impound - Article 5. Powers, Limitations, and Liabilities. McKinney's General Municipal Law § 88 This New York statute provides that a municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards. These agencies can requisition dogs that are awaiting destruction so long as five days have elapsed since the dog was impounded. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender.
NY - Service Animal - Chapter 24-A. Of the Consolidated Laws. McKinney's General Obligations Law § 11-107 Under this New York statute, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide guide dog. These damages include veterinarian fees, replacement or retraining costs for the guide dog, lost wages, or damages for loss of mobility during retraining or replacement of the dog.
NY - Equine Activity - Article18-B. Safety in Agricultural Tourism McKinney's General Obligations Law § 18-301 - 303 This 2017 New York set of laws is known as the “safety in agricultural tourism act." The activities defined as agricultural tourism are broad, and include equine therapy, u-pick Christmas trees, touring farms, and hunting on farms. The act requires that operators of agricultural tourism areas post at every point of sale or distribution of tickets a conspicuous “Warning to Visitors” relative to the inherent risks of participating in activities on working farms and to provide written information based on requirements from the commissioner of agriculture. Owners and operators of agricultural tourism areas shall not be liable for an injury to or death of a visitor if the provisions of this subdivision are complied with
NY - Breed - § 3421. Homeowners' liability insurance; dogs McKinney's Insurance Law § 3421 This New York law provides that, with respect to homeowners' insurance policies, no insurer shall refuse to issue or renew, cancel, or charge or impose an increased premium or rate for such policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. This law does not prohibit an insurer from refusing to issue or cancel such insurance where a dog of any breed or mixed breeds has been declared a dangerous dog.
NY - Lost Dog - Article 7-B. Lost and Found Property. McKinney's Personal Property Law § 251 to 258 This section comprises New York's Lost and Found Property provisions.
NY - Food Service - § 1352-e. Companion dogs at food service establishments McKinney's Public Health Law § 1352-e This statute allows for companion dogs in an outdoor dining area at a food service establishment in the state of New York. The companion dogs are allowed at an outdoor dining area if the owner of the establishment allows companion dogs, a separate outdoor entrance is available for the companion dog to enter the dining area, and the outdoor area where the companion dog is allowed is not used for food or drink preparation. The statute also outlines a number of other requirements that the owner of the establishment and owner of the companion dog must follow in order to be in compliance with this statute.
NY - Research, animal - Article 5. Laboratories. Title I. General Provisions: State Laboratories; Approved Laboratories. McKinney's Public Health Law § 500 - 506 The group of statutes provides that the commissioner shall require laboratories and research facilities to treat all animals used in testing humanely, provide food and suitable housing, and that any experiments that inflict or involve pain shall be performed with anesthesia. Each research facility shall be inspected by the commissioner in order to ensure compliance with said rules. In addition, the statutes provide that alternative animal testing methods be utilized when the alternative has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted by the appropriate federal agency.
NY - Racing - § 220. Licenses for participants and employees at race meetings McKinney's Racing, Pari Mutuel Wagering and Breeding Law § 220 The state racing and wagering board issues licenses to owners, trainers, assistant trainers and jockeys, jockey agents, and stable employees for horse races, including steeplechases.
NY - Ordinances - Chapter 62. Of the Consolidated Laws. McKinney's Town Law § 130 This New York statute provides that a town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, including the restraining of the running at large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not, and those authorizing the impounding and sale of the same for the costs of keeping, proceedings and penalty, or the killing of unmuzzled dogs. It also provides that towns may enact ordinances promoting the health, safety, morals or general welfare of the community, as long they are not inconsistent with existing law.
NY - Lien upon strays - § 310. Lien upon strays McKinney's Town Law § 310 If any person finds any livestock on their enclosed land, or finds livestock on their land doing damage, and the livestock did not come from adjoining lands because of the refusal or neglect to erect a division fence required by law, such person may have a lien over all other liens on such livestock. The lien shall last for as long as such person retains possession of the livestock, and as long as the damage remains to his land, until the damages, charges, fees, and costs are paid for keeping the livestock.
MI - Assistance animals - Assistance Animal/Guide Dog Laws MCL 287.291 and MCL 750.50a, 750.502c; MCL 752.51a, 752.52, 752.61 - 64; M.C.L.A. 37.301 - 307 The following statutes comprise the state's relevant assistance animal and guide dog laws.
MI - Impound - Chapter 287. Animal Industry. Use of Dogs and Cats for Research. MCL 287.388 This Michigan statute provides that a dealer, a county, city, village, or township operating a dog pound or animal shelter shall not sell or otherwise dispose of a dog or cat within 4 days after its acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the operator of the pound or shelter shall notify the owner in writing and disposition of the animal shall not be made within 7 days from the date of mailing the notice.
MI - Natural Resources -Chapter 324. Natural Resources and Environmental Protection Act. Natural Resources and Environmental Pro MCL 324.1101 -1102 These sections describe the ability of courts and the Commission to review the Department of Natural Resources decisions and the ability for the public to circulate and sign petitions.
MI - Wildlife Conservation - Chapter 324. Natural Resources and Environmental Protection Act. Article III. Natural Resources Ma MCL 324.40101 to MCL 324.40120 These sections define game animals and lay out the regulations for taking/hunting them. Moreover, the statute clarifies that the animals are property of the people of the state and are managed by the state for their benefit. This statute also contains the Scientific Fish and Wildlife Conservation Act passed in August of 2014. The Act allows the Legislature or bipartisan Natural Resources Commission to designate a wildlife species as game, but Natural Resources Commission orders must be consistent with its duty to use sound science. Section 324.40112 also sets out the state's hunter harassment provision.
MI - Wildlife Conservation - Chapter 324. Natural Resources and Environmental Protection Act MCL 324.40501 This Section describes the Department of Natural Resource's authority to co-operate with the federal government and to use hunters' license fees for wildlife restoration.
MI - Fighting Generally - Chapter 750. Michigan Penal Code. The Michigan Penal Code MCL 750.49 The anti-animal fighting provision prohibits conduct related to animal fighting, including but not limited to organizing or being a spectator at a fight and training or using animals for fighting.
MI - Cruelty, neglect - Chapter 750. Michigan Penal Code. The Michigan Penal Code. MCL 750.50 This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony.
MI - Exotic Pets - Chapter 287. Animal Industry; Wolf-dog Cross Act MCLA 287.1001 - 1023 This Michigan law bans acquisition and possession of wolf-dog hybrids, though it grandfathered animals already owned as pets at the time of the law's enactments. In order to maintain public safety and animal welfare, the state created a strict permit system for those owners who were allowed to keep their already-existing pets.
MI - Veterinary - Chapter 333. Health. Public Health Code MCLA 333.18801 - 18838 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
MI - Equine Liability - Chapter 691. Judiciary. Equine Activity Liability Act MCLA 691.1661 - 1667 This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries if he or she commits a negligent act or omission that results in the proximate cause of injury or death, and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
MD - Equine Transport - Subtitle 9. Transporting Horses. MD Code, Agriculture §§ 3-901 - 903 This Maryland section provides the requirements for transporting horses. The law states that "[a] person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported." Of importance is the provision that limits the vehicle used to transport the horses to one level (e.g., no double-deck trailers are allowed). Violation of the law incurs a civil penalty in the amount of $500 per horse for the first offense and $1,000 for each subsequent offense.
MD - Research - § 15-101. Adoptions of dogs or cats used in research facilities MD Code, Agriculture, § 15-101 This Maryland statute provides that a research facility located in the State in which dogs or cats are used for scientific research purposes shall take reasonable steps to provide for the adoption of a dog or cat after a determination that the animal is no longer needed for research. This shall be done through a private placement process for adoption, establishing a list of animal rescues willing to take in these animals, or offering a dog or cat to the rescues.
MD - Spay/neuter - § 2-1602. Spay/Neuter Fund MD Code, Agriculture, § 2-16021 - 1605 This Maryland law establishes a spay/neuter fund to finance local governments and animal welfare organizations for programs to facilitate the spay and neutering of dogs and cats in the state. In addition, as of 2014, each county and organization that receives funding shall quarterly report: (1) the number of cats and dogs taken in; (2) the number of cats and dogs disposed of, broken down by method of disposal, including euthanasia; and (3) any other relevant data the Department requires.
MD - Animal Shelters - Subtitle 17. Animal Shelters MD Code, Agriculture, § 2-1701 - 1707 This chapter effective October 1, 2016 states that the intent is to enhance animal shelter services by promoting humane animal sheltering policies and strengthening community safety. Before January 1, 2017, an animal shelter shall establish a written veterinary care protocol for dogs and cats that is consistent with guidelines set forth in the most recent Association of Shelter Veterinarians' Guidelines for Standards of Care in Animal Shelters. That same date, an animal shelter must post on the animal shelter's Web site or in a conspicuous location within the animal shelter's facility a written protocol for reclaiming animals from the animal shelter that includes the minimum holding period for stray animals, the hours of operation, the fees for reclaiming an animal, and the documentation/identification required for reclaiming. Violation of this subtitle results in a civil penalty of $500.
MD - Veterinary - State Board of Veterinary Medical Examiners. MD Code, Agriculture, § 2-301 - 316 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

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