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1992 NY Att'y Gen. Rep. & Op. 1 (1992)

handle is hein.nyattgen/nysag0107 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn No. F 92-1 AGRICULTURE AND MARKETS LAW §§118, 374; PUBLIC HEAL1TH LAW §§504, 3305, 3306; 10 NYCRR §§55-1.1, 80.134; L 1987, Ch 619. A pound or humane society may provide for euthanasia of a dog or cat under its custody and control off the premises of the pound or society in group training sessions by applicants who seek registration and certifi- cation by the Department of Health pursuant to Public Health Law §3305(1)(d). Your counsel seeks the advice of this office whether a munici- pal animal control facility (a pound) or incorporated society for the prevention of cruelty to animals (a society) may provide for the euthanasia of a dog or cat under its custody and control off the premises of the pound or society in group training sessions by applicants who seek registration and certification by the Department of Health (the Department) as individuals who may euthanize dogs and cats pursuant to Public Health Law §3305(1)(d) (hereafter the PHL). We conclude a pound or society may do so. Your counsel notes that Chapter 619 of the Laws of 1987 amended Agriculture and Markets Law §374 (hereafter AML) and PHL §3305 to provide for humane procedures for the eutha- nasia of dogs and cats, to promote the use of sodium pentobar- bital (NPB), a controlled substance (PHL §3306, Schedule II[e][3), in the euthanasia of dogs and cats, and to authorize the Commissioner of the Department to regulate the registration and certification of individuals to euthanize dogs and cats using NPB. Specifically, Chapter 619 of the Laws of 1987 amended 1 AG 6-30-92