October 29, 2009

New York Governor David Patterson, shown above in a file photo, signed a new bill into law last week, ensuring that the state's shelter animals cannot be gassed, and must be put down humanely. (ZT Pet News File Photo)

NEW YORK -- Shelter animals in New York may continue to be subject to untimely deaths, but a new state law ensures they can only be euthanized in the most humane of fashions, and not through carbon monoxide poisoning, or gassing.

Governor David Paterson signed S. 4962-B, a bill co-sponsored by Assemblywoman Amy Paulin and State Senator Suzi Oppenheimer, into law last week, establishing a symbolic precedent for animal shelters across the state, according to Debra Bresch, the ASPCA’s Legislative Liaison for New York.

Only one New York animal shelter was still known to have utilized gassing as a means of terminating shelter animals’ lives, according to Bresch. However, Bresch emphasized, that fact doesn't undermine the significance of the new law.

“The passing of this bill is extremely important and precedential for its value,” Bresch told Zootoo Pet News. “It’s important for us to be able to say, ‘If this is the way the tide is going to flow, you can’t treat these animals inhumanely.’ Gassing does just that.’”

The Act, which amends the state's Agriculture and Markets Law, also stipulates that a only certified euthanasia technician, a licensed veterinarian, or a licensed veterinary technician, can perform intra-cardiac euthanasia, and that intra-cardiac injections can only be performed on an animal if it is heavily sedated, anesthetized or comatose.

New York joins West Virginia and Georgia in having passed similar legislation in 2009. Now 16 states, including New York, have some sort of ban on carbon monoxide gas chambers.

“Some of the pieces of legislation are more explicit than others, but that is definitely the trend,” explained Stephan Otto of the Animal Legal Defense Fund. “This year alone there were more states that contemplated prohibitions to this, as well as leaning toward more humane methods of euthanasia. It’s just increasing recognition of how horrific carbon monoxide chambers are for animals.”

Gassing of animals often results in slow, painful deaths, Otto said. “Our position -- and we are increasingly seeing more states adopt a similar stance -- is that we owe it to America’s animals to use the most humane methods of euthanasia available, when that is called for."

Bresch noted that gassing animals isn’t always an absolute means of killing.

“Animals can suffer if this is not done properly, and they may not be gassed entirely the first time around and then it has to be done again,” she said. “This obviously has led us and a lot of other people to consider how humane this treatment is.”

It also can be dangerous for shelter employees, according to Bresch, in case some of the carbon monoxide leaks into work areas.

The ASPCA has been lobbying for this bill for more than three years, after it approached Assemblywoman Paulin and asked her to sponsor legislation of this nature. Her support followed the ASPCA’s findings that some animal shelters were permitting insufficiently trained individuals to euthanize animals via intra-cardiac injection.

“When my veterinarian told me that euthanasia was not always a gentle way for animals to die, in fact, that if applied incorrectly, it could lead to excruciating pain in their final minutes of life, I knew we had to do something to change the legislation,” Paulin said in a statement issued by her office.

The Act calls for any animal gas chambers located within the state to be dismantled within 90 days of enactment, which was signed into law Oct. 9. It also says that no animals should be left unattended between the time the euthanasia procedure begins and death is confirmed. Violation of this is punishable by a civil penalty of not more than $500.

“We really want to make sure that this never becomes an issue again,” said Debra Lagapa, press secretary for Senator Oppenheimer. “The senator was thrilled that this bill was able to get signed into law. We see this as a great victory for animals across the state. No one wants to see these innocent animals put down, but it is necessary at times, and in that case we want to see that it is done in the most humane of fashions.”

Animal advocates, Bresch said, have remarked on how gassing -- as opposed to injecting an individual animal one has to actually face and encounter -- makes it easier for shelter employees to put down animals.

With this bill pushed forward and signed off on, the ASPCA is now focusing on passing a piece of comprehensive puppy mill legislation during 2009, Bresch said.

Amy Lieberman is a Zootoo Pet News correspondent covering New York and can be reached at alieberman@zootoo.com.