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S 3. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401
of the agriculture and markets law, as added by chapter 259 of the laws
of 2000, are relettered paragraphs (b), (c), (d) and (e) and a new para-
graph (a) is added to read as follows:
(A) ANY PET DEALER DULY LICENSED PURSUANT TO THIS ARTICLE SHALL DESIG-
NATE AND EMPLOY AN ATTENDING VETERINARIAN, WHO SHALL PROVIDE ADEQUATE
VETERINARY CARE TO HIS OR HER ANIMALS UNDER FORMAL ARRANGEMENTS. IN THE
CASE OF A PART-TIME ATTENDING VETERINARIAN OR CONSULTANT ARRANGEMENTS,
SUCH FORMAL ARRANGEMENTS SHALL INCLUDE A WRITTEN PROGRAM OF VETERINARY
CARE AND REGULARLY SCHEDULED VISITS TO THE PET DEALER'S PREMISES. EACH
PET DEALER SHALL ESTABLISH AND MAINTAIN, IN COORDINATION WITH HIS OR HER
VETERINARIAN, A PROGRAM OF VETERINARY THAT SHALL INCLUDE:
(I) THE AVAILABILITY OF APPROPRIATE FACILITIES, PERSONNEL, EQUIPMENT,
AND SERVICES TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
(II) THE USE OF APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
TREAT DISEASES AND INJURIES, AND THE AVAILABILITY OF EMERGENCY, WEEKEND,
AND HOLIDAY CARE;
(III) DAILY OBSERVATION OF ALL ANIMALS TO ASSESS THEIR HEALTH AND
WELL-BEING; PROVIDED, HOWEVER, THAT DAILY OBSERVATION OF ANIMALS MAY BE
ACCOMPLISHED BY SOMEONE OTHER THAN THE ATTENDING VETERINARIAN; AND
PROVIDED, FURTHER, THAT A MECHANISM OF DIRECT AND FREQUENT COMMUNICATION
IS REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION ON PROBLEMS OF
ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
VETERINARIAN;
(IV) ADEQUATE GUIDANCE TO PERSONNEL INVOLVED IN THE CARE AND USE OF
ANIMALS REGARDING HANDLING, IMMOBILIZATION, ANESTHESIA, ANALGESIA, TRAN-
QUILIZATION, AND EUTHANASIA; AND
(V) ADEQUATE PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE
WITH ESTABLISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
S 4. Section 401 of the agriculture and markets law is amended by
adding a new subdivision 7 to read as follows:
7. EXERCISE REQUIREMENTS. PET DEALERS SHALL DEVELOP AND MAINTAIN AN
APPROPRIATE PLAN, APPROVED BY THE COMMISSIONER OR HIS OR HER DESIGNEE,
TO PROVIDE ANIMALS WITH THE OPPORTUNITY FOR EXERCISE. SUCH PLAN SHALL
INCLUDE WRITTEN STANDARD PROCEDURES THAT, AT A MINIMUM, COMPLY WITH
FEDERAL STANDARDS FOR EXERCISE PRESCRIBED IN 9 CFR S 3.8.
S 5. Section 402 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, is amended to read as follows:
S 402. Records of purchase and sale. 1. Each pet dealer shall keep
and maintain records for each animal purchased, acquired, held, sold, or
otherwise disposed of. The records shall include the following:
[1.] (A) The name and address of the person from whom each animal was
acquired. If the person from whom the animal was obtained is a dealer
licensed by the United States department of agriculture, the person's
name, address, and federal dealer identification number. In the case of
cats, if a cat is placed in the custody or possession of the pet dealer
and the source of origin is unknown, the pet dealer shall state the
source of origin as unknown, accompanied by the date, time, and location
of receipt. Notwithstanding the provisions of this subdivision, no pet
dealer shall knowingly buy, sell, exhibit, transport, or offer for sale,
exhibition, or transportation any stolen animal. No pet dealer shall
knowingly sell any cat or dog younger than eight weeks of age.
[2.] (B) The original source of each animal if different than the
person recorded in [subdivision one] PARAGRAPH (A) of this [section]
SUBDIVISION.
[3.] (C) The date each animal was acquired.
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[4.] (D) A description of each animal showing age, color, markings,
sex, breed, and any inoculation, worming, or other veterinary treatment
or medication information available. Records shall also include any
other significant identification, if known, for each animal, including
any official tag number, tattoo, or implant.
[5.] (E) The name and address of the person to whom any animal is
sold, given, or bartered or to whom it is otherwise transferred or
delivered. The records shall indicate the date and method of disposi-
tion.
[6.] 2. Records for each animal shall be maintained for a period of
two years from the date of sale or transfer, whichever occurs later.
During normal business hours, the records shall be made available to
persons authorized by law to enforce the provisions of this article.
3. NO ANIMAL MAY BE SOLD TO THE PUBLIC BY A PET DEALER WITHOUT THE
PET DEALER BEING IN POSSESSION OF THE RECORDS FOR THAT ANIMAL AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION AND THAT ANIMAL HAVING
UNDERGONE THE VETERINARY EXAMINATION MANDATED BY SECTION SEVEN HUNDRED
FIFTY-THREE-A OF THE GENERAL BUSINESS LAW.
4. NO PET DEALER MAY PURCHASE AN ANIMAL FROM A SOURCE THAT IS KNOWN OR
REASONABLY SHOULD BE KNOWN BY THE PET DEALER TO BE REQUIRED TO BE
LICENSED UNDER THIS ARTICLE, OR BY THE UNITED STATES DEPARTMENT OF AGRI-
CULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT, IF THAT SOURCE DOES NOT
POSSESS A VALID LICENSE FROM SUCH AGENCY.
5. ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE A
WRITTEN RELEASE TO HIS OR HER DESIGNATED VETERINARIAN TO ALLOW SUCH
VETERINARIAN TO PROVIDE THE COMMISSIONER, OR HIS OR HER AUTHORIZED
AGENTS, ACCESS TO ALL ANIMAL HEALTH RECORDS FOR EACH ANIMAL ACQUIRED,
HELD, SOLD, OR OTHERWISE DISPOSED OF.
6. ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE WHO SELLS, OFFERS
FOR SALE OR NEGOTIATES THE SALE OF ANIMALS WITH A REGISTERED DOG OR CAT
BREED REGISTRY SHALL PROVIDE A WRITTEN RELEASE TO SUCH REGISTRY ASSOCI-
ATIONS TO ALLOW SUCH ASSOCIATIONS TO PROVIDE THE COMMISSIONER, OR HIS OR
HER AUTHORIZED AGENTS, ACCESS TO ALL ANIMAL BREED REGISTRY RECORDS FOR
EACH ANIMAL ACQUIRED, HELD, SOLD, OR OTHERWISE DISPOSED OF.
S 6. Subdivision 3 of section 403 of the agricultural and markets law,
as added by chapter 259 of the laws of 2000, is amended to read as
follows:
3. Each application for a license shall be accompanied by a nonrefund-
able fee of one hundred dollars[, except that those pet dealers who
engage in the sale of less than twenty-five animals in a year, shall pay
a nonrefundable fee of twenty-five dollars].
S 7. Subdivisions 10 and 11 of section 403 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, are amended to
read as follows:
10. Such license shall be renewable annually, together with the
payment of a nonrefundable fee [of one hundred dollars, or upon payment
of a nonrefundable fee of twenty-five dollars for those pet dealers who
engage in the sale of less than twenty-five animals in a year] BASED ON
THE GROSS SALES RECEIPTS FROM THE SALE OF ANIMALS FOR PROFIT TO THE
PUBLIC BY THE LICENSEE IN THE PRIOR YEAR. FOR LICENSEES WITH GROSS SALES
RECEIPTS FROM SUCH SALES OF UNDER FIFTY THOUSAND DOLLARS, THAT FEE SHALL
BE ONE HUNDRED DOLLARS; FOR LICENSEES WITH GROSS SALES RECEIPTS FROM
SUCH SALES OF FIFTY THOUSAND DOLLARS OR MORE, THAT FEE SHALL BE THREE
HUNDRED DOLLARS.
11. Pet dealers shall conspicuously display their license on the prem-
ises where the animals are kept for sale so that they may be readily
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seen by potential consumers. ANY LICENSEE THAT FAILS TO CONSPICUOUSLY
POST THEIR LICENSE AS REQUIRED BY THIS SUBDIVISION SHALL BE CONSIDERED
IN VIOLATION OF THIS ARTICLE.
S 8. Section 404 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, is amended to read as follows:
S 404. License refusal, suspension, or revocation. 1. The commission-
er may decline to grant or renew or may suspend or revoke a pet dealer
license, on any one of the following grounds:
[1.] (A) Material misstatement in the license application.
[2.] (B) Material misstatement in or falsification of records required
to be kept pursuant to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner or his or her author-
ized agents to inspect records or pet dealer facilities. ANY REFUSAL TO
ALLOW THE COMMISSIONER, OR HIS OR HER AUTHORIZED AGENTS, TO INSPECT
RECORDS OR PET DEALER FACILITIES DURING NORMAL BUSINESS HOURS SHALL BE
CONSIDERED A VIOLATION OF THIS ARTICLE.
(C) THE APPLICANT OR HIS OR HER IMMEDIATE FAMILY MEMBERS, WITHIN THE
PREVIOUS FIVE YEARS, HELD A PET DEALER LICENSE THAT WAS REVOKED BY THE
COMMISSIONER PURSUANT TO THIS SECTION. FOR PURPOSES OF THIS SECTION, THE
DEFINITION OF "IMMEDIATE FAMILY MEMBERS" SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE APPLICANT'S HUSBAND, WIFE, FATHER, MOTHER, DAUGHTER,
SON, BROTHER, SISTER, STEPPARENT, GRANDPARENT, STEPCHILD OR GRANDCHILD.
[3.] (D) Violation of any provision of this article OR ARTICLE THIR-
TY-FIVE-D OF THE GENERAL BUSINESS LAW, or conviction of a violation of
any provision of article twenty-six of this chapter or regulations
promulgated thereunder pertaining to humane treatment of animals, cruel-
ty to animals, endangering the life or health of an animal, or violation
of any federal, state, or local law pertaining to the care, treatment,
sale, possession, or handling of animals or any regulation or rule
promulgated pursuant thereto relating to the endangerment of the life or
health of an animal.
[4.] 2. Before any license shall be suspended or revoked, the commis-
sioner, or any hearing officer he or she may designate, shall hold a
hearing, upon due notice to the licensee, in accordance with any regu-
lations promulgated by the department and in accordance with articles
three and four of the state administrative procedure act. SUCH A HEAR-
ING IS MANDATED TO BE HELD IF A LICENSEE FAILS EITHER THREE CONSECUTIVE
INSPECTIONS PURSUANT TO THIS SECTION OR THREE INSPECTIONS IN A THREE
YEAR PERIOD PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION SHALL
PROHIBIT THE COMMISSIONER FROM TAKING ADDITIONAL ACTIONS REGARDING SUCH
LICENSES PRIOR TO FAILURE BY A LICENSEE OF EITHER THREE CONSECUTIVE
INSPECTIONS OR THREE INSPECTIONS IN A THREE YEAR PERIOD.
[5.] 3. Any action of the commissioner shall be subject to judicial
review in a proceeding under article seventy-eight of the civil practice
law and rules.
4. THE REFUSAL, SUSPENSION, OR REVOCATION OR A PET DEALER'S LICENSE
UNDER THIS SECTION SHALL NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE, FOR
VIOLATIONS.
S 9. Subdivision 1 of section 405 of the agriculture and markets law,
as added by chapter 259 of the laws of 2000, is amended to read as
follows:
1. The commissioner or his or her authorized agents shall, at a mini-
mum, make yearly inspections of pet dealers' facilities to ensure
compliance with the provisions of this article and with the provisions
of article thirty-five-D of the general business law[, except for those
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pet dealers who engage in the sale of less than twenty-five animals in a
year, in which case inspections shall be made whenever in the discretion
of the commissioner or his or her authorized agents, a complaint
warrants such investigation].
S 10. Section 406 of the agriculture and markets law, as added by
chapter 259 of the laws of 2000, is amended to read as follows:
S 406. Violations. 1. In addition to the penalties provided for else-
where in this section, a pet dealer who violates any provisions of this
article OR ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW may be
subject to denial, revocation, suspension, or refusal of renewal of his
or her license in accordance with the provisions of section four hundred
four of this article.
2. Violation of any provision of this article, is a civil offense, for
which a penalty of not less than [fifty] TWO HUNDRED dollars and not
more than [one] TWO thousand FIVE HUNDRED dollars for each violation may
be imposed. THE COMMISSIONER SHALL, AMONG OTHER FACTORS HE OR SHE DEEMS
APPROPRIATE, CONSIDER THE SEVERITY OF THE VIOLATION AND THE SALES VOLUME
OF THE LICENSEE IN VIOLATION IN DETERMINING THE AMOUNT OF THE PENALTY.
3. The provisions of this article may be enforced concurrently by the
department and by the county or city to which the commissioner has
delegated his or her licensing and inspection authority pursuant to
section four hundred three and four hundred five of this article, and
all moneys collected thereunder shall be retained by such municipality
or local government.
4. THE COMMISSIONER OR HIS OR HER AUTHORIZED AGENTS MAY SUMMARILY
SUSPEND, BASED ON THE SEVERITY OF A VIOLATION, A PET DEALER'S LICENSE
UNTIL SUCH DEFICIENCIES ARE CORRECTED.
S 11. Subdivision 3 of section 752 of the general business law, as
amended by chapter 687 of the laws of 2006, is amended to read as
follows:
3. For purposes of [section seven hundred fifty-three of] this arti-
cle, a "pet dealer" shall mean any person who[, in the ordinary course
of business,]: (A) SELLS, OFFERS FOR SALE OR NEGOTIATES THE SALE OR
PURCHASE OF ANIMALS BORN OR RAISED ON ANOTHER PREMISES; (B) KEEPS ON HIS
OR HER PREMISES MORE THAN FOUR INTACT FEMALE DOGS SIX MONTHS OF AGE OR
OLDER FOR THE PURPOSE OF BREEDING SUCH DOGS; OR (C) engages in the sale
or offering for sale of more than nine animals per year for profit to
the public. Such definition shall include breeders [of animals] who sell
or offer for sale animals [directly to a consumer] but [it] shall not
include duly incorporated humane societies dedicated to the care of
unwanted animals which make such animals available for adoption whether
or not a fee for such adoption is charged. [For purposes of sections
seven hundred fifty-three-a, seven hundred fifty-three-b, seven hundred
fifty-three-c, seven hundred fifty-three-d and seven hundred fifty-
three-e of this article, "pet dealer" shall mean any person who engages
in the sale or offering for sale of more than nine animals per year for
profit to the public. Such definition shall include breeders who sell
animals; provided that a breeder who sells or offers to sell directly to
the consumer fewer than twenty-five animals per year that are born and
raised on the breeders residential premises shall not be considered a
pet dealer as a result of selling or offering to sell such animals. Such
definition shall not include duly incorporated humane societies dedi-
cated to the care of unwanted animals which make such animals available
for adoption whether or not a fee for such adoption is charged.]
S 12. Section 753-a of the general business law, as added by chapter
259 of the laws of 2000, is amended to read as follows:
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S 753-a. Veterinarian examination. 1. Within five business days of
receipt, but prior to the sale of any dog, the pet dealer shall have a
duly licensed veterinarian conduct an examination and PERFORM tests
appropriate to the breed and age to determine if the animal has any
medical conditions apparent at the time of the examination that adverse-
ly affect the health of the animal. For animals eighteen months of age
or older, such examination shall include a diagnosis of any congenital
conditions that adversely affect the health of the animal. Any animal
[found to be afflicted] DIAGNOSED with a contagious disease shall be
treated and caged separately from healthy animals IN ACCORDANCE WITH
SECTION FOUR HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
2. All animals shall be [inoculated] VACCINATED as required by state
or local law. Veterinary care appropriate to the species shall be
provided without undue delay when necessary. Each animal shall be
observed each day by the pet dealer or by a person working under the pet
dealer's supervision.
3. No pet dealer shall knowingly sell any animal [eighteen months of
age or older] that has a diagnosed congenital condition OR CONTAGIOUS
DISEASE that adversely affects the health of the animal without first
informing the consumer, in writing, of such condition.
S 13. Subdivision 1 of section 755 of the general business law, as
amended by chapter 259 of the laws of 2000, is amended to read as
follows:
1. In addition to the other remedies provided, whenever there shall be
a violation of this article, application may be made by the attorney
general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an injunc-
tion, and upon notice to the defendant of not less than five days, to
enjoin and restrain the continuance of such violations; and if it shall
appear to the satisfaction of the court or justice that the defendant
has, in fact, violated this article, an injunction may be issued by such
court or justice, enjoining and restraining any further violation, with-
out requiring proof that any person has, in fact, been injured or
damaged thereby. In any such proceeding, the court may make allowances
to the attorney general as provided in paragraph six of subdivision (a)
of section eighty-three hundred three of the civil practice law and
rules, and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not less than [fifty] TWO HUNDRED dollars and not more than
[one] TWO thousand FIVE HUNDRED dollars. In connection with any such
proposed application, the attorney general is authorized to take proof
and make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.
S 14. This act shall take effect April 1, 2010; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act and its
effective date are authorized and directed to be made and completed on
or before such effective date.