S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4961--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the care and sale of dogs and cats by pet dealers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 400 of the agriculture and markets
law,  as  amended by chapter 687 of the laws of 2006, is amended to read
as follows:
  4. "Pet Dealer" means any person who (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
WHO  (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 who sell or offer to 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 breeder's residential
premises shall not be considered a pet dealer as a result of selling  or
offering to sell such animals. Such definition shall further], BUT 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.
  S  2.  Subdivision 1 of section 401 of the agriculture and markets law
is amended by adding a new paragraph (h) to read as follows:
  (H) PET DEALERS SHALL DESIGNATE AND  PROVIDE  AN  ISOLATION  AREA  FOR
ANIMALS  THAT  EXHIBIT  SYMPTOMS  OF DISEASE OR ILLNESS. THE LOCATION OF
SUCH DESIGNATED AREA MUST, TO THE SATISFACTION OF  THE  COMMISSIONER  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11160-03-9

              

S. 4961--A                          2

HIS  OR HER DESIGNEE, PREVENT OR REDUCE THE SPREAD OF DISEASE TO HEALTHY
ANIMALS.
  S  3. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401
of the agriculture and markets law are relettered paragraphs  (b),  (c),
(d) and (e) and a new paragraph (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.

S. 4961--A                          3

  [3.] (C) The date each animal was acquired.
  [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.

S. 4961--A                          4

  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
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

S. 4961--A                          5

compliance with the provisions of this article and with  the  provisions
of  article thirty-five-D of the general business law[, except for those
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. 4961--A                          6

  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:
  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.