BILL NUMBER:S2434

TITLE OF BILL:
An act
to amend the agriculture and markets law, the general business
law and the general municipal law,
in relation to the definition of pet dealer

PURPOSE:
To protect a greater number of consumers of dogs and cats by
increasing the number of people considered to be "pet dealers" with
regard to state inspections and already existing consumer protections
laws

SUMMARY OF PROVISIONS:
Section one amends subdivision 4 of section 400 of the agriculture and
markets law by adding that, in addition to any person who sells or
offers for sale more than nine animals per year for profit to the
public, a "pet dealer" shall also include a person who sells or
offers for sale more than nine animals a year for profit to any
broker, wholesale dealer, exhibitor, medical facility or licensed pet
dealer. A "pet dealer" shall also include a breeder who sells or
offers to sell twenty-five or more animals per year that are born and
raised on the breeder's residential premises to any broker, wholesale
dealer, exhibitor, medical facility or licensed pet dealer in
addition to sales or offerings directly to the consumer.
              

Section two amends subdivision .3 of section 752 of the general
business law - providing consumer protection with regard to the
purchase of dogs and cats - by expanding the definition of "pet
dealer" to include those who, not only sell or offer for sale more
than nine animals to the public, but also those who sell or offer for
sale nine or more animals to any broker, wholesale dealer, exhibitor,
medical facility or licensed pet dealer. "Pet dealer" shall also
include a breeder who sells or offers to sell twenty-five or more
animals per year that are born and raised on the breeder's
residential premises to any broker, wholesale dealer, exhibitor,
medical facility or licensed pet dealer, in addition to direct sale
to the consumer.

Section three amends subdivision 4 of section 209-cc of the general
municipal law by exempting pet dealers as defined in section 752 of
the general business law from the list of persons who
shall report to the clerk of the city, town, or village their owning,
possessing, or harboring a wild animal or a dangerous dog within this
state.

Section eight defines the effective date.

JUSTIFICATION:
The Pet Dealer Consumer Protection and Animal Care Standards Act
provides much-needed oversight to New York's pet industry. However,
ambiguities exist in the current law, diminishing the Act's original
intent. This legislation would close a glaring loophole in the law
that allows breeders to sell dogs and cats to wholesale dealers,
brokers, exhibitors, other pet dealers and medical facilities without


having to be licensed under Article 26-A. This omission also
compromises the intended purpose of the law. As such, breeders
typically operate very large kennels, thereby increasing the
potential for animal mismanagement. Indeed, many of these operations
are repeatedly cited by the United States Department of Agriculture's
Animal and Plant Health Inspection Service (APHIS) for violations of
the Animal Welfare Act (AWA).
Larger sellers breed literally thousands of dogs and cats annually,
with the largest breeding over 20,000 animals per year. Yet, APHIS
employs only about 70 inspectors to oversee every wholesaler and
breeder in the entire United States - the same inspectors responsible
for inspecting zoos, marine-mammal facilities and circuses. The
agency also demonstrates scant ability to pursue civil or criminal
sanctions for failure to comply with the AWA, leaving consumers
with no guarantee that animals purchased at their local pet store are
in good health and bred responsibly.

In addition, APHIS often does not conduct further site inspections
once the license of a repeat offender is revoked. Independent
investigations have found unlicensed breeders back in business almost
immediately following license revocation, virtually free from
reporting, record keeping, health and humane treatment requirements.
This leaves dogs and cats bred in such facilities susceptible to
improper breeding practices and cruelty, greatly increasing the risk
of chronic respiratory problems, hip dysplasia, crooked bones,
blindness, rage disease and other defects. No animal deserves to be
born and raised under such poor conditions. Additionally, because
such dealers are not licensed at the state level, state-licensed pet
stores must assume liability for these sick animals when recourse is
sought by customers under New York's pet "lemon law." This
legislation will also require more substantial state oversight of pet
wholesalers and brokers who transport and sell animals to pet shops.
Of those businesses licensed by APHIS, almost two-thirds are
wholesalers, many of which purchase animals from large breeders and
turn them over for profit by selling directly to retail stores or
medical facilities. Such businesses that enjoy little federal
oversight despite being licensed entities, further jeopardize public
and animal health and greatly compromise the consumer's right to a
healthy, happy companion animal. State supervision of the sale of
animals by pet dealers is within the public interest. By expanding
the definition of "pet dealer" to include a wider array of people or
entities that sell or breed dogs and cats, more consumers will be
protected by already existing laws.

State inspection to guarantee proper treatment and living conditions
of dogs and cats not only ensures that such animals are treated
humanely, but also ensures that consumers are purchasing healthy
companion animals. Currently, the animal "lemon law", section 752 of
the general business law, is designed to protect only the public with
regard to: returning an animal or
receiving a refund when a purchased dog or cat is unfit; guaranteeing
an examination of the animal by a licensed veterinarian; information
about the animal that must be delivered by the seller in writing;
information regarding pedigree of an animal; etc. This legislation
extends such consumer protection to brokers, wholesale dealers,
exhibitors, medical facilities and licensed pet dealers.


LEGISLATIVE HISTORY:
04/27/09 REFERRED TO AGRICULTURE
01/06/10 REFERRED TO AGRICULTURE

FISCAL IMPLICATIONS:
Cost of inspecting an increase number of sites.

EFFECTIVE DATE:
April 1, 2013