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

                                  7230

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and  the  state  finance
  law, in relation to the registration and regulation of animal breeders

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

  Section 1.  The agriculture and markets law is amended by adding a new
article 26-C to read as follows:
                               ARTICLE 26-C
                       CARE OF ANIMALS BY BREEDERS
SECTION 420. DEFINITIONS.
        421. PREEMPTION OF LOCAL LAWS.
        422. MINIMUM STANDARDS OF ANIMAL CARE.
        423. RECORDS OF PURCHASE AND SALE.
        424. LICENSES.
        425. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
        426. INSPECTION OF BREEDERS.
        427. VIOLATIONS.
        428. CONSTRUCTION WITH OTHER LAWS.
  S 420. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "ANIMAL" MEANS A DOG OR A CAT.
  2. "CONSUMER" MEANS ANY INDIVIDUAL PURCHASING AN ANIMAL FROM A  BREED-
ER. A BREEDER SHALL NOT BE CONSIDERED A CONSUMER.
  3.  "PERSON"  MEANS  ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY, ASSOCIATION, MUNICIPALITY OR OTHER LEGAL ENTITY.
  4. "BREEDER" MEANS ANY PERSON WHO BREEDS THREE  OF  MORE  ANIMALS  FOR
SALE  PER YEAR FOR PROFIT. SUCH TERM 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 421. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE  SHALL
APPLY  TO  ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE
MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION  OR
ORDINANCE  REGULATING  OR  LICENSING  BREEDERS.  NOTHING IN THIS SECTION

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

                                                           LBD04588-01-1

S. 7230                             2

SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM  ENFORCING
ANY  LOCAL  LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO
BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS.
  S 422. MINIMUM  STANDARDS  OF  ANIMAL CARE. BREEDERS SHALL COMPLY WITH
THE FOLLOWING MINIMUM STANDARDS OF CARE FOR EVERY ANIMAL IN THEIR CUSTO-
DY OR POSSESSION.
  1. HOUSING. (A) ANIMALS SHALL  BE  HOUSED  IN  PRIMARY  ENCLOSURES  OR
CAGES,  WHICH  SHALL BE CONSTRUCTED SO AS TO BE STRUCTURALLY SOUND. SUCH
ENCLOSURES SHALL BE MAINTAINED IN GOOD  REPAIR  TO  CONTAIN  THE  ANIMAL
HOUSED  INSIDE AND PROTECT IT FROM INJURY. SURFACES SHALL HAVE AN IMPER-
VIOUS SURFACE SO AS NOT TO PERMIT THE ABSORPTION OF FLUIDS AND WHICH CAN
BE THOROUGHLY AND REPEATEDLY CLEANED AND DISINFECTED  WITHOUT  RETAINING
ODORS.
  (B)  PRIMARY  ENCLOSURES  OR  CAGES  HOUSING THE ANIMALS SHALL PROVIDE
SUFFICIENT SPACE TO ALLOW EACH ANIMAL ADEQUATE FREEDOM  OF  MOVEMENT  TO
MAKE  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING THE ABILITY TO STAND UP,
TURN AROUND, AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED. IF  THE  FLOORING
IS  CONSTRUCTED  OF  METAL STRANDS, SUCH STRANDS SHALL EITHER BE GREATER
THAN ONE-EIGHTH INCH IN DIAMETER (NINE GAUGE WIRE) OR  SHALL  BE  COATED
WITH MATERIAL SUCH AS PLASTIC OR FIBERGLASS, AND SHALL BE CONSTRUCTED SO
AS  TO NOT ALLOW PASSAGE OF THE ANIMAL'S FEET THROUGH ANY OPENING IN THE
FLOOR OF THE ENCLOSURE. SUCH FLOORING SHALL NOT SAG OR BEND SUBSTANTIAL-
LY BETWEEN STRUCTURAL SUPPORTS.
  (C) HOUSING FACILITIES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES  TO
PROVIDE  FOR  THE HEALTH AND WELL-BEING OF THE ANIMAL. VENTILATION SHALL
BE PROVIDED BY NATURAL OR MECHANICAL  MEANS,  SUCH  AS  WINDOWS,  VENTS,
FANS,  OR AIR CONDITIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE
DRAFTS, ODORS, AND MOISTURE CONDENSATION.
  (D) THE TEMPERATURE SURROUNDING THE ANIMAL SHALL  BE  COMPATIBLE  WITH
THE  HEALTH AND WELL-BEING OF THE ANIMAL. TEMPERATURE SHALL BE REGULATED
BY HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH ANIMAL FROM EXTREMES
OF TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW  OR  RISE  ABOVE
RANGES  WHICH  WOULD  POSE  A  HEALTH  HAZARD  TO THE ANIMAL. THIS SHALL
INCLUDE SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS.
  (E) THE INDOOR FACILITIES HOUSING THE ANIMALS SHALL BE  PROVIDED  WITH
ADEQUATE  LIGHTING  SUFFICIENT TO PERMIT ROUTINE INSPECTION AND CLEANING
AND BE ARRANGED SO THAT EACH ANIMAL IS PROTECTED FROM EXCESSIVE  ILLUMI-
NATION WHICH POSES A HEALTH HAZARD TO THE ANIMAL.
  (F)  THE  INDOOR AND OUTDOOR FACILITIES HOUSING THE ANIMALS, INCLUDING
THE PRIMARY ENCLOSURE OR CAGE, SHALL BE DESIGNED TO ALLOW FOR THE  EFFI-
CIENT  ELIMINATION OF ANIMAL WASTE AND WATER IN ORDER TO KEEP THE ANIMAL
DRY  AND  PREVENT  THE  ANIMAL  FROM  COMING  INTO  CONTACT  WITH  THESE
SUBSTANCES.  IF DRAINS ARE USED THEY SHALL BE CONSTRUCTED IN A MANNER TO
MINIMIZE  FOUL ODORS AND BACKUPS OF SEWAGE. IF A DRAINAGE SYSTEM IS USED
IT SHALL COMPLY WITH FEDERAL, STATE AND LOCAL LAWS RELATING TO POLLUTION
CONTROL.
  (G) IN THE EVENT THAT A BREEDER HAS A PREGNANT OR NURSING DOG  ON  HIS
OR HER PREMISES, THE BREEDER SHALL PROVIDE A WHELPING BOX FOR SUCH DOG.
  2.  SANITATION.  HOUSING  FACILITIES, INCLUDING PRIMARY ENCLOSURES AND
CAGES, SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO MAINTAIN A HEALTHY
ENVIRONMENT FOR THE ANIMAL. THIS SHALL INCLUDE REMOVING  AND  DESTROYING
ANY  AGENTS INJURIOUS TO THE HEALTH OF THE ANIMAL AND PERIODIC CLEANING.
THE PRIMARY ENCLOSURE OR CAGE SHALL BE CONSTRUCTED SO  AS  TO  ELIMINATE
EXCESS  WATER,  EXCRETIONS,  AND  WASTE MATERIAL. UNDER NO CIRCUMSTANCES
SHALL THE ANIMAL REMAIN INSIDE THE PRIMARY ENCLOSURE OR CAGE WHILE IT IS
BEING CLEANED WITH STERILIZING AGENTS OR  AGENTS  TOXIC  TO  ANIMALS  OR

S. 7230                             3

CLEANED  IN  A  MANNER  LIKELY  TO THREATEN THE HEALTH AND SAFETY OF THE
ANIMAL. TRASH AND WASTE PRODUCTS  ON  THE  PREMISES  SHALL  BE  PROPERLY
CONTAINED  AND  DISPOSED  OF  SO  AS  TO  MINIMIZE THE RISKS OF DISEASE,
CONTAMINATION, AND VERMIN.
  3.  FEEDING AND WATERING. (A) ANIMALS SHALL BE PROVIDED WITH WHOLESOME
AND PALATABLE FOOD, FREE FROM CONTAMINATION  AND  OF  NUTRITIONAL  VALUE
SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH.
  (B)  ANIMALS SHALL BE ADEQUATELY FED AT INTERVALS NOT TO EXCEED TWELVE
HOURS OR AT LEAST TWICE IN ANY TWENTY-FOUR  HOUR  PERIOD  IN  QUANTITIES
APPROPRIATE  FOR  THE ANIMAL SPECIES AGE, UNLESS DETERMINED OTHERWISE BY
AND UNDER THE DIRECTION OF A DULY LICENSED VETERINARIAN.
  (C) FOOD RECEPTACLES  SHALL  BE  PROVIDED  IN  SUFFICIENT  NUMBER,  OF
ADEQUATE  SIZE,  AND  SO LOCATED AS TO ENABLE EACH ANIMAL IN THE PRIMARY
ENCLOSURE OR CAGE TO BE SUPPLIED WITH AN ADEQUATE AMOUNT OF FOOD.
  (D) ANIMALS SHALL BE PROVIDED WITH  REGULAR  ACCESS  TO  CLEAN,  FRESH
WATER,  SUPPLIED  IN  A SANITARY MANNER SUFFICIENT FOR ITS NEEDS, EXCEPT
WHEN THERE ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN  TO  WITH-
HOLD WATER FOR MEDICAL REASONS.
  4. HANDLING. EACH ANIMAL SHALL BE HANDLED IN A HUMANE MANNER SO AS NOT
TO CAUSE THE ANIMAL PHYSICAL INJURY OR HARM.
  5. VETERINARY CARE. (A) ALL ANIMALS SHALL BE INOCULATED 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  BREEDER  OR  BY A PERSON WORKING UNDER THE
BREEDER'S SUPERVISION.
  (B) IF AN ANIMAL SUFFERS FROM A CONGENITAL  OR  HEREDITARY  CONDITION,
DISEASE  OR  ILLNESS WHICH, IN THE PROFESSIONAL OPINION OF THE BREEDER'S
VETERINARIAN,  REQUIRES  EUTHANASIA,  THE  VETERINARIAN  SHALL  HUMANELY
EUTHANIZE SUCH ANIMAL WITHOUT UNDUE DELAY.
  (C)  IN  THE EVENT AN ANIMAL IS RETURNED TO A BREEDER DUE TO A CONGEN-
ITAL OR HEREDITARY CONDITION, ILLNESS, OR DISEASE  REQUIRING  VETERINARY
CARE,  THE  BREEDER  SHALL, WITHOUT UNDUE DELAY, PROVIDE THE ANIMAL WITH
THE PROPER VETERINARY CARE.
  6. HUMANE EUTHANASIA. HUMANE EUTHANASIA OF AN ANIMAL SHALL BE  CARRIED
OUT  IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAP-
TER.
  S 423. RECORDS OF PURCHASE AND SALE. EACH BREEDER SHALL KEEP AND MAIN-
TAIN RECORDS FOR EACH ANIMAL PURCHASED, ACQUIRED, HELD, SOLD  OR  OTHER-
WISE DISPOSED OF. THE RECORDS SHALL INCLUDE THE FOLLOWING:
  1.  THE  NAME  AND  ADDRESS  OF  THE  PERSON FROM WHOM EACH ANIMAL WAS
ACQUIRED. IF THE PERSON FROM WHOM THE ANIMAL WAS OBTAINED IS  A  BREEDER
LICENSED  BY  THE  UNITED STATES DEPARTMENT OF AGRICULTURE, THE PERSON'S
NAME, ADDRESS, AND FEDERAL BREEDER IDENTIFICATION NUMBER. IN THE CASE OF
CATS, IF A CAT IS PLACED IN THE CUSTODY OR POSSESSION OF THE BREEDER AND
THE SOURCE OF ORIGIN IS UNKNOWN, THE BREEDER SHALL STATE THAT THE SOURCE
OF ORIGIN IS UNKNOWN, ACCOMPANIED BY THE DATE,  TIME,  AND  LOCATION  OF
RECEIPT.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO BREEDER
SHALL  KNOWINGLY BUY, SELL, EXHIBIT, TRANSPORT, OR OFFER FOR SALE, EXHI-
BITION OR TRANSPORTATION ANY STOLEN ANIMAL. NO BREEDER  SHALL  KNOWINGLY
SELL ANY CAT OR DOG YOUNGER THAN EIGHT WEEKS OF AGE.
  2.  THE  ORIGINAL  SOURCE  OF EACH ANIMAL IF DIFFERENT THAN THE PERSON
RECORDED IN SUBDIVISION ONE OF THIS SECTION.
  3. THE DATE EACH ANIMAL WAS ACQUIRED.
  4. 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

S. 7230                             4

SIGNIFICANT  IDENTIFICATION,  IF  KNOWN,  FOR EACH ANIMAL, INCLUDING ANY
OFFICIAL TAG NUMBER, TATTOO OR IMPLANT.
  5.  THE  NAME  AND  ADDRESS  OF THE PERSON TO WHOM ANY ANIMAL IS SOLD,
GIVEN OR BARTERED, OR TO WHO IT IS OTHERWISE TRANSFERRED  OR  DELIVERED.
THE RECORDS SHALL INDICATE THE DATE AND METHOD OF DISPOSITION.
  6.  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.
  S 424. LICENSES. 1. NO PERSON SHALL OPERATE AS A BREEDER  UNLESS  SUCH
PERSON  HOLDS  A  LICENSE ISSUED THEREFOR BY THE COMMISSIONER.  NOTWITH-
STANDING THE FORGOING, A BREEDER, IN OPERATION ON OR BEFORE  THE  EFFEC-
TIVE  DATE  OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL
LICENSE UNDER THIS ARTICLE SHALL BE AUTHORIZED TO OPERATE  WITHOUT  SUCH
LICENSE  UNTIL  THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY
TO BE HEARD, DECLINES TO GRANT SUCH  LICENSE.  EACH  APPLICATION  FOR  A
LICENSE  SHALL  BE  MADE  ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL
CONTAIN SUCH INFORMATION AS MAY BE REQUIRED BY THE  DEPARTMENT.  RENEWAL
APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS
PRIOR TO THE COMMENCEMENT OF THE NEXT LICENSE YEAR.
  2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS
SECTION TO ISSUE BREEDER LICENSES TO THE COUNTY OR CITY WHERE THE BREED-
ER IS SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE PURSUANT TO
AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY OR COUNTY.
  3.  EACH  APPLICATION  FOR A LICENSE SHALL BE ACCOMPANIED BY A NON-RE-
FUNDABLE FEE OF ONE HUNDRED DOLLARS,  EXCEPT  THAT  THOSE  BREEDERS  WHO
ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR, SHALL PAY
A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS.
  4.  THE  MONEYS  RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE "BREEDER LICENSING FUND" ESTABLISHED  PURSUANT
TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW.
  5.  WHERE  THE  AUTHORITY  TO ISSUE BREEDER LICENSES IS DELEGATED TO A
COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT  COUNTY
OR  CITY  SHALL,  ON OR BEFORE THE FIFTH DAY OF EACH MONTH, REMIT TO THE
APPROPRIATE MUNICIPAL FINANCIAL  OFFICER  ONE  HUNDRED  PERCENT  OF  ALL
LICENSE  FEES COLLECTED DURING THE PRECEDING MONTH. THE REMITTANCE SHALL
BE ACCOMPANIED BY A REPORT OF LICENSE SALES MADE DURING  SUCH  MONTH.  A
COPY  OF  SUCH  REPORT SHALL SIMULTANEOUSLY BE SENT TO THE COMMISSIONER.
ALL LICENSE FEES SO REMITTED SHALL BE THE PROPERTY OF THE  MUNICIPALITY,
AND  SHALL  BE USED SOLELY FOR THE PURPOSE OF CARRYING OUT AND ENFORCING
THE PROVISIONS OF THIS ARTICLE  AND  OF  ARTICLE  THIRTY-FIVE-D  OF  THE
GENERAL BUSINESS LAW.
  6.  INSPECTION  IN  ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-SIX OF
THIS ARTICLE,  THE  RESULTS  OF  WHICH  ESTABLISH  COMPLIANCE  WITH  THE
PROVISIONS   OF   THIS  ARTICLE  AND  WITH  THE  PROVISIONS  OF  ARTICLE
THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW  REGARDING  RECORDKEEPING  AND
CONSUMER DISCLOSURE REQUIREMENTS FOR BREEDERS, SHALL PRECEDE ISSUANCE OF
A LICENSE OR RENEWAL THEREOF UNDER THIS SECTION.
  7.  UPON  VALIDATION BY THE COMMISSIONER OR THE COUNTY OR CITY AUTHOR-
IZED UNDER THIS SECTION TO ISSUE BREEDER LICENSES, THE APPLICATION SHALL
BECOME THE LICENSE OF THE BREEDER.
  8. THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE  BREED-
ER.   THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE. IN THOSE
COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING AUTHORITY TO
THE COUNTY OR CITY THAT COUNTY OR CITY SHALL,  PROVIDE  A  COPY  OF  THE

S. 7230                             5

LICENSE  TO  THE  BREEDER  AND A COPY TO THE COMMISSIONER. THE COUNTY OR
CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN RECORDS.
  9.  NO  BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR AVAILABILITY OF
ANY DOG OR CAT UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOMPANIED BY
THE BREEDER'S LICENSE NUMBER. NOTWITHSTANDING THE FOREGOING, A  BREEDER,
IN  OPERATION  ON  OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, WHO HAS
FILED AN APPLICATION FOR THE INITIAL  LICENSE  UNDER  THIS  ARTICLE  MAY
PUBLISH  OR ADVERTISE THE SALE OF AVAILABILITY OF ANY ANIMAL WITHOUT THE
PUBLICATION OR ADVERTISEMENT BEING ACCOMPANIED BY THE BREEDER'S  LICENSE
NUMBER UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO
BE HEARD, DECLINES TO GRANT SUCH LICENSE.
  10.  SUCH  LICENSE  SHALL  BE  RENEWABLE  ANNUALLY,  TOGETHER WITH THE
PAYMENT OF A NON-REFUNDABLE FEE OF ONE HUNDRED DOLLARS, OR UPON  PAYMENT
OF  A  NON-REFUNDABLE  FEE OF TWENTY-FIVE DOLLARS FOR THOSE BREEDERS WHO
ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR.
  11. BREEDERS SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES
WHERE THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN  BY
POTENTIAL CONSUMERS.
  S 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. THE COMMISSIONER MAY
DECLINE TO GRANT OR RENEW OR MAY SUSPEND OR REVOKE A BREEDER LICENSE, ON
ANY OF THE FOLLOWING GROUNDS:
  1. MATERIAL MISSTATEMENT IN LICENSE APPLICATION; OR
  2. MATERIAL MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO BE
KEPT PURSUANT TO THIS ARTICLE OR UNDER ANY REGULATION PROMULGATED THERE-
UNDER,  OR  FAILURE  TO  ALLOW THE COMMISSIONER OR HIS OR HER AUTHORIZED
AGENTS TO INSPECT RECORDS OR BREEDER FACILITIES.
  3. VIOLATION OF ANY PROVISION OF  THIS  ARTICLE  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,  CRUELTY  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  ENDAN-
GERMENT OF THE LIFE OR HEALTH OF AN ANIMAL.
  4. BEFORE ANY LICENSE SHALL BE SUSPENDED OR REVOKED, THE COMMISSIONER,
OR  ANY HEARING OFFICER HE OR SHE MAY DESIGNATE, SHALL HOLD A HEARING OR
UPON DUE NOTICE TO THE LICENSEE,  IN  ACCORDANCE  WITH  ANY  REGULATIONS
PROMULGATED  BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND
FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  5. 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.
  S 426. INSPECTION OF BREEDERS. THE BREEDER  SHALL,  AT  THE  BREEDER'S
EXPENSE,  HAVE  A  VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW AT A MINIMUM  OF  SIX  MONTH  INTERVALS
INSPECT  HIS OR HER RECORDS, FACILITIES AND ANIMALS TO ENSURE COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE. THE VETERINARIAN  ENGAGED  IN  THIS
INSPECTION  SHALL  CERTIFY  THAT  THE BREEDER IS IN COMPLIANCE WITH THIS
SECTION AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE  VETERINARY
SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER.
  S  427.  VIOLATIONS.  1.  IN ADDITION TO THE PENALTIES PROVIDED FOR IN
THIS SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE  MAY
BE  SUBJECT  TO THE DENIAL, REVOCATION, SUSPENSION OR REFUSAL OF RENEWAL
OF HIS OR HER LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  FOUR
HUNDRED TWENTY-FIVE OF THIS ARTICLE.

S. 7230                             6

  2. VIOLATION OF ANY PROVISION IN THIS ARTICLE, IS A CIVIL OFFENSE, FOR
WHICH  A  PENALTY  OF  NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
  3.  THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY THE
DEPARTMENT AND BY A COUNTY OR CITY TO WHICH THE COMMISSIONER HAS  DELEG-
ATED  HIS  OR HER LICENSING AND INSPECTION AUTHORITY PURSUANT TO SECTION
FOUR HUNDRED TWENTY-FOUR AND FOUR HUNDRED TWENTY-SIX  OF  THIS  ARTICLE,
AND  ALL  MONEYS  COLLECTED THEREAFTER SHALL BE RETAINED BY SUCH MUNICI-
PALITY OR LOCAL GOVERNMENT.
  S 428. CONSTRUCTION WITH OTHER LAWS. 1. NOTHING IN THIS ARTICLE  SHALL
BE  CONSTRUED  TO  LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING  OTHER
PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER LAW RELAT-
ING TO THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
  2.  THE PROVISIONS OF THIS ARTICLE SHALL NOT PERTAIN TO NOT-FOR-PROFIT
ORGANIZATIONS.
  S 2. The state finance law is amended by adding a new section 98-d  to
read as follows:
  S  98-D. BREEDER LICENSING FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE "BREEDER LICENSING FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
TWENTY-SIX-C  OF  THE  AGRICULTURE  AND  MARKETS  LAW, EXCEPT FOR MONIES
COLLECTED  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION   FOUR   HUNDRED
TWENTY-FOUR  OF  SUCH  ARTICLE,  AND ALL OTHER MONIES CREDITED OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED SOLELY  FOR  THE  PURPOSES  OF
CARRYING  OUT  THE  PROVISIONS  OF  ARTICLE THIRTY-FIVE-D OF THE GENERAL
BUSINESS LAW AND ARTICLE TWENTY-SIX-C OF  THE  AGRICULTURE  AND  MARKETS
LAW.  MONIES  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF  AGRI-
CULTURE  AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONIES
ON DEPOSIT IN THE BREEDER LICENSING FUND SHALL BE RETAINED IN AND BECOME
PART OF SUCH FUND.
  S 3. Section 401 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  PET  DEALERS  SHALL ONLY SELL PETS OBTAINED FROM LICENSED BREEDERS
PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
  S 4. Subdivision 6 of section 402 of the agriculture and  markets  law
is  renumbered subdivision 7 and a new subdivision 6 is added to read as
follows:
  6. FOR ALL ANIMALS BOUGHT BY THE PET DEALER, THE PET DEALER MUST  HAVE
A RECORD THAT SUCH PURCHASE CAME FROM A BREEDER WHICH IS EITHER LICENSED
OR EXEMPT PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
  S 5. This act shall take effect April 1, 2013; provided, however, that
any  rules and/or regulations necessary for the timely implementation of
this act on its effective date shall be promulgated on  or  before  such
date.