S T A T E O F N E W Y O R K
________________________________________________________________________
5246
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
___________
Introduced by M. of A. TITONE, CASTRO, COLTON, MENG, CUSICK, PHEFFER,
ZEBROWSKI, ENGLEBRIGHT, MAYERSOHN, McDONOUGH -- Multi-Sponsored by --
M. of A. COOK, CORWIN, GOTTFRIED, PERRY, SALADINO, SAYWARD, THIELE,
TOBACCO, WEISENBERG -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04588-01-1
A. 5246 2
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
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
A. 5246 3
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
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.
A. 5246 4
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
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.
A. 5246 5
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
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
A. 5246 6
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.
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.