S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6255
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by  M. of A. FALL -- 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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07381-01-9
              

 A. 6255                             2
 
   § 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.
   § 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.

 A. 6255                             3
 
 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.
   § 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.

 A. 6255                             4
 
   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 WHOM 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.
   § 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.

 A. 6255                             5
 
   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.
   § 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.
   §  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.
   § 427. VIOLATIONS. 1. IN ADDITION TO THE  PENALTIES  PROVIDED  FOR  IN
 THIS  SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE MAY

 A. 6255                             6
 
 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  SECTIONS
 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.
   §  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.
   §  2. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 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 TRANSFERRED THER-
 ETO 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.
   § 3. Section 401 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  SELLING  PETS.  PET  DEALERS  SHALL  ONLY  SELL PETS OBTAINED FROM
 LICENSED BREEDERS PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
   § 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.
   §  5.  This act shall take effect April 1, 2021. Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.