S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3669
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to licensed
   pet breeders and brokers
 
   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
 section 409 to read as follows:
   § 409.  LICENSED  PET  BREEDERS  AND  BROKERS.    NOTWITHSTANDING  ANY
 PROVISION OF LAW TO THE CONTRARY, A PET DEALER SHALL ONLY PURCHASE A DOG
 OR CAT FOR RESALE FROM A BREEDER OR BROKER LICENSED BY THE UNITED STATES
 DEPARTMENT  OF  AGRICULTURE  OR  EXEMPT FROM UNITED STATES DEPARTMENT OF
 AGRICULTURE LICENSING PER UNITED STATES DEPARTMENT OF AGRICULTURE  REGU-
 LATION,  AND  SUCH BREEDER OR BROKER SHALL BE IN POSSESSION OF ALL OTHER
 LICENSES REQUIRED FOR A BREEDER OR BROKER BY THE  STATE  IN  WHICH  SUCH
 BREEDER  OR  BROKER  IS  LOCATED.  NO  PET  DEALER SHALL OBTAIN OR BE IN
 POSSESSION OF AN ANIMAL INTENDED FOR SALE ORIGINATING FROM A BREEDER  OR
 A BROKER THAT HAS RECEIVED:
   1.  A  DIRECT OR CRITICAL VIOLATION OF THE ANIMAL WELFARE ACT FROM THE
 UNITED STATES DEPARTMENT OF AGRICULTURE WITHIN THE PAST TWO YEARS;
   2. AN INDIRECT NO ACCESS VIOLATION ON EACH  OF  THE  TWO  MOST  RECENT
 INSPECTION  REPORTS  ISSUED  BY THE UNITED STATES DEPARTMENT OF AGRICUL-
 TURE;
   3. THREE OR MORE INDIRECT OR NON-CRITICAL  VIOLATIONS,  PROVIDED  SUCH
 VIOLATIONS  PERTAIN  TO THE HEALTH AND WELFARE OF AN ANIMAL AND WERE NOT
 ADMINISTRATIVE IN NATURE.  THE  INDIRECT  VIOLATIONS  PURSUANT  TO  THIS
 SUBDIVISION SHALL NOT INCLUDE THE VIOLATIONS PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION; OR
   4.  ANY  VIOLATIONS ON A STATE INSPECTION REPORT RELATED TO THE HEALTH
 AND WELFARE OF THE ANIMAL FROM THE BREEDER OR BROKER'S STATE  OF  ORIGIN
 WITHIN THE PAST TWO YEARS, IF APPLICABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08354-01-3
              

 A. 3669                             2
 
   §  2. Paragraph (h) of subdivision 2 of section 408 of the agriculture
 and markets law, as added by chapter 168 of the laws of 2017, is amended
 to read as follows:
   (h) The number of animals currently harbored by the applicant, INCLUD-
 ING A STATEMENT OF WHERE EACH ANIMAL WAS OBTAINED;
   §  3.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended and a new paragraph (g) is added to read as follows:
   (e)  The  applicant or registrant is determined by the commissioner to
 be in violation of section twenty-one hundred forty-one  of  the  public
 health  law  or  any  rule  or  regulation promulgated thereunder by the
 commissioner of health; [and]
   (f) The applicant or registrant, or an officer or  director  has  been
 responsible  in  whole  or  in  part  for any act on account of which an
 application for registration may be denied or a  registration  cancelled
 pursuant to the provisions of this article[.]; AND
   (G)  THE  APPLICANT OR REGISTRANT IS DETERMINED BY THE COMMISSIONER TO
 HAVE OBTAINED ANIMALS FROM A BREEDER OR A BROKER THAT HAS RECEIVED:
   (I) A DIRECT OR CRITICAL VIOLATION OF THE ANIMAL WELFARE ACT FROM  THE
 UNITED STATES DEPARTMENT OF AGRICULTURE WITHIN THE PAST TWO YEARS;
   (II)  AN  INDIRECT  NO ACCESS VIOLATION ON EACH OF THE TWO MOST RECENT
 INSPECTION REPORTS ISSUED BY THE UNITED STATES  DEPARTMENT  OF  AGRICUL-
 TURE;
   (III) THREE OR MORE INDIRECT OR NON-CRITICAL VIOLATIONS, PROVIDED SUCH
 VIOLATIONS  PERTAIN  TO THE HEALTH AND WELFARE OF AN ANIMAL AND WERE NOT
 ADMINISTRATIVE IN NATURE. THE  INDIRECT  VIOLATIONS  DESCRIBED  IN  THIS
 SUBPARAGRAPH  SHALL  NOT INCLUDE THE VIOLATIONS PURSUANT TO SUBPARAGRAPH
 (II) OF THIS PARAGRAPH; OR
   (IV) ANY VIOLATIONS ON A STATE INSPECTION REPORT RELATED TO THE HEALTH
 AND WELFARE OF THE ANIMAL FROM THE BREEDER OR BROKER'S STATE  OF  ORIGIN
 WITHIN THE PAST TWO YEARS, IF APPLICABLE.
   §  3-a. Paragraphs  (f) and (g) of subdivision 4 of section 408 of the
 agriculture and markets law, paragraph (f) as amended and paragraph  (g)
 as added by chapter 681 of the laws of 2022, are amended and a new para-
 graph (h) is added to read as follows:
   (f)  The  applicant  or registrant, or an officer or director has been
 responsible in whole or in part for any  act  on  account  of  which  an
 application  for  registration may be denied or a registration cancelled
 pursuant to the provisions of this article; [and]
   (g) The applicant or registrant was previously licensed as a pet deal-
 er pursuant to this article[.]; AND
   (H) THE APPLICANT OR REGISTRANT IS DETERMINED BY THE  COMMISSIONER  TO
 HAVE OBTAINED ANIMALS FROM A BREEDER OR A BROKER THAT HAS RECEIVED:
   (I)  A DIRECT OR CRITICAL VIOLATION OF THE ANIMAL WELFARE ACT FROM THE
 UNITED STATES DEPARTMENT OF AGRICULTURE WITHIN THE PAST TWO YEARS;
   (II) AN INDIRECT NO ACCESS VIOLATION ON EACH OF THE  TWO  MOST  RECENT
 INSPECTION  REPORTS  ISSUED  BY THE UNITED STATES DEPARTMENT OF AGRICUL-
 TURE;
   (III) THREE OR MORE INDIRECT OR NON-CRITICAL VIOLATIONS, PROVIDED SUCH
 VIOLATIONS PERTAIN TO THE HEALTH AND WELFARE OF AN ANIMAL AND  WERE  NOT
 ADMINISTRATIVE  IN  NATURE.  THE  INDIRECT  VIOLATIONS DESCRIBED IN THIS
 SUBPARAGRAPH SHALL NOT INCLUDE THE VIOLATIONS PURSUANT  TO  SUBPARAGRAPH
 (II) OF THIS PARAGRAPH; OR
   (IV) ANY VIOLATIONS ON A STATE INSPECTION REPORT RELATED TO THE HEALTH
 AND  WELFARE  OF THE ANIMAL FROM THE BREEDER OR BROKER'S STATE OF ORIGIN
 WITHIN THE PAST TWO YEARS, IF APPLICABLE.
 A. 3669                             3
 
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  681  of
 the  laws  of  2022,  shall not have taken effect on or before such date
 then section three-a of this act shall take effect on the same date  and
 in  the  same  manner as such chapter of the laws of 2022, takes effect;
 provided, further, however, that the amendments to section  408  of  the
 agriculture  and markets law made by sections two, three, and three-a of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.