S T A T E O F N E W Y O R K
________________________________________________________________________
2143
2025-2026 Regular Sessions
I N A S S E M B L Y
January 15, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing duly incorporated humane societies, a duly incorporated society
for the prevention of cruelty to animals, pet dealers or any pound
maintained by or under contract or agreement with any county, city,
town or village microchip stray dogs or cats before being adopted
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 377-b to read as follows:
§ 377-B. MICROCHIPPING OF DOGS AND CATS. 1. A DULY INCORPORATED HUMANE
SOCIETY, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, OR ANY POUND MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT WITH
ANY COUNTY, CITY, TOWN OR VILLAGE SHALL MICROCHIP ANY DOG OR CAT FOUND
ABANDONED AND NOT PROPERLY CARED FOR, OR ANY LOST, STRAYED, HOMELESS OR
UNWANTED DOG OR CAT IF NO SUCH MICROCHIP IS FOUND PRIOR TO RELEASING
SUCH DOG OR CAT FOR ADOPTION OR RETURNING SUCH DOG OR CAT TO THE DOG OR
CAT'S OWNER.
2. A DULY INCORPORATED HUMANE SOCIETY, A DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY POUND MAINTAINED BY OR
UNDER CONTRACT OR AGREEMENT WITH ANY COUNTY, CITY, TOWN OR VILLAGE SHALL
PROVIDE BOTH WRITTEN AND VERBAL INSTRUCTIONS ON HOW TO REGISTER OR AMEND
MICROCHIP INFORMATION FOR ANIMALS.
3. PRIOR TO RELEASING SUCH DOG OR CAT INTO THE CUSTODY OF SUCH NEW
OWNER, A DULY INCORPORATED HUMANE SOCIETY, A DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY POUND MAINTAINED BY OR
UNDER CONTRACT OR AGREEMENT WITH ANY COUNTY, CITY, TOWN OR VILLAGE SHALL
CONFIRM THAT SUCH NEW OWNER HAS REGISTERED OR AMENDED SUCH CONTACT
INFORMATION WITH SUCH MICROCHIP COMPANY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD02504-02-5
A. 2143 2
§ 2. Subdivision 2 of section 374 of the agriculture and markets law,
as amended by chapter 421 of the laws of 2018, is amended to read as
follows:
2. In the absence of such findings or certification, a duly incorpo-
rated humane society, a duly incorporated society for the prevention of
cruelty to animals, or any pound maintained by or under contract or
agreement with any county, city, town or village may after five days
make available for adoption, SUBJECT TO THE PROVISIONS OF SECTION THREE
HUNDRED SEVENTY-SEVEN-B OF THIS ARTICLE or have humanely destroyed in
accordance with the provisions of this section and subject to subdivi-
sions six, eight and nine of section one hundred seventeen of this chap-
ter, any animal of which possession is taken as provided for in the
preceding section, unless the same is earlier redeemed by its owner.
Notwithstanding the redemption periods set forth above in this subdivi-
sion, any municipality may establish the duration of such periods by
local law or ordinance for any cat whose owner cannot be identified by a
collar, tag, microchip, tattoo or other identifying mark, provided that
no such period shall be less than three days, and provided further that
such cat be made available solely for the purposes of adoption, SUBJECT
TO THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-SEVEN-B OF THIS ARTI-
CLE and [released to an adoptive owner] following an examination by a
duly-licensed veterinarian, the details of which shall be provided to
the adoptive owner.
§ 3. Subparagraphs 2 and 3 of paragraph b of subdivision 6 of section
373 of the agriculture and markets law, subparagraph 2 as amended by
section 24 of part T of chapter 59 of the laws of 2010, and subparagraph
3 as added by chapter 256 of the laws of 1997, are amended to read as
follows:
(2) If the court orders the posting of a security, the security shall
be posted with the clerk of the court within five business days of the
hearing provided for in subparagraph one of this paragraph. The court
may order the immediate forfeiture of the seized animal to the impound-
ing organization if the person ordered to post the security fails to do
so. Any animal forfeited shall be made available for adoption, SUBJECT
TO THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-SEVEN-B OF THIS ARTI-
CLE, or euthanized subject to subdivision seven-a of section one hundred
seventeen of this chapter or section three hundred seventy-four of this
article.
(3) In the case of an animal other than a companion animal or pet, if
a person ordered to post security fails to do so, the court may, in
addition to the forfeiture to a duly incorporated society for the
prevention of cruelty to animals, humane society, pound, animal shelter
or any authorized agents thereof, and subject to the restrictions of
sections three hundred fifty-four, three hundred fifty-seven and three
hundred seventy-four of this article, order the animal which was the
basis of the order to be sold, provided that all interested persons
shall first be provided the opportunity to redeem their interest in the
animal and to purchase the interest of the person ordered to post secu-
rity, subject to such conditions as the court deems appropriate to
assure proper care and treatment of the animal. The court may reimburse
the person ordered to post security and any interested persons any money
earned by the sale of the animal less any costs including, but not
limited to, veterinary and custodial care. Any animal determined by the
court to be maimed, diseased, disabled or infirm so as to be unfit for
sale or any useful purpose shall be forfeited to a duly incorporated
society for the prevention of cruelty to animals or a duly incorporated
A. 2143 3
humane society or authorized agents thereof, and be available for
adoption, SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-
SEVEN-B OF THIS ARTICLE, or shall be euthanized subject to section three
hundred seventy-four of this article.
§ 4. Section 332 of the agriculture and markets law, as amended by
chapter 449 of the laws of 2010, is amended to read as follows:
§ 332. Disposition. Any person having in [his or her] SUCH PERSON'S
care, custody, or control any abandoned animal, as defined in section
three hundred thirty-one of this article, may deliver such animal to any
duly incorporated society for the prevention of cruelty to animals or
any duly incorporated humane society having facilities for the care and
eventual disposition of such animals, or, in the case of dogs, cats and
other small animals, to any pound maintained by or under contract or
agreement with any county, city, town, or village within which such
animal was abandoned. The person with whom the animal was abandoned
shall, however, on the day of divesting [himself or herself] SUCH PERSON
of possession thereof, notify the person who had placed such animal in
[his or her] SUCH PERSON'S custody of the name and address of the animal
society or pound to which the animal has been delivered, such notice to
be by registered letter mailed to the last known address of the person
intended to be so notified. If an animal is not claimed by its owner
within five days after being so delivered to such duly incorporated
society for the prevention of cruelty to animals, duly incorporated
humane society or pound, such animal may at any time thereafter be
placed for adoption, SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-SEVEN-B OF THIS CHAPTER, in a suitable home or euthanized in
accordance with the provisions of section three hundred seventy-four of
this chapter. In no event, however, shall the use of a decompression
chamber or decompression device of any kind be used for the purpose of
destroying or disposing of such animal.
§ 5. Subdivisions 7 and 7-a of section 117 of the agriculture and
markets law, subdivision 7 as amended by section 13 of part T of chapter
59 of the laws of 2010, and subdivision 7-a as amended by chapter 83 of
the laws of 2011, are amended to read as follows:
7. An owner shall forfeit title to any dog unredeemed at the expira-
tion of the appropriate redemption period, and the dog shall then be
made available for adoption, SUBJECT TO THE PROVISIONS OF SECTION THREE
HUNDRED SEVENTY-SEVEN-B OF THIS CHAPTER, or euthanized subject to subdi-
visions six, eight and nine of this section and subject to the
provisions of section three hundred seventy-four of this chapter. Any
municipality may by local law or ordinance establish additional condi-
tions for adoption including the requirement that adopted dogs shall be
spayed or neutered before or after release from custody upon such terms
and conditions as the municipality may establish.
7-a. Any animal in the custody of a pound or shelter shall be made
available for adoption, SUBJECT TO THE PROVISIONS OF SECTION THREE
HUNDRED SEVENTY-SEVEN-B OF THIS CHAPTER, or euthanized subject to subdi-
visions six, eight and nine of this section and subject to the
provisions of section three hundred seventy-four of this chapter after
the time for redemption has expired; provided, however, that such
release may be made to another such pound, duly incorporated society for
the prevention of cruelty to animals, duly incorporated humane society
or duly incorporated animal protective association for the sole purpose
of placing such animal in an adoptive home, when such action is reason-
ably believed to improve the opportunity for adoption.
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§ 6. Section 429 of the agriculture and markets law is amended by
adding a new subdivision 16 to read as follows:
16. (A) NO ANIMAL SHELTER SHALL RELEASE ANY DOG OR CAT, FOR THE
PURPOSES OF ADOPTION OR THE RETURN OF A LOST DOG OR CAT TO ITS OWNER,
UNLESS SUCH DOG OR CAT HAS BEEN INJECTED WITH A MICROCHIP AND THE ANIMAL
SHELTER HAS CONFIRMED THAT SUCH OWNER HAS REGISTERED OR AMENDED THE
CONTACT INFORMATION ASSOCIATED WITH SUCH MICROCHIP COMPANY, SUBJECT TO
THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-SEVEN-B OF THIS CHAPTER.
(B) EACH ANIMAL SHELTER SHALL PROVIDE OWNERS WITH WRITTEN INSTRUCTIONS
ON HOW TO REGISTER OR AMEND SUCH DOG OR CAT'S INFORMATION WITH THE
MICROCHIP COMPANY, SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-SEVEN-B OF THIS CHAPTER.
§ 7. The opening paragraph of subdivision 1 of section 380 of the
agriculture and markets law, as added by chapter 470 of the laws of 2017
and such section as renumbered by chapter 683 of the laws of 2022, is
amended to read as follows:
Consistent with the provisions of section one hundred seventeen of
this chapter and sections three hundred seventy-three and three hundred
seventy-four of this article, no later than twenty-four hours, or as
soon as practicable, after a companion animal that is a dog or a cat has
been seized or taken possession of, [except for such animals that have
been surrendered by the owner,] by any dog control officer, animal
control officer or peace officer acting pursuant to [his or her] SUCH
OFFICER'S special duties, or police officer in the employ of or under
contract with a municipality, or any duly incorporated society for the
prevention of cruelty to animals, PET DEALERS, duly incorporated humane
society, pound or shelter that is operated by or under contract to a
municipality, such officer, society, pound or shelter shall take steps
to:
§ 8. Section 401 of the agriculture and markets law is amended by
adding a new subdivision 9 to read as follows:
9. MICROCHIP. ALL DOGS AND CATS SHALL BE INJECTED WITH A MICROCHIP
PRIOR TO SUCH DOG OR CAT BEING OFFERED UP FOR SALE. SUCH PET DEALER
SHALL PROVIDE NEW OWNERS WITH WRITTEN INSTRUCTIONS ON HOW TO REGISTER OR
AMEND SUCH DOG OR CAT'S INFORMATION WITH SUCH MICROCHIP COMPANY.
FURTHER, SUCH PET DEALER SHALL CONFIRM SUCH NEW OWNER HAS REGISTERED OR
AMENDED THE CONTACT INFORMATION WITH SUCH MICROCHIP COMPANY PRIOR TO
RELEASING SUCH DOG OR CAT INTO THE CUSTODY OF SUCH NEW OWNER.
§ 9. This act shall take effect immediately; provided however, section
six of this act shall take effect on the same date and in the same
manner as section 2 of chapter 683 of the laws of 2022, takes effect.