Bill Text: NY A08142 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes minimum standards for the care and sale of cats and dogs by residential breeders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to agriculture [A08142 Detail]

Download: New_York-2017-A08142-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8142
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 31, 2017
                                       ___________
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Agriculture
        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to establishing minimum requirements for  residential
          breeders of cats and/or dogs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph and subdivision 4 of section  400  of
     2  the agriculture and markets law, the opening paragraph as added by chap-
     3  ter  259 of the laws of 2000 and subdivision 4 as amended by chapter 687
     4  of the laws of 2006, are amended and a new subdivision  5  is  added  to
     5  read as follows:
     6    As used in this article and article twenty-six-C of this chapter:
     7    4.  "Pet [Dealer"] dealer" means any person who engages in the sale or
     8  offering for sale of more than nine animals per year for profit  to  the
     9  public. Such definition shall include breeders who sell or offer to sell
    10  animals;  provided, however, that [a breeder who sells or offers to sell
    11  directly to the consumer fewer than twenty-five animals  per  year  that
    12  are  born  and raised on the breeder's residential premises shall not be
    13  considered a pet dealer as a result of selling or offering to sell  such
    14  animals.  Such definition] such term shall [further] not include a resi-
    15  dential breeder or duly incorporated humane societies dedicated  to  the
    16  care  of unwanted animals which make such animals available for adoption
    17  whether or not a fee for such adoption is charged.
    18    5. "Residential breeder" means a breeder who sells or offers  to  sell
    19  directly  to consumers fewer than thirty animals per year, that are born
    20  or raised on the breeder's residential premises.  A residential  breeder
    21  shall  not be deemed to be a pet dealer as a result of selling or offer-
    22  ing to sell such animals.
    23    § 2. The agriculture and markets law is amended by adding a new  arti-
    24  cle 26-C to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03832-01-7
        A. 8142                             2
     1                                 ARTICLE 26-C
     2                 MINIMUM REQUIREMENTS FOR RESIDENTIAL BREEDERS
     3  Section 420. Minimum standards of care.
     4          421. Records of sale.
     5          422. Inspections of residential breeders.
     6          423. Violations.
     7          424. Preemption of local laws.
     8    § 420. Minimum  standards  of  care. 1. Each residential breeder shall
     9  provide animals, except when there are instructions from a veterinarian,
    10  licensed pursuant to article one hundred thirty-five  of  the  education
    11  law,  to withhold food for medical reasons, with wholesome and palatable
    12  food, free from contamination and of  nutritional  value  sufficient  to
    13  maintain each animal in good health.
    14    2.  Water  shall  be supplied by a residential breeder to animals in a
    15  sanitary manner sufficient for each animal's needs,  except  when  there
    16  are  instructions  from a veterinarian, licensed pursuant to article one
    17  hundred thirty-five of the education law, to withhold water for  medical
    18  reasons.
    19    3.  In  the event that a residential breeder has a pregnant or nursing
    20  dog on his or her premises, he or she shall provide a whelping  area  or
    21  box for such dog.
    22    4.  Residential  breeders  shall ensure that all animals in their care
    23  are vaccinated as required by  state  or  local  law.  Each  residential
    24  breeder  shall  make  certain  that  veterinary care appropriate to each
    25  breed of animal is provided without undue  delay  when  necessary.  Each
    26  animal  shall  be  observed  each day by the residential breeder or by a
    27  person working under the residential breeder's supervision.
    28    5. No residential breeder shall knowingly sell any animal that  has  a
    29  diagnosed  congenital  condition  or  contagious  disease that adversely
    30  affects the health of the animal without first informing  the  consumer,
    31  in writing, of such condition.
    32    § 421. Records  of  sale.  1.  Each residential breeder shall keep and
    33  maintain records for each animal sold. The  records  shall  include  the
    34  name and address of the consumer to whom any animal is sold and the date
    35  of sale.
    36    2. Records of sale for each animal shall be maintained for a period of
    37  two years from the date of sale.
    38    § 422. Inspections of residential breeders. Inspections of residential
    39  breeders shall be made whenever in the discretion of the commissioner or
    40  his  or  her  authorized agents, a complaint warrants investigation. Any
    41  person conducting an inspection of a residential breeder  or  responding
    42  to  a  complaint concerning a residential breeder shall be a state offi-
    43  cial, police officer or peace officer specifically trained in the proper
    44  care of dogs and in the investigation and identification of  cruelty  to
    45  animals.
    46    § 423. Violations.  In  addition to any other penalty provided in this
    47  chapter, a residential breeder who violates any provisions of this arti-
    48  cle shall be guilty of a civil offense, for which a  fine  of  not  less
    49  than  one  hundred  dollars, nor more than one thousand dollars for each
    50  violation may be imposed.
    51    § 424. Preemption of local laws. The provisions of this article  shall
    52  apply  to  all municipalities, including cities with a population of one
    53  million or more, and shall supersede any local law, rule, regulation  or
    54  ordinance  regulating  or  licensing  breeders.  Nothing in this section
    55  shall be construed to limit or restrict any municipality from  enforcing
        A. 8142                             3
     1  any  local  law, rule, regulation or ordinance of general application to
     2  businesses governing public health, safety or the rights of consumers.
     3    §  3.  Subdivision  3  of  section 752 of the general business law, as
     4  amended by chapter 687 of the laws  of  2006,  is  amended  to  read  as
     5  follows:
     6    3.  For  purposes  of [section] sections seven hundred fifty-three and
     7  seven hundred fifty-three-c of this article, a "pet dealer"  shall  mean
     8  any  person who, in the ordinary course of business, engages in the sale
     9  or offering for sale of more than nine animals per year  for  profit  to
    10  the  public.  Such definition shall include breeders of animals who sell
    11  or offer for sale animals directly  to  a  consumer  but  it  shall  not
    12  include  duly  incorporated  humane  societies  dedicated to the care of
    13  unwanted animals which make such animals available for adoption  whether
    14  or  not  a  fee  for  such adoption is charged. For purposes of sections
    15  seven hundred fifty-three-a, seven hundred fifty-three-b[, seven hundred
    16  fifty-three-c,] and  seven  hundred  fifty-three-d  [and  seven  hundred
    17  fifty-three-e]  of  this article, "pet dealer" shall mean any person who
    18  engages in the sale or offering for sale of more than nine  animals  per
    19  year  for  profit  to the public. Such definition shall include breeders
    20  who sell animals; provided , however, that a  residential  breeder  [who
    21  sells  or offers to sell directly to the consumer fewer than twenty-five
    22  animals per year that are born and raised on  the  breeders  residential
    23  premises]  ,  as  defined in subdivision five of section four hundred of
    24  the agriculture and markets law, shall not be considered a pet dealer as
    25  a result of selling or offering to sell such  animals.  Such  definition
    26  shall  not  include  duly incorporated humane societies dedicated to the
    27  care of unwanted animals which make such animals available for  adoption
    28  whether or not a fee for such adoption is charged.
    29    § 4. This act shall take effect on the one hundred twentieth day after
    30  it shall have become a law.