S T A T E O F N E W Y O R K
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8146
2011-2012 Regular Sessions
I N A S S E M B L Y
June 2, 2011
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Introduced by M. of A. KATZ -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to permit-
ting and regulating backyard animal breeding; and to amend the state
finance law, in relation to the backyard breeder permit fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 403-a to read as follows:
3 S 403-A. BACKYARD BREEDERS. 1. ANY PERSON, EXCEPT FOR SOMEONE HAVING A
4 VALID PET DEALER LICENSE PURSUANT TO SECTION FOUR HUNDRED THREE OF THIS
5 ARTICLE, WHO, FOR PAY OR OTHER COMPENSATION, BREEDS A FEMALE DOG OR ANY
6 OTHER ANIMAL MUST OBTAIN AN ANIMAL BREEDING PERMIT FROM THE COMMISSION-
7 ER.
8 2. EACH APPLICATION FOR A PERMIT SHALL INCLUDE A NON-REFUNDABLE FEE OF
9 ONE HUNDRED FIFTEEN DOLLARS. EACH PERMIT WHEN ISSUED IS VALID FOR ONE
10 YEAR FROM THE DATE OF ISSUE AND AUTHORIZES THE WHELPING OF NO MORE THAN
11 ONE LITTER PER FEMALE ANIMAL IN ANY TWELVE MONTH PERIOD. RENEWAL APPLI-
12 CATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS
13 PRIOR TO THE EXPIRATION OF A CURRENTLY HELD PERMIT.
14 3. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS
15 SECTION TO ISSUE BACKYARD BREEDER PERMITS TO THE COUNTY OR CITY WHERE
16 THE PET BREEDER SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE
17 PURSUANT TO AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY
18 OF COUNTY.
19 4. MONIES RECEIVED BY THE COMMISSIONER FOR A PERMIT PURSUANT TO THIS
20 SECTION SHALL BE DEPOSITED IN THE BACKYARD BREEDER PERMIT FUND ESTAB-
21 LISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW. ALL
22 FUNDS DEPOSITED INTO SUCH FUND SHALL BE TRANSFERRED ON A YEARLY BASIS TO
23 THE DEPARTMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11385-02-1
A. 8146 2
1 5. WHERE THE AUTHORITY TO ISSUE A BACKYARD BREEDER PERMIT IS DELEGATED
2 TO THE COUNTY OR CITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
3 THAT COUNTY OR CITY MAY DEDUCT ANY ACTUAL AND NECESSARY COSTS ASSOCIATED
4 WITH OPERATION OF THE PROGRAM BEFORE REMITTING TO THE COMPTROLLER ALL
5 FEES COLLECTED DURING THE PRECEDING YEAR. THE REMITTANCE SHALL OCCUR ON
6 THE FIFTH DAY OF EACH YEAR AND BE ACCOMPANIED BY A REPORT OF PERMIT
7 SALES MADE DURING THE YEAR AND ANY REDUCTIONS MADE FOR ACTUAL COSTS OR
8 PROGRAM OPERATION EXPENSES. A COPY OF SUCH REPORT SHALL SIMULTANEOUSLY
9 BE SENT TO THE COMMISSIONER. ALL LICENSE FEES SO REMITTED SHALL BE
10 DEPOSITED IN THE BACKYARD BREEDER PERMIT FUND ESTABLISHED PURSUANT TO
11 SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
12 6. THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE BACK-
13 YARD BREEDER. THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE.
14 IN THOSE COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING
15 AUTHORITY TO THE COUNTY OR CITY THAT COUNTY OR CITY SHALL, PROVIDE A
16 COPY OF THE LICENSE TO THE PET DEALER AND A COPY TO THE COMMISSIONER.
17 THE COUNTY OR CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN
18 RECORDS.
19 7. NO BACKYARD BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR AVAIL-
20 ABILITY OF ANY ANIMAL UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOM-
21 PANIED BY THE BACKYARD BREEDER PERMIT NUMBER. NOTWITHSTANDING THE FORE-
22 GOING, A BACKYARD BREEDER IN OPERATION ON OR BEFORE THE EFFECTIVE DATE
23 OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE
24 UNDER THIS ARTICLE MAY PUBLISH OR ADVERTISE THE SALE OR AVAILABILITY OF
25 ANY ANIMAL WITHOUT THE PUBLICATION OR ADVERTISEMENT BEING ACCOMPANIED BY
26 THE BACKYARD BREEDER PERMIT NUMBER THE COMMISSIONER GRANTS OR, AFTER
27 NOTICE AND OPPORTUNITY TO BE HEARD, DECLINES TO GRANT SUCH PERMIT.
28 8. BACKYARD BREEDERS SHALL KEEP A COPY OF THEIR PERMIT ON THE PREMISES
29 WHERE THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN BY
30 POTENTIAL CONSUMERS.
31 9. BACKYARD BREEDERS SHALL BE REQUIRED TO MAINTAIN THE MINIMUM STAND-
32 ARDS OF ANIMAL CARE PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS ARTICLE
33 AND SHALL ADDITIONALLY BE SUBJECT TO INSPECTION PURSUANT TO SECTION FOUR
34 HUNDRED FIVE OF THIS ARTICLE.
35 10. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM, LIVESTOCK
36 OR OTHER AGRICULTURAL ANIMALS REGULATED UNDER OTHER PROVISIONS OF THIS
37 CHAPTER. NOR SHALL THEY ALLOW BACKYARD BREEDING WHERE SUCH ACTIVITY IS
38 PROHIBITED BY OTHER LAWS.
39 S 2. The state finance law is amended by adding a new section 99-u to
40 read as follows:
41 S 99-U. BACKYARD BREEDER PERMIT FUND. THERE IS HEREBY ESTABLISHED IN
42 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF AGRI-
43 CULTURE AND MARKETS A SPECIAL FUND TO BE KNOWN AS THE "BACKYARD BREEDER
44 PERMIT FUND".
45 SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED FOR THE PURPOSE OF
46 SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW. ANY
47 INTEREST EARNED BY THE INVESTMENT OF MONEYS IN SUCH FUND SHALL BE ADDED
48 TO SUCH FUND, BECOME A PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF
49 SUCH FUND.
50 S 3. This act shall take effect on the one hundred eightieth day after
51 it shall have become a law; provided that the commissioner of agricul-
52 ture and markets is authorized to promulgate any rules and regulations
53 necessary to implement this act on or before its effective date.