Relates to recordkeeping requirements for pet dealers

Summary of specific provisions

Section one amends section 402 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that no animals may be sold unless the pet dealer is in possession of the records for such animal. Records shall provide information such as the name and address of the person from whom the animal was acquired, and other information that is specified in subdivi- sion one of section 402. Every animal sold shall have undergone a veter- inary examination as mandated by section 755-a of the general business law. No pet dealer may purchase an animal from an unlicensed source when the pet dealer knows that such source is required to be licensed. All licensed pet dealers shall provide a written release to his or her designated veterinarian to allow such veterinarian to provide the commissioner, or his or her authorized agents, with access to all animal health records for each animal that is acquired, held, sold, or other- wise disposed of. All licensed pet dealers who sell, offer for sale, or negotiate the sale of animals with a registered dog or cat breed regis- try shall provide such registry associations with a written release to allow such associations to provide the commissioner, or his or her authorized agents, access to all animal breed registry records for each animal acquired, held, sold, or otherwise disposed of.

Section two amends subdivision 3 of section 403 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that a nonrefundable fee of one hundred dollars shall accompany each application for a license. Section two also provides that there shall no longer be a nonrefundable reduced fee of twenty-five dollars for those who engage in the sale of less than twenty-five animals in a year.

Section three amends subdivisions 10 and 11 of section 403 of the agri- culture and markets law, as added by chapter 259 of the laws of 2000. Subdivision 10 is amended and provides that the yearly fee for renewing a pet dealer's license shall be based on the gross sales receipts for the sale of animals for profit to the public in the previous year; one hundred dollars for sales less than fifty thousand dollars and three hundred dollars for sales of fifty thousand dollars or more. Subdivision 11 is amended and provides that any licensee that fails to conspicuously post his or her license shall be considered in violation of the agricul- ture and markets law and shall be subject to a penalty as set forth in section 406 of the agriculture and markets law.

Section four amends subdivision 2 of section 404 of the agriculture and markets law, as added by chapter 259 of the laws of 2000 by providing that it shall be a violation of the agriculture and markets law, subject

to a penalty as set forth in section 406 of the agriculture and markets law, to unreasonably refuse to allow the commissioner, or his or her authorized agents, to inspect records or pet dealer facilities.

Section five provides the effective date.

Justification

The overall goal of this legislation is to ensure proper care and good health of companion animals. For instance, the provision that requires pet dealers to acquire animals from a licensed source will help ensure that the original breeder or dealer complies with the law and, therefore, animals coming from that source are the product of good breeding practices and humane care. By allowing the commissioner of agriculture and markets, or his or her authorized agents, to have increased access to records will ensure that the source of animals sold to consumers in the state will be known, and that the animals under the dealers care are receiving proper veterinary care. Additionally, requir- ing dealers to conspicuously display his or her license will also ensure that the dealer is licensed and, therefore, gets inspected. The increased license fee affecting those whose gross sales receipts are fifty thousand dollars or more reflects a long-overdue increase and will provide needed revenue.

Prior legislative history

This is a new bill.

Fiscal implication

None to the state.

Effective date

This act shall take effect April 1, 2011; provided, however, that effectively immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act and its effective date are authorized and directed to be made and completed on or before such effective date.