Limits intact animals and relates to the definition of pet dealers

Title of bill

An act to amend the agriculture and markets law, in relation to a limit on intact animals and the definition of pet dealers

Purpose or general idea of bill

To help curtail the abusive treatment that dogs and cats receive from pet dealers and breeders

Summary of specific provisions

Section one amends the agriculture and markets law by adding a new section 380 which provides that the number of dogs or cats with intact sexual organs - not spayed or neutered - that a person or business may own, possess, control or otherwise have charge or custody of shall be limited to fifty. A violation of this section is a class A misdemeanor.

Section two amends section 373 of the agriculture and markets law by adding a new subdivision 2-a which provides that an agent or officer may lawfully take possession of any animals kept in violation of new section 380 of the agriculture and markets law, provided that a proper warrant authorizing entry and search is issued by any magistrate authorized to issue warrants in criminal cases and such warrant is based on a complaint, made under oath or affirmation stating grounds that are just and reasonable.

Section three amends subdivision 4 of section 400 of the agriculture and markets law, as amended by chapter 687 of the laws of 2006, by providing that the definition of "pet dealer" shall include persons who sell or offer for sale nine or more animals at wholesale. Breeders who sell directly to the consumer or at wholesale shall be considered pet dealers.

Section four provides the effective date.

Justification

New York requires all pet dealers who sell to the public to obtain a license and adhere to certain humane provisions. Wholesalers, however, are exempt from the law. This legislation broadens the definition of "pet dealer" to include those who sell more than nine animals a year at wholesale. Current law provides that both breeders who sell fewer than twenty-five animals per year that are born and raised on the breeder's residential premises and sold directly to the consumer, and duly incorporated humane societies are not considered "pet dealers." New York law does not limit the number of animals a breeder may have. Some breeders have hundreds, and even thousands of animals. The conditions in which such animals live are often very poor. Such animals lack proper food, water, shelter, and veterinary care. Some animals live their entire lives within a cage, loosing the ability to walk. A common term for places that use abusive dog breeding practices is "puppy mills."

This legislation limits the number of dogs or cats that a breeder may own at one time to fifty when they have intact sexual organs. The effective date of one hundred eighty days gives owners ample time to comply with the amended law. However, should a breeder be in violation of the new law, this legislation provides that a police officer or certain agents or officers may take possession of animals kept in violation of such law, provided a proper warrant is issued by any magistrate authorized to issue warrants in criminal cases.

The goal of this legislation is to help ensure that dogs and cats will be treated more humanely by pet dealers and those who are breeders, and that people who purchase dogs or cats receive a companion animal that is healthy.

Prior legislative history

This is a new bill.

Fiscal implication

None to the state.

Effective date

One hundred eighty days after it becomes law.