Relates to the care and sale of dogs and cats by pet dealers

Section two amends subdivision 1 of section 401 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by adding a new paragraph (h) that provides that pet dealers shall designate and provide an isolation area for animals that exhibit symptoms of disease or illness in order to prevent or reduce the spread of disease to healthy animals.

Section three amends subdivision 5 of section 401 of the agriculture and markets law by relettering paragraphs (a), (b), (c) and (d) paragraphs (b), (c) and (d) and adding a new paragraph (a). Paragraph (a) provides that duly licensed pet dealers shall designate and employ an attending veterinarian either full-time or part-time. Formal arrangements for care shall be in writing. A pet dealer shall, in coordination with his or her veterinarian, establish and maintain a program of care that includes: appropriate facilities, personnel, equipment, and services; appropriate methods to control disease and injury; daily observation of all animals to assess their health and well-being; adequate guidance to personnel involved in the care and use of animals; and adequate preprocedural and post-procedural care.

Section four amends section 401 of the agriculture and markets law by adding a new subdivision 7 which provides that pet dealers shall develop and maintain an appropriate plan to provide animals with the opportunity for exercise. Such plan shall be approved by the commissioner or his or her designee and shall, at a minimum, comply with federal standards for exercise.

Section five amends section 402 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that no pet dealer may sell an animal to the public without being in possession of the records for such animal. Such animal shall have undergone an examination by a veterinarian. No pet dealer may purchase an animal from a source that he or she knows, or reasonably should know, does not possess a valid license. Licensed pet dealers shall provide a written release to his or her designated veterinarian to allow the commissioner or his or her authorized agents to have access to all animal health records for each animal acquired, held, sold, or otherwise disposed of. A pet dealer who sells or offers to sell to, or negotiates the sale of, an animal to a registered dog or cat breed registry shall provide to such registry associations a written release to authorize such association to release records to the commissioner or his or her authorized agents.

Section six amends subdivision 3 of section 403 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, to provide that those pet dealers who have been exempted from paying a nonrefundable fee with their application shall no longer be exempted.

Section seven amends subdivision 10 and 11 of section 403 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that a pet dealer license that is renewable annually shall be accompanied by a nonrefundable fee that is based on the gross sales receipts from the sale of animals for profit to the public from the prior year. This section provides the fee structure. It shall be a violation for a pet dealer to fail to conspicuously post his or her license.

Section eight amends section 404 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing added criteria for when the commissioner may decline to grant or renew, or may suspend or revoke, a pet dealer license, and provides that additional civil penalties may also be levied. If a licensee fails a designated number of inspections, a hearing shall be held. The commissioner may take additional actions prior to such designated number of failed inspections.

Section nine amends subdivision 1 of section 405 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that certain pet dealers are no longer exempt from yearly inspections of their facilities.

Section ten amends section 406 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing the dollar amounts that may be imposed as a civil penalty for a violation of any provision of article 26-a of the agriculture and markets law. Certain factors that the commissioner shall take into consideration when determining the amount of such civil penalty are provided. The commissioner or his or her authorized agents may suspend a pet dealer's license until deficiencies are corrected.

Section eleven amends subdivision 3 of section 752 of the general business law, as amended by chapter 687 of the laws of 2006, by providing that a "pet dealer" shall include any person who: sells, offers for sale, or negotiates a sale or purchase of an animal that was born or raised on premises other than that of such person's; keeps on his or her premises more than four intact female dogs six months of age or older for breeding purposes. A breeder who sells, directly to the public, fewer than twenty-five animals per year that are born and raised on the breeder's premises shall be considered a pet dealer.

Section twelve amends section 753-a of the general business law, as added by chapter 259 of the laws of 2000, by providing minor technical changes regarding veterinarian examinations of dogs that are to be sold.

Section thirteen amends subdivision one of section 755 of the general business law, as amended by chapter 259 of the laws of 2000, by providing that the amount of civil penalties that may be imposed by the court for a violation of article 35-d of the general business law shall be increased to not less than two hundred dollars to not more than two thousand five hundred dollars from not less than fifty dollars to not more than one thousand dollars.

Section fourteen provides the effective date.

Justification

This legislation provides much needed changes to the laws that apply to "pet dealers" in our state. In an effort to ensure that those who breed, sell, offer for sale, or negotiate the sale or purchase of a dog do so in a way that allows for more oversight by the department of agriculture and markets, thus ensuring that dogs are humanely treated and consumers receive companion animals that are healthier. The current laws are expanded to ensure that dogs are receiving proper care such as the opportunity to exercise and receive veterinary care, and that animals that exhibit symptoms of disease or illness are isolated from healthy animals. Various licensure and recordkeeping provisions help ensure that pet dealers are licensed and follow practices that produce healthy animals. Lastly, this legislation provides the state with ways to enforce the laws that apply to pet dealers by strengthening already existing enforcement tools such as refusal, suspension, or revocation of a pet dealer's license, and allowing the imposition of increased civil penalties when violations occur.

Prior legislative history

This is a new bill.

Fiscal implication

None to the state.

Effective date

April 1, 2010, provided all rules and regulations necessary for the implementation of this legislation are authorized and directed to be made and completed on or before such effective date.