Relates to the definition of pet dealer

Section two amends subdivision 3 of section 752 of the general business law - providing consumer protection with regard to the purchase of dogs and cats - by expanding the definition of "pet dealer" to include those who, not only sell or offer for sale more than nine animals to the public, but also those who sell or offer for sale nine or more animals to any broker, wholesale dealer, exhibitor, medical facility or licensed pet dealer. "Pet dealer" shall also include a breeder who sells or offers to sell twenty-five or more animals per year that are born and raised on the breeder's residential premises to any broker, wholesale dealer, exhibitor, medical facility or licensed pet dealer, in addition to direct sale to the consumer.

Section three amends subdivision 4 of section 209-cc of the general municipal law by exempting pet dealers as defined in section 752 of the general business law from the list of persons who shall report to the clerk of the city, town, or village their owning, possessing, or harboring a wild animal or a dangerous dog within this state.

Section eight defines the effective date.

Justification

The Pet Dealer Consumer Protection and Animal Care Standards Act provides much-needed oversight to New York's pet industry. However, ambiguities exist in the current law, diminishing the Act's original intent. This legislation would close a glaring loophole in the law that allows breeders to sell dogs and cats to wholesale dealers, brokers, exhibitors, other pet dealers and medical facilities without having to be licensed under Article 26-A. This omission also compromises the intended purpose of the law. As such, breeders typically operate very large kennels, thereby increasing the potential for animal mismanagement. Indeed, many of these operations are repeatedly cited by the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) for violations of the Animal Welfare Act (AWA). Larger sellers breed literally thousands of dogs and cats annually, with the largest breeding over 20,000 animals per year. Yet, APHIS employs only about 70 inspectors to oversee every wholesaler and breeder in the entire United States - the same inspectors responsible for inspecting zoos, marine-mammal facilities and circuses. The agency also demonstrates scant ability to pursue civil or criminal sanctions for failure to comply with the AWA, leaving consumers with no guarantee that animals purchased at their local pet store are in good health and bred responsibly.

In addition, APHIS often does not conduct further site inspections once the license of a repeat offender is revoked. Independent investigations have found unlicensed breeders back in business almost immediately following license revocation, virtually free from reporting, record keeping, health and humane treatment requirements. This leaves dogs and cats bred in such facilities susceptible to improper breeding practices and cruelty, greatly increasing the risk of chronic respiratory problems, hip dysplasia, crooked bones, blindness, rage disease and other defects. No animal deserves to be born and raised under such poor conditions. Additionally, because such dealers are not licensed at the state level, state-licensed pet stores must assume liability for these sick animals when recourse is sought by customers under New York's pet "lemon law." This legislation will also require more substantial state oversight of pet wholesalers and brokers who transport and sell animals to pet shops. Of those businesses licensed by APHIS, almost two-thirds are wholesalers, many of which purchase animals from large breeders and turn them over for profit by selling directly to retail stores or medical facilities. Such businesses that enjoy little federal oversight despite being licensed entities, further jeopardize public and animal health and greatly compromise the consumer's right to a healthy, happy companion animal. State supervision of the sale of animals by pet dealers is within the public interest. By expanding the definition of "pet dealer" to include a wider array of people or entities that sell or breed dogs and cats, more consumers will be protected by already existing laws.

State inspection to guarantee proper treatment and living conditions of dogs and cats not only ensures that such animals are treated humanely, but also ensures that consumers are purchasing healthy companion animals. Currently, the animal "lemon law", section 752 of the general business law, is designed to protect only the public with regard to: returning an animal or receiving a refund when a purchased dog or cat is unfit; guaranteeing an examination of the animal by a licensed veterinarian; information about the animal that must be delivered by the seller in writing; information regarding pedigree of an animal; etc. This legislation extends such consumer protection to brokers, wholesale dealers, exhibitors, medical facilities and licensed pet dealers.

Legislative history

A.536-A, 2008 and 2007 passed assembly.

Fiscal implications

Cost of inspecting an increase number of sites.

Effective date

April 1, 2011