Limits the number of intact animals over the age of four months a person or business can own, possess, control or otherwise have charge or custody of

10 Co-sponsors

• John J. Bonacic
• Neil D. Breslin
• Ruben Diaz
• Ruth Hassell-Thompson
• Liz Krueger
• Carl Kruger
• Kenneth P. LaValle
• George Onorato
• Bill Perkins
• José M. Serrano

Title of bill

An act to amend the agriculture and markets law, in relation to a limit on the number of intact animals over the age of four months a person or business can own, possess, control or otherwise have charge or custody

Purpose or general idea of bill

To limit the number of animals under the care of anyone person or business in order to help curtail the abusive treatment that dogs and cats sometimes 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 over the age of four months 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 a total of 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 and the offspring of such animals, 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 provides the effective date.

Justification

New York does not currently have a law that limits 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, losing 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 have intact sexual organs and are over the age of four months that a breeder may own, possess, control, or otherwise have charge or custody of at one time to fifty. The intent of this legislation is to limit the total number of animals kept for breeding purposes to fifty.

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 limit the total number of animals used for breeding in order 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.