Relates to the sale of animals; brokers and dealers; fines and penalties

Summary of provisions

Section 1: adds a new subdivision to section 403 of the agriculture and markets law to require any fines to be satisfied prior to a pet dealer renewing their license. Section 2: amends subdivision 2 of section 406 of agriculture and markets law to increase the minimum fine for a violation from 50 dollars to 150 dollars. Section 3: amends subdivision 1 of section 753 of general business law by increasing the time from 14 business days to 180 calendar days. It corrects a clerical error referencing an incorrect section of the general business law. Section 4: amends subdivisions 1(a) and 2(a) of section 753-b of general business law to require, if applicable, a broker's name and address; amends subdivision 2(b) of the same section to require the location the dog was received (in conformity with 2(a)); corrects a typographical error by hyphenating "non-elective" in subdivisions 1(e) (2) and 2(e) (2); amends subsection 4 to require the notice to be posted on the cages of dogs and cats offered for sale. Section 5: amends subdivision 1 of section 755 of general business law to increase the minimum fine for a violation from 50 dollars to 150 dollars. Section 6: effective date shall be on the 180th day after it shall have become law.

Justification

Consumers have already been afforded many rights under the agriculture and markets law and the general business law related to dogs and cats for sale by pet dealers. This bill seeks to further the intent of those laws, heighten awareness, and encourage compliance thereof.

Notice, as required in general business law section 753-b (4), states that purchasers and, upon request, prospective purchasers, will be provided with information as to the source of the animal and the veterinary treatment it received. It will now require that the notice be posted on each cage rather than in close proximity to the cage. This will increase the likelihood that the consumer will actually read the notice, thus ensuring that consumers will know as much as possible about the animal they are purchasing.

In furtherance of disclosure, the information statement provided to purchasers as set forth in general business law section 753-b shall now include, if applicable, the broker's name and address for both cats and dogs. Currently, only the breeder's name and address is required. It will also require the location the dog was received. This is already required for cats.

Increasing the minimum fines from 50 dollars to 150 dollars should help to deter violations and requiring any fines to be satisfied prior to renewal of the pet dealer license should also help to encourage compliance and deter violations.

General business law article 35-D is informally known as the animal lemon law. It details the rights of a consumer if their newly purchased pet is diagnosed with a congenital malformation, is unfit for purchase due to illness, or has a contagious or infectious disease. These rights, however, only apply if the pet is so diagnosed within fourteen business days of the sale. Realistically, congenital malformations are not readily detected in very young animals. Expanding the time frame to six months is much more appropriate. Twenty states have animal lemon laws. Fourteen out of the twenty states allow more than fourteen days. Most of the larger states allow at least six months and some even allow one year.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.