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

1 Co-sponsor

• Patty Ritchie

BILL NUMBER:S3723B REVISED MEMO

Title of bill

An act to amend the agriculture and markets law and the general business law, in relation to the sale of animals

Purpose

To further educate consumers of their rights concerning the source and location of a pet, name of broker, veterinary treatments received, to deter violations, and to extend the animal lemon law

Summary of provisions

Section 1: amends subdivision 2 of section 406 of the agriculture and markets law to increase the minimum fine for a violation from 50 dollars to 100 dollars.

Section 2: amends subdivision 1 of section 753 of the general business law by increasing the time from 14 business days to 180 calendar days when the animal has a congenital malformation. It also corrects a clerical error referencing an incorrect section of the general business law.

Section 3: amends subdivisions 1(a) and 2(a) of section 753-b of the 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).

Section 4: amends subdivision 1 of section 755 of the general business law to increase the minimum fine for a violation from 50 dollars to 100 dollars.

Section 5: 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 the sale by pet dealers of dogs and cats. This bill seeks to further the intent of those laws, heighten awareness, and encourage compliance thereof.

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 100 dollars should encourage compliance and help to 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 when the animal has a congenital malformation 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

2012: S7409/A10493 Agriculture

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.