Relates to the care of animals by pet dealers

Summary of specific provisions

Section 400 of the agriculture and markets law is amended to include wholesalers in the definition of "pet dealer."

Section 401 of the agriculture and markets law is amended to improve the conditions for dogs housed by pet dealers, including requirements that all dogs over the age of six months have constant and unfettered access to an indoor enclosure; that all dogs receive sufficient indoor space for each dog to turn a complete circle; that all dogs have enough indoor space for each dog to lie down and fully extend their limbs; that each dog have at least twelve feet of indoor floor space for each dog up to twenty five inches long. The section also requires the removal of waste material from primary enclosures at least once per day, and the cleaning of primary enclosures with sterilizing agents at least once per week.

Section 402 of the agriculture and markets law is amended to require pet dealers to record the dates on which each animal was bred, identification of each dog used in the breeding, the dates on which each female animal whelped a litter, and the number of puppies in such litter.

Section 404 of the agriculture and markets law is amended to require the commissioner to decline to grant or renew, or to suspend a pet dealer license, if the commissioner determines that approval of the application will in any way jeopardize the health, safety or welfare of animals.

Section 405 of the agriculture and markets law is amended to require the commissioner to perform annual inspections of pet dealer' facilities, except when the pet dealer sells less than twenty-five animals per year, in which case inspections shall be made whenever in the discretion of the commissioner or his or her authorized agents, a complaint warrants such investigation. Persons, performing inspections or responding to complaints shall be trained in the proper care of cats and dogs, and investigation and identification of cruelty to animals, and shall report suspected violations of article twenty-six of this chanter or regulations promulgated thereunder to law enforcement and to the commissioner in writing immediately, or as soon as is reasonably possible. The commissioner or any city or county authorized to conduct inspections may require pet dealers to pay an annual inspection fee.

Justification

A May 2010 report by the USDA's Office of the Inspector General found that horrific suffering in puppy mills was routinely

overlooked by the USDA inspectors and that their inspection process was wholly ineffective against problematic dealers. What have been dubbed "puppy mills" have escaped proper inspection and oversight by local counties and cities, due to significant issues in the current law. For example, there is a loophole in the current definition of "pet dealer, which as it stands refers only to those breeders who sell directly to the public, and ignores those who sell animals wholesale to pet stores or brokers. Additionally, the current definition is based on the number of animals a dealer sells, which opens the door to skirting inspections with the claim of inadequate sales. Another problem is rooted in the ability of New York counties or cities to provide services without receiving compensation through license fees, delegated by the commissioner of the New York Department of Agriculture and Markets.

This bill will improve the living conditions of animals housed by pet dealers, and give localities the authority to take on inspection responsibilities, by removing the requirements that they must handle licensure in order to handle inspections. The bill also enables localities to fund these inspections by imposing an inspection fee.

Prior legislative history

A10150 (2011-12)

Fiscal implications

To be determined.

Effective date

This act shall make effect on the sixtieth day after it shall have become law.