Provides for more frequent inspections of pet dealers which have been charged with or convicted of violations relating to cats and dogs

Title of bill

An act to amend the agriculture and markets law, in relation to inspection of pet dealers

Purpose

Provides for more frequent inspections of pet dealers which have been charged with or convicted of violations relating to cats and dogs.

Summary of provisions

Section one amends subdivision 1 of section 405 of the agriculture and markets law, regarding inspection of pet dealers, to require the commissioner to immediately, or as soon as practicable, upon the filing, to include an affidavit from the department attesting to the belief that violations have been made. Additionally the commissioner shall inspect all facilities owned by a pet dealer that is charged with violating any provision of article 26, regarding animals, and section 401, regarding minimum standards of animal care. Additionally, inspections of the pet dealer's facilities must be conducted once every two months until a final judgment is made on the charges. Where a pet dealer is found in violation of these provisions, such dealer's facilities will be inspected on a quarterly basis for a period of one year; provided however, if after final disposition, the pet dealer is not found guilty of any charge, such pet dealer's facilities shall be inspected in accordance with paragraph (a) of this subdivision.

Section two establishes the effective date.

Justification

Currently, the Department of Agriculture and Markets is required to perform a yearly inspection of all pet dealer facilities; however, there are no additional inspection requirements where a pet dealer has been charged with a violation, which may leave the animals in his or her care susceptible to harm. Recent events in the Hudson Valley warrant such a change in the law. Within the past year, a pet dealer was charged with a violation at one of the three facilities he owns and operates. However, frequent patrons of one of his additional stores, including a local animal rescue and rehabilitation organization, state that the animals at this facility are being cared for under poor conditions as well. This bill will ensure that where a pet dealer is charged with a violation, additional inspections will occur at all facilities owned and operated by such pet dealer until a determination is reached on the violation. Additionally under the bill, where a pet dealer is found guilty of the violation, and does not lose his or her license as a pet dealer, the Department would be required to conduct quarterly inspections of all sites owned by such pet dealer for a full year after the violation is settled. The provisions of this bill will help to ensure frequent and proper oversight of all facilities owned and operated by pet dealers under investigation for failure to comply with the terms of their licensure.

Legislative history

New bill

Fiscal implications

None noted.

Effective date

This act shall take effect on the first January next succeeding the date on which it shall have become a law.