What's happening
This bill requires more frequent inspections of pet dealers' facilities if they are charged with violations, including bimonthly and quarterly checks.
Why it matters
Increases oversight for pet dealers facing legal charges. The bill ensures that any pet dealer charged with animal welfare or licensing violations will have their facilities inspected immediately and then every two months until the legal case is resolved, aiming to catch ongoing or new problems quickly.
Extends monitoring after a guilty finding. If a pet dealer is found guilty of violations, their facilities will undergo quarterly inspections for a full year, providing continued oversight even after the case is settled and discouraging repeated offenses.
Targets higher-risk businesses without burdening all dealers. The more intensive inspection schedule only applies to dealers charged with violations, keeping routine inspections unchanged for compliant businesses and focusing resources where they are most needed.
Aims to better protect animal welfare. By mandating prompt and repeat inspections of facilities where violations are suspected or confirmed, the bill seeks to deter neglect or mistreatment and improve conditions for animals in the pet trade.
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Who cares
Headline styles
More Inspections for Pet Dealers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
History
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1364
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
302
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to inspection of pet dealers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 405 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, is amended to read as follows:
1. (a) The commissioner or his or her authorized agents shall, at a minimum, make yearly inspections of pet dealers' facilities to ensure compliance with the provisions of this article and with the provisions of article thirty-five-D of the general business law, except for those pet dealers who engage in the sale of less than twenty-five animals in a 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.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the commissioner shall immediately or as soon as practicable, upon the filing, which shall include an affidavit from the department attesting to the belief that violations have been made, of any charge of violating any provision of article twenty-six of this chapter or section four hundred one of this article against a pet dealer, cause an inspection to be made of such pet dealer's facilities, including any facilities for the retail sale of animals. Thereafter, an inspection thereof shall be conducted at the pet dealer's facilities once every two months until there is a final disposition on such charges. After a final disposition in which the pet dealer is found guilty of any charge, such pet dealer's facilities shall be inspected on a quarterly basis for a period of one year; provided, however, if, after final disposition,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02337-01-7
S. 302 2
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.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 one 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
2016: S.6634-C - Passed Senate
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.