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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
5507
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. BALL, SPANO, TOBACCO, TOWNSEND, BURLING, WALKER,
RAIA, ERRIGO, CAMARA, GIGLIO, MOLINARO, ALFANO, MAYERSOHN, LAVINE,
SALADINO, FINCH -- Multi-Sponsored by -- M. of A. CALHOUN, CONTE,
HAYES, KOLB, McDONOUGH, McKEVITT, QUINN, J. RIVERA, SCOZZAFAVA, SEMIN-
ERIO, THIELE, TOWNS, WEISENBERG -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law and the agriculture and markets
law, in relation to the sale of dogs and cats; and to amend the agri-
culture and markets law, in relation to commercial kennels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Charlemagne's law".
3 S 2. Section 752 of the general business law, as added by chapter 431
4 of the laws of 1988, subdivision 3 as amended by chapter 687 of the laws
5 of 2006, subdivisions 5, 6 and 7 as added by chapter 259 of the laws of
6 2000 and such section as renumbered by chapter 68 of the laws of 1993,
7 is amended to read as follows:
8 S 752. Definitions. As used in this article:
9 1. "Animal" means a dog or a cat.
10 2. "Consumer" means any individual purchasing an animal from AN ANIMAL
11 FACILITY INCLUDING a pet dealer. [A pet dealer shall not be considered a
12 consumer.]
13 3. For purposes of [section] THIS SECTION, AND SECTIONS seven hundred
14 fifty-three AND SEVEN HUNDRED FIFTY-THREE-F of this article, a "pet
15 dealer" shall mean any person who, in the ordinary course of business,
16 engages in the sale or offering for sale of more than [nine] FIVE
17 animals per year for profit to the public AT WHOLESALE OR RETAIL. Such
18 definition shall include breeders of animals who sell or offer for sale
19 animals directly to a consumer but it shall not include duly incorpo-
20 rated humane societies dedicated to the care of unwanted animals which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06002-02-9
A. 5507 2
1 make such animals available for adoption whether or not a fee for such
2 adoption is charged. For purposes of sections seven hundred
3 fifty-three-a, seven hundred fifty-three-b, seven hundred
4 fifty-three-c[, seven hundred fifty-three-d] and seven hundred fifty-
5 three-e of this article, "pet dealer" shall mean any person who engages
6 in the sale or offering for sale of more than [nine] FIVE animals per
7 year for profit to the public. Such definition shall include breeders
8 who sell animals; provided that a breeder who sells or offers to sell
9 directly to the consumer fewer than [twenty-five] TEN animals per year
10 that are born and raised on the breeders residential premises shall not
11 be considered a pet dealer as a result of selling or offering to sell
12 such animals. Such definition shall not include duly incorporated humane
13 societies dedicated to the care of unwanted animals which make such
14 animals available for adoption whether or not a fee for such adoption is
15 charged.
16 4. "Commissioner" shall mean the commissioner of agriculture and
17 markets.
18 5. "Person" means any individual, corporation, partnership, associ-
19 ation, municipality, or other legal entity.
20 6. "Nonelective surgical procedure" means a surgical procedure that is
21 necessary to preserve or restore the health of an animal, to prevent an
22 animal from experiencing pain or discomfort, or to correct a condition
23 that would interfere with an animal's ability to walk, run, jump, or
24 otherwise function in a normal manner.
25 7. "Clinically ill" means an illness that is apparent to a veterinari-
26 an based on observation, examination, or testing of an animal or upon
27 review of the medical records relating to the animal.
28 8. "INHUMANE CONDITION" MEANS VIOLATION OF ANY FEDERAL, STATE, LOCAL
29 LAW OR REGULATION THAT PERTAINS TO THE HUMANE TREATMENT OF ANIMALS,
30 CRUELTY TO ANIMALS, ENDANGERING THE LIFE OR HEALTH OF AN ANIMAL OR TO
31 THE CARE, TREATMENT, SALE, POSSESSION OR HANDLING OF ANIMALS, OR TO THE
32 CRIME OF MORAL TURPITUDE.
33 9. "ANIMAL FACILITY" MEANS ANY AREA BUILT, INSTALLED OR DESIGNED TO
34 SERVE AS A BREEDING OR MAINTAINING AREA FOR ANIMALS. SUCH FACILITY SHALL
35 PROVIDE AN AREA WHERE A PERSON MAY ENGAGE IN THE SALE OR OFFERING FOR
36 SALE, GIVING AWAY OR TRANSFER OF ANY NUMBER OF ANIMALS.
37 10. "HUMANE TREATMENT STANDARDS" MEANS RULES AND REGULATIONS PROMUL-
38 GATED BY THE COMMISSIONER FOR THE HUMANE TREATMENT OF ANIMALS INVOLVED
39 IN ANIMAL BREEDING. SUCH REGULATIONS SHALL TAKE INTO CONSIDERATION:
40 ADEQUATE LIVING CONDITIONS FOR THE ANIMAL, DAILY MINIMUM AMOUNTS OF
41 EXERCISE EACH ANIMAL SHALL RECEIVE AND DAILY HUMAN INTERACTION.
42 11. "CAT" MEANS THE GENUS AND SPECIES KNOWN AS FELIS CATUS.
43 12. "DOG" MEANS THE GENUS AND SPECIES KNOWN AS CANIS FAMILIARIS.
44 13. "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE AND MARKETS.
45 S 3. The general business law is amended by adding a new section 753-f
46 to read as follows:
47 S 753-F. PROHIBITED SALE OF ANIMALS. 1. NO PERSON SHALL SELL, GIVE
48 AWAY OR TRANSFER ANY ANIMAL KEPT, BORN OR BRED AT ANY ANIMAL FACILITY
49 THAT BREEDS OR MAINTAINS ANIMALS UNDER INHUMANE CONDITIONS AND/OR BREEDS
50 IN EXCESS THAT CAUSES HEALTH PROBLEMS FOR A FEMALE DOG OR CAT OR ITS
51 PUPPIES OR KITTENS.
52 2. NO PET DEALER SHALL BE ELIGIBLE TO SELL ANIMALS THAT ARE HOUSED IN
53 CONDITIONS THAT ARE IN VIOLATION OF ANY RULE OR REGULATION OUTLINING THE
54 HUMANE TREATMENT STANDARDS OF ANIMALS INVOLVED IN ANIMAL BREEDING.
55 3. IT SHALL BE PROHIBITED TO PURCHASE OR ACCEPT AN ANIMAL FROM ANY
56 ANIMAL FACILITY, DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, BY A
A. 5507 3
1 CONSUMER, CO-BREEDER, RETAIL PET STORE, RESEARCH OPERATION OR BROKER
2 ACCEPTING DOGS OR CATS FOR USE BY THEMSELVES OR FOR TRANSFER TO A THIRD
3 PARTY.
4 4. NOTHING IN THIS SECTION SHALL PRECLUDE ANY PEACE OR ANIMAL CONTROL
5 OFFICER WHO SHALL HAVE THE POWERS OF A PEACE OFFICER AS DEFINED IN
6 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WITH RESPECT TO THIS SECTION
7 FROM ENFORCING THE PROVISIONS OF THIS SECTION IF HE OR SHE SHALL RECEIVE
8 ORALLY OR IN WRITING A REPORT OF ANY INHUMANE CONDITION AT SUCH ANIMAL
9 FACILITY.
10 5. ANY ANIMAL FACILITY DETERMINED TO BE IN VIOLATION OF THIS SECTION
11 SHALL PRESENT TO THE DEPARTMENT, A SWORN, WRITTEN STATEMENT SIGNED BY A
12 VETERINARIAN CERFIFYING THAT THE ANIMAL FACILITY HAS ABIDED BY ALL
13 FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS THAT PERTAIN TO THE
14 HUMANE TREATMENT OR CONDITIONS OF ANIMALS, IN ORDER FOR SUCH FACILITY TO
15 RESUME HOUSING ANIMALS IN SUCH FACILITY.
16 S 4. Section 400 of the agriculture and markets law is amended by
17 adding a new subdivision 5 to read as follows:
18 5. "ANIMAL FACILITY" MEANS ANY AREA BUILT, INSTALLED OR DESIGNED TO
19 SERVE AS A BREEDING OR MAINTAINING AREA FOR ANIMALS. SUCH FACILITY SHALL
20 PROVIDE AN AREA WHERE A PERSON MAY ENGAGE IN THE SALE OR OFFERING FOR
21 SALE, GIVING AWAY OR TRANSFER OF ANY NUMBER OF ANIMALS.
22 S 5. Subdivision 3 of section 405 of the agriculture and markets law,
23 as added by chapter 259 of the laws of 2000, is amended to read as
24 follows:
25 3. Any person conducting an inspection of [a pet dealer] AN ANIMAL
26 FACILITY or responding to a complaint concerning [a pet dealer] AN
27 ANIMAL FACILITY shall be specifically trained PURSUANT TO RULES AND
28 REGULATIONS PROMULGATED BY THE COMMISSIONER in the proper care of cats
29 and dogs and in the investigation and identification of cruelty to
30 animals.
31 S 6. Section 406 of the agriculture and markets law, as added by chap-
32 ter 259 of the laws of 2000, is amended to read as follows:
33 S 406. Violations. 1. In addition to the penalties provided for else-
34 where in this section, a pet dealer who violates any provisions of this
35 article OR ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW may be
36 subject to denial, revocation, suspension, or refusal of renewal of his
37 or her license in accordance with the provisions of section four hundred
38 four of this article.
39 2. Violation of any provision of this article, is a civil offense, for
40 which a penalty of not less than [fifty] THREE HUNDRED dollars and not
41 more than [one] THREE thousand dollars for each violation may be
42 imposed.
43 2-A. THE DEPARTMENT, AT ITS DISCRETION, SHALL REVIEW THE NATURE OF
44 SUCH VIOLATION OR VIOLATIONS, AND MAY REMOVE ANY ANIMAL OR ANIMALS AND
45 PLACE THEM IN THE CARE OF A VETERINARIAN OR ANIMAL SHELTER. THE INDIVID-
46 UAL IN VIOLATION SHALL BE REQUIRED TO PAY ALL REASONABLE COSTS ASSOCI-
47 ATED WITH THE CARE OF SEIZED ANIMALS.
48 3. The provisions of this article may be enforced concurrently by the
49 department and by the county or city to which the commissioner has
50 delegated his or her licensing and inspection authority pursuant to
51 [section] SECTIONS four hundred three and four hundred five of this
52 article, and all moneys collected thereunder shall be retained by such
53 municipality or local government.
54 S 7. The agriculture and markets law is amended by adding a new arti-
55 cle 26-C to read as follows:
56 ARTICLE 26-C
A. 5507 4
1 COMMERCIAL KENNELS
2 SECTION 420. COMMERCIAL KENNEL; DEFINITION.
3 421. COMMERCIAL KENNEL; REQUIREMENTS.
4 422. INSPECTIONS.
5 423. VIOLATIONS.
6 S 420. COMMERCIAL KENNEL; DEFINITION. FOR THE PURPOSES OF THIS ARTI-
7 CLE, "COMMERCIAL KENNEL" MEANS ANY KENNEL THAT BREEDS AND WHELPS DOGS
8 AND WHICH:
9 1. SELLS OR TRANSFERS ANY DOG TO A PET DEALER, AS DEFINED IN ARTICLE
10 TWENTY-SIX-A OF THIS CHAPTER; OR
11 2. SELLS OR TRANSFERS MORE THAN SIXTY DOGS DURING ANY CALENDAR YEAR.
12 S 421. COMMERCIAL KENNEL; REQUIREMENTS. 1. ALL THAT PORTION OF A
13 COMMERCIAL KENNEL USED TO HARBOR OR HOUSE A DOG SHALL:
14 (A) BE MAINTAINED AT A TEMPERATURE OF BETWEEN FIFTY AND EIGHTY-FIVE
15 DEGREES FAHRENHEIT;
16 (B) BE LIT WITH LIGHTING SUFFICIENT TO OBSERVE THE CONDITION OF THE
17 DOGS THEREIN AND THE KENNEL ITSELF, AS DETERMINED BY THE COMMISSIONER IN
18 HIS OR HER RULES AND REGULATIONS.
19 (C) COMPLY WITH THE RULES AND REGULATIONS OF THE COMMISSIONER ESTAB-
20 LISHING THE APPROPRIATE STANDARDS FOR VENTILATION, HUMIDITY AND AMMONIA.
21 (D) BE CLEANED ON A DAILY BASIS.
22 (E) HAVE PRIMARY ENCLOSURES WHICH PROTECT THE DOGS FROM INJURY,
23 TEMPERATURE CHANGES AND WEATHER CONDITIONS.
24 (F) PROVIDE DAILY NUTRITIOUS FOOD AND POTABLE WATER TO ALL DOGS AS
25 APPROPRIATE FOR THE SIZE, AGE AND CONDITION OF EACH DOG.
26 (G) BE EQUIPPED WITH A WORKING SMOKE ALARM AND FIRE SUPPRESSION EQUIP-
27 MENT.
28 2. EVERY COMMERCIAL KENNEL SHALL PROVIDE DOGS UNDER TWELVE WEEKS OF
29 AGE WITH A PRIMARY ENCLOSURE WHICH IS IMPERVIOUS TO MOISTURE. NO SUCH
30 ENCLOSURES SHALL BE STACKED MORE THAN TWO ENCLOSURES HIGH. FURTHERMORE,
31 NO PRIMARY ENCLOSURE SHALL BE MORE THAN FIFTY-FOUR INCHES ABOVE THE
32 FLOOR OF THE KENNEL.
33 3. EVERY PRIMARY ENCLOSURE FOR A DOG SHALL BE OF SUFFICIENT SIZE FOR
34 THE DOG OR DOGS TO BE KEPT THEREIN, AS DETERMINED BY THE RULES OF THE
35 COMMISSIONER. NO PRIMARY ENCLOSURE SHALL BE MORE THAN THIRTY INCHES
36 ABOVE THE KENNEL FLOOR.
37 4. EVERY DOG HOUSED IN A COMMERCIAL KENNEL FOR MORE THAN ONE HUNDRED
38 EIGHTY DAYS SHALL BE EXAMINED BY A VETERINARIAN NOT LESS THAN ONCE
39 DURING EACH SUCH ONE HUNDRED EIGHTY DAY PERIOD.
40 5. THE FLOORING IN ALL AREAS OF A COMMERCIAL KENNEL WHERE DOGS ARE
41 HARBORED SHALL:
42 (A) NOT SAG OR BEND, OR HAVE BEEN DESTROYED BY A DOG OR DOGS;
43 (B) NOT ALLOW ANY DOG'S PAWS TO PASS THROUGH IT;
44 (C) NOT BE COMPOSED OF METAL STRAND;
45 (D) NOT SLOPE MORE THAN ONE-QUARTER OF ONE INCH PER LINEAR FOOT IN ANY
46 DIRECTION; AND
47 (E) ALLOW FOR MODERATE DRAINAGE OF FLUIDS.
48 6. EVERY PRIMARY ENCLOSURE SHALL ALLOW THE DOG OR DOGS THEREIN TO HAVE
49 UNFETTERED ACCESS TO A GROUND LEVEL OUTDOOR EXERCISE AREA WHICH IS NOT
50 LESS THAN TWICE THE AREA OF THE PRIMARY ENCLOSURE.
51 S 422. INSPECTIONS. 1. THE COMMISSIONER AND HIS OR HER AUTHORIZED
52 AGENTS SHALL INSPECT EVERY COMMERCIAL KENNEL NO LESS THAN ONCE EACH
53 CALENDAR YEAR TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE
54 OR ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO WHICH SUCH KENNEL
55 IS SUBJECT TO.
A. 5507 5
1 2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY, TO ANY POLICE
2 OFFICER OR PEACE OFFICER, TO CONDUCT INSPECTIONS OF COMMERCIAL KENNELS
3 AND TO RESPOND TO COMPLAINTS CONCERNING COMMERCIAL KENNELS.
4 3. ANY PERSON CONDUCTING AN INSPECTION OF A COMMERCIAL KENNEL OR
5 RESPONDING TO A COMPLAINT CONCERNING A COMMERCIAL KENNEL SHALL BE
6 SPECIFICALLY TRAINED IN THE PROPER CARE OF CATS AND DOGS AND IN THE
7 INVESTIGATION OF CRUELTY TO ANIMALS.
8 S 423. VIOLATIONS. VIOLATION OF ANY PROVISION OF THIS ARTICLE, IS A
9 CIVIL OFFENSE SUBJECT TO A FINE OF NOT LESS THAN TWO HUNDRED FIFTY
10 DOLLARS, NOR MORE THAN ONE THOUSAND DOLLARS.
11 S 8. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
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