S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4690

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by  Sen.  KRUGER -- 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 a  limit
         on intact animals and the definition of pet dealers

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S 380. LIMIT ON INTACT ANIMALS. NO PERSON OR BUSINESS BUYING, SELLING,
    4  OR  OFFERING  FOR  SALE DOGS OR CATS TO THE PUBLIC OR AT WHOLESALE SHALL
    5  OWN, POSSESS, CONTROL OR OTHERWISE HAVE CHARGE OR CUSTODY OF  MORE  THAN
    6  FIFTY  DOGS  AND  CATS  WITH  INTACT  SEXUAL ORGANS. A VIOLATION OF THIS
    7  SECTION IS A CLASS A MISDEMEANOR.  NOTHING  IN  THIS  SECTION  SHALL  BE
    8  CONSTRUED  TO  AFFECT  ANY  PROTECTIONS AFFORDED TO DOGS, CATS, OR OTHER
    9  ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE.
   10    S 2. Section 373 of the agriculture and  markets  law  is  amended  by
   11  adding a new subdivision 2-a to read as follows:
   12    2-A.  ANY  SUCH  AGENT OR OFFICER MAY ALSO LAWFULLY TAKE POSSESSION OF
   13  ANY ANIMALS KEPT IN VIOLATION OF SECTION THREE HUNDRED  EIGHTY  OF  THIS
   14  ARTICLE,  PROVIDED  THAT A COMPLAINT STATING JUST AND REASONABLE GROUNDS
   15  IS MADE UNDER OATH OR AFFIRMATION TO ANY MAGISTRATE AUTHORIZED TO  ISSUE
   16  WARRANTS  IN CRIMINAL CASES, AND THAT SUCH WARRANT AUTHORIZING ENTRY AND
   17  SEARCH IS ISSUED AND DELIVERED BY SUCH MAGISTRATE; IF JUST  AND  REASON-
   18  ABLE  CAUSE  IS  SHOWN,  THE  MAGISTRATE  SHALL  IMMEDIATELY  ISSUE SUCH
   19  WARRANT.
   20    S 3. Subdivision 4 of section 400 of the agriculture and markets  law,
   21  as  amended  by  chapter  687 of the laws of 2006, is amended to read as
   22  follows:
   23    4. "Pet Dealer" means any person who engages in the sale  or  offering
   24  for  sale  of more than nine animals per year for profit AT WHOLESALE OR
   25  to the public. Such definition shall include breeders who sell or  offer

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10294-01-9
       S. 4690                             2

    1  to  sell  animals DIRECTLY TO CONSUMERS OR AT WHOLESALE; provided that a
    2  breeder who sells or offers to sell directly to the consumer fewer  than
    3  twenty-five  animals  per year that are born and raised on the breeder's
    4  residential premises shall not be considered a pet dealer as a result of
    5  selling  or offering to sell such animals. Such definition shall further
    6  not include duly incorporated humane societies dedicated to the care  of
    7  unwanted  animals which make such animals available for adoption whether
    8  or not a fee for such adoption is charged.
    9    S 4. This act shall take effect on the one hundred eightieth day after
   10  it shall have become a law.