BILL NO A01655A
SAME AS SAME AS S04799
SPONSOR Rosenthal (MS)
MLTSPNSR Brook-Krasny, Fahy, Galef, Garbarino, Gottfried, Millman, Solages,
Steck, Sweeney, Tenney
Amd SS400 - 405, add S408, Ag & Mkts L
Relates to the care of animals by pet dealers; establishes care and breeding
standards for pet dealers when dealing with dogs.
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the care of animals by pet dealers
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
improve the existing definition of "pet dealer to include wholesalers,
enable localities to inspect net dealers, improve humane housing
standards for pets kept by pet dealers, and require the department to
revoke pet dealer licenses upon conviction of animal cruelty.
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
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
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 chapter 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 of 2011-2012
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become law.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. MILL-
MAN, SWEENEY -- read once and referred to the Committee on Agriculture
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to the care
of animals by pet dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 400 of the agriculture and markets
2 law, as amended by chapter 687 of the laws of 2006, is amended and a new
3 subdivision 5 is added to read as follows:
4 4. "Pet Dealer" means any person who:
5 (A) HAS POSSESSION OF MORE THAN TEN SEXUALLY INTACT FEMALE DOGS OVER
6 THE AGE OF ONE YEAR FOR THE PURPOSE OF BREEDING THOSE ANIMALS AND SELL-
7 ING ANY OFFSPRING AS HOUSEHOLD PETS; OR
8 (B) engages in the sale or offering for sale of more than nine animals
9 per year for profit [to the public. Such definition shall include breed-
10 ers who sell or offer to sell animals; provided that a breeder who sells
11 or offers to sell directly to the consumer fewer than twenty-five
12 animals per year that are born and raised on the breeder's residential
13 premises shall not be considered a pet dealer as a result of selling or
14 offering to sell such animals]. Such definition shall [further] not
15 include duly incorporated humane societies dedicated to the care of
16 unwanted animals which make such animals available for adoption whether
17 or not a fee for such adoption is charged.
18 5. "RETAIL PET STORE" MEANS A PERSON OR RETAIL ESTABLISHMENT OPEN TO
19 THE PUBLIC WHERE DOGS ARE BOUGHT, SOLD, EXCHANGED, OR OFFERED FOR RETAIL
20 SALE DIRECTLY TO THE PUBLIC TO BE KEPT AS PETS, BUT THAT DOES NOT ENGAGE
21 IN ANY BREEDING OF DOGS FOR THE PURPOSE OF SELLING ANY OFFSPRING FOR USE
22 AS A HOUSEHOLD PET.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 1655--A 2
1 S 2. Section 401 of the agriculture and markets law, as added by chap-
2 ter 259 of the laws of 2000, paragraph (h) of subdivision 1, paragraph
3 (a) of subdivision 5 and subdivision 7 as added, paragraph (c) of subdi-
4 vision 5 as amended and paragraphs (b), (d) and (e) of subdivision 5 as
5 relettered by chapter 110 of the laws of 2012, is amended to read as
7 S 401. Minimum standards of animal care. Pet dealers shall comply with
8 the following minimum standards of care for every animal in their custo-
9 dy or possession.
10 1. Housing. (a) Animals shall be housed in primary enclosures or
11 cages, which shall be constructed so as to be structurally sound. Such
12 enclosures shall be maintained in good repair to contain the animal
13 housed inside and protect it from injury. Surfaces shall have an imper-
14 vious surface so as not to permit the absorption of fluids and which can
15 be thoroughly and repeatedly cleaned and disinfected without retaining
16 odors. ALL DOGS SHALL HAVE CONSTANT AND UNFETTERED ACCESS TO AN INDOOR
18 (b) Primary enclosures or cages housing the animals shall provide
19 sufficient space to allow each animal adequate freedom of movement to
20 make normal postural adjustments, including the ability to stand up,
21 turn around, and lie down with its limbs outstretched. [If the flooring
22 is constructed of metal strands, such strands must either be greater
23 than one-eighth inch in diameter (nine gauge wire) or shall be coated
24 with a material such as plastic or fiberglass, and shall be constructed
25 so as not to allow passage of the animal's feet through any opening in
26 the floor of the enclosure. Such flooring shall not sag or bend substan-
27 tially between structural supports.] ALL ANIMALS THAT ARE DOGS SHALL BE
29 (1) SUFFICIENT INDOOR SPACE FOR EACH DOG TO TURN IN A COMPLETE CIRCLE
30 WITHOUT ANY IMPEDIMENT (INCLUDING A TETHER);
31 (2) ENOUGH INDOOR SPACE FOR EACH DOG TO LIE DOWN AND FULLY EXTEND HIS
32 OR HER LIMBS AND STRETCH FREELY WITHOUT TOUCHING THE SIDE OF AN ENCLO-
33 SURE OR ANOTHER DOG;
34 (3) AT LEAST ONE FOOT OF HEADROOM ABOVE THE HEAD OF THE TALLEST DOG IN
35 THE ENCLOSURE; AND
36 (4) AT LEAST TWELVE SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG UP
37 TO TWENTY-FIVE INCHES LONG; AT LEAST TWENTY SQUARE FEET OF INDOOR FLOOR
38 SPACE PER EACH DOG BETWEEN TWENTY-FIVE AND THIRTY-FIVE INCHES LONG; AND
39 AT LEAST THIRTY SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG FOR DOGS
40 THIRTY-FIVE INCHES AND LONGER (WITH THE LENGTH OF THE DOG MEASURED FROM
41 THE TIP OF THE NOSE TO THE BASE OF THE TAIL). FLOORING OF PRIMARY
42 ENCLOSURES SHALL CONSIST OF A SOLID, IMPERMEABLE MATERIAL, EXCEPT THAT
43 DRAINS MAY BE PROVIDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION. A
44 PRIMARY ENCLOSURE SHALL NOT BE STACKED OR PLACED ON TOP OF ANOTHER
45 PRIMARY ENCLOSURE. THE REQUIREMENTS OF THIS CLAUSE SHALL NOT APPLY TO A
46 RETAIL PET STORE.
47 (c) Housing facilities shall be adequately ventilated at all times to
48 provide for the health and well-being of the animal. Ventilation shall
49 be provided by natural or mechanical means, such as windows, vents,
50 fans, or air conditioners. Ventilation shall be established to minimize
51 drafts, odors, and moisture condensation.
52 (d) The temperature surrounding the animal shall be compatible with
53 the health and well-being of the animal. Temperature shall be regulated
54 by heating and cooling to sufficiently protect each animal from extremes
55 of temperature and shall not be permitted to fall below or rise above
56 ranges which would pose a health hazard to the animal. FOR ANIMALS THAT
A. 1655--A 3
1 ARE DOGS, THE TEMPERATURE SHALL NOT FALL BELOW FORTY-FIVE DEGREES
2 FAHRENHEIT OR RISE ABOVE EIGHTY-FIVE DEGREES FAHRENHEIT. This shall
3 include supplying shade from sunlight by natural or artificial means.
4 (e) The indoor facilities housing the animals shall be provided with
5 adequate lighting sufficient to permit routine inspection and cleaning
6 and be arranged so that each animal is protected from excessive illumi-
7 nation which poses a health hazard to the animal.
8 (f) The indoor and outdoor facilities housing the animals, including
9 the primary enclosure or cage, shall be designed to allow for the effi-
10 cient elimination of animal waste and water in order to keep the animal
11 dry and prevent the animal from coming into contact with these
12 substances. If drains are used they shall be constructed in a manner to
13 minimize foul odors and backup of sewage. If a drainage system is used
14 it shall comply with federal, state, and local laws relating to
15 pollution control.
16 (g) In the event that a pet dealer has a pregnant or nursing dog on
17 his or her premises, the pet dealer shall provide a whelping box for
18 such dog.
19 (h) Pet dealers shall designate and provide an isolation area for
20 animals that exhibit symptoms of contagious disease or illness. The
21 location of such designated area must be such as to prevent or reduce
22 the spread of disease to healthy animals.
23 2. Sanitation. Housing facilities, including primary enclosures and
24 cages, shall be kept in a clean condition in order to maintain a healthy
25 environment for the animal. This shall include removing and destroying
26 any agents injurious to the health of the animal [and periodic clean-
27 ings. The primary enclosure or cage shall be constructed so as to elim-
28 inate excess water, excretions, and waste material]; REMOVAL OF WASTE
29 MATERIAL FROM PRIMARY ENCLOSURES AT LEAST ONCE PER DAY, AND THE CLEANING
30 OF PRIMARY ENCLOSURES WITH STERILIZING AGENTS AT LEAST ONCE PER WEEK.
31 Under no circumstances shall the animal remain inside the primary enclo-
32 sure or cage while it is being cleaned with sterilizing agents, PRESSUR-
33 IZED WATER, STEAM, or agents toxic to animals or cleaned in a manner
34 likely to threaten the health and safety of the animal. Trash and waste
35 products on the premises shall be properly contained and disposed of so
36 as to minimize the risks of disease, contamination, and vermin.
37 3. Feeding and watering. (a) Animals shall be provided with wholesome
38 and palatable food AT LEAST TWICE A DAY, free from contamination and of
39 nutritional value sufficient to maintain each animal in good health.
40 (b) [Animals] EACH ANIMAL shall be adequately fed at intervals not to
41 exceed twelve hours or at least twice in any twenty-four hour period in
42 quantities appropriate for the animal species and age, unless determined
43 otherwise by and under the direction of a duly licensed veterinarian.
44 (c) Food receptacles shall be provided in sufficient number, of
45 adequate size, and so located as to enable each animal in the primary
46 enclosure or cage to be supplied with an adequate amount of food.
47 (d) [Animals] EACH ANIMAL shall be provided with [regular] CONTINUOUS
48 access to clean, fresh water[, supplied in a sanitary manner sufficient
49 for its needs,] THAT IS NOT FROZEN, AND IS FREE OF DEBRIS, FECES, ALGAE
50 AND OTHER CONTAMINANTS except when there are instructions from a duly
51 licensed veterinarian to withhold water for medical reasons.
52 4. Handling. Each animal shall be handled in a humane manner so as not
53 to cause the animal physical injury or harm.
54 5. Veterinary care. (a) Any pet dealer duly licensed pursuant to this
55 article shall designate an attending veterinarian, who shall provide
56 veterinary care to the dealer's animals which shall include a written
A. 1655--A 4
1 program of veterinary care and regular visits to the pet dealer's prem-
2 ises, AND SHALL, AT MINIMUM PROVIDE AN ANNUAL EXAMINATION AND PROMPT
3 TREATMENT OF ANY ILLNESS OR INJURY. Such program of veterinary care
4 shall include:
5 (i) The availability of appropriate facilities, personnel, equipment,
6 and services to comply with the provisions of this article;
7 (ii) The use of methods determined to be appropriate by the attending
8 veterinarian to prevent, control, and respond to diseases and injuries,
9 and the availability of emergency, weekend, and holiday care;
10 (iii) Daily observation of all animals to assess their health and
11 well-being; provided, however, that daily observation of animals may be
12 accomplished by someone other than the attending veterinarian who has
13 received the guidance identified in subparagraph (iv) of this paragraph;
14 and provided, further, that a mechanism of direct and frequent communi-
15 cation is required so that timely and accurate information on problems
16 of animal health, behavior, and well-being is conveyed to the attending
18 (iv) Adequate guidance to personnel involved in the care and use of
19 animals regarding handling and immobilization; and
20 (v) Pre-procedural and post-procedural care in accordance with estab-
21 lished veterinary medical and nursing procedures.
22 (b) All animals shall be inoculated as required by state or local law,
23 AND SHALL, AT A MINIMUM RECEIVE AN ANNUAL EXAMINATION BY A DULY LICENSED
24 VETERINARIAN, WHERE THE PET DEALER POSSESSES THE ANIMAL FOR MORE THAN
25 ONE YEAR. Veterinary care appropriate to the species shall be provided
26 without undue delay when necessary. Each animal shall be observed each
27 day by the pet dealer or by a person working under the pet dealer's
29 (c) Within five business days of receipt, but prior to sale of any
30 dog, the pet dealer shall have a duly licensed veterinarian conduct an
31 examination and tests appropriate to the age and breed to determine if
32 the animal has any medical conditions apparent at the time of the exam-
33 ination that adversely affect the health of the animal. For animals
34 eighteen months of age or older, such examination shall include a diag-
35 nosis of any congenital conditions that adversely affect the health of
36 the animal. Any animal diagnosed with a contagious disease shall be
37 treated and caged separately from healthy animals.
38 (d) If an animal suffers from a congenital or hereditary condition,
39 disease, or illness which, in the professional opinion of the pet deal-
40 er's veterinarian, requires euthanasia, the veterinarian shall humanely
41 euthanize such animal without undue delay.
42 (e) In the event an animal is returned to a pet dealer due to a
43 congenital or hereditary condition, illness, or disease requiring veter-
44 inary care, the pet dealer shall, without undue delay, provide the
45 animal with proper veterinary care TO TREAT SUCH CONDITION, ILLNESS OR
47 (F) NO DOG SHALL BE BRED TO PRODUCE MORE THAN TWO LITTERS IN ANY EIGH-
48 TEEN MONTH PERIOD. NO DOG MAY BE BRED IF THE ANIMAL IS YOUNGER THAN ONE
49 YEAR OR OLDER THAN EIGHT YEARS OF AGE.
50 6. Humane euthanasia. [Humane euthanasia of an animal shall be carried
51 out in accordance with section three hundred seventy-four of this chap-
52 ter.] (A) HUMANE EUTHANASIA OF ANIMALS SHALL BE ACCOMPLISHED ONLY BY A
53 LICENSED VETERINARIAN USING LAWFUL TECHNIQUES DEEMED "ACCEPTABLE" FOR
54 DOGS BY THE AMERICAN VETERINARY MEDICAL ASSOCIATION AND IN ACCORDANCE
55 WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
A. 1655--A 5
1 (B) NO ANIMAL SHALL BE LEFT UNATTENDED BETWEEN THE TIME THAT THE
2 EUTHANASIA PROCEDURE BEGINS AND THE TIME WHEN DEATH IS CONFIRMED. THE
3 BODY OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL
4 DEATH IS CONFIRMED BY A LICENSED VETERINARIAN, A CERTIFIED EUTHANASIA
5 TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN.
6 7. GROOMING. EACH ANIMAL SHALL BE PROVIDED WITH BASIC GROOMING SUFFI-
7 CIENT TO PREVENT CURLING OF NAILS OR MATTING OF FUR.
8 8. Exercise requirements. Pet dealers shall develop, maintain, docu-
9 ment, and implement an appropriate plan to provide dogs with the oppor-
10 tunity for daily exercise. In developing such plan, consideration should
11 be given to providing positive physical contact with humans that encour-
12 ages exercise through play or other similar activities. Such plan shall
13 be approved by the attending veterinarian, and must be made available to
14 the department upon request. (A) EACH ANIMAL THAT IS A DOG SHALL BE
15 PROVIDED DAILY WITH REGULAR EXERCISE, UNLESS A LICENSED VETERINARIAN
16 STATES IN WRITING THAT SUCH EXERCISE WOULD BE DETRIMENTAL TO THE
17 ANIMAL'S HEALTH.
18 (B) FOR DOGS POSSESSED BY PET DEALERS WHO ARE NOT RETAIL PET STORES,
19 SUCH EXERCISE SHALL CONSIST OF CONSTANT AND UNFETTERED ACCESS TO AN
20 OUTDOOR EXERCISE AREA THAT IS COMPOSED OF A SOLID, GROUND LEVEL SURFACE
21 WITH ADEQUATE DRAINAGE, PROVIDES ADEQUATE PROTECTION FROM THE ELEMENTS,
22 AND PROVIDES EACH DOG WITH AT LEAST TWICE THE INDOOR SQUARE FOOTAGE OF
23 THE INDOOR FLOOR SPACE PROVIDED TO THAT DOG.
24 S 3. Subdivision 6 of section 402 of the agriculture and markets law
25 is renumbered subdivision 7 and a new subdivision 6 is added to read as
27 6. THE DATES ON WHICH EACH ANIMAL WAS BRED, IDENTIFICATION OF EACH DOG
28 USED IN THE BREEDING, THE DATES ON WHICH EACH FEMALE ANIMAL WHELPED A
29 LITTER, AND THE NUMBER OF PUPPIES IN EACH SUCH LITTER.
30 S 4. Subdivisions 1 and 3 of section 403 of the agriculture and
31 markets law, as added by chapter 259 of the laws of 2000, are amended to
32 read as follows:
33 1. No person shall operate as a pet dealer unless such person holds a
34 license issued therefor by the commissioner. [Notwithstanding the fore-
35 going, a pet dealer, in operation on or before the effective date of
36 this section, who has filed an application for an initial license under
37 this article shall be authorized to operate without such license until
38 the commissioner grants or, after notice and opportunity to be heard,
39 declines to grant such license.] Each application for a license shall be
40 made on a form supplied by the department and shall contain such infor-
41 mation as may be required by the department. Renewal applications shall
42 be submitted to the commissioner at least thirty days prior to the
43 commencement of the next license year.
44 3. Each application for a license shall be accompanied by a nonrefund-
45 able fee of one hundred dollars[, except that those pet dealers who
46 engage in the sale of less than twenty-five animals in a year, shall pay
47 a nonrefundable fee of twenty-five dollars].
48 S 5. Section 404 of the agriculture and markets law, as added by chap-
49 ter 259 of the laws of 2000, is amended to read as follows:
50 S 404. License refusal, suspension, or revocation. 1. The commissioner
51 may decline to grant or renew or may suspend or revoke a pet dealer
52 license, on any one of the following grounds:
53 [1.] (A) Material misstatement in the license application.
54 [2.] (B) Material misstatement in or falsification of records required
55 to be kept pursuant to this article, or under any regulation promulgated
A. 1655--A 6
1 thereunder, or failure to allow the commissioner or his or her author-
2 ized agents to inspect records or pet dealer facilities.
3 [3. Violation of any provision of this article or conviction] (C) A
4 VIOLATION OF ANY PROVISION OF THIS ARTICLE.
5 2. THE COMMISSIONER SHALL, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
6 THE CORRECTION LAW, DECLINE TO GRANT, OR SHALL SUSPEND, DECLINE TO RENEW
7 OR REVOKE A PET DEALER LICENSE ON ANY ONE OF THE FOLLOWING GROUNDS:
8 (A) CONVICTION of a violation of any provision of article twenty-six
9 of this chapter or regulations promulgated thereunder pertaining to
10 humane treatment of animals, cruelty to animals, endangering the life or
11 health of an animal[, or violation].
12 (B) VIOLATION of any federal, state, or local law pertaining to the
13 care, treatment, sale, possession, or handling of animals or any regu-
14 lation or rule promulgated pursuant thereto relating to the endangerment
15 of the life or health of an animal.
16 [4.] 3. Before any license shall be suspended or revoked, the commis-
17 sioner, or any hearing officer he or she may designate, shall hold a
18 hearing, upon due notice to the licensee, in accordance with any regu-
19 lations promulgated by the department and in accordance with articles
20 three and four of the state administrative procedure act.
21 [5.] 4. Any action of the commissioner shall be subject to judicial
22 review in a proceeding under article seventy-eight of the civil practice
23 law and rules. THE COMMISSIONER MAY SUSPEND A PET DEALER'S LICENSE PEND-
24 ING A DETERMINATION IN AN ARTICLE SEVENTY-EIGHT PROCEEDING.
25 5. THE REFUSAL, SUSPENSION, OR REVOCATION OF A PET DEALER'S LICENSE
26 UNDER THIS SECTION SHALL NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
27 PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE, FOR
29 S 6. Section 405 of the agriculture and markets law, as added by
30 chapter 259 of the laws of 2000, is amended to read as follows:
31 S 405. Inspection of pet dealers. 1. The commissioner or his or her
32 authorized agents shall[, at a minimum,] make [yearly] inspections of
33 pet dealers' facilities to ensure compliance with the provisions of this
34 article and with the provisions of article thirty-five-D of the general
35 business law[, except for those pet dealers who engage in the sale of
36 less than twenty-five animals in a year, in which case inspections shall
37 be made whenever in the discretion of the commissioner or his or her
38 authorized agents, a complaint warrants such investigation].
39 2. The commissioner may, pursuant to an agreement entered into with a
40 county or city delegate the authority to conduct inspections of pet
41 dealers and to respond to complaints concerning pet dealers to such
42 county or city where the pet dealer is located[; provided however such
43 delegation of inspection authority shall only be permitted where the
44 commissioner has delegated his or her authority to issue licenses pursu-
45 ant to section four hundred three of this article].
46 3. Any person conducting an inspection of a pet dealer or responding
47 to a complaint concerning a pet dealer shall be specifically trained in
48 the proper care of cats and dogs and in the investigation and identifi-
49 cation of cruelty to animals.
50 4. ANY PERSON CONDUCTING AN INSPECTION OF A PET DEALER SHALL, UPON
51 BELIEF THAT ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGAT-
52 ED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS, CRUELTY TO
53 ANIMALS, OR ENDANGERING THE LIFE OR HEALTH OF AN ANIMAL HAVE BEEN
54 VIOLATED, REPORT THE SUSPECTED VIOLATION TO A DULY AUTHORIZED LAW
55 ENFORCEMENT AGENT AND TO THE COMMISSIONER IN WRITING IMMEDIATELY, OR AS
56 SOON AS IS REASONABLY POSSIBLE.
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1 5. THE COMMISSIONER OR ANY COUNTY OR CITY AGENT DULY AUTHORIZED TO
2 CONDUCT INSPECTIONS OF PET DEALERS MAY REQUIRE PET DEALERS TO PAY AN
3 ANNUAL INSPECTION FEE TO BE PAID WITHIN THIRTY DAYS OF AN ANNUAL
5 (A) ANY MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION,
6 INCLUDING ANY FINES AND PENALTIES NOT COLLECTED PURSUANT TO SUBDIVISION
7 THREE OF SECTION FOUR HUNDRED SIX OF THIS ARTICLE, SHALL BE DEPOSITED IN
8 THE "PET DEALER LICENSING FUND" ESTABLISHED PURSUANT TO SECTION NINETY-
9 SEVEN-RR OF THE STATE FINANCE LAW.
10 (B) ANY CITY OR COUNTY IS HEREBY AUTHORIZED TO DEPOSIT ANY MONEYS
11 RECEIVED PURSUANT TO THIS SECTION IN THE RESPECTIVE CITY OR COUNTY'S
12 GENERAL FUND; INTO ANY FUND CREATED FOR THE PURPOSES OF ADMINISTERING
13 THIS SECTION; OR INTO ANY FUND PROVIDING FOR ANIMAL WELFARE GENERALLY.
14 S 7. The agriculture and markets law is amended by adding a new
15 section 408 to read as follows:
16 S 408. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE, OR THE APPLICA-
17 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR UNCON-
18 STITUTIONAL, THAT INVALIDITY OR UNCONSTITUTIONALITY SHALL NOT AFFECT
19 OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN
20 EFFECT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION OR APPLICATION,
21 AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
22 S 8. This act shall take effect on the sixtieth day after it shall
23 have become a law. Effective immediately, the addition, amendment and/or
24 repeal of any rule or regulation necessary for the implementation of
25 this act on its effective date is authorized to be made and completed on
26 or before such effective date.