A01655 Summary:

BILL NO    A01655A

SAME AS    SAME AS S04799

SPONSOR    Rosenthal (MS)

COSPNSR    

MLTSPNSR   Brook-Krasny, Fahy, Galef, Garbarino, Gottfried, Millman, Perry,
           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.
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A01655 Actions:

BILL NO    A01655A

01/09/2013 referred to agriculture
03/26/2013 amend and recommit to agriculture
03/26/2013 print number 1655a
01/08/2014 referred to agriculture
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A01655 Votes:

There are no votes for this bill in this legislative session.
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A01655 Memo:

BILL NUMBER:A1655A

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
litter.

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
of animals.

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.
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A01655 Text:

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

                                        1655--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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.
                                                                  LBD05605-02-3
       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
    6  follows:
    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
   17  ENCLOSURE.
   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
   28  PROVIDED:
   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
   17  veterinarian;
   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
   28  supervision.
   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
   46  DISEASE.
   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
   26  follows:
   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
   28  VIOLATIONS.
   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.
       A. 1655--A                          7

    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
    4  INSPECTION.
    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.
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