•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

A03371 Summary:

BILL NO    A03371A

SAME AS    SAME AS S03603-A

SPONSOR    Titone (MS)

COSPNSR    Colton, Cusick, Zebrowski, Englebright, McDonough

MLTSPNSR   Cook, Corwin, Gottfried, Katz, Kolb, Malliotakis, Perry, Saladino,
           Thiele, Weisenberg

Add Art 26-C SS420 - 428, amd SS401 & 402, Ag & Mkts L; add S98-d, St Fin L

Relates to the registration and regulation of animal breeders; requires each to
be licensed; creates a breeder licensing fund; exempts not-for-profit
organizations.
Go to top

A03371 Text:

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

                                        3371--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 25, 2013
                                      ___________

       Introduced  by  M. of A. TITONE, COLTON, CUSICK, ZEBROWSKI, ENGLEBRIGHT,
         McDONOUGH -- Multi-Sponsored by -- M. of A. COOK,  CORWIN,  GOTTFRIED,
         KATZ,  KOLB,  MALLIOTAKIS, PERRY, SALADINO, THIELE, WEISENBERG -- read
         once and referred to the Committee on Agriculture  --  recommitted  to
         the  Committee on Agriculture in accordance with Assembly Rule 3, sec.
         2 -- committee discharged, bill amended, ordered reprinted as  amended
         and recommitted to said committee

       AN  ACT  to  amend the agriculture and markets law and the state finance
         law, in relation to the registration and regulation of animal breeders

         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  article 26-C to read as follows:
    3                                 ARTICLE 26-C
    4                         CARE OF ANIMALS BY BREEDERS
    5  SECTION 420. DEFINITIONS.
    6          421. PREEMPTION OF LOCAL LAWS.
    7          422. MINIMUM STANDARDS OF ANIMAL CARE.
    8          423. RECORDS OF PURCHASE AND SALE.
    9          424. LICENSES.
   10          425. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
   11          426. INSPECTION OF BREEDERS.
   12          427. VIOLATIONS.
   13          428. CONSTRUCTION WITH OTHER LAWS.
   14    S 420. DEFINITIONS. AS USED IN THIS ARTICLE:
   15    1. "ANIMAL" MEANS A DOG OR A CAT.
   16    2.  "CONSUMER" MEANS ANY INDIVIDUAL PURCHASING AN ANIMAL FROM A BREED-
   17  ER. A BREEDER SHALL NOT BE CONSIDERED A CONSUMER.
   18    3. "PERSON" MEANS ANY INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  LIMITED
   19  LIABILITY COMPANY, ASSOCIATION, MUNICIPALITY OR OTHER LEGAL ENTITY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03825-03-4
       A. 3371--A                          2

    1    4.  "BREEDER"  MEANS  ANY  PERSON WHO BREEDS THREE OF MORE ANIMALS FOR
    2  SALE PER YEAR FOR PROFIT. SUCH TERM SHALL NOT INCLUDE DULY  INCORPORATED
    3  HUMANE  SOCIETIES  DEDICATED  TO THE CARE OF UNWANTED ANIMALS WHICH MAKE
    4  SUCH ANIMALS AVAILABLE FOR ADOPTION  WHETHER  OR  NOT  A  FEE  FOR  SUCH
    5  ADOPTION IS CHARGED.
    6    S 421. PREEMPTION  OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
    7  APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION  OF  ONE
    8  MILLION  OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION OR
    9  ORDINANCE REGULATING OR LICENSING  BREEDERS.  NOTHING  IN  THIS  SECTION
   10  SHALL  BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENFORCING
   11  ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL  APPLICATION  TO
   12  BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS.
   13    S 422. MINIMUM  STANDARDS  OF  ANIMAL CARE. BREEDERS SHALL COMPLY WITH
   14  THE FOLLOWING MINIMUM STANDARDS OF CARE FOR EVERY ANIMAL IN THEIR CUSTO-
   15  DY OR POSSESSION.
   16    1. HOUSING. (A) ANIMALS SHALL  BE  HOUSED  IN  PRIMARY  ENCLOSURES  OR
   17  CAGES,  WHICH  SHALL BE CONSTRUCTED SO AS TO BE STRUCTURALLY SOUND. SUCH
   18  ENCLOSURES SHALL BE MAINTAINED IN GOOD  REPAIR  TO  CONTAIN  THE  ANIMAL
   19  HOUSED  INSIDE AND PROTECT IT FROM INJURY. SURFACES SHALL HAVE AN IMPER-
   20  VIOUS SURFACE SO AS NOT TO PERMIT THE ABSORPTION OF FLUIDS AND WHICH CAN
   21  BE THOROUGHLY AND REPEATEDLY CLEANED AND DISINFECTED  WITHOUT  RETAINING
   22  ODORS.
   23    (B)  PRIMARY  ENCLOSURES  OR  CAGES  HOUSING THE ANIMALS SHALL PROVIDE
   24  SUFFICIENT SPACE TO ALLOW EACH ANIMAL ADEQUATE FREEDOM  OF  MOVEMENT  TO
   25  MAKE  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING THE ABILITY TO STAND UP,
   26  TURN AROUND, AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED. IF  THE  FLOORING
   27  IS  CONSTRUCTED  OF  METAL STRANDS, SUCH STRANDS SHALL EITHER BE GREATER
   28  THAN ONE-EIGHTH INCH IN DIAMETER (NINE GAUGE WIRE) OR  SHALL  BE  COATED
   29  WITH MATERIAL SUCH AS PLASTIC OR FIBERGLASS, AND SHALL BE CONSTRUCTED SO
   30  AS  TO NOT ALLOW PASSAGE OF THE ANIMAL'S FEET THROUGH ANY OPENING IN THE
   31  FLOOR OF THE ENCLOSURE. SUCH FLOORING SHALL NOT SAG OR BEND SUBSTANTIAL-
   32  LY BETWEEN STRUCTURAL SUPPORTS.
   33    (C) HOUSING FACILITIES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES  TO
   34  PROVIDE  FOR  THE HEALTH AND WELL-BEING OF THE ANIMAL. VENTILATION SHALL
   35  BE PROVIDED BY NATURAL OR MECHANICAL  MEANS,  SUCH  AS  WINDOWS,  VENTS,
   36  FANS,  OR AIR CONDITIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE
   37  DRAFTS, ODORS, AND MOISTURE CONDENSATION.
   38    (D) THE TEMPERATURE SURROUNDING THE ANIMAL SHALL  BE  COMPATIBLE  WITH
   39  THE  HEALTH AND WELL-BEING OF THE ANIMAL. TEMPERATURE SHALL BE REGULATED
   40  BY HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH ANIMAL FROM EXTREMES
   41  OF TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW  OR  RISE  ABOVE
   42  RANGES  WHICH  WOULD  POSE  A  HEALTH  HAZARD  TO THE ANIMAL. THIS SHALL
   43  INCLUDE SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS.
   44    (E) THE INDOOR FACILITIES HOUSING THE ANIMALS SHALL BE  PROVIDED  WITH
   45  ADEQUATE  LIGHTING  SUFFICIENT TO PERMIT ROUTINE INSPECTION AND CLEANING
   46  AND BE ARRANGED SO THAT EACH ANIMAL IS PROTECTED FROM EXCESSIVE  ILLUMI-
   47  NATION WHICH POSES A HEALTH HAZARD TO THE ANIMAL.
   48    (F)  THE  INDOOR AND OUTDOOR FACILITIES HOUSING THE ANIMALS, INCLUDING
   49  THE PRIMARY ENCLOSURE OR CAGE, SHALL BE DESIGNED TO ALLOW FOR THE  EFFI-
   50  CIENT  ELIMINATION OF ANIMAL WASTE AND WATER IN ORDER TO KEEP THE ANIMAL
   51  DRY  AND  PREVENT  THE  ANIMAL  FROM  COMING  INTO  CONTACT  WITH  THESE
   52  SUBSTANCES.  IF DRAINS ARE USED THEY SHALL BE CONSTRUCTED IN A MANNER TO
   53  MINIMIZE  FOUL ODORS AND BACKUPS OF SEWAGE. IF A DRAINAGE SYSTEM IS USED
   54  IT SHALL COMPLY WITH FEDERAL, STATE AND LOCAL LAWS RELATING TO POLLUTION
   55  CONTROL.
       A. 3371--A                          3

    1    (G) IN THE EVENT THAT A BREEDER HAS A PREGNANT OR NURSING DOG  ON  HIS
    2  OR HER PREMISES, THE BREEDER SHALL PROVIDE A WHELPING BOX FOR SUCH DOG.
    3    2.  SANITATION.  HOUSING  FACILITIES, INCLUDING PRIMARY ENCLOSURES AND
    4  CAGES, SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO MAINTAIN A HEALTHY
    5  ENVIRONMENT FOR THE ANIMAL. THIS SHALL INCLUDE REMOVING  AND  DESTROYING
    6  ANY  AGENTS INJURIOUS TO THE HEALTH OF THE ANIMAL AND PERIODIC CLEANING.
    7  THE PRIMARY ENCLOSURE OR CAGE SHALL BE CONSTRUCTED SO  AS  TO  ELIMINATE
    8  EXCESS  WATER,  EXCRETIONS,  AND  WASTE MATERIAL. UNDER NO CIRCUMSTANCES
    9  SHALL THE ANIMAL REMAIN INSIDE THE PRIMARY ENCLOSURE OR CAGE WHILE IT IS
   10  BEING CLEANED WITH STERILIZING AGENTS OR  AGENTS  TOXIC  TO  ANIMALS  OR
   11  CLEANED  IN  A  MANNER  LIKELY  TO THREATEN THE HEALTH AND SAFETY OF THE
   12  ANIMAL. TRASH AND WASTE PRODUCTS  ON  THE  PREMISES  SHALL  BE  PROPERLY
   13  CONTAINED  AND  DISPOSED  OF  SO  AS  TO  MINIMIZE THE RISKS OF DISEASE,
   14  CONTAMINATION, AND VERMIN.
   15    3. FEEDING AND WATERING. (A) ANIMALS SHALL BE PROVIDED WITH  WHOLESOME
   16  AND  PALATABLE  FOOD,  FREE  FROM CONTAMINATION AND OF NUTRITIONAL VALUE
   17  SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH.
   18    (B) ANIMALS SHALL BE ADEQUATELY FED AT INTERVALS NOT TO EXCEED  TWELVE
   19  HOURS  OR  AT  LEAST  TWICE IN ANY TWENTY-FOUR HOUR PERIOD IN QUANTITIES
   20  APPROPRIATE FOR THE ANIMAL SPECIES' AGE, UNLESS DETERMINED OTHERWISE  BY
   21  AND UNDER THE DIRECTION OF A DULY LICENSED VETERINARIAN.
   22    (C)  FOOD  RECEPTACLES  SHALL  BE  PROVIDED  IN  SUFFICIENT NUMBER, OF
   23  ADEQUATE SIZE, AND SO LOCATED AS TO ENABLE EACH ANIMAL  IN  THE  PRIMARY
   24  ENCLOSURE OR CAGE TO BE SUPPLIED WITH AN ADEQUATE AMOUNT OF FOOD.
   25    (D)  ANIMALS  SHALL  BE  PROVIDED  WITH REGULAR ACCESS TO CLEAN, FRESH
   26  WATER, SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR  ITS  NEEDS,  EXCEPT
   27  WHEN  THERE  ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN TO WITH-
   28  HOLD WATER FOR MEDICAL REASONS.
   29    4. HANDLING. EACH ANIMAL SHALL BE HANDLED IN A HUMANE MANNER SO AS NOT
   30  TO CAUSE THE ANIMAL PHYSICAL INJURY OR HARM.
   31    5. VETERINARY CARE. (A) ALL ANIMALS SHALL BE INOCULATED AS REQUIRED BY
   32  STATE OR LOCAL LAW. VETERINARY CARE APPROPRIATE TO THE SPECIES SHALL  BE
   33  PROVIDED  WITHOUT  UNDUE  DELAY  WHEN  NECESSARY.  EACH  ANIMAL SHALL BE
   34  OBSERVED EACH DAY BY THE BREEDER  OR  BY  A  PERSON  WORKING  UNDER  THE
   35  BREEDER'S SUPERVISION.
   36    (B)  IF  AN  ANIMAL SUFFERS FROM A CONGENITAL OR HEREDITARY CONDITION,
   37  DISEASE OR ILLNESS WHICH, IN THE PROFESSIONAL OPINION OF  THE  BREEDER'S
   38  VETERINARIAN,  REQUIRES  EUTHANASIA,  THE  VETERINARIAN  SHALL  HUMANELY
   39  EUTHANIZE SUCH ANIMAL WITHOUT UNDUE DELAY.
   40    (C) IN THE EVENT AN ANIMAL IS RETURNED TO A BREEDER DUE TO  A  CONGEN-
   41  ITAL  OR  HEREDITARY CONDITION, ILLNESS, OR DISEASE REQUIRING VETERINARY
   42  CARE, THE BREEDER SHALL, WITHOUT UNDUE DELAY, PROVIDE  THE  ANIMAL  WITH
   43  THE PROPER VETERINARY CARE.
   44    6.  HUMANE EUTHANASIA. HUMANE EUTHANASIA OF AN ANIMAL SHALL BE CARRIED
   45  OUT IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS  CHAP-
   46  TER.
   47    S 423. RECORDS OF PURCHASE AND SALE. EACH BREEDER SHALL KEEP AND MAIN-
   48  TAIN  RECORDS  FOR EACH ANIMAL PURCHASED, ACQUIRED, HELD, SOLD OR OTHER-
   49  WISE DISPOSED OF. THE RECORDS SHALL INCLUDE THE FOLLOWING:
   50    1. THE NAME AND ADDRESS OF  THE  PERSON  FROM  WHOM  EACH  ANIMAL  WAS
   51  ACQUIRED.  IF  THE PERSON FROM WHOM THE ANIMAL WAS OBTAINED IS A BREEDER
   52  LICENSED BY THE UNITED STATES DEPARTMENT OF  AGRICULTURE,  THE  PERSON'S
   53  NAME, ADDRESS, AND FEDERAL BREEDER IDENTIFICATION NUMBER. IN THE CASE OF
   54  CATS, IF A CAT IS PLACED IN THE CUSTODY OR POSSESSION OF THE BREEDER AND
   55  THE SOURCE OF ORIGIN IS UNKNOWN, THE BREEDER SHALL STATE THAT THE SOURCE
   56  OF  ORIGIN  IS  UNKNOWN,  ACCOMPANIED BY THE DATE, TIME, AND LOCATION OF
       A. 3371--A                          4

    1  RECEIPT.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO BREEDER
    2  SHALL KNOWINGLY BUY, SELL, EXHIBIT, TRANSPORT, OR OFFER FOR SALE,  EXHI-
    3  BITION  OR  TRANSPORTATION ANY STOLEN ANIMAL. NO BREEDER SHALL KNOWINGLY
    4  SELL ANY CAT OR DOG YOUNGER THAN EIGHT WEEKS OF AGE.
    5    2.  THE  ORIGINAL  SOURCE  OF EACH ANIMAL IF DIFFERENT THAN THE PERSON
    6  RECORDED IN SUBDIVISION ONE OF THIS SECTION.
    7    3. THE DATE EACH ANIMAL WAS ACQUIRED.
    8    4. A DESCRIPTION OF EACH ANIMAL SHOWING  AGE,  COLOR,  MARKINGS,  SEX,
    9  BREED,  AND  ANY  INOCULATION,  WORMING OR OTHER VETERINARY TREATMENT OR
   10  MEDICATION INFORMATION AVAILABLE. RECORDS SHALL ALSO INCLUDE  ANY  OTHER
   11  SIGNIFICANT  IDENTIFICATION,  IF  KNOWN,  FOR EACH ANIMAL, INCLUDING ANY
   12  OFFICIAL TAG NUMBER, TATTOO OR IMPLANT.
   13    5. THE NAME AND ADDRESS OF THE PERSON TO  WHOM  ANY  ANIMAL  IS  SOLD,
   14  GIVEN  OR BARTERED, OR TO WHOM IT IS OTHERWISE TRANSFERRED OR DELIVERED.
   15  THE RECORDS SHALL INDICATE THE DATE AND METHOD OF DISPOSITION.
   16    6. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR  A  PERIOD  OF  TWO
   17  YEARS  FROM THE DATE OF SALE OR TRANSFER, WHICHEVER OCCURS LATER. DURING
   18  NORMAL BUSINESS HOURS, THE RECORDS SHALL BE MADE  AVAILABLE  TO  PERSONS
   19  AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   20    S  424.  LICENSES. 1. NO PERSON SHALL OPERATE AS A BREEDER UNLESS SUCH
   21  PERSON HOLDS A LICENSE ISSUED THEREFOR BY THE  COMMISSIONER.    NOTWITH-
   22  STANDING  THE  FORGOING, A BREEDER, IN OPERATION ON OR BEFORE THE EFFEC-
   23  TIVE DATE OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR  AN  INITIAL
   24  LICENSE  UNDER  THIS ARTICLE SHALL BE AUTHORIZED TO OPERATE WITHOUT SUCH
   25  LICENSE UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE  AND  OPPORTUNITY
   26  TO  BE  HEARD,  DECLINES  TO  GRANT SUCH LICENSE. EACH APPLICATION FOR A
   27  LICENSE SHALL BE MADE ON A FORM SUPPLIED BY  THE  DEPARTMENT  AND  SHALL
   28  CONTAIN  SUCH  INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. RENEWAL
   29  APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS
   30  PRIOR TO THE COMMENCEMENT OF THE NEXT LICENSE YEAR.
   31    2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS
   32  SECTION TO ISSUE BREEDER LICENSES TO THE COUNTY OR CITY WHERE THE BREED-
   33  ER IS SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE PURSUANT TO
   34  AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY OR COUNTY.
   35    3. EACH APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED  BY  A  NON-RE-
   36  FUNDABLE  FEE  OF  ONE  HUNDRED  DOLLARS, EXCEPT THAT THOSE BREEDERS WHO
   37  ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR, SHALL PAY
   38  A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS.
   39    4. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT  TO  THIS  SECTION
   40  SHALL  BE DEPOSITED IN THE "BREEDER LICENSING FUND" ESTABLISHED PURSUANT
   41  TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW.
   42    5. WHERE THE AUTHORITY TO ISSUE BREEDER LICENSES  IS  DELEGATED  TO  A
   43  COUNTY  OR CITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT COUNTY
   44  OR CITY SHALL, ON OR BEFORE THE FIFTH DAY OF EACH MONTH,  REMIT  TO  THE
   45  APPROPRIATE  MUNICIPAL  FINANCIAL  OFFICER  ONE  HUNDRED  PERCENT OF ALL
   46  LICENSE FEES COLLECTED DURING THE PRECEDING MONTH. THE REMITTANCE  SHALL
   47  BE  ACCOMPANIED  BY  A REPORT OF LICENSE SALES MADE DURING SUCH MONTH. A
   48  COPY OF SUCH REPORT SHALL SIMULTANEOUSLY BE SENT  TO  THE  COMMISSIONER.
   49  ALL  LICENSE FEES SO REMITTED SHALL BE THE PROPERTY OF THE MUNICIPALITY,
   50  AND SHALL BE USED SOLELY FOR THE PURPOSE OF CARRYING OUT  AND  ENFORCING
   51  THE  PROVISIONS  OF  THIS  ARTICLE  AND  OF ARTICLE THIRTY-FIVE-D OF THE
   52  GENERAL BUSINESS LAW.
   53    6. INSPECTION IN ACCORDANCE WITH SECTION FOUR  HUNDRED  TWENTY-SIX  OF
   54  THIS  ARTICLE,  THE  RESULTS  OF  WHICH  ESTABLISH  COMPLIANCE  WITH THE
   55  PROVISIONS  OF  THIS  ARTICLE  AND  WITH  THE  PROVISIONS   OF   ARTICLE
   56  THIRTY-FIVE-D  OF  THE  GENERAL BUSINESS LAW REGARDING RECORDKEEPING AND
       A. 3371--A                          5

    1  CONSUMER DISCLOSURE REQUIREMENTS FOR BREEDERS, SHALL PRECEDE ISSUANCE OF
    2  A LICENSE OR RENEWAL THEREOF UNDER THIS SECTION.
    3    7.  UPON  VALIDATION BY THE COMMISSIONER OR THE COUNTY OR CITY AUTHOR-
    4  IZED UNDER THIS SECTION TO ISSUE BREEDER LICENSES, THE APPLICATION SHALL
    5  BECOME THE LICENSE OF THE BREEDER.
    6    8. THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE  BREED-
    7  ER.   THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE. IN THOSE
    8  COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING AUTHORITY TO
    9  THE COUNTY OR CITY THAT COUNTY OR CITY SHALL,  PROVIDE  A  COPY  OF  THE
   10  LICENSE  TO  THE  BREEDER  AND A COPY TO THE COMMISSIONER. THE COUNTY OR
   11  CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN RECORDS.
   12    9. NO BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR  AVAILABILITY  OF
   13  ANY DOG OR CAT UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOMPANIED BY
   14  THE  BREEDER'S LICENSE NUMBER. NOTWITHSTANDING THE FOREGOING, A BREEDER,
   15  IN OPERATION ON OR BEFORE THE EFFECTIVE DATE OF THIS  SECTION,  WHO  HAS
   16  FILED  AN  APPLICATION  FOR  THE  INITIAL LICENSE UNDER THIS ARTICLE MAY
   17  PUBLISH OR ADVERTISE THE SALE OF AVAILABILITY OF ANY ANIMAL WITHOUT  THE
   18  PUBLICATION  OR ADVERTISEMENT BEING ACCOMPANIED BY THE BREEDER'S LICENSE
   19  NUMBER UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO
   20  BE HEARD, DECLINES TO GRANT SUCH LICENSE.
   21    10. SUCH LICENSE  SHALL  BE  RENEWABLE  ANNUALLY,  TOGETHER  WITH  THE
   22  PAYMENT  OF A NON-REFUNDABLE FEE OF ONE HUNDRED DOLLARS, OR UPON PAYMENT
   23  OF A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS FOR  THOSE  BREEDERS  WHO
   24  ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR.
   25    11. BREEDERS SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES
   26  WHERE  THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN BY
   27  POTENTIAL CONSUMERS.
   28    S 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. THE COMMISSIONER MAY
   29  DECLINE TO GRANT OR RENEW OR MAY SUSPEND OR REVOKE A BREEDER LICENSE, ON
   30  ANY OF THE FOLLOWING GROUNDS:
   31    1. MATERIAL MISSTATEMENT IN LICENSE APPLICATION; OR
   32    2. MATERIAL MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO BE
   33  KEPT PURSUANT TO THIS ARTICLE OR UNDER ANY REGULATION PROMULGATED THERE-
   34  UNDER, OR FAILURE TO ALLOW THE COMMISSIONER OR  HIS  OR  HER  AUTHORIZED
   35  AGENTS TO INSPECT RECORDS OR BREEDER FACILITIES.
   36    3.  VIOLATION  OF  ANY  PROVISION  OF  THIS ARTICLE OR CONVICTION OF A
   37  VIOLATION OF ANY PROVISION OF ARTICLE  TWENTY-SIX  OF  THIS  CHAPTER  OR
   38  REGULATIONS  PROMULGATED  THEREUNDER  PERTAINING  TO HUMANE TREATMENT OF
   39  ANIMALS, CRUELTY TO ANIMALS,  ENDANGERING  THE  LIFE  OR  HEALTH  OF  AN
   40  ANIMAL,  OR  VIOLATION  OF ANY FEDERAL, STATE OR LOCAL LAW PERTAINING TO
   41  THE CARE, TREATMENT, SALE, POSSESSION OR  HANDLING  OF  ANIMALS  OR  ANY
   42  REGULATION  OR  RULE PROMULGATED PURSUANT THERETO RELATING TO THE ENDAN-
   43  GERMENT OF THE LIFE OR HEALTH OF AN ANIMAL.
   44    4. BEFORE ANY LICENSE SHALL BE SUSPENDED OR REVOKED, THE COMMISSIONER,
   45  OR ANY HEARING OFFICER HE OR SHE MAY DESIGNATE, SHALL HOLD A HEARING  OR
   46  UPON  DUE  NOTICE  TO  THE  LICENSEE, IN ACCORDANCE WITH ANY REGULATIONS
   47  PROMULGATED BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE  AND
   48  FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   49    5.  ANY ACTION OF THE COMMISSIONER SHALL BE SUBJECT TO JUDICIAL REVIEW
   50  IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW
   51  AND RULES.
   52    S  426.  INSPECTION  OF  BREEDERS. THE BREEDER SHALL, AT THE BREEDER'S
   53  EXPENSE, HAVE A VETERINARIAN LICENSED PURSUANT TO  ARTICLE  ONE  HUNDRED
   54  THIRTY-FIVE  OF  THE  EDUCATION  LAW AT A MINIMUM OF SIX MONTH INTERVALS
   55  INSPECT HIS OR HER RECORDS, FACILITIES AND ANIMALS TO ENSURE  COMPLIANCE
   56  WITH  THE  PROVISIONS  OF THIS ARTICLE. THE VETERINARIAN ENGAGED IN THIS
       A. 3371--A                          6

    1  INSPECTION SHALL CERTIFY THAT THE BREEDER IS  IN  COMPLIANCE  WITH  THIS
    2  SECTION  AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE VETERINARY
    3  SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER.
    4    S  427.  VIOLATIONS.  1.  IN ADDITION TO THE PENALTIES PROVIDED FOR IN
    5  THIS SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE  MAY
    6  BE  SUBJECT  TO THE DENIAL, REVOCATION, SUSPENSION OR REFUSAL OF RENEWAL
    7  OF HIS OR HER LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  FOUR
    8  HUNDRED TWENTY-FIVE OF THIS ARTICLE.
    9    2. VIOLATION OF ANY PROVISION IN THIS ARTICLE, IS A CIVIL OFFENSE, FOR
   10  WHICH  A  PENALTY  OF  NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN ONE
   11  THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
   12    3. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY  THE
   13  DEPARTMENT  AND BY A COUNTY OR CITY TO WHICH THE COMMISSIONER HAS DELEG-
   14  ATED HIS OR HER LICENSING AND INSPECTION AUTHORITY PURSUANT TO  SECTIONS
   15  FOUR  HUNDRED  TWENTY-FOUR  AND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE,
   16  AND ALL MONEYS COLLECTED THEREAFTER SHALL BE RETAINED  BY  SUCH  MUNICI-
   17  PALITY OR LOCAL GOVERNMENT.
   18    S  428. CONSTRUCTION WITH OTHER LAWS. 1. NOTHING IN THIS ARTICLE SHALL
   19  BE CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS  OF  SOCIETIES  FOR
   20  THE  PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING OTHER
   21  PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER LAW RELAT-
   22  ING TO THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
   23    2. THE PROVISIONS OF THIS ARTICLE SHALL NOT PERTAIN TO  NOT-FOR-PROFIT
   24  ORGANIZATIONS.
   25    S  2. The state finance law is amended by adding a new section 98-d to
   26  read as follows:
   27    S 98-D. BREEDER LICENSING FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
   28  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
   29  AND FINANCE A FUND TO BE KNOWN AS THE "BREEDER LICENSING FUND".
   30    2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
   31  TWENTY-SIX-C OF THE AGRICULTURE  AND  MARKETS  LAW,  EXCEPT  FOR  MONIES
   32  COLLECTED   PURSUANT   TO  SUBDIVISION  FIVE  OF  SECTION  FOUR  HUNDRED
   33  TWENTY-FOUR OF SUCH ARTICLE, AND ALL OTHER  MONIES  CREDITED  OR  TRANS-
   34  FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   35    3.  MONIES  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
   36  CARRYING OUT THE PROVISIONS OF  ARTICLE  THIRTY-FIVE-D  OF  THE  GENERAL
   37  BUSINESS  LAW  AND  ARTICLE  TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS
   38  LAW. MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF
   39  THE  STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF AGRI-
   40  CULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER ON  MONIES
   41  ON DEPOSIT IN THE BREEDER LICENSING FUND SHALL BE RETAINED IN AND BECOME
   42  PART OF SUCH FUND.
   43    S  3.  Section  401  of  the agriculture and markets law is amended by
   44  adding a new subdivision 8 to read as follows:
   45    8. SELLING PETS. PET  DEALERS  SHALL  ONLY  SELL  PETS  OBTAINED  FROM
   46  LICENSED BREEDERS PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
   47    S  4.  Subdivision 6 of section 402 of the agriculture and markets law
   48  is renumbered subdivision 7 and a new subdivision 6 is added to read  as
   49  follows:
   50    6.  FOR ALL ANIMALS BOUGHT BY THE PET DEALER, THE PET DEALER MUST HAVE
   51  A RECORD THAT SUCH PURCHASE CAME FROM A BREEDER WHICH IS EITHER LICENSED
   52  OR EXEMPT PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
   53    S 5. This act shall take effect April 1, 2016; provided, however, that
   54  any rules and/or regulations necessary for the timely implementation  of
   55  this  act  on  its effective date shall be promulgated on or before such
   56  date.
Go to top
Page display time = 0.1352 sec