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A05114 Summary:

BILL NOA05114B
 
SAME ASSAME AS S03723-B
 
SPONSORPaulin (MS)
 
COSPNSRTitone, Roberts, Otis
 
MLTSPNSRAbbate, Sweeney, Thiele, Weisenberg
 
Amd S406, Ag & Mkts L; amd SS753, 753-b & 755, Gen Bus L
 
Relates to the sale of animals; brokers and dealers; fines and penalties.
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A05114 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5114--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced  by M. of A. PAULIN, TITONE, ROBERTS, OTIS -- Multi-Sponsored
          by -- M. of A.  ABBATE, SWEENEY, THIELE, WEISENBERG -- read  once  and
          referred to the Committee on Agriculture -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on  Codes  --  committee

          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to the sale of animals
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.   Subdivision 2 of  section  406  of  the  agriculture  and
     2  markets  law, as added by chapter 259 of the laws of 2000, is amended to
     3  read as follows:
     4    2. Violation of any provision of this article, is a civil offense, for
     5  which a penalty of not less than [fifty] one  hundred  dollars  and  not
     6  more than one thousand dollars for each violation may be imposed.
     7    §  2.  Subdivision  1  of  section 753 of the general business law, as

     8  added by chapter 431 of the laws  of  1988,  the  opening  paragraph  as
     9  amended  and  such  section  as  renumbered by chapter 68 of the laws of
    10  1993, is amended to read as follows:
    11    1. If, within fourteen business days following the sale of  an  animal
    12  subject  to  this  article  or receipt of the written notice required by
    13  section seven hundred fifty-four of  this  article,  whichever  occurred
    14  last,  a  veterinarian  of  the consumer's choosing, licensed by a state
    15  certifies such animal to be  unfit  for  purchase  due  to  illness[,  a
    16  congenital  malformation  which  adversely  affects  the  health  of the
    17  animal,] or the presence of  symptoms  of  a  contagious  or  infectious
    18  disease,  or  if, within one hundred eighty calendar days following such

    19  sale or receipt, whichever occurred last, a licensed veterinarian certi-
    20  fies such animal to be unfit for purchase due to a congenital  malforma-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05068-09-3

        A. 5114--B                          2
 
     1  tion  which  adversely  affects the health of the animal, the pet dealer
     2  shall afford the consumer the right  to  choose  one  of  the  following
     3  options:
     4    (a)  The  right  to  return  the  animal  and  receive a refund of the
     5  purchase price including  sales  tax  and  reasonable  veterinary  costs
     6  directly  related to the veterinarian's certification that the animal is

     7  unfit for purchase pursuant to this section;
     8    (b) The right to return the animal and to receive an  exchange  animal
     9  of  the  consumer's choice of equivalent value and reasonable veterinary
    10  costs directly related to  the  veterinarian's  certification  that  the
    11  animal is unfit for purchase pursuant to this section; or
    12    (c) The right to retain the animal and to receive reimbursement from a
    13  pet  dealer  for veterinary services from a licensed veterinarian of the
    14  consumer's choosing, for the purpose of curing or attempting to cure the
    15  animal. The reasonable value of reimbursable services rendered  to  cure
    16  or  attempting to cure the animal shall not exceed the purchase price of
    17  the animal. The value of such services is reasonable  if  comparable  to
    18  the  value  of similar services rendered by other licensed veterinarians

    19  in proximity to the treating veterinarian. Such reimbursement shall  not
    20  include  the costs of initial veterinary examination fees and diagnostic
    21  fees not directly related to the veterinarian's certification  that  the
    22  animal is unfit for purchase pursuant to this section.
    23    The  commissioner  by  regulations shall prescribe a form for, and the
    24  content of, the certification that an  animal  is  unfit  for  purchase,
    25  which  shall be provided by an examining veterinarian to a consumer upon
    26  the examination of an animal which is subject to the provisions of  this
    27  section.  Such  form  shall  include, but not be limited to, information
    28  which identifies the type of animal, the owner, the date  and  diagnosis
    29  of  the animal, the treatment recommended if any, and an estimate or the
    30  actual cost of such treatment. Such form shall also include  the  notice

    31  prescribed  in  section  seven  hundred [forty-three] fifty-four of this
    32  article.
    33    The commissioner by  regulations  shall  prescribe  information  which
    34  shall  be provided in writing by the pet dealer to the consumer upon the
    35  sale of the animal. Such information shall include, but not  be  limited
    36  to,  a description, including breed of the animal, the date of purchase,
    37  the name, address and telephone number of the consumer, and  the  amount
    38  of  the purchase. The pet dealer shall certify such information by sign-
    39  ing the document in which it is contained.
    40    § 3. Section 753-b of the general business law, as  added  by  chapter
    41  259  of  the  laws  of  2000, paragraph (f) of subdivision 2 as added by
    42  chapter 598 of the laws of 2008, is amended to read as follows:
    43    § 753-b. Information statement for purchaser. Every pet  dealer  shall

    44  deliver  to  the  purchaser of an animal, at the time of sale, a written
    45  statement in a standardized form prescribed by the commissioner of agri-
    46  culture and markets containing the following information:
    47    1. For cats:
    48    (a) The breeder's and, if applicable, broker's name  and  address,  if
    49  known,  or, if not known, the source of the cat. If the person from whom
    50  the cat was obtained is a dealer licensed by the United  States  depart-
    51  ment of agriculture, the person's name, address, and federal identifica-
    52  tion number;
    53    (b)  The date of the cat's birth, unless unknown because of the source
    54  of the cat, the date the pet dealer received the cat, and  the  location
    55  where the cat was received;

        A. 5114--B                          3
 
     1    (c)  A record of immunizations and worming treatments administered, if

     2  any, to the cat as of the  time  of  sale  while  the  cat  was  in  the
     3  possession  of the pet dealer, including the dates of administration and
     4  the type of vaccines or worming treatments administered;
     5    (d)  A  record of any known disease, sickness, or congenital condition
     6  that adversely affects the health of the cat at the time of sale;
     7    (e) A record of any veterinary treatment or medication received by the
     8  cat while in the possession of the pet dealer and either of the  follow-
     9  ing:
    10    (i)  A  statement, signed by the pet dealer at the time of sale, indi-
    11  cating all of the following:  (1)  The  cat  has  no  known  disease  or
    12  illness;  (2)  The  cat  has no known congenital or hereditary condition
    13  that adversely affects the health of the cat at the time of sale; or
    14    (ii) A  record  of  any  known  congenital  or  hereditary  condition,

    15  disease,  or illness that adversely affects the health of the cat at the
    16  time of sale, along with a statement signed by a  licensed  veterinarian
    17  that  authorizes the sale of the cat, recommends necessary treatment, if
    18  any, and verifies that  the  condition,  disease  or  illness  does  not
    19  require  hospitalization  or  [nonelective] non-elective surgical proce-
    20  dures, and is not likely to  require  hospitalization  or  [nonelective]
    21  non-elective surgical procedures in the future. A veterinarian statement
    22  is  not required for intestinal or external parasites unless their pres-
    23  ence makes the cat clinically ill or is likely to  make  the  cat  clin-
    24  ically  ill.  The  statement  shall  be valid for fourteen business days
    25  following examination of the cat by the veterinarian.
    26    2. For dogs:

    27    (a) The breeder's and, if applicable, broker's name  and  address,  if
    28  known,  or  if not known, the source of the dog. If the person from whom
    29  the dog was obtained is a dealer licensed by the United  States  depart-
    30  ment of agriculture, the person's name, address, and federal identifica-
    31  tion number;
    32    (b)  The  date  of  the  dog's birth and the date and location the pet
    33  dealer received the dog. If the dog is not advertised or sold as a pure-
    34  bred, registered or registrable, the date of birth may  be  approximated
    35  if not known by the seller;
    36    (c)  The  breed, sex, color and identifying marks at the time of sale.
    37  If the dog is from a United States department  of  agriculture  licensed
    38  source,  the  individual  identifying  tag, tattoo, or collar number for
    39  that animal. If the breed is unknown or mixed, the record shall so indi-

    40  cate. If the dog is being sold as being  capable  of  registration,  the
    41  names  and  registration  numbers  of  the  sire and dam, and the litter
    42  number, if known;
    43    (d) A record of inoculations and worming treatments  administered,  if
    44  any,  to  the  dog  as  of  the  time  of  sale while the dog was in the
    45  possession of the pet dealer, including dates of administration and  the
    46  type of vaccines and/or worming treatments administered;
    47    (e) A record of any veterinary treatment or medication received by the
    48  dog  while in the possession of the pet dealer and either of the follow-
    49  ing:
    50    (i) A statement, signed by the pet dealer at the time of  sale,  indi-
    51  cating  all  of  the  following:  (1)  The  dog  has no known disease or
    52  illness; (2) The dog has no known  congenital  or  hereditary  condition
    53  that adversely affects the health of the dog at the time of the sale; or

    54    (ii) A record of any known congenital or hereditary condition, disease
    55  or  illness  that adversely affects the health of the dog at the time of
    56  sale, along with a statement signed  by  a  licensed  veterinarian  that

        A. 5114--B                          4
 
     1  authorizes  the sale of the dog, recommends necessary treatment, if any,
     2  and verifies that the condition, disease, or illness  does  not  require
     3  hospitalization  or  [nonelective] non-elective surgical procedures, and
     4  is  not  likely to require hospitalization or [nonelective] non-elective
     5  surgical procedures in the  future.  A  veterinarian  statement  is  not
     6  required  for  intestinal  or  external  parasites unless their presence
     7  makes the dog clinically ill or is likely to  make  the  dog  clinically

     8  ill.  The  statement shall be valid for fourteen business days following
     9  examination of the dog by the veterinarian.
    10    (f) Notification  that  dogs  residing  in  New  York  state  must  be
    11  licensed,  and  that  a license may be obtained from the municipality in
    12  which the dog resides.
    13    3. A disclosure made pursuant  to  subdivision  one  or  two  of  this
    14  section  shall  be signed by both the pet dealer certifying the accuracy
    15  of the statement and the purchaser acknowledging receipt of  the  state-
    16  ment.  At  the time of sale, each pet dealer shall provide the purchaser
    17  with information on the value of spaying and neutering of dogs and cats.
    18    4. Every pet dealer shall post conspicuously within close proximity to
    19  the cages of dogs and cats offered for sale,  a  notice  containing  the
    20  following language in one hundred-point type: "Information on the source

    21  of  these  dogs and cats and the veterinary treatments received by these
    22  dogs and cats is available for review by prospective purchasers."
    23    § 4. Subdivision 1 of section 755 of  the  general  business  law,  as
    24  amended  by  chapter  259  of  the  laws  of 2000, is amended to read as
    25  follows:
    26    1. In addition to the other remedies provided, whenever there shall be
    27  a violation of this article, application may be  made  by  the  attorney
    28  general in the name of the people of the state of New York to a court or
    29  justice  having jurisdiction by a special proceeding to issue an injunc-
    30  tion, and upon notice to the defendant of not less than  five  days,  to
    31  enjoin  and restrain the continuance of such violations; and if it shall
    32  appear to the satisfaction of the court or justice  that  the  defendant
    33  has, in fact, violated this article, an injunction may be issued by such

    34  court or justice, enjoining and restraining any further violation, with-
    35  out  requiring  proof  that  any  person  has,  in fact, been injured or
    36  damaged thereby. In any such proceeding, the court may  make  allowances
    37  to  the attorney general as provided in paragraph six of subdivision (a)
    38  of section eighty-three hundred three of  the  civil  practice  law  and
    39  rules, and direct restitution. Whenever the court shall determine that a
    40  violation  of  this  article  has occurred, the court may impose a civil
    41  penalty of not less than [fifty] one hundred dollars and not  more  than
    42  one  thousand dollars. In connection with any such proposed application,
    43  the attorney general is authorized to take proof  and  make  a  determi-
    44  nation  of  the relevant facts and to issue subpoenas in accordance with
    45  the civil practice law and rules.

    46    § 5. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law.
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