A10150 Summary:

BILL NOA10150A
 
SAME ASNo same as
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSRMillman, Sweeney
 
Amd SS400, 401, 402, 403 & 404, 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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A10150 Actions:

BILL NOA10150A
 
05/09/2012referred to agriculture
05/17/2012amend and recommit to agriculture
05/17/2012print number 10150a
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A10150 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10150A
 
SPONSOR: Rosenthal
  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 pet dealers, improve humane housing stand- ards 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, identifica- tion 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 regu- lations promulgated thereunder to law enforcement and to the commission- er 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 over- looked 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 commis- sioner 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 respon- sibilities, 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: New bill   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
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A10150 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10150--A
 
                   IN ASSEMBLY
 
                                       May 9, 2012
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  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  to  read
     3  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    § 2. Section 401 of the agriculture and markets law, as added by chap-
    19  ter 259 of the laws of 2000, is amended to read as follows:
    20    § 401. Minimum standards of animal care. Pet dealers shall comply with
    21  the following minimum standards of care for every animal in their custo-
    22  dy or possession.
    23    1.  Housing.  (a)  Animals  shall  be  housed in primary enclosures or

    24  cages, which shall be constructed so as to be structurally  sound.  Such
    25  enclosures  shall  be  maintained  in  good repair to contain the animal
    26  housed inside and protect it from injury. Surfaces shall have an  imper-
    27  vious surface so as not to permit the absorption of fluids and which can
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15592-02-2

        A. 10150--A                         2
 
     1  be  thoroughly  and repeatedly cleaned and disinfected without retaining
     2  odors.  All dogs over the age of six  months  shall  have  constant  and
     3  unfettered access to an indoor enclosure.
     4    (b)  Primary  enclosures  or  cages  housing the animals shall provide

     5  sufficient space to allow each animal adequate freedom  of  movement  to
     6  make  normal  postural  adjustments,  including the ability to stand up,
     7  turn around, and lie down with its limbs outstretched. [If the  flooring
     8  is  constructed  of  metal  strands, such strands must either be greater
     9  than one-eighth inch in diameter (nine gauge wire) or  shall  be  coated
    10  with  a material such as plastic or fiberglass, and shall be constructed
    11  so as not to allow passage of the animal's feet through any  opening  in
    12  the floor of the enclosure. Such flooring shall not sag or bend substan-
    13  tially  between structural supports.] All animals that are dogs shall be
    14  provided:
    15    (1) sufficient indoor space for each dog to turn in a complete  circle

    16  without any impediment (including a tether);
    17    (2)  enough indoor space for each dog to lie down and fully extend his
    18  or her limbs and stretch freely without touching the side of  an  enclo-
    19  sure or another dog;
    20    (3) at least one foot of headroom above the head of the tallest dog in
    21  the enclosure; and
    22    (4)  at least twelve square feet of indoor floor space per each dog up
    23  to twenty-five inches long; at least twenty square feet of indoor  floor
    24  space  per each dog between twenty-five and thirty-five inches long; and
    25  at least thirty square feet of indoor floor space per each dog for  dogs
    26  thirty-five  inches and longer (with the length of the dog measured from

    27  the tip of the nose to the base of  the  tail).    Flooring  of  primary
    28  enclosures  shall  consist of a solid, impermeable material, except that
    29  drains may be provided pursuant to paragraph (f) of this subdivision.  A
    30  primary enclosure shall not be stacked  or  placed  on  top  of  another
    31  primary enclosure.
    32    (c)  Housing facilities shall be adequately ventilated at all times to
    33  provide for the health and well-being of the animal.  Ventilation  shall
    34  be  provided  by  natural  or  mechanical means, such as windows, vents,
    35  fans, or air conditioners. Ventilation shall be established to  minimize
    36  drafts, odors, and moisture condensation.
    37    (d)  The  temperature  surrounding the animal shall be compatible with
    38  the health and well-being of the animal. Temperature shall be  regulated

    39  by heating and cooling to sufficiently protect each animal from extremes
    40  of  temperature  and  shall not be permitted to fall below or rise above
    41  ranges which would pose a health hazard to the animal.  For animals that
    42  are dogs, the  temperature  shall  not  fall  below  forty-five  degrees
    43  Fahrenheit  or  rise  above  eighty-five  degrees Fahrenheit. This shall
    44  include supplying shade from sunlight by natural or artificial means.
    45    (e) The indoor facilities housing the animals shall be  provided  with
    46  adequate  lighting  sufficient to permit routine inspection and cleaning
    47  and be arranged so that each animal is protected from excessive  illumi-
    48  nation which poses a health hazard to the animal.
    49    (f)  The  indoor and outdoor facilities housing the animals, including
    50  the primary enclosure or cage, shall be designed to allow for the  effi-

    51  cient  elimination of animal waste and water in order to keep the animal
    52  dry  and  prevent  the  animal  from  coming  into  contact  with  these
    53  substances.  If drains are used they shall be constructed in a manner to
    54  minimize  foul  odors and backup of sewage. If a drainage system is used
    55  it shall  comply  with  federal,  state,  and  local  laws  relating  to
    56  pollution control.

        A. 10150--A                         3
 
     1    (g)  In  the  event that a pet dealer has a pregnant or nursing dog on
     2  his or her premises, the pet dealer shall provide  a  whelping  box  for
     3  such dog.
     4    2.  Sanitation.  Housing  facilities, including primary enclosures and
     5  cages, shall be kept in a clean condition in order to maintain a healthy
     6  environment for the animal. This shall include removing  and  destroying

     7  any  agents  injurious  to the health of the animal [and periodic clean-
     8  ings.  The primary enclosure or cage shall be constructed so as to elim-
     9  inate excess water, excretions, and waste material];  removal  of  waste
    10  material from primary enclosures at least once per day, and the cleaning
    11  of  primary  enclosures  with sterilizing agents at least once per week.
    12  Under no circumstances shall the animal remain inside the primary enclo-
    13  sure or cage while it is being cleaned with sterilizing agents, pressur-
    14  ized water, steam, or agents toxic to animals or  cleaned  in  a  manner
    15  likely  to threaten the health and safety of the animal. Trash and waste
    16  products on the premises shall be properly contained and disposed of  so
    17  as to minimize the risks of disease, contamination, and vermin.

    18    3.  Feeding and watering. (a) Animals shall be provided with wholesome
    19  and palatable food at least once a day, free from contamination  and  of
    20  nutritional value sufficient to maintain each animal in good health.
    21    (b)  [Animals] Each animal shall be adequately fed at intervals not to
    22  exceed twelve hours or at least twice in any twenty-four hour period  in
    23  quantities appropriate for the animal species and age, unless determined
    24  otherwise by and under the direction of a duly licensed veterinarian.
    25    (c)  Food  receptacles  shall  be  provided  in  sufficient number, of
    26  adequate size, and so located as to enable each animal  in  the  primary
    27  enclosure or cage to be supplied with an adequate amount of food.
    28    (d)  [Animals] Each animal shall be provided with [regular] continuous

    29  access to clean, fresh water[, supplied in a sanitary manner  sufficient
    30  for  its needs,] that is not frozen, and is free of debris, feces, algae
    31  and other contaminants except when there are instructions  from  a  duly
    32  licensed veterinarian to withhold water for medical reasons.
    33    4. Handling. Each animal shall be handled in a humane manner so as not
    34  to cause the animal physical injury or harm.
    35    5. Veterinary care. (a) All animals shall be inoculated as required by
    36  state  or local law, and shall, at minimum receive an annual examination
    37  by a duly licensed veterinarian and prompt treatment of any  illness  or
    38  injury  by  a duly licensed veterinarian. Veterinary care appropriate to
    39  the species shall be provided without undue delay when  necessary.  Each

    40  animal shall be observed each day by the pet dealer or by a person work-
    41  ing under the pet dealer's supervision.
    42    (b)  Within  five  business  days of receipt, but prior to sale of any
    43  dog, the pet dealer shall have a duly licensed veterinarian  conduct  an
    44  examination  and  tests appropriate to the age and breed to determine if
    45  the animal has any medical conditions apparent at the time of the  exam-
    46  ination  that  adversely  affect  the  health of the animal. For animals
    47  eighteen months of age or older, such examination shall include a  diag-
    48  nosis  of  any congenital conditions that adversely affect the health of
    49  the animal. Any animal found to be afflicted with a  contagious  disease
    50  shall be treated and caged separately from healthy animals.
    51    (c)  If  an  animal suffers from a congenital or hereditary condition,

    52  disease, or illness which, in the professional opinion of the pet  deal-
    53  er's  veterinarian, requires euthanasia, the veterinarian shall humanely
    54  euthanize such animal without undue delay.
    55    (d) In the event an animal is returned  to  a  pet  dealer  due  to  a
    56  congenital or hereditary condition, illness, or disease requiring veter-

        A. 10150--A                         4
 
     1  inary  care,  the  pet  dealer  shall,  without undue delay, provide the
     2  animal with proper veterinary care to treat such condition,  illness  or
     3  disease.
     4    (e) No dog shall be bred to produce more than two litters in any eigh-
     5  teen  month period. No dog may be bred if the animal is younger than one
     6  year or older than eight years of age.

     7    (f) A veterinarian who examines, cares for,  or  otherwise  treats  an
     8  animal  belonging  to  a pet dealer shall retain records related to such
     9  veterinary care for a period of three years from the dates the animal is
    10  examined or treated and, during normal business hours, shall  make  them
    11  available to persons authorized by law to enforce the provisions of this
    12  article.  The  pet  dealer shall also retain all records related to such
    13  veterinary care for a period of three years from the date the animal  is
    14  examined  or  treated and, during normal business hours, shall make them
    15  available to persons authorized by law to enforce the provisions of this
    16  article.
    17    6. Humane euthanasia. [Humane euthanasia of an animal shall be carried

    18  out in accordance with section three hundred seventy-four of this  chap-
    19  ter.]  (a)  Humane euthanasia of animals shall be accomplished only by a
    20  licensed veterinarian using lawful techniques  deemed  "acceptable"  for
    21  dogs  by  the  American Veterinary Medical Association and in accordance
    22  with section three hundred seventy-four of this chapter.
    23    (b) No animal shall be left  unattended  between  the  time  that  the
    24  euthanasia  procedure  begins  and the time when death is confirmed. The
    25  body of a euthanized animal shall not be disposed of in any manner until
    26  death is confirmed by a licensed veterinarian,  a  certified  euthanasia
    27  technician or a licensed veterinary technician.

    28    7.  Grooming. Each animal shall be provided with basic grooming suffi-
    29  cient to prevent curling of nails or matting of fur.
    30    8. Exercise. Each animal that is a dog shall be  provided  daily  with
    31  regular  exercise, unless a licensed veterinarian states in writing that
    32  such exercise would be detrimental to the animal's health. Such exercise
    33  shall consist of constant and unfettered access to an  outdoor  exercise
    34  area  that  is  composed  of a solid, ground level surface with adequate
    35  drainage, provides adequate protection from the elements,  and  provides
    36  each  dog  with  at  least twice the indoor square footage of the indoor
    37  floor space provided to that dog.
    38    § 3. Subdivision 6 of section 402 of the agriculture and  markets  law

    39  is  renumbered subdivision 7 and a new subdivision 6 is added to read as
    40  follows:
    41    6. The dates on which each animal was bred, identification of each dog
    42  used in the breeding, the dates on which each female  animal  whelped  a
    43  litter, and the number of puppies in each such litter.
    44    §  4.  Subdivisions  1  and  3  of  section 403 of the agriculture and
    45  markets law, as added by chapter 259 of the laws of 2000, are amended to
    46  read as follows:
    47    1. No person shall operate as a pet dealer unless such person holds  a
    48  license issued therefor by the commissioner.  [Notwithstanding the fore-
    49  going,  a  pet  dealer,  in operation on or before the effective date of
    50  this section, who has filed an application for an initial license  under

    51  this  article  shall be authorized to operate without such license until
    52  the commissioner grants or, after notice and opportunity  to  be  heard,
    53  declines to grant such license.] Each application for a license shall be
    54  made  on a form supplied by the department and shall contain such infor-
    55  mation as may be required by the department. Renewal applications  shall

        A. 10150--A                         5
 
     1  be  submitted  to  the  commissioner  at  least thirty days prior to the
     2  commencement of the next license year.
     3    3. Each application for a license shall be accompanied by a nonrefund-
     4  able  fee  of  one  hundred  dollars[, except that those pet dealers who
     5  engage in the sale of less than twenty-five animals in a year, shall pay
     6  a nonrefundable fee of twenty-five dollars].

     7    § 5. Section 404 of the agriculture and markets law, as added by chap-
     8  ter 259 of the laws of 2000, is amended to read as follows:
     9    § 404. License refusal, suspension, or revocation. 1. The commissioner
    10  may decline to grant or renew or may suspend  or  revoke  a  pet  dealer
    11  license, on any one of the following grounds:
    12    [1.] (a) Material misstatement in the license application.
    13    [2.] (b) Material misstatement in or falsification of records required
    14  to be kept pursuant to this article, or under any regulation promulgated
    15  thereunder,  or  failure to allow the commissioner or his or her author-
    16  ized agents to inspect records or pet dealer facilities.
    17    [3. Violation of any provision of this article or  conviction]  (c)  A
    18  violation of any provision of this article.

    19    2.  The  commissioner shall, consistent with article twenty-three-A of
    20  the correction law, decline to grant, or shall suspend, decline to renew
    21  or revoke a pet dealer license on any  one  of  the  following  grounds,
    22  unless  the  department  determines, in its discretion, that approval of
    23  the application will not in any way jeopardize  the  health,  safety  or
    24  welfare of animals:
    25    (a)  Conviction  of a violation of any provision of article twenty-six
    26  of this chapter or  regulations  promulgated  thereunder  pertaining  to
    27  humane treatment of animals, cruelty to animals, endangering the life or
    28  health of an animal[, or violation].
    29    (b)  Violation  of  any federal, state, or local law pertaining to the

    30  care, treatment, sale, possession, or handling of animals or  any  regu-
    31  lation or rule promulgated pursuant thereto relating to the endangerment
    32  of the life or health of an animal.
    33    [4.]  3. Before any license shall be suspended or revoked, the commis-
    34  sioner, or any hearing officer he or she may  designate,  shall  hold  a
    35  hearing,  upon  due notice to the licensee, in accordance with any regu-
    36  lations promulgated by the department and in  accordance  with  articles
    37  three and four of the state administrative procedure act.
    38    [5.]  4.  Any  action of the commissioner shall be subject to judicial
    39  review in a proceeding under article seventy-eight of the civil practice
    40  law and rules. The commissioner may suspend a pet dealer's license pend-
    41  ing a determination in an article seventy-eight proceeding.

    42    5. The refusal, suspension, or revocation of a  pet  dealer's  license
    43  under  this  section  shall  not prevent the levying of additional civil
    44  penalties, as provided in section four hundred six of this article,  for
    45  violations.
    46    §  6.    Section  405  of the agriculture and markets law, as added by
    47  chapter 259 of the laws of 2000, is amended to read as follows:
    48    § 405. Inspection of pet dealers. 1. The commissioner or  his  or  her
    49  authorized  agents  shall,  at a minimum, make yearly inspections of pet
    50  dealers' facilities to ensure compliance with  the  provisions  of  this
    51  article  and with the provisions of article thirty-five-D of the general
    52  business law[, except for those pet dealers who engage in  the  sale  of
    53  less than twenty-five animals in a year, in which case inspections shall

    54  be  made  whenever  in  the discretion of the commissioner or his or her
    55  authorized agents, a complaint warrants such investigation].

        A. 10150--A                         6
 
     1    2. The commissioner may, pursuant to an agreement entered into with  a
     2  county  or  city  delegate  the  authority to conduct inspections of pet
     3  dealers and to respond to complaints  concerning  pet  dealers  to  such
     4  county  or  city where the pet dealer is located[; provided however such
     5  delegation  of  inspection  authority  shall only be permitted where the
     6  commissioner has delegated his or her authority to issue licenses pursu-
     7  ant to section four hundred three of this article].
     8    3. Any person conducting an inspection of a pet dealer  or  responding

     9  to  a complaint concerning a pet dealer shall be specifically trained in
    10  the proper care of cats and dogs and in the investigation and  identifi-
    11  cation of cruelty to animals.
    12    4.  Any  person  conducting  an inspection of a pet dealer shall, upon
    13  belief that article twenty-six of this chapter or regulations promulgat-
    14  ed thereunder pertaining to humane  treatment  of  animals,  cruelty  to
    15  animals,  or  endangering  the  life  or  health  of an animal have been
    16  violated, report the  suspected  violation  to  a  duly  authorized  law
    17  enforcement  agent and to the commissioner in writing immediately, or as
    18  soon as is reasonably possible.
    19    5. The commissioner or any county or city  agent  duly  authorized  to

    20  conduct  inspections  of  pet  dealers may require pet dealers to pay an
    21  annual inspection fee to  be  paid  within  thirty  days  of  an  annual
    22  inspection.
    23    (a)  Any  moneys received by the commissioner pursuant to this section
    24  shall be deposited in the "pet dealer licensing fund" established pursu-
    25  ant to section ninety-seven-rr of the state finance law.
    26    (b) Any city or county is hereby  authorized  to  deposit  any  moneys
    27  received  pursuant  to  this  section in the respective city or county's
    28  general fund; into any fund created for the  purposes  of  administering
    29  this section; or into any fund providing for animal welfare generally.
    30    §  7.  The  agriculture  and  markets  law  is amended by adding a new
    31  section 408 to read as follows:

    32    § 408. Severability. If any provision of this article, or the applica-
    33  tion thereof to any person or circumstances, is held invalid  or  uncon-
    34  stitutional,  that  invalidity  or  unconstitutionality shall not affect
    35  other provisions or applications of  this  article  that  can  be  given
    36  effect without the invalid or unconstitutional provision or application,
    37  and to this end the provisions of this article are severable.
    38    §  8.  This  act  shall take effect on the sixtieth day after it shall
    39  have become a law. Effective immediately, the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this act on its effective date is authorized to be made and completed on
    42  or before such effective date.
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