S T A T E O F N E W Y O R K
________________________________________________________________________
740
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, WEPRIN, RAIA, ENGLEBRIGHT -- read once
and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the preemption of local laws; and to repeal
section 400-a of the agriculture and markets law and section 753-e of
the general business law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 400-a of the agriculture and markets law is
2 REPEALED.
3 S 2. Section 407 of the agriculture and markets law, as added by chap-
4 ter 259 of the laws of 2000, is amended to read as follows:
5 S 407. Construction with other laws. Nothing in this article shall be
6 construed to (A) limit or restrict agents or officers of societies for
7 the prevention of cruelty to animals or the police from enforcing other
8 provisions of article twenty-six of this chapter or any other law relat-
9 ing to the humane treatment of or cruelty to animals, (B) LIMIT OR
10 RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORCING ANY LOCAL LAWS,
11 RULES, REGULATIONS OR ORDINANCES OF GENERAL APPLICATION TO BUSINESSES
12 GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS, OR (C) LIMIT
13 OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY LOCAL LAWS, RULES, REGU-
14 LATIONS OR ORDINANCES GOVERNING PET DEALERS PROVIDED, HOWEVER, THAT NO
15 SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES SHALL BE LESS STRIN-
16 GENT THAN THIS ARTICLE. ANY MUNICIPALITY THAT ADOPTS LAWS, RULES, REGU-
17 LATIONS OR ORDINANCES THAT ARE MORE STRINGENT THAN THE PROVISIONS IN
18 THIS ARTICLE, OR THAT CONCERN PUBLIC HEALTH, SAFETY OR THE RIGHTS OF
19 CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF SUCH LAWS, RULES,
20 REGULATIONS, OR ORDINANCES.
21 S 3. Section 753-d of the general business law, as added by chapter
22 259 of the laws of 2000, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02345-01-3
A. 740 2
1 S 753-d. Construction with other laws. Nothing in this article shall
2 be construed to (A) limit or restrict agents or officers of societies
3 for the prevention of cruelty to animals or the police from enforcing
4 articles twenty-six and twenty-six-A of the agriculture and markets law
5 or any other law relating to the humane treatment of, or cruelty to,
6 animals, (B) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORC-
7 ING ANY LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES OF GENERAL APPLICA-
8 TION TO BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF
9 CONSUMERS, OR (C) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY
10 LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES GOVERNING PET DEALERS
11 PROVIDED, HOWEVER, THAT NO SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDI-
12 NANCES SHALL BE LESS STRINGENT THAN THIS ARTICLE. ANY MUNICIPALITY THAT
13 ADOPTS LAWS, RULES, REGULATIONS OR ORDINANCES THAT ARE MORE STRINGENT
14 THAN THE PROVISIONS IN THIS ARTICLE, OR THAT CONCERN PUBLIC HEALTH,
15 SAFETY OR THE RIGHTS OF CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCE-
16 MENT OF SUCH LAWS, RULES, REGULATIONS, OR ORDINANCES.
17 S 4. Section 753-e of the general business law is REPEALED.
18 S 5. This act shall take effect immediately.
