A00776 Summary:
BILL NO | A00776A |
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SAME AS | SAME AS S02273 |
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SPONSOR | Paulin |
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COSPNSR | Dinowitz, Seawright, Schmitt, Gottfried, Williams, McDonough, Sayegh, Walczyk |
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MLTSPNSR | Galef |
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Amd §402, Ag & Mkts L; amd §17-1704, NYC Ad Cd | |
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Requires pet dealers and pet shops to provide certain breeder and health information to purchasers of animals. |
A00776 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 776--A 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, SCHMITT, GOTTFRIED, WILLIAMS, McDONOUGH, SAYEGH, WALCZYK -- Multi-Sponsored by -- M. of A. GALEF -- 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 and the administrative code of the city of New York, in relation to requiring pet dealers and pet shops to provide certain breeder and health information to purchasers of animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Byron's law". 2 § 2. Section 402 of the agriculture and markets law, as added by chap- 3 ter 259 of the laws of 2000, subdivision 1 as amended by chapter 110 of 4 the laws of 2012, is amended to read as follows: 5 § 402. Records of purchase and sale. Each pet dealer shall keep and 6 maintain records for each animal purchased, acquired, held, sold, or 7 otherwise disposed of. The records shall include the following: 8 1. The name and address of and a telephone contact number for the 9 person from whom each animal was acquired. If the person from whom the 10 animal was obtained is a dealer licensed by the United States department 11 of agriculture, the person's name, address, and federal dealer identifi- 12 cation number. If the person from whom the animal was obtained is a 13 dealer licensed by the department, the person's name, address, and state 14 dealer identification number. In the case of cats, if a cat is placed in 15 the custody or possession of the pet dealer and the source of origin is 16 unknown, the pet dealer shall state the source of origin as unknown, 17 accompanied by the date, time, and location of receipt. Notwithstanding 18 the provisions of this subdivision, no pet dealer shall knowingly buy, 19 sell, exhibit, transport, or offer for sale, exhibition, or transporta- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02086-03-1A. 776--A 2 1 tion any stolen animal. No pet dealer shall knowingly sell any cat or 2 dog younger than eight weeks of age. 3 2. The original source of each animal if different than the person 4 recorded in subdivision one of this section. 5 3. The date each animal was acquired. 6 4. A description of each animal showing age, color, markings, sex, 7 breed of the animal and of the dam and sire of the animal, [and] any 8 inoculation, worming, or other veterinary treatment or medication infor- 9 mation available and any information available concerning hereditary, 10 genetic or congenital defects in the animal's lineage. Records shall 11 also include any other significant identification, if known, for each 12 animal, including any 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 7. Upon the sale, giving, barter or other transfer or delivery of an 21 animal as provided in subdivision five of this section, the pet dealer 22 shall provide the person to whom the animal is sold, given, bartered, 23 transferred or delivered with a copy of the information required by 24 subdivisions one, two, three and four of this section. 25 § 3. Section 17-1704 of the administrative code of the city of New 26 York, as added by local law number 5 of the city of New York for the 27 year 2015, subdivision a and paragraphs 2 and 8 of subdivision b as 28 amended by local law number 53 of the city of New York for the year 29 2015, is amended to read as follows: 30 §17-1704 Recordkeeping. a. Each pet shop shall keep and maintain 31 records and documentation for each dog or cat purchased, acquired, held, 32 sold, or otherwise disposed of with respect to the purchase, sale, deal- 33 ers, transportation, breeding, medical care and condition, identifica- 34 tion, and previous ownership of such animal. Each pet shop shall keep 35 and maintain such records and documentation for a period of five years 36 from the date such pet shop acquired each such dog or cat. 37 b. Such documentation and records shall be made available upon request 38 for inspection and copying by the department or other persons authorized 39 by law to enforce the provisions of this chapter. Consistent with the 40 New York state technology law, the department may promulgate rules for 41 the production, receipt, acceptance, acquisition, recording, filing, 42 transmission, forwarding, and storage of such records and documentation 43 by use of electronic means. Such records and documentation shall include 44 the following information: 45 1. Proof of purchase, adoption, or acceptance of such animal evincing 46 the source from which such pet shop obtained such animal; 47 2. The breeder's name, address, telephone contact number and federal 48 identification number; 49 3. Such animal's individual identifying tag, tattoo, or collar number; 50 4. The date of the animal's birth, the date the pet shop received the 51 animal, and the location where the animal was received. If the animal is 52 not advertised or sold as a purebred, registered or registerable, the 53 date of birth may be approximated if not known by the seller; 54 5. The animal's breed, sex, color and identifying marks at the time of 55 sale. If the breed is unknown or mixed, the record shall so indicate and 56 state the breed or breeds of the animal's dam and sire, if known;A. 776--A 3 1 6. A copy of any written statement provided to the purchaser pursuant 2 to section 17-1703 of this title; and 3 7. The name and address of the person to whom the animal was sold or 4 given for adoption. 5 8. Any statement or certification provided to the pet store by the 6 source from which it obtained the animal stating that such animal has 7 been implanted with a microchip for permanent identification. 8 9. A copy of any statement or certificate of registration relating to 9 microchip identification provided to the purchaser pursuant to section 10 17-815 of this title. 11 10. A copy of any record a dealer is required to include with the 12 shipment of an animal pursuant to the animal welfare act, 7 U.S.C. § 13 2131, et seq., or successor provision of law, and the rules promulgated 14 thereunder. 15 11. Such other records and documentation as deemed necessary by the 16 commissioner in accordance with rules promulgated by the department. 17 12. Any information available concerning hereditary, genetic or 18 congenital defects in the animal's lineage. 19 c. In addition to the documentation and records required under subdi- 20 vision a of this section, every pet shop shall keep and maintain the 21 following records for transactions involving one or more dogs: 22 1. If such a dog is being sold as registered or capable of being 23 registered with an animal pedigree registry organization, the names and 24 registration numbers of the sire and dam, and the litter number, if 25 known; 26 2. If the pet shop has released a dog to a purchaser without first 27 submitting a license application, a written statement provided by the 28 purchaser stating that the dog is to be harbored outside the city and 29 such proof as the commissioner may require indicating that such purchas- 30 er resides outside the city. 31 d. Upon the sale, giving, barter or other transfer or delivery of an 32 animal to a purchaser as provided in paragraph seven of subdivision b of 33 this section, the pet dealer shall provide the purchaser with a copy of 34 the information required by paragraphs two, five and twelve of subdivi- 35 sion b of this section. 36 § 4. This act shall take effect on the sixtieth day after it shall 37 have become a law. Effective immediately, the addition, amendment and/or 38 repeal of any rule or regulation necessary for the implementation of 39 this act on its effective date are authorized to be made and completed 40 on or before such date.