STATE OF NEW YORK
________________________________________________________________________
1731--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 11, 2011
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Introduced by M. of A. ROSENTHAL, WEPRIN, RAIA -- 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 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2 REPEALED.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 § 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 § 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01393-04-2
A. 1731--A 2
1 § 3. Section 753-d of the general business law, as added by chapter
2 259 of the laws of 2000, is amended to read as follows:
3 § 753-d. Construction with other laws. Nothing in this article shall
4 be construed to (a) limit or restrict agents or officers of societies
5 for the prevention of cruelty to animals or the police from enforcing
6 articles twenty-six and twenty-six-A of the agriculture and markets law
7 or any other law relating to the humane treatment of, or cruelty to,
8 animals, (b) limit or restrict any municipality from enacting or enforc-
9 ing any local laws, rules, regulations or ordinances of general applica-
10 tion to businesses governing public health, safety or the rights of
11 consumers, or (c) limit or restrict any municipality from enacting any
12 local laws, rules, regulations or ordinances governing pet dealers
13 provided, however, that no such local laws, rules, regulations or ordi-
14 nances shall be less stringent than this article. Any municipality that
15 adopts laws, rules, regulations or ordinances that are more stringent
16 than the provisions in this article, or that concern public health,
17 safety or the rights of consumers, has sole responsibility for enforce-
18 ment of such laws, rules, regulations, or ordinances.
19 § 4. Section 753-e of the general business law is REPEALED.
20 § 5. This act shall take effect immediately.
