NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5114B
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the agriculture and markets law and
the general business law, in relation to the sale of animals
PURPOSE: To further educate consumers of their rights concerning the
source and location of a pet, name of broker, veterinary treatments
received, to deter violations, and to extend the animal lemon law
SUMMARY OF PROVISIONS:
Section 1: amends subdivision 2 of section 405 of agriculture and
markets law to increase the minimum fine for a violation from 50 dollars
to 100 dollars.
Section 2: amends subdivision 1 of section 753 of general business law
by increasing the time from 14 business days to 180 calendar days when
the animal has a congenital malformation. It corrects a clerical error
referencing an incorrect section of the general business law.
Section 3: amends subdivisions 1(a) and 2(a) of section 753-b of general
business law to require, if applicable, a broker's name and address;
amends subdivision 2(b) of the same section to require the location the
dog was received (in conformity with 2(a)); corrects a typographical
error by hyphenating "non-elective" in subdivisions 1(e) (2) and 2(e)
(2).
Section 4: amends subdivision 1 of section 755 of general business law
to increase the minimum fine for a violation from 50 dollars to 100
dollars.
Section 5: effective date shall be on the 180th day after it shall have
become law,
JUSTIFICATION: Consumers have already been afforded many rights under
the agriculture and markets law and the general business law related to
the sale by pet dealers of dogs and cats. This bill seeks to further the
intent of those laws, heighten awareness, and encourage compliance ther-
eof.
In furtherance of disclosure, the information statement provided to
purchasers as set forth in general business law section 753-b shall now
include, if applicable, the broker's name and address for both cats and
dogs. Currently, only the breeder's name and address is required. It
will also require the location the dog was received. This is already
required for cats.
Increasing the minimum fines from 50 dollars to.150 dollars should help
to deter violations and requiring any fines to be satisfied prior to
renewal Of the pet dealer license should also help to encourage compli-
ance and deter violations.
General business law article 35-D is informally known as the animal
lemon law. It details the 'rights of a consumer if their newly purchased
pet is diagnosed with a congenital malformation, is unfit for purchase
due to illness, or has a contagious or infectious disease. These rights,
however, only apply if the pet is so diagnosed within fourteen business
days of the sale. Realistically, congenital malformations are riot read-
ily detected in very young animals.
Expanding the time frame to six months when the animal has a congenital
malformation is much more appropriate. Twenty states have animal lemon
laws. Fourteen out of the twenty states allow more than fourteen days.
Most of the larger states allow at least six months and some even allow
one year.
LEGISLATIVE HISTORY:; 2012: S7409/A10493 Agriculture
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become law.
