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A08653 Summary:

BILL NOA08653A
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Rpld §752 subs 3 & 8, amd Gen Bus L, generally; amd Ag & Mkts Law, generally; amd §97-rr, St Fin L; amd §209-cc, Gen Muni L
 
Relates to pet breeders; changes the term "pet dealer" to "pet breeder"; amends the definitions of pet breeders; repeals certain provisions of law related thereto.
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A08653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8653--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 22, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Agriculture -- recommitted to the Committee  on  Agricul-
          ture  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 general business law, the  agriculture  and  markets
          law, the state finance law, and the general municipal law, in relation
          to pet breeders; and to repeal certain provisions of the general busi-
          ness law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 752 of the general business law is
     2  REPEALED and a new subdivision 3 is added to read as follows:
     3    3. "Pet breeder" shall mean any person who breeds animals  and  sells,
     4  or  offers  to sell, more than nine animals per year, born and raised on
     5  such person's premises, directly to a consumer.
     6    § 2. Subdivision 8 of section 752  of  the  general  business  law  is
     7  REPEALED.
     8    §  3. Subdivisions 2 and 5 of section 752 of the general business law,
     9  subdivision 2 as added by chapter 431 of  the  laws  of  1988  and  such
    10  section  as renumbered by chapter 68 of the laws of 1993 and subdivision
    11  5 as added by chapter 259 of the laws of 2000, are amended  to  read  as
    12  follows:
    13    2.  "Consumer"  means  any  individual purchasing an animal from a pet
    14  [dealer] breeder. A pet [dealer]  breeder  shall  not  be  considered  a
    15  consumer.
    16    5.  "Person"  means  any  individual,  firm, corporation, partnership,
    17  association, municipality, or other legal entity.
    18    § 4. Subdivisions 1 and 2 of section 753-f  of  the  general  business
    19  law,  subdivision  1 as amended and subdivision 2 as added by chapter 35
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13058-06-6

        A. 8653--A                          2
 
     1  of the laws of 2023, are amended and a new subdivision  3  is  added  to
     2  read as follows:
     3    1.  [A  retail  pet  shop  as  defined in this article shall not sell,
     4  lease, offer to lease, offer to  sell,  barter,  auction,  or  otherwise
     5  transfer  ownership of any dog, cat or rabbit. This section shall not be
     6  construed to prohibit a retail pet  shop  from  collaborating  with  the
     7  following  entities  to  provide space to showcase dogs, cats or rabbits
     8  owned by such entities for the purpose of adoption;  any  duly  incorpo-
     9  rated  society  for  the prevention of cruelty to animals, duly incorpo-
    10  rated humane society, duly incorporated animal protective association or
    11  other duly incorporated animal adoption or  animal  rescue  organization
    12  that:
    13    (a)  is  exempt from taxes pursuant to paragraph (3) of subsection (c)
    14  of section 501 of the federal Internal Revenue Code, 26 U.S.C.  501,  or
    15  any  subsequent  corresponding  sections of the federal Internal Revenue
    16  Code, as from time to time amended;
    17    (b) is registered with the department pursuant to section four hundred
    18  eight of the agriculture and markets law;
    19    (c) is not affiliated with, or housed on the premises of a breeder  or
    20  broker  that  does  not  obtain  dogs, cats or rabbits from a breeder or
    21  broker in exchange for payment or compensation; and
    22    (d) does not resell dogs, cats or rabbits obtained from a  breeder  or
    23  broker  or  provide  payment  or compensation to such breeder or broker]
    24  Except as provided in subdivision two of this section, the transfer of a
    25  dog, cat, or rabbit for profit, including, but not limited to, the sale,
    26  offer for sale, lease, offer for lease, arrangement, or  negotiation  of
    27  such animals, is hereby prohibited.  No person, firm, corporation, part-
    28  nership,  or other legal entity shall transfer such animals in violation
    29  of this section.
    30    2. [This section] The prohibition on the transfer of dogs,  cats,  and
    31  rabbits prescribed in subdivision one of this section shall not [prohib-
    32  it a retail pet shop from receiving a reasonable rental fee for space to
    33  showcase  dogs,  cats  or  rabbits for adoption at such retail pet shop]
    34  apply to the following:
    35    (a) pet breeders, as defined in section  seven  hundred  fifty-two  of
    36  this article; or
    37    (b)  any  other  person who breeds and sells, or offers to sell, dogs,
    38  cats, or rabbits, born and raised on such person's premises, directly to
    39  a consumer.
    40    3. For purposes of enforcing this section, there shall be a rebuttable
    41  presumption that a person has leased, offered for lease,  sold,  offered
    42  for  sale,  arranged, negotiated or otherwise transferred or delivered a
    43  dog, cat or rabbit in violation of this chapter if such person fails  to
    44  provide  the  attorney  general  with documentation sufficient to demon-
    45  strate that they have engaged in lawful  conduct,  within  ten  days  of
    46  receiving  a  request  for such documentation. Failure to provide suffi-
    47  cient documentation shall constitute prima facie evidence of a violation
    48  and such presumption shall continue to apply in any enforcement proceed-
    49  ing. Such presumption may be  rebutted  only  by  clear  and  convincing
    50  evidence demonstrating that such person has engaged in lawful conduct.
    51    §  5.  Subdivisions  2,  3 and 4 of section 400 of the agriculture and
    52  markets law, subdivisions 2 and 3 as added by chapter 259 of the laws of
    53  2000 and subdivision 4 as amended by chapter 553 of the  laws  of  2022,
    54  paragraphs  (b)  and (c) of subdivision 4 as separately amended by chap-
    55  ters 681 and 683 of the laws of 2022, paragraph (d) of subdivision 4  as
    56  amended  and  paragraph  (e) as relettered by chapter 496 of the laws of

        A. 8653--A                          3
 
     1  2024, and paragraph (e) of subdivision 4 as added by chapter 681 of  the
     2  laws of 2022, are amended to read as follows:
     3    2.  "Consumer"  means  any  individual purchasing an animal from a pet
     4  [dealer] breeder. A pet [dealer]  breeder  shall  not  be  considered  a
     5  consumer.
     6    3.  "Person"  means  any  individual,  firm, corporation, partnership,
     7  association, municipality, or other legal entity.
     8    4. "Pet [Dealer] breeder" means any person who [engages in the sale or
     9  offering for sale of more than nine animals per year for profit  to  the
    10  public. Such definition shall include breeders who sell or offer] breeds
    11  animals  and  sells, or offers to sell, more than nine animals per year,
    12  born and raised on such a person's premises, directly  to  a  consumer[;
    13  provided that it shall not include the following:
    14    (a)  Any  breeder who sells or offers to sell directly to the consumer
    15  fewer than twenty-five animals per year that are born and raised on  the
    16  breeder's residential premises;
    17    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
    18  animals which makes such animals available for adoption whether or not a
    19  fee for such adoption is charged, established and maintained pursuant to
    20  subdivision one of section one hundred fourteen  of  this  chapter,  and
    21  that  is  duly licensed as an animal shelter pursuant to article twenty-
    22  six-C of this chapter;
    23    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    24  animals,  duly  incorporated  humane  society,  duly incorporated animal
    25  protective association or other duly  incorporated  animal  adoption  or
    26  animal  rescue  organization  dedicated  to the care of unwanted animals
    27  which makes such animals available for adoption whether or not a fee for
    28  such adoption is charged that is exempt from taxes pursuant to paragraph
    29  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    30  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    31  federal Internal Revenue Code, as from time to  time  amended,  that  is
    32  duly  licensed  as an animal shelter pursuant to article twenty-six-C of
    33  this chapter; and
    34    (d) Any public authority providing shelter services for  the  care  of
    35  unwanted animals.
    36    (e)  Any  retail  pet  shop as defined in subdivision eight of section
    37  seven hundred fifty-two of the general business law].
    38    § 6. The opening paragraph of  section  401  of  the  agriculture  and
    39  markets  law, as added by chapter 259 of the laws of 2000, is amended to
    40  read as follows:
    41    Pet [dealers] breeders shall comply with the following minimum  stand-
    42  ards of care for every animal in their custody or possession.
    43    §  7.  Paragraphs  (g)  and (h) of subdivision 1 of section 401 of the
    44  agriculture and markets law, as amended by chapter 149 of  the  laws  of
    45  2019, are amended to read as follows:
    46    (g) In the event that a pet [dealer] breeder has a pregnant or nursing
    47  dog on [his or her] such pet breeder's premises, the pet [dealer] breed-
    48  er  shall  provide  a whelping box for such dog. Separate and apart from
    49  the whelping box, a pet [dealer] breeder shall  provide  a  pregnant  or
    50  nursing  dog  with a separate space accessible to her that complies with
    51  the standards set forth in paragraph (b) of this subdivision. Each nurs-
    52  ing dog shall be provided with a sufficient amount  of  floor  space  to
    53  nurse and care for her litter.
    54    (h)  Pet  [dealers]  breeders shall designate and provide an isolation
    55  area for animals that exhibit symptoms of contagious disease or illness.
    56  The location of such designated area must  be  such  as  to  prevent  or

        A. 8653--A                          4
 
     1  reduce  the spread of disease to healthy animals and must otherwise meet
     2  all housing requirements of this section.
     3    §  8. Subdivision 5 of section 401 of the agriculture and markets law,
     4  as added by chapter 259 of the laws of 2000, paragraph (a) as  added  by
     5  chapter 110 of the laws of 2012, subparagraphs (iv) and (v) of paragraph
     6  (a)  as amended and subparagraph (vi) of paragraph (a) as added by chap-
     7  ter 149 of the laws of 2019, paragraphs (b), (d) and (e)  as  relettered
     8  by chapter 110 of the laws of 2012 and paragraph (c) as amended by chap-
     9  ter 528 of the laws of 2014, is amended to read as follows:
    10    5. Veterinary care.  (a) Any pet [dealer] breeder duly licensed pursu-
    11  ant to this article shall designate an attending veterinarian, who shall
    12  provide  veterinary care to the [dealer's] breeder's animals which shall
    13  include a written program of veterinary care and regular visits  to  the
    14  pet [dealer's] breeder's premises. Such program of veterinary care shall
    15  include:
    16    (i)  The availability of appropriate facilities, personnel, equipment,
    17  and services to comply with the provisions of this article;
    18    (ii) The use of methods determined to be appropriate by the  attending
    19  veterinarian  to prevent, control, and respond to diseases and injuries,
    20  and the availability of emergency, weekend, and holiday care;
    21    (iii) Daily observation of all animals  to  assess  their  health  and
    22  well-being;  provided, however, that daily observation of animals may be
    23  accomplished by someone other than the attending  veterinarian  who  has
    24  received the guidance identified in subparagraph (iv) of this paragraph;
    25  and  provided, further, that a mechanism of direct and frequent communi-
    26  cation is required so that timely and accurate information  on  problems
    27  of  animal health, behavior, and well-being is conveyed to the attending
    28  veterinarian;
    29    (iv) Adequate guidance to personnel involved in the care  and  use  of
    30  animals regarding handling and immobilization;
    31    (v)  Pre-procedural and post-procedural care in accordance with estab-
    32  lished veterinary medical and nursing procedures; and
    33    (vi) [In the case of dealers who sell or offer to sell twenty-five  or
    34  more  dogs  or  cats per year to the public for profit that are born and
    35  raised on the dealer's residential premises, annual]  Annual  veterinary
    36  examinations,  at  a  minimum, for all intact adult dogs or cats on such
    37  [dealer's] breeder's premises.
    38    (b) All animals shall be inoculated as required by state or local law.
    39  Veterinary care appropriate to the species  shall  be  provided  without
    40  undue  delay  when  necessary. Each animal shall be observed each day by
    41  the pet [dealer] breeder or by a person working under the pet [dealer's]
    42  breeder's supervision.
    43    (c) Within five business days of receipt, but prior to sale of any dog
    44  or cat, the pet [dealer] breeder shall have a duly licensed veterinarian
    45  conduct an examination and tests appropriate to the  age  and  breed  to
    46  determine  if the animal has any medical conditions apparent at the time
    47  of the examination that adversely affect the health of the  animal.  For
    48  animals  eighteen months of age or older, such examination shall include
    49  a diagnosis of any  congenital  conditions  that  adversely  affect  the
    50  health  of  the  animal.  Any animal diagnosed with a contagious disease
    51  shall be treated and caged separately from healthy animals.
    52    (d) If an animal suffers from a congenital  or  hereditary  condition,
    53  disease, or illness which, in the professional opinion of the pet [deal-
    54  er's]  breeder's  veterinarian,  requires  euthanasia,  the veterinarian
    55  shall humanely euthanize such animal without undue delay.

        A. 8653--A                          5
 
     1    (e) In the event an animal is returned to a pet [dealer]  breeder  due
     2  to  a  congenital or hereditary condition, illness, or disease requiring
     3  veterinary care, the pet [dealer] breeder shall,  without  undue  delay,
     4  provide the animal with proper veterinary care.
     5    §  9. Subdivision 7 of section 401 of the agriculture and markets law,
     6  as added by chapter 110 of the laws of  2012,  is  amended  to  read  as
     7  follows:
     8    7.  Exercise requirements. Pet [dealers] breeders shall develop, main-
     9  tain, document, and implement an appropriate plan to provide  dogs  with
    10  the  opportunity  for daily exercise. In developing such plan, consider-
    11  ation should be given to providing positive physical contact with humans
    12  that encourages exercise through play or other similar activities.  Such
    13  plan  shall  be approved by the attending veterinarian, and must be made
    14  available to the department upon request.
    15    § 10. Section 402 of the agriculture and  markets  law,  as  added  by
    16  chapter  259 of the laws of 2000 and subdivision 1 as amended by chapter
    17  110 of the laws of 2012, is amended to read as follows:
    18    § 402. Records of purchase and sale.  1.  Each  pet  [dealer]  breeder
    19  shall  keep  and maintain records for each animal [purchased, acquired,]
    20  held, sold, offered for sale or otherwise disposed of. The records shall
    21  include the following:
    22    [1. The name and address of the  person  from  whom  each  animal  was
    23  acquired.  If  the  person from whom the animal was obtained is a dealer
    24  licensed by the United States department of  agriculture,  the  person's
    25  name,  address,  and federal dealer identification number. If the person
    26  from whom the animal was obtained is a dealer licensed  by  the  depart-
    27  ment,  the  person's  name,  address,  and  state  dealer identification
    28  number. In the case of cats, if a  cat  is  placed  in  the  custody  or
    29  possession  of  the  pet dealer and the source of origin is unknown, the
    30  pet dealer shall state the source of origin as unknown,  accompanied  by
    31  the  date, time, and location of receipt. Notwithstanding the provisions
    32  of this subdivision, no pet dealer shall knowingly buy,  sell,  exhibit,
    33  transport,  or  offer for sale, exhibition, or transportation any stolen
    34  animal. No pet dealer shall knowingly sell any cat or dog  younger  than
    35  eight weeks of age.
    36    2.  The  original  source  of each animal if different than the person
    37  recorded in subdivision one of this section.
    38    3. The date each animal was acquired.
    39    4.] (a) A description of each animal  showing  age,  color,  markings,
    40  sex,  breed, and any inoculation, worming, or other veterinary treatment
    41  or medication information available.  Records  shall  also  include  any
    42  other  significant  identification, if known, for each animal, including
    43  any official tag number, tattoo, or implant.
    44    [5.] (b) The name and address of the person  to  whom  any  animal  is
    45  sold,  given,  or  bartered  or  to  whom it is otherwise transferred or
    46  delivered. The records shall indicate the date and  method  of  disposi-
    47  tion.
    48    [6.]  2.  Records  for each animal shall be maintained for a period of
    49  two years from the date of sale or  transfer,  whichever  occurs  later.
    50  During  normal  business  hours,  the records shall be made available to
    51  persons authorized by law to enforce the provisions of this article.
    52    3. No pet breeder shall knowingly buy, sell,  exhibit,  transport,  or
    53  offer  for sale, exhibition, or transportation any stolen animal. No pet
    54  breeder shall knowingly sell any cat or dog younger than eight weeks  of
    55  age.

        A. 8653--A                          6
 
     1    § 11. The opening paragraph and subdivisions 2 and 4 of section 404 of
     2  the agriculture and markets law, the opening paragraph and subdivision 2
     3  as added by chapter 259 of the laws of 2000 and subdivision 4 as amended
     4  by chapter 256 of the laws of 2013, are amended to read as follows:
     5    The  commissioner  may  decline  to  grant  or renew or may suspend or
     6  revoke a pet [dealer] breeder license,  on  any  one  of  the  following
     7  grounds:
     8    2. Material misstatement in or falsification of records required to be
     9  kept pursuant to this article, or under any regulation promulgated ther-
    10  eunder,  or  failure  to  allow  the  commissioner  or [his or her] such
    11  commissioner's authorized agents to  inspect  records  or  pet  [dealer]
    12  breeder facilities.
    13    4. Before any license shall be suspended or revoked, the commissioner,
    14  or  any  hearing  officer  [he  or she] such commissioner may designate,
    15  shall hold a hearing, upon due notice to  the  licensee,  in  accordance
    16  with  any  regulations  promulgated  by the department and in accordance
    17  with articles three and four of the state administrative procedure  act.
    18  Where a licensee has three consecutive inspections in which the licensee
    19  has  failed  to  correct  deficiencies of a critical nature, pursuant to
    20  this section, the commissioner shall hold  a  hearing  to  consider  the
    21  suspension or revocation of the pet [dealer] breeder license. Nothing in
    22  this  section  shall  prohibit  the  commissioner from taking additional
    23  actions as otherwise permitted by this section regarding  such  licenses
    24  prior  to  the  occurrence of three consecutive inspections in which the
    25  licensee has failed to correct deficiencies of a critical nature.
    26    § 12. Section 405 of the agriculture and  markets  law,  as  added  by
    27  chapter 259 of the laws of 2000, is amended to read as follows:
    28    §  405.  Inspection  of pet [dealers] breeders. 1. The commissioner or
    29  [his or her] such commissioner's authorized agents shall, at a  minimum,
    30  make yearly inspections of pet [dealers'] breeders' facilities to ensure
    31  compliance  with  the provisions of this article and with the provisions
    32  of article thirty-five-D of the general business law[, except for  those
    33  pet dealers who engage in the sale of less than twenty-five animals in a
    34  year,  in  which  case inspections shall]. Additional inspections of pet
    35  breeders may be made whenever in the discretion of the  commissioner  or
    36  [his or her] such commissioner's authorized agents, a complaint warrants
    37  such investigation.
    38    2.  The commissioner may, pursuant to an agreement entered into with a
    39  county or city delegate the authority  to  conduct  inspections  of  pet
    40  [dealers] breeders and to respond to complaints concerning pet [dealers]
    41  breeders  to  such  county  or  city  where  the pet [dealer] breeder is
    42  located; provided however such delegation of inspection authority  shall
    43  only be permitted where the commissioner has delegated [his or her] such
    44  commissioner's  authority  to  issue  licenses  pursuant to section four
    45  hundred three of this article.
    46    3. Any person conducting an inspection of a pet  [dealer]  breeder  or
    47  responding  to  a  complaint  concerning a pet [dealer] breeder shall be
    48  specifically trained in the proper care of cats  and  dogs  and  in  the
    49  investigation and identification of cruelty to animals.
    50    § 13. Subdivision 1 of section 406 of the agriculture and markets law,
    51  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
    52  follows:
    53    1. In addition  to  the  penalties  provided  for  elsewhere  in  this
    54  section,  a  pet  [dealer]  breeder  who violates any provisions of this
    55  article may be subject to denial, revocation, suspension, or refusal  of

        A. 8653--A                          7
 
     1  renewal  of  [his  or her] such pet breeder's license in accordance with
     2  the provisions of section four hundred four of this article.
     3    §  14.  Section  407 of the agriculture and markets law, as amended by
     4  chapter 5 of the laws of 2014, 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  authorized
    11  local law, rule, regulation or ordinance of general application to busi-
    12  nesses  governing  public  health, safety or the rights of consumers, or
    13  (c) limit or restrict any municipality  from  enacting  or  enforcing  a
    14  local  law, rule, regulation or ordinance governing pet [dealers] breed-
    15  ers, as such term is defined in this article,  including  a  law,  rule,
    16  regulation  or  ordinance  governing  the  health  or  safety of animals
    17  [acquired or maintained by pet dealers, the source of animals]  sold  or
    18  offered  for  sale  by pet [dealers] breeders, and the spay or neuter of
    19  such animals; provided, however, that any such local  law,  rule,  regu-
    20  lation  or  ordinance  shall  be  no  less stringent than the applicable
    21  provisions of this article and may not result in essentially banning all
    22  sales of dogs or cats raised and  maintained  in  [a  healthy  and  safe
    23  manner]  accordance  with this article. Where any penalty may be author-
    24  ized for the violation of such a local law, rule,  regulation  or  ordi-
    25  nance,  the  authorized  penalty  in such local law, rule, regulation or
    26  ordinance may not exceed a civil penalty of up to five hundred  dollars.
    27  Where  a municipality adopts such a local law, rule, regulation or ordi-
    28  nance that is more stringent than  the  applicable  provisions  of  this
    29  article,  such  municipality shall have sole responsibility for enforce-
    30  ment of such law, rule, regulation or ordinance that is  more  stringent
    31  than the applicable provisions of this article.
    32    § 15. Section 751 of the general business law, as added by chapter 431
    33  of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
    34  is amended to read as follows:
    35    §  751.  Legislative intent. It is hereby determined and declared that
    36  supervision by the state of the sale of dogs or cats  by  pet  [dealers]
    37  breeders is within the public interest and for the purpose of safeguard-
    38  ing  the  public  and  insuring  the humane treatment of such animals by
    39  guaranteeing the good health of such dogs or cats in the course of  such
    40  transactions, or providing other alternatives to the consumer.
    41    § 16. Subdivisions 1, 2, 2-a and 4 of section 753 of the general busi-
    42  ness  law,  subdivision 1 as amended by chapter 251 of the laws of 2013,
    43  subdivisions 2 and 4 as added by chapter 431 of the  laws  of  1988  and
    44  such  section as renumbered by chapter 68 of the laws of 1993 and subdi-
    45  vision 2-a as added by chapter 180 of the laws of 2002, are  amended  to
    46  read as follows:
    47    1.  If,  within fourteen business days following the sale of an animal
    48  subject to this article or receipt of the  written  notice  required  by
    49  section  seven  hundred  fifty-four  of this article, whichever occurred
    50  last, a veterinarian of the consumer's choosing,  licensed  by  a  state
    51  certifies  such  animal  to  be unfit for purchase due to illness or the
    52  presence of symptoms of a contagious or infectious disease, or if, with-
    53  in one hundred eighty calendar days  following  such  sale  or  receipt,
    54  whichever  occurred  last, a licensed veterinarian certifies such animal
    55  to be unfit for purchase due to a congenital malformation which adverse-

        A. 8653--A                          8
 
     1  ly affects the health of the animal,  the  pet  [dealer]  breeder  shall
     2  afford the consumer the right to choose one of the following options:
     3    (a)  The  right  to  return  the  animal  and  receive a refund of the
     4  purchase price including  sales  tax  and  reasonable  veterinary  costs
     5  directly  related to the veterinarian's certification that the animal is
     6  unfit for purchase pursuant to this section;
     7    (b) The right to return the animal and to receive an  exchange  animal
     8  of  the  consumer's choice of equivalent value and reasonable veterinary
     9  costs directly related to  the  veterinarian's  certification  that  the
    10  animal is unfit for purchase pursuant to this section; or
    11    (c) The right to retain the animal and to receive reimbursement from a
    12  pet [dealer] breeder for veterinary services from a licensed veterinari-
    13  an  of  the consumer's choosing, for the purpose of curing or attempting
    14  to cure the  animal.  The  reasonable  value  of  reimbursable  services
    15  rendered  to  cure or attempting to cure the animal shall not exceed the
    16  purchase price of the animal. The value of such services  is  reasonable
    17  if  comparable  to  the  value  of  similar  services  rendered by other
    18  licensed veterinarians in proximity to the treating  veterinarian.  Such
    19  reimbursement shall not include the costs of initial veterinary examina-
    20  tion fees and diagnostic fees not directly related to the veterinarian's
    21  certification  that  the  animal  is unfit for purchase pursuant to this
    22  section.
    23    The commissioner by regulations shall prescribe a form  for,  and  the
    24  content  of,  the  certification  that  an animal is unfit for purchase,
    25  which shall be provided by an examining veterinarian to a consumer  upon
    26  the  examination of an animal which is subject to the provisions of this
    27  section. Such form shall include, but not  be  limited  to,  information
    28  which  identifies  the type of animal, the owner, the date and diagnosis
    29  of the animal, the treatment recommended if any, and an estimate or  the
    30  actual  cost  of such treatment. Such form shall also include the notice
    31  prescribed in section seven hundred fifty-four of this article.
    32    The commissioner by  regulations  shall  prescribe  information  which
    33  shall be provided in writing by the pet [dealer] breeder to the consumer
    34  upon  the sale of the animal. Such information shall include, but not be
    35  limited to, a description, including breed of the animal,  the  date  of
    36  purchase,  the  name,  address and telephone number of the consumer, and
    37  the amount of the purchase. The pet [dealer] breeder shall certify  such
    38  information by signing the document in which it is contained.
    39    2. The refund and/or reimbursement required by subdivision one of this
    40  section  shall  be  made  by the pet [dealer] breeder not later than ten
    41  business days following receipt of a signed veterinary certification  as
    42  herein required. Such certification shall be presented to the pet [deal-
    43  er] breeder not later than three business days following receipt thereof
    44  by the consumer.
    45    2-a.  Every  pet  [dealer]  breeder who sells an animal required to be
    46  vaccinated  against  rabies,  pursuant  to  section  twenty-one  hundred
    47  forty-one  of  the  public  health  law, to a consumer shall provide the
    48  consumer at point of sale with a written notice, provided by the depart-
    49  ment of health, summarizing rabies immunization requirements.
    50    4. In the event that a pet [dealer] breeder wishes to contest a demand
    51  for refund, exchange or reimbursement made by  a  consumer  pursuant  to
    52  this  section, such [dealer] breeder shall have the right to require the
    53  consumer to produce the animal for examination by a licensed veterinari-
    54  an designated by such [dealer] breeder. Upon such  examination,  if  the
    55  consumer and the [dealer] breeder are unable to reach an agreement which
    56  constitutes  one  of  the  options  set forth in subdivision one of this

        A. 8653--A                          9
 
     1  section within ten business days following receipt  of  the  animal  for
     2  such  examination,  the  consumer  may  initiate an action in a court of
     3  competent jurisdiction to recover or obtain such refund, exchange and/or
     4  reimbursement.
     5    § 17. Section 753-a of the general business law, as amended by chapter
     6  110  of the laws of 2012, subdivision 1 as amended by chapter 528 of the
     7  laws of 2014, is amended to read as follows:
     8    § 753-a. Veterinarian examination. 1. Within  five  business  days  of
     9  receipt,  but  prior  to  the  sale  of any dog or cat, the pet [dealer]
    10  breeder shall have a duly licensed veterinarian conduct  an  examination
    11  and  tests  appropriate  to the breed and age to determine if the animal
    12  has any medical conditions apparent at the time of the examination  that
    13  adversely  affect  the health of the animal. For animals eighteen months
    14  of age or older, such examination  shall  include  a  diagnosis  of  any
    15  congenital  conditions  that  adversely affect the health of the animal.
    16  Any animal diagnosed with a contagious  disease  shall  be  treated  and
    17  caged  separately  from  healthy animals in accordance with section four
    18  hundred one of the agriculture and markets law.
    19    2. All animals shall be vaccinated as required by state or local  law.
    20  Veterinary  care  appropriate  to  the species shall be provided without
    21  undue delay when necessary. Each animal shall be observed  each  day  by
    22  the pet [dealer] breeder or by a person working under the pet [dealer's]
    23  breeder's supervision.
    24    3.  No pet [dealer] breeder shall knowingly sell any animal that has a
    25  diagnosed congenital condition  or  contagious  disease  that  adversely
    26  affects  the  health of the animal without first informing the consumer,
    27  in writing, of such condition.
    28    § 18. Section 753-b of the general business law, as amended by chapter
    29  251 of the laws of 2013, is amended to read as follows:
    30    § 753-b. Information  statement  for  purchaser.  Every  pet  [dealer]
    31  breeder  shall  deliver  to  the  purchaser of an animal, at the time of
    32  sale, a written statement in  a  standardized  form  prescribed  by  the
    33  commissioner  of agriculture and markets containing the following infor-
    34  mation:
    35    1. For cats:
    36    (a) The breeder's [and, if applicable, broker's] name and address[, if
    37  known, or, if not known, the source of the cat. If the person from  whom
    38  the  cat  was obtained is a dealer licensed by the United States depart-
    39  ment of agriculture, the person's name, address, and federal identifica-
    40  tion number];
    41    (b) The date of the cat's birth[, unless unknown because of the source
    42  of the cat, the date the pet dealer received the cat, and  the  location
    43  where the cat was received];
    44    (c)  A record of immunizations and worming treatments administered, if
    45  any, to the cat as of the  time  of  sale  while  the  cat  was  in  the
    46  possession  of the pet [dealer] breeder, including the dates of adminis-
    47  tration and the type of vaccines or worming treatments administered;
    48    (d) A record of any known disease, sickness, or  congenital  condition
    49  that adversely affects the health of the cat at the time of sale;
    50    (e) A record of any veterinary treatment or medication received by the
    51  cat  while  in  the possession of the pet [dealer] breeder and either of
    52  the following:
    53    (i) A statement, signed by the pet [dealer] breeder  at  the  time  of
    54  sale,  indicating all of the following: (1) The cat has no known disease
    55  or illness; (2) The cat has no known congenital or hereditary  condition
    56  that adversely affects the health of the cat at the time of sale; or

        A. 8653--A                         10
 
     1    (ii)  A  record  of  any  known  congenital  or  hereditary condition,
     2  disease, or illness that adversely affects the health of the cat at  the
     3  time  of  sale, along with a statement signed by a licensed veterinarian
     4  that authorizes the sale of the cat, recommends necessary treatment,  if
     5  any,  and  verifies  that  the  condition,  disease  or illness does not
     6  require hospitalization or non-elective surgical procedures, and is  not
     7  likely to require hospitalization or non-elective surgical procedures in
     8  the  future.  A veterinarian statement is not required for intestinal or
     9  external parasites unless their presence makes the cat clinically ill or
    10  is likely to make the cat clinically ill. The statement shall  be  valid
    11  for  fourteen  business  days  following  examination  of the cat by the
    12  veterinarian.
    13    2. For dogs:
    14    (a) The breeder's [and, if applicable, broker's] name and address[, if
    15  known, or if not known, the source of the dog. If the person  from  whom
    16  the  dog  was obtained is a dealer licensed by the United States depart-
    17  ment of agriculture, the person's name, address, and federal identifica-
    18  tion number];
    19    (b) The date of the dog's birth [and the date  and  location  the  pet
    20  dealer received the dog. If the dog is not advertised or sold as a pure-
    21  bred,  registered  or registrable, the date of birth may be approximated
    22  if not known by the seller];
    23    (c) The breed, sex, color and identifying marks at the time  of  sale.
    24  [If  the  dog is from a United States department of agriculture licensed
    25  source, the individual identifying tag, tattoo,  or  collar  number  for
    26  that  animal.]  If  the  breed  is unknown or mixed, the record shall so
    27  indicate. If the dog is being sold as being capable of registration, the
    28  names and registration numbers of the  sire  and  dam,  and  the  litter
    29  number, if known;
    30    (d)  A  record of inoculations and worming treatments administered, if
    31  any, to the dog as of the  time  of  sale  while  the  dog  was  in  the
    32  possession  of  the  pet  [dealer]  breeder, including dates of adminis-
    33  tration and the type of vaccines and/or worming treatments administered;
    34    (e) A record of any veterinary treatment or medication received by the
    35  dog while in the possession of the pet [dealer] breeder  and  either  of
    36  the following:
    37    (i)  A  statement,  signed  by the pet [dealer] breeder at the time of
    38  sale, indicating all of the following: (1) The dog has no known  disease
    39  or  illness; (2) The dog has no known congenital or hereditary condition
    40  that adversely affects the health of the dog at the time of the sale; or
    41    (ii) A record of any known congenital or hereditary condition, disease
    42  or illness that adversely affects the health of the dog at the  time  of
    43  sale,  along  with  a  statement  signed by a licensed veterinarian that
    44  authorizes the sale of the dog, recommends necessary treatment, if  any,
    45  and  verifies  that  the condition, disease, or illness does not require
    46  hospitalization or non-elective surgical procedures, and is  not  likely
    47  to  require  hospitalization  or non-elective surgical procedures in the
    48  future. A veterinarian statement  is  not  required  for  intestinal  or
    49  external parasites unless their presence makes the dog clinically ill or
    50  is  likely  to make the dog clinically ill. The statement shall be valid
    51  for fourteen business days following  examination  of  the  dog  by  the
    52  veterinarian.
    53    (f)  Notification  that  dogs  residing  in  New  York  state  must be
    54  licensed, and that a license may be obtained from  the  municipality  in
    55  which the dog resides.

        A. 8653--A                         11

     1    3.  A  disclosure  made  pursuant  to  subdivision  one or two of this
     2  section shall be signed by both the pet [dealer] breeder certifying  the
     3  accuracy of the statement and the purchaser acknowledging receipt of the
     4  statement.  At the time of sale, each pet [dealer] breeder shall provide
     5  the  purchaser with information on the value of spaying and neutering of
     6  dogs and cats.
     7    4. Every pet [dealer] breeder shall post  conspicuously  within  close
     8  proximity  to  the  cages  of  dogs  and cats offered for sale, a notice
     9  containing the following language in one hundred-point  type:  "Informa-
    10  tion [on the source of these dogs and cats and] regarding the veterinary
    11  treatments  received  by  these dogs and cats is available for review by
    12  prospective purchasers."
    13    § 19. Section 753-c of the general business law, as added  by  chapter
    14  259 of the laws of 2000, is amended to read as follows:
    15    §  753-c.  Animal  pedigree  registration. 1. Representation regarding
    16  animal's pedigree registration. Any pet  [dealer]  breeder  who  states,
    17  promises,  or  represents  that  an  animal  is registered or capable of
    18  registration with an animal pedigree registry organization shall provide
    19  the purchaser with the appropriate documents necessary for  such  regis-
    20  tration  within one hundred twenty days following sale of the animal. If
    21  the purchaser notifies the pet [dealer] breeder in writing on or  before
    22  such  time that [he or she] the purchaser has not received the appropri-
    23  ate registration documents, the pet  [dealer]  breeder  shall  have,  in
    24  addition  to  the  one  hundred twenty days, sixty more days in which to
    25  provide the appropriate documents.
    26    2. If a pet [dealer] breeder fails to provide  documents  as  required
    27  under  subdivision  one  of  this  section,  the purchaser, upon written
    28  notice to the pet [dealer] breeder, may keep the animal  and  receive  a
    29  partial  refund  of seventy-five percent of the purchase price, in which
    30  event the pet [dealer] breeder shall not be required to  provide  regis-
    31  tration documents.  Acceptance by the purchaser of appropriate registra-
    32  tion  documents,  whether  or  not  within the time periods set forth in
    33  subdivision one of this section, shall be deemed a waiver of  the  right
    34  to a partial refund pursuant to this subdivision.
    35    3. Registration notice-disclosure statement. (a) A pet [dealer] breed-
    36  er that sells animals registered or registrable with a pedigree registry
    37  shall  post  conspicuously  within  close  proximity  to those animals a
    38  notice that states: "Pedigree registration  means  that  the  particular
    39  registry  maintains  information  on  the  parentage and identity of the
    40  animal".
    41    (b) For every animal sold by a pet [dealer] breeder that is sold  with
    42  the  representation that the animal is registered or registrable with an
    43  animal pedigree registry organization,  the  following  fully  completed
    44  disclosure  shall  be  made  by the pet [dealer] breeder in writing on a
    45  sheet separate from any other statement in substantially  the  following
    46  form:    "Disclosure  of  Animal  pedigree  registration: Description of
    47  animal: The animal you are purchasing is registered/registrable  (circle
    48  one)  with  the (enter name of registry). Registration means that (enter
    49  name of registry) maintains  information  regarding  the  parentage  and
    50  identity  of  this  animal.  Persons buying animals represented by a pet
    51  [dealer] breeder as being registrable are entitled to the papers  neces-
    52  sary to effect such registration within 120 days of purchase. Failure to
    53  provide such papers entitles the purchaser to remedies under law. Howev-
    54  er,  if  the  purchaser notifies the pet [dealer] breeder within the 120
    55  day period that [he or she] the purchaser has not received such  papers,
    56  the  pet [dealer] breeder shall have an additional 60 days commencing at

        A. 8653--A                         12
 
     1  the end of the 120  day  period  in  which  to  provide  the  documents.
     2  Acknowledged:  Date: Purchaser's Signature."
     3    (c)  The  disclosure shall be signed and dated by the purchaser of the
     4  animal, acknowledging receipt of a copy of the statement. The pet [deal-
     5  er] breeder shall retain a copy of the signed disclosure.
     6    § 20. Section 753-d of the general business law, as amended by chapter
     7  5 of the laws of 2014, is amended to read as follows:
     8    § 753-d. Construction with other laws. Nothing in this  article  shall
     9  be  construed  to  (a) limit or restrict agents or officers of societies
    10  for the prevention of cruelty to animals or the  police  from  enforcing
    11  articles  twenty-six and twenty-six-A of the agriculture and markets law
    12  or any other law relating to the humane treatment  of,  or  cruelty  to,
    13  animals, (b) limit or restrict any municipality from enacting or enforc-
    14  ing  any  authorized local law, rule, regulation or ordinance of general
    15  application to businesses governing public health, safety or the  rights
    16  of consumers, or (c) limit or restrict any municipality from enacting or
    17  enforcing  a  local  law,  rule,  regulation  or ordinance governing pet
    18  [dealers] breeders, as such term is defined in this article, including a
    19  law, rule, regulation or ordinance governing the  health  or  safety  of
    20  animals  [acquired  or maintained by pet dealers, the source of animals]
    21  sold or offered for sale by pet [dealers]  breeders,  and  the  spay  or
    22  neuter  of  such  animals;  provided,  however, that any such local law,
    23  rule, regulation or ordinance shall be no less stringent than the appli-
    24  cable provisions of this article  and  may  not  result  in  essentially
    25  banning all sales of dogs or cats raised and maintained in a healthy and
    26  safe  manner.  Where  any penalty may be authorized for the violation of
    27  such a local law, rule, regulation or ordinance, the authorized  penalty
    28  in  such local law, rule, regulation or ordinance may not exceed a civil
    29  penalty of up to five hundred dollars. Where a municipality adopts  such
    30  a  local  law, rule, regulation or ordinance that is more stringent than
    31  the applicable provisions of this article, such municipality shall  have
    32  sole  responsibility  for  enforcement  of such law, rule, regulation or
    33  ordinance that is more stringent than the applicable provisions of  this
    34  article.
    35    §  21.  Section 754 of the general business law, as amended by chapter
    36  68 of the laws of 1993, is amended to read as follows:
    37    § 754. Notice. Every pet [dealer] breeder who sells  an  animal  to  a
    38  consumer shall post a notice clearly visible to the consumer and provide
    39  the  consumer  at  the  time  of  sale with a written notice, printed or
    40  typed, setting forth  the  rights  provided  under  this  article.  Such
    41  notices  shall be prescribed by the commissioner, but the written notice
    42  may be contained in a written contract, an animal history certificate or
    43  separate document, provided such notices are in ten-point boldface type.
    44  No pet [dealer] breeder shall restrict or diminish by contract or other-
    45  wise, the rights provided under this article.
    46    § 22. Subdivision 1-a of section 755 of the general business  law,  as
    47  amended  by  chapter  272  of  the  laws  of 2018, is amended to read as
    48  follows:
    49    1-a. Any person who violates any provision of  section  seven  hundred
    50  fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
    51  [or] seven hundred fifty-three-e, or seven hundred fifty-three-f of this
    52  article  may  also  be  subject to denial, suspension, revocation of, or
    53  refusal to renew a pet [dealer] breeder license, in accordance with  the
    54  provisions  of  sections four hundred three and four hundred four of the
    55  agriculture and markets law.

        A. 8653--A                         13
 
     1    § 23. The section heading and subdivisions 1 and 3 of section 97-rr of
     2  the state finance law, as added by chapter 259 of the laws of 2000,  are
     3  amended to read as follows:
     4    Pet [dealer] breeder licensing fund. 1. There is hereby established in
     5  the joint custody of the state comptroller and the commissioner of taxa-
     6  tion  and  finance,  a  fund  to  be  known as the "pet [dealer] breeder
     7  licensing fund".
     8    3. Monies of the fund shall be expended solely  for  the  purposes  of
     9  carrying  out  the  provisions  of  article thirty-five-D of the general
    10  business law and article twenty-six-A of  the  agriculture  and  markets
    11  law.  Monies  shall  be paid out of the fund on the audit and warrant of
    12  the state comptroller on vouchers approved by the commissioner of  agri-
    13  culture  and markets. Any interest received by the comptroller on monies
    14  on deposit in the pet [dealer] breeder licensing fund shall be  retained
    15  in and become part of such fund.
    16    §  24.  The  article  heading  of  article 26-A of the agriculture and
    17  markets law, as added by chapter 259 of the laws of 2000, is amended  to
    18  read as follows:
    19                   CARE OF ANIMALS BY PET [DEALERS] BREEDERS
    20    §  25.  Section  403  of  the agriculture and markets law, as added by
    21  chapter 259 of the laws of 2000, subdivision 3 as amended by chapter 683
    22  of the laws of 2022, is amended to read as follows:
    23    § 403. Licenses. 1. No person shall operate as a pet [dealer]  breeder
    24  unless  such person holds a license issued therefor by the commissioner.
    25  Notwithstanding the foregoing, a pet [dealer] breeder, in  operation  on
    26  or  before the effective date of this section, who has filed an applica-
    27  tion for an initial license under this article shall  be  authorized  to
    28  operate  without  such  license  until the commissioner grants or, after
    29  notice and opportunity to be heard, declines to grant such license. Each
    30  application for a license shall be  made  on  a  form  supplied  by  the
    31  department  and shall contain such information as may be required by the
    32  department. Renewal applications shall be submitted to the  commissioner
    33  at least thirty days prior to the commencement of the next license year.
    34    2.  The  commissioner  may  delegate  [his or her] such commissioner's
    35  authority pursuant  to  this  section  to  issue  pet  [dealer]  breeder
    36  licenses  to  the  county or city where the pet [dealer] breeder seeking
    37  licensure is located. Such delegation shall be pursuant to an  agreement
    38  entered into by the commissioner and such city or county.
    39    3. Each application for a license shall be accompanied by a nonrefund-
    40  able fee of one hundred fifty dollars.
    41    4.  The  moneys  received by the commissioner pursuant to this section
    42  shall be deposited in the "pet [dealer] breeder licensing  fund"  estab-
    43  lished pursuant to section ninety-seven-rr of the state finance law.
    44    5.  Where  the  authority  to  issue  pet [dealer] breeder licenses is
    45  delegated to the county or city pursuant  to  subdivision  two  of  this
    46  section,  that  county or city shall, on or before the fifth day of each
    47  month, remit to the appropriate municipal financial officer one  hundred
    48  percent  of  all  license fees collected during the preceding month. The
    49  remittance shall be accompanied by a report of license sales made during
    50  such month. A copy of such report shall simultaneously be  sent  to  the
    51  commissioner.  All license fees so remitted shall be the property of the
    52  municipality,  and  shall be used solely for the purpose of carrying out
    53  and  enforcing  the  provisions  of  this   article   and   of   article
    54  thirty-five-D of the general business law.
    55    6.  Inspection  in  accordance  with section four hundred five of this
    56  article, the results of which establish compliance with  the  provisions

        A. 8653--A                         14
 
     1  of  this article and with the provisions of article thirty-five-D of the
     2  general business law regarding  recordkeeping  and  consumer  disclosure
     3  requirements  for  pet  [dealers]  breeders, shall precede issuance of a
     4  license or renewal thereof under this section.
     5    7.  Upon  validation by the commissioner or the county or city author-
     6  ized under this section to issue  pet  [dealer]  breeder  licenses,  the
     7  application shall become the license of the pet [dealer] breeder.
     8    8.  The  commissioner  shall  provide a copy of the license to the pet
     9  [dealer] breeder. The commissioner shall  also  retain  a  copy  of  the
    10  license.  In  those  counties  where  the commissioner has delegated the
    11  licensing authority to the county or city that  county  or  city  shall,
    12  provide  a copy of the license to the pet [dealer] breeder and a copy to
    13  the commissioner.  The county or city shall also retain a  copy  of  the
    14  license in its own records.
    15    9.  No  pet  [dealer]  breeder  shall publish or advertise the sale or
    16  availability of any dog or cat unless the publication  or  advertisement
    17  is  accompanied by the pet [dealer's] breeder's license number. Notwith-
    18  standing the foregoing, a pet  [dealer]  breeder,  in  operation  on  or
    19  before  the effective date of this section, who has filed an application
    20  for an initial license under this article may publish or  advertise  the
    21  sale or availability of any dog or cat without the publication or adver-
    22  tisement  being  accompanied  by  the  pet  [dealer's] breeder's license
    23  number until the commissioner grants or, after notice and opportunity to
    24  be heard, declines to grant such license.
    25    10. Such license  shall  be  renewable  annually,  together  with  the
    26  payment  of  a  nonrefundable fee of one hundred fifty dollars[, or upon
    27  payment of a nonrefundable fee of  twenty-five  dollars  for  those  pet
    28  dealers  who  engage  in  the sale of less than twenty-five animals in a
    29  year].
    30    11. Pet [dealers] breeders shall conspicuously display  their  license
    31  on  the premises where the animals are kept for sale so that they may be
    32  readily seen by potential consumers.
    33    § 26. Subdivision 6 of section 420 of the agriculture and markets law,
    34  as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
    35  follows:
    36    6.  "Animal  shelter"  shall  mean  a  public or not-for-profit entity
    37  owning, operating, or otherwise maintaining a  building,  structure,  or
    38  facility  where  temporary  or permanent housing and care is provided to
    39  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
    40  wise unwanted animals regardless of whether or not  such  facility  also
    41  serves  as  a  personal  residence. This includes but is not limited to:
    42  facilities owned, operated, or maintained by a duly incorporated society
    43  for the prevention of cruelty to animals, duly incorporated humane soci-
    44  ety dog or cat protective association,  or  pound;  any  person  in  the
    45  employ  of,  or  organization operated by or under contract to a munici-
    46  pality to provide care for seized or impounded  animals;  or  any  other
    47  not-for-profit  organization involved in the protection, care, or rehom-
    48  ing of animals.  Unless otherwise provided in  this  article,  the  term
    49  "animal  shelter" shall not include the personal residence of any foster
    50  care provider as defined in this section; a facility commonly known as a
    51  boarding kennel, where the ownership of the animal is  not  transferred;
    52  any  entity licensed as a pet [dealer] breeder pursuant to article twen-
    53  ty-six-A of this chapter; any duly incorporated animal  hospital  owned,
    54  operated  or supervised by a duly licensed veterinarian; or any facility
    55  where the owner or operator is licensed by the New York state department

        A. 8653--A                         15
 
     1  of environmental conservation as a nuisance wildlife  control  agent  or
     2  wildlife rehabilitator.
     3    § 27. Subdivision 4 of section 209-cc of the general municipal law, as
     4  separately  amended  by  chapters  289  and  538 of the laws of 2005, is
     5  amended to read as follows:
     6    4. Except for pet [dealers]  breeders  as  defined  in  section  seven
     7  hundred [fifty-two-a] fifty-two of the general business law and zoologi-
     8  cal  facilities and other exhibitors licensed pursuant to title 7 U.S.C.
     9  sections 2133 and 2134, and in the case of  dangerous  dogs  except  for
    10  licensed  veterinarians  in  temporary  possession  of  such dogs, every
    11  person owning, possessing, or harboring a wild animal or a dangerous dog
    12  within this state shall report the presence thereof to the clerk of  the
    13  city,  town,  or  village  in which such wild animal or dangerous dog is
    14  owned, possessed, or harbored. Such report shall be filed annually on  a
    15  date  to  be  determined  by  the state fire administrator in the manner
    16  prescribed by the state fire administrator. A separate report  shall  be
    17  filed for each street address at which any such wild animal or dangerous
    18  dog may be found.
    19    § 28. Subdivisions 1, 2, 4 and 7 of section 421 of the agriculture and
    20  markets law, as added by chapter 683 of the laws of 2022, are amended to
    21  read as follows:
    22    1. Any person [eligible for exemption from the definition of pet deal-
    23  er  pursuant  to  paragraphs  (b) and (c) of subdivision four of section
    24  four hundred of this chapter]  operating  an  animal  shelter  shall  be
    25  licensed  by  the department pursuant to the provisions of this section.
    26  Notwithstanding the foregoing, any person, operating an  animal  shelter
    27  on or before the effective date of this section, who has filed an appli-
    28  cation for an initial license under this article is hereby authorized to
    29  operate  without  such  license  until the commissioner grants or, after
    30  notice of an opportunity to be heard, declines to  grant  such  license.
    31  Each  application  for  license  shall be made on a form supplied by the
    32  department and shall contain such information as required by the commis-
    33  sioner. Renewal applications shall be submitted to the  commissioner  at
    34  least thirty days prior to the commencement of the next license year.
    35    2.  Application  for  licensure  as set forth in this section shall be
    36  made annually to the commissioner on a form prescribed  by  the  commis-
    37  sioner.    Such  form  shall include but not be limited to the following
    38  information[, provided however that paragraphs (a), (b) and (c) of  this
    39  subdivision  shall  not apply to municipal pounds or shelters as defined
    40  in paragraph (b) of subdivision four of section  four  hundred  of  this
    41  chapter]:
    42    (a)  Proof of the applicant's tax exempt designation pursuant to para-
    43  graph 3 of subsection (c) of section 501 of the federal Internal Revenue
    44  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
    45  federal Internal Revenue Code, as from time to time amended;
    46    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    47  ization in this state pursuant to the  not-for-profit  corporation  law,
    48  provided  further  that  such  organization is in good standing with the
    49  attorney general and the department of state;
    50    (c) Proof of the applicant's registration with  the  attorney  general
    51  pursuant to article seven-A of the executive law;
    52    (d)  If  the  applicant  is a municipal pound or shelter as defined in
    53  paragraph (b) of subdivision four of section four hundred of this  chap-
    54  ter, a copy of the applicant's employer identification number;
    55    (e)  The  name  of the applicant and the name or names under which the
    56  applicant offers its services to the public, any name  under  which  the

        A. 8653--A                         16

     1  applicant  has  offered such services to the public during the past five
     2  years, and whether the applicant has ever held a  pet  [dealer]  breeder
     3  license issued pursuant to article twenty-six-A of this chapter;
     4    (f)  The  address  and  telephone  number of the applicant and for any
     5  other premises owned or leased by such applicant's organization to carry
     6  out the purposes for which it was  incorporated  [and  by  which  it  is
     7  eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
     8  subdivision four of section four hundred of this chapter];
     9    (g) The website and email address of the applicant;
    10    (h)  The number of animals taken in, adopted, placed into permanent or
    11  temporary homes, or otherwise transferred into, out of,  or  within  the
    12  state by the applicant during the prior calendar year;
    13    (i) The number of animals currently harbored by the applicant;
    14    (j)  The  species  of  animal  the  applicant  typically  harbors  for
    15  adoption, placement or transfer;
    16    (k) A description of facilities by which the applicant carries out the
    17  purposes for which it was incorporated, including a statement  regarding
    18  whether  the  applicant harbors the animals in its care in its own phys-
    19  ical animal shelter or utilizes foster care provider  homes,  commercial
    20  boarding kennels or other arrangements;
    21    (l)  [A  sworn  statement,  signed  by  the  applicant,  declaring  an
    22  exemption from the definition of pet dealer  pursuant  to  section  four
    23  hundred of this chapter;
    24    (m)]  Current training protocol and procedural practices as prescribed
    25  pursuant to sections four hundred twenty-two and  four  hundred  twenty-
    26  three of this article; and
    27    [(n)] (m) Other information as deemed necessary to satisfy the commis-
    28  sioner of the applicant's character and responsibility.
    29    4.  Upon  validation by the commissioner, the application shall become
    30  the license of the animal shelter [and an exemption from the  definition
    31  of  pet  dealer as defined in section four hundred of this chapter shall
    32  be granted]. The commissioner shall retain a copy of  such  license  and
    33  provide  a  copy  of  the license to the animal shelter. Animal shelters
    34  licensed pursuant to this  section  shall  conspicuously  display  their
    35  license on the premises where its animals are harbored. [The commission-
    36  er shall also provide the licensee with a pet dealer exemption identifi-
    37  cation number. The licensee's pet dealer exemption identification number
    38  shall be prominently displayed on the licensee's websites and any publi-
    39  cations or advertisements made available to the public.]
    40    7.  The  commissioner may decline to grant or renew, or may suspend or
    41  revoke an animal shelter license, on any one or more  of  the  following
    42  grounds,  provided  that  before  any  of the aforementioned actions are
    43  taken pursuant to this section, the commissioner shall hold  a  hearing,
    44  upon  due  notice  to  the  licensee  in accordance with any regulations
    45  promulgated by the department and in accordance with articles three  and
    46  four  of  the  state  administrative procedure act, and provided further
    47  that any action of the commissioner is subject to judicial review  in  a
    48  proceeding  under  article  seventy-eight  of the civil practice law and
    49  rules:
    50    (a) material misstatement in the license application;
    51    (b) material misstatement in or falsification of records  required  to
    52  be  kept  pursuant  to this article, or under any regulation promulgated
    53  thereunder, or failure to allow the commissioner to inspect  records  of
    54  animal shelter facilities;
    55    (c)  violation  of  any  provision  of this article or conviction of a
    56  violation of any provision of article  twenty-six  of  this  chapter  or

        A. 8653--A                         17
 
     1  regulations  promulgated  thereunder  pertaining  to humane treatment of
     2  animals, cruelty to animals,  endangering  the  life  or  health  of  an
     3  animal,  or  violation of any federal, state, or local law pertaining to
     4  the  care,  treatment,  sale,  possession, or handling of animals or any
     5  regulation or rule relating to the endangerment of the life or health of
     6  an animal;
     7    (d) failure to comply with any of the provisions of this  article  [or
     8  the  licensing  exemption  requirements  of section four hundred of this
     9  chapter]; 1 NYCRR Part 65 regarding the importation of  dogs  and  cats;
    10  section  twenty-one  hundred  forty-one  of the public health law or any
    11  rule or regulation promulgated thereunder; or  any  rule  or  regulation
    12  promulgated  by  the  commissioner  following the effective date of this
    13  article to effectuate the purposes of this article;
    14    (e) failure to renew a license within the period prescribed in  subdi-
    15  vision one of this section; or
    16    (f)  the  applicant  or  registrant  was  previously licensed as a pet
    17  [dealer] breeder pursuant to article twenty-six-A of this chapter.
    18    § 29. This act shall take effect immediately.
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