•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08653 Summary:

BILL NOA08653B
 
SAME ASSAME AS S08252-B
 
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.
Go to top

A08653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8653--B
 
                               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 -- again reported from said  committee  with  amend-
          ments, 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     2  REPEALED and a new subdivision 3 is added to read as follows: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     7  REPEALED.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, subdivision 5
    10  as  added  by chapter 259 of the laws of 2000 and such section as renum-
    11  bered by chapter 68 of the laws of 1993, are amended to read as follows:
    12    2. "Consumer" means any individual purchasing an  animal  from  a  pet
    13  [dealer]  breeder.  A  pet  [dealer]  breeder  shall not be considered a
    14  consumer.
    15    5. "Person" means  any  individual,  firm,  corporation,  partnership,
    16  association, municipality, or other legal entity.
    17    §  4.  Subdivisions  1  and 2 of section 753-f of the general business
    18  law, subdivision 1 as amended and subdivision 2 as added by  chapter  35
    19  of the laws of 2023, are amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13058-08-6

        A. 8653--B                          2
 
     1    1.  [A  retail  pet  shop  as  defined in this article shall not sell,
     2  lease, offer to lease, offer to  sell,  barter,  auction,  or  otherwise
     3  transfer  ownership of any dog, cat or rabbit. This section shall not be
     4  construed to prohibit a retail pet  shop  from  collaborating  with  the
     5  following  entities  to  provide space to showcase dogs, cats or rabbits
     6  owned by such entities for the purpose of adoption;  any  duly  incorpo-
     7  rated  society  for  the prevention of cruelty to animals, duly incorpo-
     8  rated humane society, duly incorporated animal protective association or
     9  other duly incorporated animal adoption or  animal  rescue  organization
    10  that:
    11    (a)  is  exempt from taxes pursuant to paragraph (3) of subsection (c)
    12  of section 501 of the federal Internal Revenue Code, 26 U.S.C.  501,  or
    13  any  subsequent  corresponding  sections of the federal Internal Revenue
    14  Code, as from time to time amended;
    15    (b) is registered with the department pursuant to section four hundred
    16  eight of the agriculture and markets law;
    17    (c) is not affiliated with, or housed on the premises of a breeder  or
    18  broker  that  does  not  obtain  dogs, cats or rabbits from a breeder or
    19  broker in exchange for payment or compensation; and
    20    (d) does not resell dogs, cats or rabbits obtained from a  breeder  or
    21  broker  or  provide  payment  or compensation to such breeder or broker]
    22  Except as provided in subdivision two of this section, the transfer of a
    23  dog, cat, or rabbit for profit, including, but not limited to, the sale,
    24  offer for sale, lease, offer for lease, arrangement, or  negotiation  of
    25  such animals, is hereby prohibited.  No person, firm, corporation, part-
    26  nership,  or other legal entity shall transfer such animals in violation
    27  of this section.
    28    2. [This section] The prohibition on the transfer of dogs,  cats,  and
    29  rabbits prescribed in subdivision one of this section shall not [prohib-
    30  it a retail pet shop from receiving a reasonable rental fee for space to
    31  showcase  dogs,  cats  or  rabbits for adoption at such retail pet shop]
    32  apply to the following:
    33    (a) pet breeders, as defined in section  seven  hundred  fifty-two  of
    34  this article; or
    35    (b)  any  other  person who breeds and sells, or offers to sell, dogs,
    36  cats, or rabbits, born and raised on such person's premises, directly to
    37  a consumer.
    38    § 5. Subdivisions 2, 3 and 4 of section 400  of  the  agriculture  and
    39  markets law, subdivisions 2 and 3 as added by chapter 259 of the laws of
    40  2000, subdivision 4 as amended by chapter 553 of the laws of 2022, para-
    41  graphs  (b)  and  (c) of subdivision 4 as separately amended by chapters
    42  681 and 683 of the laws of 2022, paragraph (d) as amended and  paragraph
    43  (e)  of  subdivision 4 as relettered by chapter 496 of the laws of 2024,
    44  and paragraph (e) of subdivision 4 as added by chapter 681 of  the  laws
    45  of 2022, are amended to read as follows:
    46    2.  "Consumer"  means  any  individual purchasing an animal from a pet
    47  [dealer] breeder. A pet [dealer]  breeder  shall  not  be  considered  a
    48  consumer.
    49    3.  "Person"  means  any  individual,  firm, corporation, partnership,
    50  association, municipality, or other legal entity.
    51    4. "Pet [Dealer] breeder" means any person who [engages in the sale or
    52  offering for sale of more than nine animals per year for profit  to  the
    53  public. Such definition shall include breeders who sell or offer] breeds
    54  animals  and  sells, or offers to sell, more than nine animals per year,
    55  born and raised on such a person's premises, directly  to  a  consumer[;
    56  provided that it shall not include the following:

        A. 8653--B                          3

     1    (a)  Any  breeder who sells or offers to sell directly to the consumer
     2  fewer than twenty-five animals per year that are born and raised on  the
     3  breeder's residential premises;
     4    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
     5  animals which makes such animals available for adoption whether or not a
     6  fee for such adoption is charged, established and maintained pursuant to
     7  subdivision one of section one hundred fourteen  of  this  chapter,  and
     8  that  is  duly licensed as an animal shelter pursuant to article twenty-
     9  six-C of this chapter;
    10    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    11  animals,  duly  incorporated  humane  society,  duly incorporated animal
    12  protective association or other duly  incorporated  animal  adoption  or
    13  animal  rescue  organization  dedicated  to the care of unwanted animals
    14  which makes such animals available for adoption whether or not a fee for
    15  such adoption is charged that is exempt from taxes pursuant to paragraph
    16  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    17  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    18  federal Internal Revenue Code, as from time to  time  amended,  that  is
    19  duly  licensed  as an animal shelter pursuant to article twenty-six-C of
    20  this chapter; and
    21    (d) Any public authority providing shelter services for  the  care  of
    22  unwanted animals.
    23    (e)  Any  retail  pet  shop as defined in subdivision eight of section
    24  seven hundred fifty-two of the general business law].
    25    § 6. The opening paragraph of  section  401  of  the  agriculture  and
    26  markets  law, as added by chapter 259 of the laws of 2000, is amended to
    27  read as follows:
    28    Pet [dealers] breeders shall comply with the following minimum  stand-
    29  ards of care for every animal in their custody or possession.
    30    §  7.  Paragraphs  (g)  and (h) of subdivision 1 of section 401 of the
    31  agriculture and markets law, as amended by chapter 149 of  the  laws  of
    32  2019, are amended to read as follows:
    33    (g) In the event that a pet [dealer] breeder has a pregnant or nursing
    34  dog on [his or her] such pet breeder's premises, the pet [dealer] breed-
    35  er  shall  provide  a whelping box for such dog. Separate and apart from
    36  the whelping box, a pet [dealer] breeder shall  provide  a  pregnant  or
    37  nursing  dog  with a separate space accessible to her that complies with
    38  the standards set forth in paragraph (b) of this subdivision. Each nurs-
    39  ing dog shall be provided with a sufficient amount  of  floor  space  to
    40  nurse and care for her litter.
    41    (h)  Pet  [dealers]  breeders shall designate and provide an isolation
    42  area for animals that exhibit symptoms of contagious disease or illness.
    43  The location of such designated area must  be  such  as  to  prevent  or
    44  reduce  the spread of disease to healthy animals and must otherwise meet
    45  all housing requirements of this section.
    46    § 8. Subdivision 5 of section 401 of the agriculture and markets  law,
    47  as  added by chapter 259 of the laws of 2000, paragraph (a) as added and
    48  paragraphs (b), (d) and (e) as relettered by chapter 110 of the laws  of
    49  2012, subparagraphs (iv) and (v) of paragraph (a) as amended and subpar-
    50  agraph  (vi)  of  paragraph  (a)  as added by chapter 149 of the laws of
    51  2019, and paragraph (c) as amended by chapter 528 of the laws  of  2014,
    52  is amended to read as follows:
    53    5. Veterinary care.  (a) Any pet [dealer] breeder duly licensed pursu-
    54  ant to this article shall designate an attending veterinarian, who shall
    55  provide  veterinary care to the [dealer's] breeder's animals which shall
    56  include a written program of veterinary care and regular visits  to  the

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

        A. 8653--B                          5
 
     1    § 10. Section 402 of the agriculture and  markets  law,  as  added  by
     2  chapter  259 of the laws of 2000 and subdivision 1 as amended by chapter
     3  110 of the laws of 2012, is amended to read as follows:
     4    §  402.  Records  of  purchase  and sale. 1. Each pet [dealer] breeder
     5  shall keep and maintain records for each animal  [purchased,  acquired,]
     6  held, sold, offered for sale or otherwise disposed of. The records shall
     7  include the following:
     8    [1.  The  name  and  address  of  the person from whom each animal was
     9  acquired. If the person from whom the animal was obtained  is  a  dealer
    10  licensed  by  the  United States department of agriculture, the person's
    11  name, address, and federal dealer identification number. If  the  person
    12  from  whom  the  animal was obtained is a dealer licensed by the depart-
    13  ment, the  person's  name,  address,  and  state  dealer  identification
    14  number.  In  the  case  of  cats,  if  a cat is placed in the custody or
    15  possession of the pet dealer and the source of origin  is  unknown,  the
    16  pet  dealer  shall state the source of origin as unknown, accompanied by
    17  the date, time, and location of receipt. Notwithstanding the  provisions
    18  of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
    19  transport, or offer for sale, exhibition, or transportation  any  stolen
    20  animal.  No  pet dealer shall knowingly sell any cat or dog younger than
    21  eight weeks of age.
    22    2. The original source of each animal if  different  than  the  person
    23  recorded in subdivision one of this section.
    24    3. The date each animal was acquired.
    25    4.]  (a)  A  description  of each animal showing age, color, markings,
    26  sex, breed, and any inoculation, worming, or other veterinary  treatment
    27  or  medication  information  available.  Records  shall also include any
    28  other significant identification, if known, for each  animal,  including
    29  any official tag number, tattoo, or implant.
    30    [5.]  (b)  The  name  and  address of the person to whom any animal is
    31  sold, given, or bartered or to  whom  it  is  otherwise  transferred  or
    32  delivered.  The  records  shall indicate the date and method of disposi-
    33  tion.
    34    [6.] 2. Records for each animal shall be maintained for  a  period  of
    35  two  years  from  the  date of sale or transfer, whichever occurs later.
    36  During normal business hours, the records shall  be  made  available  to
    37  persons authorized by law to enforce the provisions of this article.
    38    3.  No  pet  breeder shall knowingly buy, sell, exhibit, transport, or
    39  offer for sale, exhibition, or transportation any stolen animal. No  pet
    40  breeder  shall knowingly sell any cat or dog younger than eight weeks of
    41  age.
    42    § 11. The opening paragraph and subdivisions 2 and 4 of section 404 of
    43  the agriculture and markets law, the opening paragraph and subdivision 2
    44  as added by chapter 259 of the laws of 2000 and subdivision 4 as amended
    45  by chapter 256 of the laws of 2013, are amended to read as follows:
    46    The commissioner may decline to grant  or  renew  or  may  suspend  or
    47  revoke  a  pet  [dealer]  breeder  license,  on any one of the following
    48  grounds:
    49    2. Material misstatement in or falsification of records required to be
    50  kept pursuant to this article, or under any regulation promulgated ther-
    51  eunder, or failure to allow  the  commissioner  or  [his  or  her]  such
    52  commissioner's  authorized  agents  to  inspect  records or pet [dealer]
    53  breeder facilities.
    54    4. Before any license shall be suspended or revoked, the commissioner,
    55  or any hearing officer [he or  she]  such  commissioner  may  designate,
    56  shall  hold  a  hearing,  upon due notice to the licensee, in accordance

        A. 8653--B                          6
 
     1  with any regulations promulgated by the  department  and  in  accordance
     2  with  articles three and four of the state administrative procedure act.
     3  Where a licensee has three consecutive inspections in which the licensee
     4  has  failed  to  correct  deficiencies of a critical nature, pursuant to
     5  this section, the commissioner shall hold  a  hearing  to  consider  the
     6  suspension or revocation of the pet [dealer] breeder license. Nothing in
     7  this  section  shall  prohibit  the  commissioner from taking additional
     8  actions as otherwise permitted by this section regarding  such  licenses
     9  prior  to  the  occurrence of three consecutive inspections in which the
    10  licensee has failed to correct deficiencies of a critical nature.
    11    § 12. Section 405 of the agriculture and  markets  law,  as  added  by
    12  chapter 259 of the laws of 2000, is amended to read as follows:
    13    §  405.  Inspection  of pet [dealers] breeders. 1. The commissioner or
    14  [his or her] such commissioner's authorized agents shall, at a  minimum,
    15  make yearly inspections of pet [dealers'] breeders' facilities to ensure
    16  compliance  with  the provisions of this article and with the provisions
    17  of article thirty-five-D of the general business law[, except for  those
    18  pet dealers who engage in the sale of less than twenty-five animals in a
    19  year,  in  which  case inspections shall]. Additional inspections of pet
    20  breeders may be made whenever in the discretion of the  commissioner  or
    21  [his or her] such commissioner's authorized agents, a complaint warrants
    22  such investigation.
    23    2.  The commissioner may, pursuant to an agreement entered into with a
    24  county or city delegate the authority  to  conduct  inspections  of  pet
    25  [dealers] breeders and to respond to complaints concerning pet [dealers]
    26  breeders  to  such  county  or  city  where  the pet [dealer] breeder is
    27  located; provided however such delegation of inspection authority  shall
    28  only be permitted where the commissioner has delegated [his or her] such
    29  commissioner's  authority  to  issue  licenses  pursuant to section four
    30  hundred three of this article.
    31    3. Any person conducting an inspection of a pet  [dealer]  breeder  or
    32  responding  to  a  complaint  concerning a pet [dealer] breeder shall be
    33  specifically trained in the proper care of cats  and  dogs  and  in  the
    34  investigation and identification of cruelty to animals.
    35    § 13. Subdivision 1 of section 406 of the agriculture and markets law,
    36  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
    37  follows:
    38    1. In addition  to  the  penalties  provided  for  elsewhere  in  this
    39  section,  a  pet  [dealer]  breeder  who violates any provisions of this
    40  article may be subject to denial, revocation, suspension, or refusal  of
    41  renewal  of  [his  or her] such pet breeder's license in accordance with
    42  the provisions of section four hundred four of this article.
    43    § 14. Section 407 of the agriculture and markets law,  as  amended  by
    44  chapter 5 of the laws of 2014, is amended to read as follows:
    45    §  407. Construction with other laws. Nothing in this article shall be
    46  construed to (a) limit or restrict agents or officers of  societies  for
    47  the  prevention of cruelty to animals or the police from enforcing other
    48  provisions of article twenty-six of this chapter or any other law relat-
    49  ing to the humane treatment of, or cruelty to,  animals,  (b)  limit  or
    50  restrict  any  municipality  from  enacting  or enforcing any authorized
    51  local law, rule, regulation or ordinance of general application to busi-
    52  nesses governing public health, safety or the rights  of  consumers,  or
    53  (c)  limit  or  restrict  any  municipality from enacting or enforcing a
    54  local law, rule, regulation or ordinance governing pet [dealers]  breed-
    55  ers,  as  such  term  is defined in this article, including a law, rule,
    56  regulation or ordinance  governing  the  health  or  safety  of  animals

        A. 8653--B                          7
 
     1  [acquired  or  maintained by pet dealers, the source of animals] sold or
     2  offered for sale by pet [dealers] breeders, and the spay  or  neuter  of
     3  such  animals;  provided,  however, that any such local law, rule, regu-
     4  lation  or  ordinance  shall  be  no  less stringent than the applicable
     5  provisions of this article and may not result in essentially banning all
     6  sales of dogs or cats raised and  maintained  in  [a  healthy  and  safe
     7  manner]  accordance  with this article. Where any penalty may be author-
     8  ized for the violation of such a local law, rule,  regulation  or  ordi-
     9  nance,  the  authorized  penalty  in such local law, rule, regulation or
    10  ordinance may not exceed a civil penalty of up to five hundred  dollars.
    11  Where  a municipality adopts such a local law, rule, regulation or ordi-
    12  nance that is more stringent than  the  applicable  provisions  of  this
    13  article,  such  municipality shall have sole responsibility for enforce-
    14  ment of such law, rule, regulation or ordinance that is  more  stringent
    15  than the applicable provisions of this article.
    16    § 15. Section 751 of the general business law, as added by chapter 431
    17  of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
    18  is amended to read as follows:
    19    §  751.  Legislative intent. It is hereby determined and declared that
    20  supervision by the state of the sale of dogs or cats  by  pet  [dealers]
    21  breeders is within the public interest and for the purpose of safeguard-
    22  ing  the  public  and  insuring  the humane treatment of such animals by
    23  guaranteeing the good health of such dogs or cats in the course of  such
    24  transactions, or providing other alternatives to the consumer.
    25    § 16. Subdivisions 1, 2, 2-a and 4 of section 753 of the general busi-
    26  ness  law,  subdivision 1 as amended by chapter 251 of the laws of 2013,
    27  subdivisions 2 and 4 as added by chapter 431 of the laws of 1988, subdi-
    28  vision 2-a as added by chapter 180 of the laws of 2002 and such  section
    29  as  renumbered by chapter 68 of the laws of 1993, are amended to read as
    30  follows:
    31    1. If, within fourteen business days following the sale of  an  animal
    32  subject  to  this  article  or receipt of the written notice required by
    33  section seven hundred fifty-four of  this  article,  whichever  occurred
    34  last,  a  veterinarian  of  the consumer's choosing, licensed by a state
    35  certifies such animal to be unfit for purchase due  to  illness  or  the
    36  presence of symptoms of a contagious or infectious disease, or if, with-
    37  in  one  hundred  eighty  calendar  days following such sale or receipt,
    38  whichever occurred last, a licensed veterinarian certifies  such  animal
    39  to be unfit for purchase due to a congenital malformation which adverse-
    40  ly  affects  the  health  of  the animal, the pet [dealer] breeder shall
    41  afford the consumer the right to choose one of the following options:
    42    (a) The right to return  the  animal  and  receive  a  refund  of  the
    43  purchase  price  including  sales  tax  and  reasonable veterinary costs
    44  directly related to the veterinarian's certification that the animal  is
    45  unfit for purchase pursuant to this section;
    46    (b)  The  right to return the animal and to receive an exchange animal
    47  of the consumer's choice of equivalent value and  reasonable  veterinary
    48  costs  directly  related  to  the  veterinarian's certification that the
    49  animal is unfit for purchase pursuant to this section; or
    50    (c) The right to retain the animal and to receive reimbursement from a
    51  pet [dealer] breeder for veterinary services from a licensed veterinari-
    52  an of the consumer's choosing, for the purpose of curing  or  attempting
    53  to  cure  the  animal.  The  reasonable  value  of reimbursable services
    54  rendered to cure or attempting to cure the animal shall not  exceed  the
    55  purchase  price  of the animal. The value of such services is reasonable
    56  if comparable to  the  value  of  similar  services  rendered  by  other

        A. 8653--B                          8

     1  licensed  veterinarians  in proximity to the treating veterinarian. Such
     2  reimbursement shall not include the costs of initial veterinary examina-
     3  tion fees and diagnostic fees not directly related to the veterinarian's
     4  certification  that  the  animal  is unfit for purchase pursuant to this
     5  section.
     6    The commissioner by regulations shall prescribe a form  for,  and  the
     7  content  of,  the  certification  that  an animal is unfit for purchase,
     8  which shall be provided by an examining veterinarian to a consumer  upon
     9  the  examination of an animal which is subject to the provisions of this
    10  section. Such form shall include, but not  be  limited  to,  information
    11  which  identifies  the type of animal, the owner, the date and diagnosis
    12  of the animal, the treatment recommended if any, and an estimate or  the
    13  actual  cost  of such treatment. Such form shall also include the notice
    14  prescribed in section seven hundred fifty-four of this article.
    15    The commissioner by  regulations  shall  prescribe  information  which
    16  shall be provided in writing by the pet [dealer] breeder to the consumer
    17  upon  the sale of the animal. Such information shall include, but not be
    18  limited to, a description, including breed of the animal,  the  date  of
    19  purchase,  the  name,  address and telephone number of the consumer, and
    20  the amount of the purchase. The pet [dealer] breeder shall certify  such
    21  information by signing the document in which it is contained.
    22    2. The refund and/or reimbursement required by subdivision one of this
    23  section  shall  be  made  by the pet [dealer] breeder not later than ten
    24  business days following receipt of a signed veterinary certification  as
    25  herein required. Such certification shall be presented to the pet [deal-
    26  er] breeder not later than three business days following receipt thereof
    27  by the consumer.
    28    2-a.  Every  pet  [dealer]  breeder who sells an animal required to be
    29  vaccinated  against  rabies,  pursuant  to  section  twenty-one  hundred
    30  forty-one  of  the  public  health  law, to a consumer shall provide the
    31  consumer at point of sale with a written notice, provided by the depart-
    32  ment of health, summarizing rabies immunization requirements.
    33    4. In the event that a pet [dealer] breeder wishes to contest a demand
    34  for refund, exchange or reimbursement made by  a  consumer  pursuant  to
    35  this  section, such [dealer] breeder shall have the right to require the
    36  consumer to produce the animal for examination by a licensed veterinari-
    37  an designated by such [dealer] breeder. Upon such  examination,  if  the
    38  consumer and the [dealer] breeder are unable to reach an agreement which
    39  constitutes  one  of  the  options  set forth in subdivision one of this
    40  section within ten business days following receipt  of  the  animal  for
    41  such  examination,  the  consumer  may  initiate an action in a court of
    42  competent jurisdiction to recover or obtain such refund, exchange and/or
    43  reimbursement.
    44    § 17. Section 753-a of the general business law, as amended by chapter
    45  110 of the laws of 2012, subdivision 1 as amended by chapter 528 of  the
    46  laws of 2014, is amended to read as follows:
    47    §  753-a.  Veterinarian  examination.  1. Within five business days of
    48  receipt, but prior to the sale of any  dog  or  cat,  the  pet  [dealer]
    49  breeder  shall  have a duly licensed veterinarian conduct an examination
    50  and tests appropriate to the breed and age to determine  if  the  animal
    51  has  any medical conditions apparent at the time of the examination that
    52  adversely affect the health of the animal. For animals  eighteen  months
    53  of  age  or  older,  such  examination  shall include a diagnosis of any
    54  congenital conditions that adversely affect the health  of  the  animal.
    55  Any  animal  diagnosed  with  a  contagious disease shall be treated and

        A. 8653--B                          9
 
     1  caged separately from healthy animals in accordance  with  section  four
     2  hundred one of the agriculture and markets law.
     3    2.  All animals shall be vaccinated as required by state or local law.
     4  Veterinary care appropriate to the species  shall  be  provided  without
     5  undue  delay  when  necessary. Each animal shall be observed each day by
     6  the pet [dealer] breeder or by a person working under the pet [dealer's]
     7  breeder's supervision.
     8    3. No pet [dealer] breeder shall knowingly sell any animal that has  a
     9  diagnosed  congenital  condition  or  contagious  disease that adversely
    10  affects the health of the animal without first informing  the  consumer,
    11  in writing, of such condition.
    12    § 18. Section 753-b of the general business law, as amended by chapter
    13  251 of the laws of 2013, is amended to read as follows:
    14    §  753-b.  Information  statement  for  purchaser.  Every pet [dealer]
    15  breeder shall deliver to the purchaser of an  animal,  at  the  time  of
    16  sale,  a  written  statement  in  a  standardized form prescribed by the
    17  commissioner of agriculture and markets containing the following  infor-
    18  mation:
    19    1. For cats:
    20    (a) The breeder's [and, if applicable, broker's] name and address[, if
    21  known,  or, if not known, the source of the cat. If the person from whom
    22  the cat was obtained is a dealer licensed by the United  States  depart-
    23  ment of agriculture, the person's name, address, and federal identifica-
    24  tion number];
    25    (b) The date of the cat's birth[, unless unknown because of the source
    26  of  the  cat, the date the pet dealer received the cat, and the location
    27  where the cat was received];
    28    (c) A record of immunizations and worming treatments administered,  if
    29  any,  to  the  cat  as  of  the  time  of  sale while the cat was in the
    30  possession of the pet [dealer] breeder, including the dates of  adminis-
    31  tration and the type of vaccines or worming treatments administered;
    32    (d)  A  record of any known disease, sickness, or congenital condition
    33  that adversely affects the health of the cat at the time of sale;
    34    (e) A record of any veterinary treatment or medication received by the
    35  cat 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 cat has no known  disease
    39  or  illness; (2) The cat has no known congenital or hereditary condition
    40  that adversely affects the health of the cat at the time of sale; or
    41    (ii) A  record  of  any  known  congenital  or  hereditary  condition,
    42  disease,  or illness that adversely affects the health of the cat at the
    43  time of sale, along with a statement signed by a  licensed  veterinarian
    44  that  authorizes the sale of the cat, recommends necessary treatment, if
    45  any, and verifies that  the  condition,  disease  or  illness  does  not
    46  require  hospitalization or non-elective surgical procedures, and is not
    47  likely to require hospitalization or non-elective surgical procedures in
    48  the future. A veterinarian statement is not required for  intestinal  or
    49  external parasites unless their presence makes the cat clinically ill or
    50  is  likely  to make the cat clinically ill. The statement shall be valid
    51  for fourteen business days following  examination  of  the  cat  by  the
    52  veterinarian.
    53    2. For dogs:
    54    (a) The breeder's [and, if applicable, broker's] name and address[, if
    55  known,  or  if not known, the source of the dog. If the person from whom
    56  the dog was obtained is a dealer licensed by the United  States  depart-

        A. 8653--B                         10

     1  ment of agriculture, the person's name, address, and federal identifica-
     2  tion number];
     3    (b)  The  date  of  the dog's birth [and the date and location the pet
     4  dealer received the dog. If the dog is not advertised or sold as a pure-
     5  bred, registered or registrable, the date of birth may  be  approximated
     6  if not known by the seller];
     7    (c)  The  breed, sex, color and identifying marks at the time of sale.
     8  [If the dog is from a United States department of  agriculture  licensed
     9  source,  the  individual  identifying  tag, tattoo, or collar number for
    10  that animal.] If the breed is unknown or  mixed,  the  record  shall  so
    11  indicate. If the dog is being sold as being capable of registration, the
    12  names  and  registration  numbers  of  the  sire and dam, and the litter
    13  number, if known;
    14    (d) A record of inoculations and worming treatments  administered,  if
    15  any,  to  the  dog  as  of  the  time  of  sale while the dog was in the
    16  possession of the pet [dealer]  breeder,  including  dates  of  adminis-
    17  tration and the type of vaccines and/or worming treatments administered;
    18    (e) A record of any veterinary treatment or medication received by the
    19  dog  while  in  the possession of the pet [dealer] breeder and either of
    20  the following:
    21    (i) A statement, signed by the pet [dealer] breeder  at  the  time  of
    22  sale,  indicating all of the following: (1) The dog has no known disease
    23  or illness; (2) The dog has no known congenital or hereditary  condition
    24  that adversely affects the health of the dog at the time of the sale; or
    25    (ii) A record of any known congenital or hereditary condition, disease
    26  or  illness  that adversely affects the health of the dog at the time of
    27  sale, along with a statement signed  by  a  licensed  veterinarian  that
    28  authorizes  the sale of the dog, recommends necessary treatment, if any,
    29  and verifies that the condition, disease, or illness  does  not  require
    30  hospitalization  or  non-elective surgical procedures, and is not likely
    31  to require hospitalization or non-elective surgical  procedures  in  the
    32  future.  A  veterinarian  statement  is  not  required for intestinal or
    33  external parasites unless their presence makes the dog clinically ill or
    34  is likely to make the dog clinically ill. The statement shall  be  valid
    35  for  fourteen  business  days  following  examination  of the dog by the
    36  veterinarian.
    37    (f) Notification  that  dogs  residing  in  New  York  state  must  be
    38  licensed,  and  that  a license may be obtained from the municipality in
    39  which the dog resides.
    40    3. A disclosure made pursuant  to  subdivision  one  or  two  of  this
    41  section  shall be signed by both the pet [dealer] breeder certifying the
    42  accuracy of the statement and the purchaser acknowledging receipt of the
    43  statement. At the time of sale, each pet [dealer] breeder shall  provide
    44  the  purchaser with information on the value of spaying and neutering of
    45  dogs and cats.
    46    4. Every pet [dealer] breeder shall post  conspicuously  within  close
    47  proximity  to  the  cages  of  dogs  and cats offered for sale, a notice
    48  containing the following language in one hundred-point  type:  "Informa-
    49  tion [on the source of these dogs and cats and] regarding the veterinary
    50  treatments  received  by  these dogs and cats is available for review by
    51  prospective purchasers."
    52    § 19. Section 753-c of the general business law, as added  by  chapter
    53  259 of the laws of 2000, is amended to read as follows:
    54    §  753-c.  Animal  pedigree  registration. 1. Representation regarding
    55  animal's pedigree registration. Any pet  [dealer]  breeder  who  states,
    56  promises,  or  represents  that  an  animal  is registered or capable of

        A. 8653--B                         11
 
     1  registration with an animal pedigree registry organization shall provide
     2  the purchaser with the appropriate documents necessary for  such  regis-
     3  tration  within one hundred twenty days following sale of the animal. If
     4  the  purchaser notifies the pet [dealer] breeder in writing on or before
     5  such time that [he or she] the purchaser has not received the  appropri-
     6  ate  registration  documents,  the  pet  [dealer] breeder shall have, in
     7  addition to the one hundred twenty days, sixty more  days  in  which  to
     8  provide the appropriate documents.
     9    2.  If  a  pet [dealer] breeder fails to provide documents as required
    10  under subdivision one of  this  section,  the  purchaser,  upon  written
    11  notice  to  the  pet [dealer] breeder, may keep the animal and receive a
    12  partial refund of seventy-five percent of the purchase price,  in  which
    13  event  the  pet [dealer] breeder shall not be required to provide regis-
    14  tration documents.  Acceptance by the purchaser of appropriate registra-
    15  tion documents, whether or not within the  time  periods  set  forth  in
    16  subdivision  one  of this section, shall be deemed a waiver of the right
    17  to a partial refund pursuant to this subdivision.
    18    3. Registration notice-disclosure statement. (a) A pet [dealer] breed-
    19  er that sells animals registered or registrable with a pedigree registry
    20  shall post conspicuously within  close  proximity  to  those  animals  a
    21  notice  that  states:  "Pedigree  registration means that the particular
    22  registry maintains information on the  parentage  and  identity  of  the
    23  animal".
    24    (b)  For every animal sold by a pet [dealer] breeder that is sold with
    25  the representation that the animal is registered or registrable with  an
    26  animal  pedigree  registry  organization,  the following fully completed
    27  disclosure shall be made by the pet [dealer] breeder  in  writing  on  a
    28  sheet  separate  from any other statement in substantially the following
    29  form:   "Disclosure of  Animal  pedigree  registration:  Description  of
    30  animal:  The animal you are purchasing is registered/registrable (circle
    31  one) with the (enter name of registry). Registration means  that  (enter
    32  name  of  registry)  maintains  information  regarding the parentage and
    33  identity of this animal. Persons buying animals  represented  by  a  pet
    34  [dealer]  breeder as being registrable are entitled to the papers neces-
    35  sary to effect such registration within 120 days of purchase. Failure to
    36  provide such papers entitles the purchaser to remedies under law. Howev-
    37  er, if the purchaser notifies the pet [dealer] breeder  within  the  120
    38  day  period that [he or she] the purchaser has not received such papers,
    39  the pet [dealer] breeder shall have an additional 60 days commencing  at
    40  the  end  of  the  120  day  period  in  which to provide the documents.
    41  Acknowledged:  Date: Purchaser's Signature."
    42    (c) The disclosure shall be signed and dated by the purchaser  of  the
    43  animal, acknowledging receipt of a copy of the statement. The pet [deal-
    44  er] breeder shall retain a copy of the signed disclosure.
    45    § 20. Section 753-d of the general business law, as amended by chapter
    46  5 of the laws of 2014, is amended to read as follows:
    47    §  753-d.  Construction with other laws. Nothing in this article shall
    48  be construed to (a) limit or restrict agents or  officers  of  societies
    49  for  the  prevention  of cruelty to animals or the police from enforcing
    50  articles twenty-six and twenty-six-A of the agriculture and markets  law
    51  or  any  other  law  relating to the humane treatment of, or cruelty to,
    52  animals, (b) limit or restrict any municipality from enacting or enforc-
    53  ing any authorized local law, rule, regulation or ordinance  of  general
    54  application  to businesses governing public health, safety or the rights
    55  of consumers, or (c) limit or restrict any municipality from enacting or
    56  enforcing a local law,  rule,  regulation  or  ordinance  governing  pet

        A. 8653--B                         12
 
     1  [dealers] breeders, as such term is defined in this article, including a
     2  law,  rule,  regulation  or  ordinance governing the health or safety of
     3  animals [acquired or maintained by pet dealers, the source  of  animals]
     4  sold  or  offered  for  sale  by pet [dealers] breeders, and the spay or
     5  neuter of such animals; provided, however,  that  any  such  local  law,
     6  rule, regulation or ordinance shall be no less stringent than the appli-
     7  cable  provisions  of  this  article  and  may not result in essentially
     8  banning all sales of dogs or cats raised and maintained in a healthy and
     9  safe manner. Where any penalty may be authorized for  the  violation  of
    10  such  a local law, rule, regulation or ordinance, the authorized penalty
    11  in such local law, rule, regulation or ordinance may not exceed a  civil
    12  penalty  of up to five hundred dollars. Where a municipality adopts such
    13  a local law, rule, regulation or ordinance that is more  stringent  than
    14  the  applicable provisions of this article, such municipality shall have
    15  sole responsibility for enforcement of such  law,  rule,  regulation  or
    16  ordinance  that is more stringent than the applicable provisions of this
    17  article.
    18    § 21. Section 754 of the general business law, as amended  by  chapter
    19  68 of the laws of 1993, is amended to read as follows:
    20    §  754.  Notice.  Every  pet [dealer] breeder who sells an animal to a
    21  consumer shall post a notice clearly visible to the consumer and provide
    22  the consumer at the time of sale  with  a  written  notice,  printed  or
    23  typed,  setting  forth  the  rights  provided  under  this article. Such
    24  notices shall be prescribed by the commissioner, but the written  notice
    25  may be contained in a written contract, an animal history certificate or
    26  separate document, provided such notices are in ten-point boldface type.
    27  No pet [dealer] breeder shall restrict or diminish by contract or other-
    28  wise, the rights provided under this article.
    29    §  22.  Subdivision 1-a of section 755 of the general business law, as
    30  amended by chapter 272 of the laws  of  2018,  is  amended  to  read  as
    31  follows:
    32    1-a.  Any  person  who violates any provision of section seven hundred
    33  fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
    34  [or] seven hundred fifty-three-e, or seven hundred fifty-three-f of this
    35  article may also be subject to denial,  suspension,  revocation  of,  or
    36  refusal  to renew a pet [dealer] breeder license, in accordance with the
    37  provisions of sections four hundred three and four hundred four  of  the
    38  agriculture and markets law.
    39    § 23. The section heading and subdivisions 1 and 3 of section 97-rr of
    40  the  state finance law, as added by chapter 259 of the laws of 2000, are
    41  amended to read as follows:
    42    Pet [dealer] breeder licensing fund. 1. There is hereby established in
    43  the joint custody of the state comptroller and the commissioner of taxa-
    44  tion and finance, a fund to  be  known  as  the  "pet  [dealer]  breeder
    45  licensing fund".
    46    3.  Monies  of  the  fund shall be expended solely for the purposes of
    47  carrying out the provisions of  article  thirty-five-D  of  the  general
    48  business  law  and  article  twenty-six-A of the agriculture and markets
    49  law. Monies shall be paid out of the fund on the audit  and  warrant  of
    50  the  state comptroller on vouchers approved by the commissioner of agri-
    51  culture and markets. Any interest received by the comptroller on  monies
    52  on  deposit in the pet [dealer] breeder licensing fund shall be retained
    53  in and become part of such fund.
    54    § 24. The article heading of  article  26-A  of  the  agriculture  and
    55  markets  law, as added by chapter 259 of the laws of 2000, is amended to
    56  read as follows:

        A. 8653--B                         13

     1                   CARE OF ANIMALS BY PET [DEALERS] BREEDERS
     2    §  25.  Section  403  of  the agriculture and markets law, as added by
     3  chapter 259 of the laws of 2000, subdivision 3 as amended by chapter 683
     4  of the laws of 2022, is amended to read as follows:
     5    § 403. Licenses. 1. No person shall operate as a pet [dealer]  breeder
     6  unless  such person holds a license issued therefor by the commissioner.
     7  Notwithstanding the foregoing, a pet [dealer] breeder, in  operation  on
     8  or  before the effective date of this section, who has filed an applica-
     9  tion for an initial license under this article shall  be  authorized  to
    10  operate  without  such  license  until the commissioner grants or, after
    11  notice and opportunity to be heard, declines to grant such license. Each
    12  application for a license shall be  made  on  a  form  supplied  by  the
    13  department  and shall contain such information as may be required by the
    14  department. Renewal applications shall be submitted to the  commissioner
    15  at least thirty days prior to the commencement of the next license year.
    16    2.  The  commissioner  may  delegate  [his or her] such commissioner's
    17  authority pursuant  to  this  section  to  issue  pet  [dealer]  breeder
    18  licenses  to  the  county or city where the pet [dealer] breeder seeking
    19  licensure is located. Such delegation shall be pursuant to an  agreement
    20  entered into by the commissioner and such city or county.
    21    3. Each application for a license shall be accompanied by a nonrefund-
    22  able fee of one hundred fifty dollars.
    23    4.  The  moneys  received by the commissioner pursuant to this section
    24  shall be deposited in the "pet [dealer] breeder licensing  fund"  estab-
    25  lished pursuant to section ninety-seven-rr of the state finance law.
    26    5.  Where  the  authority  to  issue  pet [dealer] breeder licenses is
    27  delegated to the county or city pursuant  to  subdivision  two  of  this
    28  section,  that  county or city shall, on or before the fifth day of each
    29  month, remit to the appropriate municipal financial officer one  hundred
    30  percent  of  all  license fees collected during the preceding month. The
    31  remittance shall be accompanied by a report of license sales made during
    32  such month. A copy of such report shall simultaneously be  sent  to  the
    33  commissioner.  All license fees so remitted shall be the property of the
    34  municipality,  and  shall be used solely for the purpose of carrying out
    35  and  enforcing  the  provisions  of  this   article   and   of   article
    36  thirty-five-D of the general business law.
    37    6.  Inspection  in  accordance  with section four hundred five of this
    38  article, the results of which establish compliance with  the  provisions
    39  of  this article and with the provisions of article thirty-five-D of the
    40  general business law regarding  recordkeeping  and  consumer  disclosure
    41  requirements  for  pet  [dealers]  breeders, shall precede issuance of a
    42  license or renewal thereof under this section.
    43    7. Upon validation by the commissioner or the county or  city  author-
    44  ized  under  this  section  to  issue pet [dealer] breeder licenses, the
    45  application shall become the license of the pet [dealer] breeder.
    46    8. The commissioner shall provide a copy of the  license  to  the  pet
    47  [dealer]  breeder.  The  commissioner  shall  also  retain a copy of the
    48  license. In those counties where  the  commissioner  has  delegated  the
    49  licensing  authority  to  the  county or city that county or city shall,
    50  provide a copy of the license to the pet [dealer] breeder and a copy  to
    51  the  commissioner.    The county or city shall also retain a copy of the
    52  license in its own records.
    53    9. No pet [dealer] breeder shall publish  or  advertise  the  sale  or
    54  availability  of  any dog or cat unless the publication or advertisement
    55  is accompanied by the pet [dealer's] breeder's license number.  Notwith-
    56  standing  the  foregoing,  a  pet  [dealer]  breeder, in operation on or

        A. 8653--B                         14
 
     1  before the effective date of this section, who has filed an  application
     2  for  an  initial license under this article may publish or advertise the
     3  sale or availability of any dog or cat without the publication or adver-
     4  tisement  being  accompanied  by  the  pet  [dealer's] breeder's license
     5  number until the commissioner grants or, after notice and opportunity to
     6  be heard, declines to grant such license.
     7    10. Such license  shall  be  renewable  annually,  together  with  the
     8  payment  of  a  nonrefundable fee of one hundred fifty dollars[, or upon
     9  payment of a nonrefundable fee of  twenty-five  dollars  for  those  pet
    10  dealers  who  engage  in  the sale of less than twenty-five animals in a
    11  year].
    12    11. Pet [dealers] breeders shall conspicuously display  their  license
    13  on  the premises where the animals are kept for sale so that they may be
    14  readily seen by potential consumers.
    15    § 26. Subdivision 6 of section 420 of the agriculture and markets law,
    16  as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
    17  follows:
    18    6.  "Animal  shelter"  shall  mean  a  public or not-for-profit entity
    19  owning, operating, or otherwise maintaining a  building,  structure,  or
    20  facility  where  temporary  or permanent housing and care is provided to
    21  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
    22  wise unwanted animals regardless of whether or not  such  facility  also
    23  serves  as  a  personal  residence. This includes but is not limited to:
    24  facilities owned, operated, or maintained by a duly incorporated society
    25  for the prevention of cruelty to animals, duly incorporated humane soci-
    26  ety dog or cat protective association,  or  pound;  any  person  in  the
    27  employ  of,  or  organization operated by or under contract to a munici-
    28  pality to provide care for seized or impounded  animals;  or  any  other
    29  not-for-profit  organization involved in the protection, care, or rehom-
    30  ing of animals.  Unless otherwise provided in  this  article,  the  term
    31  "animal  shelter" shall not include the personal residence of any foster
    32  care provider as defined in this section; a facility commonly known as a
    33  boarding kennel, where the ownership of the animal is  not  transferred;
    34  any  entity licensed as a pet [dealer] breeder pursuant to article twen-
    35  ty-six-A of this chapter; any duly incorporated animal  hospital  owned,
    36  operated  or supervised by a duly licensed veterinarian; or any facility
    37  where the owner or operator is licensed by the New York state department
    38  of environmental conservation as a nuisance wildlife  control  agent  or
    39  wildlife rehabilitator.
    40    § 27. Subdivision 4 of section 209-cc of the general municipal law, as
    41  separately  amended  by  chapters  289  and  538 of the laws of 2005, is
    42  amended to read as follows:
    43    4. Except for pet [dealers]  breeders  as  defined  in  section  seven
    44  hundred [fifty-two-a] fifty-two of the general business law and zoologi-
    45  cal  facilities and other exhibitors licensed pursuant to title 7 U.S.C.
    46  sections 2133 and 2134, and in the case of  dangerous  dogs  except  for
    47  licensed  veterinarians  in  temporary  possession  of  such dogs, every
    48  person owning, possessing, or harboring a wild animal or a dangerous dog
    49  within this state shall report the presence thereof to the clerk of  the
    50  city,  town,  or  village  in which such wild animal or dangerous dog is
    51  owned, possessed, or harbored. Such report shall be filed annually on  a
    52  date  to  be  determined  by  the state fire administrator in the manner
    53  prescribed by the state fire administrator. A separate report  shall  be
    54  filed for each street address at which any such wild animal or dangerous
    55  dog may be found.

        A. 8653--B                         15
 
     1    § 28. Subdivisions 1, 2, 4 and 7 of section 421 of the agriculture and
     2  markets law, as added by chapter 683 of the laws of 2022, are amended to
     3  read as follows:
     4    1. Any person [eligible for exemption from the definition of pet deal-
     5  er  pursuant  to  paragraphs  (b) and (c) of subdivision four of section
     6  four hundred of this chapter]  operating  an  animal  shelter  shall  be
     7  licensed  by  the department pursuant to the provisions of this section.
     8  Notwithstanding the foregoing, any person, operating an  animal  shelter
     9  on or before the effective date of this section, who has filed an appli-
    10  cation for an initial license under this article is hereby authorized to
    11  operate  without  such  license  until the commissioner grants or, after
    12  notice of an opportunity to be heard, declines to  grant  such  license.
    13  Each  application  for  license  shall be made on a form supplied by the
    14  department and shall contain such information as required by the commis-
    15  sioner. Renewal applications shall be submitted to the  commissioner  at
    16  least thirty days prior to the commencement of the next license year.
    17    2.  Application  for  licensure  as set forth in this section shall be
    18  made annually to the commissioner on a form prescribed  by  the  commis-
    19  sioner.    Such  form  shall include but not be limited to the following
    20  information[, provided however that paragraphs (a), (b) and (c) of  this
    21  subdivision  shall  not apply to municipal pounds or shelters as defined
    22  in paragraph (b) of subdivision four of section  four  hundred  of  this
    23  chapter]:
    24    (a)  Proof of the applicant's tax exempt designation pursuant to para-
    25  graph 3 of subsection (c) of section 501 of the federal Internal Revenue
    26  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
    27  federal Internal Revenue Code, as from time to time amended;
    28    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    29  ization in this state pursuant to the  not-for-profit  corporation  law,
    30  provided  further  that  such  organization is in good standing with the
    31  attorney general and the department of state;
    32    (c) Proof of the applicant's registration with  the  attorney  general
    33  pursuant to article seven-A of the executive law;
    34    (d)  If  the  applicant  is a municipal pound or shelter as defined in
    35  paragraph (b) of subdivision four of section four hundred of this  chap-
    36  ter, a copy of the applicant's employer identification number;
    37    (e)  The  name  of the applicant and the name or names under which the
    38  applicant offers its services to the public, any name  under  which  the
    39  applicant  has  offered such services to the public during the past five
    40  years, and whether the applicant has ever held a  pet  [dealer]  breeder
    41  license issued pursuant to article twenty-six-A of this chapter;
    42    (f)  The  address  and  telephone  number of the applicant and for any
    43  other premises owned or leased by such applicant's organization to carry
    44  out the purposes for which it was  incorporated  [and  by  which  it  is
    45  eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
    46  subdivision four of section four hundred of this chapter];
    47    (g) The website and email address of the applicant;
    48    (h)  The number of animals taken in, adopted, placed into permanent or
    49  temporary homes, or otherwise transferred into, out of,  or  within  the
    50  state by the applicant during the prior calendar year;
    51    (i) The number of animals currently harbored by the applicant;
    52    (j)  The  species  of  animal  the  applicant  typically  harbors  for
    53  adoption, placement or transfer;
    54    (k) A description of facilities by which the applicant carries out the
    55  purposes for which it was incorporated, including a statement  regarding
    56  whether  the  applicant harbors the animals in its care in its own phys-

        A. 8653--B                         16
 
     1  ical animal shelter or utilizes foster care provider  homes,  commercial
     2  boarding kennels or other arrangements;
     3    (l)  [A  sworn  statement,  signed  by  the  applicant,  declaring  an
     4  exemption from the definition of pet dealer  pursuant  to  section  four
     5  hundred of this chapter;
     6    (m)]  Current training protocol and procedural practices as prescribed
     7  pursuant to sections four hundred twenty-two and  four  hundred  twenty-
     8  three of this article; and
     9    [(n)] (m) Other information as deemed necessary to satisfy the commis-
    10  sioner of the applicant's character and responsibility.
    11    4.  Upon  validation by the commissioner, the application shall become
    12  the license of the animal shelter [and an exemption from the  definition
    13  of  pet  dealer as defined in section four hundred of this chapter shall
    14  be granted]. The commissioner shall retain a copy of  such  license  and
    15  provide  a  copy  of  the license to the animal shelter. Animal shelters
    16  licensed pursuant to this  section  shall  conspicuously  display  their
    17  license on the premises where its animals are harbored. [The commission-
    18  er shall also provide the licensee with a pet dealer exemption identifi-
    19  cation number. The licensee's pet dealer exemption identification number
    20  shall be prominently displayed on the licensee's websites and any publi-
    21  cations or advertisements made available to the public.]
    22    7.  The  commissioner may decline to grant or renew, or may suspend or
    23  revoke an animal shelter license, on any one or more  of  the  following
    24  grounds,  provided  that  before  any  of the aforementioned actions are
    25  taken pursuant to this section, the commissioner shall hold  a  hearing,
    26  upon  due  notice  to  the  licensee  in accordance with any regulations
    27  promulgated by the department and in accordance with articles three  and
    28  four  of  the  state  administrative procedure act, and provided further
    29  that any action of the commissioner is subject to judicial review  in  a
    30  proceeding  under  article  seventy-eight  of the civil practice law and
    31  rules:
    32    (a) material misstatement in the license application;
    33    (b) material misstatement in or falsification of records  required  to
    34  be  kept  pursuant  to this article, or under any regulation promulgated
    35  thereunder, or failure to allow the commissioner to inspect  records  of
    36  animal shelter facilities;
    37    (c)  violation  of  any  provision  of this article or conviction of a
    38  violation of any provision of article  twenty-six  of  this  chapter  or
    39  regulations  promulgated  thereunder  pertaining  to humane treatment of
    40  animals, cruelty to animals,  endangering  the  life  or  health  of  an
    41  animal,  or  violation of any federal, state, or local law pertaining to
    42  the care, treatment, sale, possession, or handling  of  animals  or  any
    43  regulation or rule relating to the endangerment of the life or health of
    44  an animal;
    45    (d)  failure  to comply with any of the provisions of this article [or
    46  the licensing exemption requirements of section  four  hundred  of  this
    47  chapter];  1  NYCRR  Part 65 regarding the importation of dogs and cats;
    48  section twenty-one hundred forty-one of the public  health  law  or  any
    49  rule  or  regulation  promulgated  thereunder; or any rule or regulation
    50  promulgated by the commissioner following the  effective  date  of  this
    51  article to effectuate the purposes of this article;
    52    (e)  failure to renew a license within the period prescribed in subdi-
    53  vision one of this section; or
    54    (f) the applicant or registrant  was  previously  licensed  as  a  pet
    55  [dealer] breeder pursuant to article twenty-six-A of this chapter.
    56    § 29. This act shall take effect immediately.
Go to top