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A08653 Summary:

BILL NOA08653C
 
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 definition of pet breeders; repeals certain provisions of law related thereto.
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A08653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8653--C
 
                               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
          --  again  reported  from  said  committee  with  amendments,  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     2  REPEALED and a new subdivision 3 is added to read as follows: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 twenty-five  animals  per  year,  born  and
     5  raised  on such person's premises, directly to a consumer, provided that
     6  no pet breeder, as defined in this subdivision, shall sell or  offer  to
     7  sell  any dog, cat or rabbit not born and raised on such breeder's prem-
     8  ises.
     9    § 2. Subdivision 8 of section 752  of  the  general  business  law  is
    10  REPEALED.
    11    §  3. Subdivisions 2 and 5 of section 752 of the general business law,
    12  subdivision 2 as added by chapter 431 of the laws of 1988, subdivision 5
    13  as added by chapter 259 of the laws of 2000 and such section  as  renum-
    14  bered by chapter 68 of the laws of 1993, are amended to read as follows:
    15    2.  "Consumer"  means  any  individual purchasing an animal from a pet
    16  [dealer] breeder. A pet [dealer]  breeder  shall  not  be  considered  a
    17  consumer.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13058-12-6

        A. 8653--C                          2
 
     1    5.  "Person"  means  any  individual,  firm, corporation, partnership,
     2  association, municipality, or other legal entity.
     3    §  4.  Subdivisions  1  and 2 of section 753-f of the general business
     4  law, subdivision 1 as amended and subdivision 2 as added by  chapter  35
     5  of the laws of 2023, are amended to read as follows:
     6    1.  [A  retail  pet  shop  as  defined in this article shall not sell,
     7  lease, offer to lease, offer to  sell,  barter,  auction,  or  otherwise
     8  transfer  ownership of any dog, cat or rabbit. This section shall not be
     9  construed to prohibit a retail pet  shop  from  collaborating  with  the
    10  following  entities  to  provide space to showcase dogs, cats or rabbits
    11  owned by such entities for the purpose of adoption;  any  duly  incorpo-
    12  rated  society  for  the prevention of cruelty to animals, duly incorpo-
    13  rated humane society, duly incorporated animal protective association or
    14  other duly incorporated animal adoption or  animal  rescue  organization
    15  that:
    16    (a)  is  exempt from taxes pursuant to paragraph (3) of subsection (c)
    17  of section 501 of the federal Internal Revenue Code, 26 U.S.C.  501,  or
    18  any  subsequent  corresponding  sections of the federal Internal Revenue
    19  Code, as from time to time amended;
    20    (b) is registered with the department pursuant to section four hundred
    21  eight of the agriculture and markets law;
    22    (c) is not affiliated with, or housed on the premises of a breeder  or
    23  broker  that  does  not  obtain  dogs, cats or rabbits from a breeder or
    24  broker in exchange for payment or compensation; and
    25    (d) does not resell dogs, cats or rabbits obtained from a  breeder  or
    26  broker  or  provide  payment  or compensation to such breeder or broker]
    27  Except as provided in subdivision two of this section, the transfer of a
    28  dog, cat, or rabbit for profit, including, but not limited to, the sale,
    29  offer for sale, lease, offer for lease, arrangement, or  negotiation  of
    30  such animals, is hereby prohibited.  No person, firm, corporation, part-
    31  nership,  or other legal entity shall transfer such animals in violation
    32  of this section.
    33    2. [This section] The prohibition on the transfer of dogs,  cats,  and
    34  rabbits prescribed in subdivision one of this section shall not [prohib-
    35  it a retail pet shop from receiving a reasonable rental fee for space to
    36  showcase  dogs,  cats  or  rabbits for adoption at such retail pet shop]
    37  apply to the following:
    38    (a) pet breeders, as defined in section  seven  hundred  fifty-two  of
    39  this article;
    40    (b)  any  other  person who breeds and sells, or offers to sell, dogs,
    41  cats, or rabbits, born and raised on such person's premises, directly to
    42  a consumer; or
    43    (c) animal shelters, as defined in article twenty-six-C of  the  agri-
    44  culture and markets law.
    45    §  5.  Subdivisions  2,  3 and 4 of section 400 of the agriculture and
    46  markets law, subdivisions 2 and 3 as added by chapter 259 of the laws of
    47  2000, subdivision 4 as amended by chapter 553 of the laws of 2022, para-
    48  graphs (b) and (c) of subdivision 4 as separately  amended  by  chapters
    49  681  and 683 of the laws of 2022, paragraph (d) as amended and paragraph
    50  (e) of subdivision 4 as relettered by chapter 496 of the laws  of  2024,
    51  and  paragraph  (e) of subdivision 4 as added by chapter 681 of the laws
    52  of 2022, are amended to read as follows:
    53    2. "Consumer" means any individual purchasing an  animal  from  a  pet
    54  [dealer]  breeder.  A  pet  [dealer]  breeder  shall not be considered a
    55  consumer.

        A. 8653--C                          3
 
     1    3. "Person" means  any  individual,  firm,  corporation,  partnership,
     2  association, municipality, or other legal entity.
     3    4. "Pet [Dealer] breeder" means any person who [engages in the sale or
     4  offering  for  sale of more than nine animals per year for profit to the
     5  public. Such definition shall include breeders who sell or offer] breeds
     6  animals and sells, or offers to sell, more  than  twenty-five  animals[;
     7  provided that it shall not include the following:
     8    (a)  Any  breeder who sells or offers to sell directly to the consumer
     9  fewer than twenty-five animals per year that are born and raised on  the
    10  breeder's residential premises;
    11    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
    12  animals which makes such animals available for adoption whether or not a
    13  fee for such adoption is charged, established and maintained pursuant to
    14  subdivision one of section one hundred fourteen  of  this  chapter,  and
    15  that  is  duly licensed as an animal shelter pursuant to article twenty-
    16  six-C of this chapter;
    17    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    18  animals,  duly  incorporated  humane  society,  duly incorporated animal
    19  protective association or other duly  incorporated  animal  adoption  or
    20  animal  rescue  organization  dedicated  to the care of unwanted animals
    21  which makes such animals available for adoption whether or not a fee for
    22  such adoption is charged that is exempt from taxes pursuant to paragraph
    23  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    24  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    25  federal Internal Revenue Code, as from time to  time  amended,  that  is
    26  duly  licensed  as an animal shelter pursuant to article twenty-six-C of
    27  this chapter; and
    28    (d) Any public authority providing shelter services for  the  care  of
    29  unwanted animals.
    30    (e)  Any  retail  pet  shop as defined in subdivision eight of section
    31  seven hundred fifty-two of the general business law] per year, born  and
    32  raised on such person's premises, directly to a consumer. No pet breeder
    33  as  defined in this subdivision shall sell or offer to sell any dog, cat
    34  or rabbit not born and raised on such breeder's premises, provided  this
    35  shall  not  apply  to  an  animal born to a dog, cat or rabbit, properly
    36  registered to such pet  breeder,  at  an  animal  clinic,  hospital,  or
    37  medical facility.
    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--C                          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  and
     5  paragraphs  (b), (d) and (e) as relettered by chapter 110 of the laws of
     6  2012, subparagraphs (iv) and (v) of paragraph (a) as amended and subpar-
     7  agraph (vi) of paragraph (a) as added by chapter  149  of  the  laws  of
     8  2019,  and  paragraph (c) as amended by chapter 528 of the laws of 2014,
     9  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--C                          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.  This  provision  shall  not be construed to prohibit a pet breeder
    56  from accepting a deposit from a consumer for future possession of a  cat

        A. 8653--C                          6
 
     1  or dog that is younger than eight weeks of age, provided the transfer of
     2  possession and ownership shall not occur for a cat or dog that is young-
     3  er than eight weeks of age.
     4    § 11. The opening paragraph and subdivisions 2 and 4 of section 404 of
     5  the agriculture and markets law, the opening paragraph and subdivision 2
     6  as added by chapter 259 of the laws of 2000 and subdivision 4 as amended
     7  by chapter 256 of the laws of 2013, are amended to read as follows:
     8    The  commissioner  may  decline  to  grant  or renew or may suspend or
     9  revoke a pet [dealer] breeder license,  on  any  one  of  the  following
    10  grounds:
    11    2. Material misstatement in or falsification of records required to be
    12  kept pursuant to this article, or under any regulation promulgated ther-
    13  eunder,  or  failure  to  allow  the  commissioner  or [his or her] such
    14  commissioner's authorized agents to  inspect  records  or  pet  [dealer]
    15  breeder facilities.
    16    4. Before any license shall be suspended or revoked, the commissioner,
    17  or  any  hearing  officer  [he  or she] such commissioner may designate,
    18  shall hold a hearing, upon due notice to  the  licensee,  in  accordance
    19  with  any  regulations  promulgated  by the department and in accordance
    20  with articles three and four of the state administrative procedure  act.
    21  Where a licensee has three consecutive inspections in which the licensee
    22  has  failed  to  correct  deficiencies of a critical nature, pursuant to
    23  this section, the commissioner shall hold  a  hearing  to  consider  the
    24  suspension or revocation of the pet [dealer] breeder license. Nothing in
    25  this  section  shall  prohibit  the  commissioner from taking additional
    26  actions as otherwise permitted by this section regarding  such  licenses
    27  prior  to  the  occurrence of three consecutive inspections in which the
    28  licensee has failed to correct deficiencies of a critical nature.
    29    § 12. Section 405 of the agriculture and  markets  law,  as  added  by
    30  chapter 259 of the laws of 2000, is amended to read as follows:
    31    §  405.  Inspection  of pet [dealers] breeders. 1. The commissioner or
    32  [his or her] such commissioner's authorized agents shall, at a  minimum,
    33  make yearly inspections of pet [dealers'] breeders' facilities to ensure
    34  compliance  with  the provisions of this article and with the provisions
    35  of article thirty-five-D of the general business law[, except for  those
    36  pet dealers who engage in the sale of less than twenty-five animals in a
    37  year,  in  which  case inspections shall]. Additional inspections of pet
    38  breeders may be made whenever in the discretion of the  commissioner  or
    39  [his or her] such commissioner's authorized agents, a complaint warrants
    40  such investigation.
    41    2.  The commissioner may, pursuant to an agreement entered into with a
    42  county or city delegate the authority  to  conduct  inspections  of  pet
    43  [dealers] breeders and to respond to complaints concerning pet [dealers]
    44  breeders  to  such  county  or  city  where  the pet [dealer] breeder is
    45  located; provided however such delegation of inspection authority  shall
    46  only be permitted where the commissioner has delegated [his or her] such
    47  commissioner's  authority  to  issue  licenses  pursuant to section four
    48  hundred three of this article.
    49    3. Any person conducting an inspection of a pet  [dealer]  breeder  or
    50  responding  to  a  complaint  concerning a pet [dealer] breeder shall be
    51  specifically trained in the proper care of cats  and  dogs  and  in  the
    52  investigation and identification of cruelty to animals.
    53    § 13. Subdivision 1 of section 406 of the agriculture and markets law,
    54  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
    55  follows:

        A. 8653--C                          7
 
     1    1. In addition  to  the  penalties  provided  for  elsewhere  in  this
     2  section,  a  pet  [dealer]  breeder  who violates any provisions of this
     3  article may be subject to denial, revocation, suspension, or refusal  of
     4  renewal  of  [his  or her] such pet breeder's license in accordance with
     5  the provisions of section four hundred four of this article.
     6    §  14.  Section  407 of the agriculture and markets law, as amended by
     7  chapter 5 of the laws of 2014, is amended to read as follows:
     8    § 407. Construction with other laws. Nothing in this article shall  be
     9  construed  to  (a) limit or restrict agents or officers of societies for
    10  the prevention of cruelty to animals or the police from enforcing  other
    11  provisions of article twenty-six of this chapter or any other law relat-
    12  ing  to  the  humane  treatment of, or cruelty to, animals, (b) limit or
    13  restrict any municipality from  enacting  or  enforcing  any  authorized
    14  local law, rule, regulation or ordinance of general application to busi-
    15  nesses  governing  public  health, safety or the rights of consumers, or
    16  (c) limit or restrict any municipality  from  enacting  or  enforcing  a
    17  local  law, rule, regulation or ordinance governing pet [dealers] breed-
    18  ers, as such term is defined in this article,  including  a  law,  rule,
    19  regulation  or  ordinance  governing  the  health  or  safety of animals
    20  [acquired or maintained by pet dealers, the source of animals]  sold  or
    21  offered  for  sale  by pet [dealers] breeders, and the spay or neuter of
    22  such animals; provided, however, that any such local  law,  rule,  regu-
    23  lation  or  ordinance  shall  be  no  less stringent than the applicable
    24  provisions of this article and may not result in essentially banning all
    25  sales of dogs or cats raised and  maintained  in  [a  healthy  and  safe
    26  manner]  accordance  with this article. Where any penalty may be author-
    27  ized for the violation of such a local law, rule,  regulation  or  ordi-
    28  nance,  the  authorized  penalty  in such local law, rule, regulation or
    29  ordinance may not exceed a civil penalty of up to five hundred  dollars.
    30  Where  a municipality adopts such a local law, rule, regulation or ordi-
    31  nance that is more stringent than  the  applicable  provisions  of  this
    32  article,  such  municipality shall have sole responsibility for enforce-
    33  ment of such law, rule, regulation or ordinance that is  more  stringent
    34  than the applicable provisions of this article.
    35    § 15. Section 751 of the general business law, as added by chapter 431
    36  of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
    37  is amended to read as follows:
    38    §  751.  Legislative intent. It is hereby determined and declared that
    39  supervision by the state of the sale of dogs or cats  by  pet  [dealers]
    40  breeders is within the public interest and for the purpose of safeguard-
    41  ing  the  public  and  insuring  the humane treatment of such animals by
    42  guaranteeing the good health of such dogs or cats in the course of  such
    43  transactions, or providing other alternatives to the consumer.
    44    § 16. Subdivisions 1, 2, 2-a and 4 of section 753 of the general busi-
    45  ness  law,  subdivision 1 as amended by chapter 251 of the laws of 2013,
    46  subdivisions 2 and 4 as added by chapter 431 of the laws of 1988, subdi-
    47  vision 2-a as added by chapter 180 of the laws of 2002 and such  section
    48  as  renumbered by chapter 68 of the laws of 1993, are amended to read as
    49  follows:
    50    1. If, within fourteen business days following the sale of  an  animal
    51  subject  to  this  article  or receipt of the written notice required by
    52  section seven hundred fifty-four of  this  article,  whichever  occurred
    53  last,  a  veterinarian  of  the consumer's choosing, licensed by a state
    54  certifies such animal to be unfit for purchase due  to  illness  or  the
    55  presence of symptoms of a contagious or infectious disease, or if, with-
    56  in  one  hundred  eighty  calendar  days following such sale or receipt,

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

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

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

        A. 8653--C                         11
 
     1    (f)  Notification  that  dogs  residing  in  New  York  state  must be
     2  licensed, and that a license may be obtained from  the  municipality  in
     3  which the dog resides.
     4    3.  A  disclosure  made  pursuant  to  subdivision  one or two of this
     5  section shall be signed by both the pet [dealer] breeder certifying  the
     6  accuracy of the statement and the purchaser acknowledging receipt of the
     7  statement.  At the time of sale, each pet [dealer] breeder shall provide
     8  the purchaser with information on the value of spaying and neutering  of
     9  dogs and cats.
    10    4.  Every  pet  [dealer] breeder shall post conspicuously within close
    11  proximity to the cages of dogs and  cats  offered  for  sale,  a  notice
    12  containing  the  following language in one hundred-point type: "Informa-
    13  tion [on the source of these dogs and cats and] regarding the veterinary
    14  treatments received by these dogs and cats is available  for  review  by
    15  prospective purchasers."
    16    §  19.  Section 753-c of the general business law, as added by chapter
    17  259 of the laws of 2000, is amended to read as follows:
    18    § 753-c. Animal pedigree  registration.  1.  Representation  regarding
    19  animal's  pedigree  registration.  Any  pet [dealer] breeder who states,
    20  promises, or represents that an  animal  is  registered  or  capable  of
    21  registration with an animal pedigree registry organization shall provide
    22  the  purchaser  with the appropriate documents necessary for such regis-
    23  tration within one hundred twenty days following sale of the animal.  If
    24  the  purchaser notifies the pet [dealer] breeder in writing on or before
    25  such time that [he or she] the purchaser has not received the  appropri-
    26  ate  registration  documents,  the  pet  [dealer] breeder shall have, in
    27  addition to the one hundred twenty days, sixty more  days  in  which  to
    28  provide the appropriate documents.
    29    2.  If  a  pet [dealer] breeder fails to provide documents as required
    30  under subdivision one of  this  section,  the  purchaser,  upon  written
    31  notice  to  the  pet [dealer] breeder, may keep the animal and receive a
    32  partial refund of seventy-five percent of the purchase price,  in  which
    33  event  the  pet [dealer] breeder shall not be required to provide regis-
    34  tration documents.  Acceptance by the purchaser of appropriate registra-
    35  tion documents, whether or not within the  time  periods  set  forth  in
    36  subdivision  one  of this section, shall be deemed a waiver of the right
    37  to a partial refund pursuant to this subdivision.
    38    3. Registration notice-disclosure statement. (a) A pet [dealer] breed-
    39  er that sells animals registered or registrable with a pedigree registry
    40  shall post conspicuously within  close  proximity  to  those  animals  a
    41  notice  that  states:  "Pedigree  registration means that the particular
    42  registry maintains information on the  parentage  and  identity  of  the
    43  animal".
    44    (b)  For every animal sold by a pet [dealer] breeder that is sold with
    45  the representation that the animal is registered or registrable with  an
    46  animal  pedigree  registry  organization,  the following fully completed
    47  disclosure shall be made by the pet [dealer] breeder  in  writing  on  a
    48  sheet  separate  from any other statement in substantially the following
    49  form:   "Disclosure of  Animal  pedigree  registration:  Description  of
    50  animal:  The animal you are purchasing is registered/registrable (circle
    51  one) with the (enter name of registry). Registration means  that  (enter
    52  name  of  registry)  maintains  information  regarding the parentage and
    53  identity of this animal. Persons buying animals  represented  by  a  pet
    54  [dealer]  breeder as being registrable are entitled to the papers neces-
    55  sary to effect such registration within 120 days of purchase. Failure to
    56  provide such papers entitles the purchaser to remedies under law. Howev-

        A. 8653--C                         12
 
     1  er, if the purchaser notifies the pet [dealer] breeder  within  the  120
     2  day  period that [he or she] the purchaser has not received such papers,
     3  the pet [dealer] breeder shall have an additional 60 days commencing  at
     4  the  end  of  the  120  day  period  in  which to provide the documents.
     5  Acknowledged:  Date: Purchaser's Signature."
     6    (c) The disclosure shall be signed and dated by the purchaser  of  the
     7  animal, acknowledging receipt of a copy of the statement. The pet [deal-
     8  er] breeder shall retain a copy of the signed disclosure.
     9    § 20. Section 753-d of the general business law, as amended by chapter
    10  5 of the laws of 2014, is amended to read as follows:
    11    §  753-d.  Construction with other laws. Nothing in this article shall
    12  be construed to (a) limit or restrict agents or  officers  of  societies
    13  for  the  prevention  of cruelty to animals or the police from enforcing
    14  articles twenty-six and twenty-six-A of the agriculture and markets  law
    15  or  any  other  law  relating to the humane treatment of, or cruelty to,
    16  animals, (b) limit or restrict any municipality from enacting or enforc-
    17  ing any authorized local law, rule, regulation or ordinance  of  general
    18  application  to businesses governing public health, safety or the rights
    19  of consumers, or (c) limit or restrict any municipality from enacting or
    20  enforcing a local law,  rule,  regulation  or  ordinance  governing  pet
    21  [dealers] breeders, as such term is defined in this article, including a
    22  law,  rule,  regulation  or  ordinance governing the health or safety of
    23  animals [acquired or maintained by pet dealers, the source  of  animals]
    24  sold  or  offered  for  sale  by pet [dealers] breeders, and the spay or
    25  neuter of such animals; provided, however,  that  any  such  local  law,
    26  rule, regulation or ordinance shall be no less stringent than the appli-
    27  cable  provisions  of  this  article  and  may not result in essentially
    28  banning all sales of dogs or cats raised and maintained in a healthy and
    29  safe manner. Where any penalty may be authorized for  the  violation  of
    30  such  a local law, rule, regulation or ordinance, the authorized penalty
    31  in such local law, rule, regulation or ordinance may not exceed a  civil
    32  penalty  of up to five hundred dollars. Where a municipality adopts such
    33  a local law, rule, regulation or ordinance that is more  stringent  than
    34  the  applicable provisions of this article, such municipality shall have
    35  sole responsibility for enforcement of such  law,  rule,  regulation  or
    36  ordinance  that is more stringent than the applicable provisions of this
    37  article.
    38    § 21. Section 754 of the general business law, as amended  by  chapter
    39  68 of the laws of 1993, is amended to read as follows:
    40    §  754.  Notice.  Every  pet [dealer] breeder who sells an animal to a
    41  consumer shall post a notice clearly visible to the consumer and provide
    42  the consumer at the time of sale  with  a  written  notice,  printed  or
    43  typed,  setting  forth  the  rights  provided  under  this article. Such
    44  notices shall be prescribed by the commissioner, but the written  notice
    45  may be contained in a written contract, an animal history certificate or
    46  separate document, provided such notices are in ten-point boldface type.
    47  No pet [dealer] breeder shall restrict or diminish by contract or other-
    48  wise, the rights provided under this article.
    49    §  22.  Subdivision 1-a of section 755 of the general business law, as
    50  amended by chapter 272 of the laws  of  2018,  is  amended  to  read  as
    51  follows:
    52    1-a.  Any  person  who violates any provision of section seven hundred
    53  fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
    54  [or] seven hundred fifty-three-e, or seven hundred fifty-three-f of this
    55  article may also be subject to denial,  suspension,  revocation  of,  or
    56  refusal  to renew a pet [dealer] breeder license, in accordance with the

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

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

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

        A. 8653--C                         16
 
     1    (e)  The  name  of the applicant and the name or names under which the
     2  applicant offers its services to the public, any name  under  which  the
     3  applicant  has  offered such services to the public during the past five
     4  years, and whether the applicant has ever held a  pet  [dealer]  breeder
     5  license issued pursuant to article twenty-six-A of this chapter;
     6    (f)  The  address  and  telephone  number of the applicant and for any
     7  other premises owned or leased by such applicant's organization to carry
     8  out the purposes for which it was  incorporated  [and  by  which  it  is
     9  eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
    10  subdivision four of section four hundred of this chapter];
    11    (g) The website and email address of the applicant;
    12    (h)  The number of animals taken in, adopted, placed into permanent or
    13  temporary homes, or otherwise transferred into, out of,  or  within  the
    14  state by the applicant during the prior calendar year;
    15    (i) The number of animals currently harbored by the applicant;
    16    (j)  The  species  of  animal  the  applicant  typically  harbors  for
    17  adoption, placement or transfer;
    18    (k) A description of facilities by which the applicant carries out the
    19  purposes for which it was incorporated, including a statement  regarding
    20  whether  the  applicant harbors the animals in its care in its own phys-
    21  ical animal shelter or utilizes foster care provider  homes,  commercial
    22  boarding kennels or other arrangements;
    23    (l)  [A  sworn  statement,  signed  by  the  applicant,  declaring  an
    24  exemption from the definition of pet dealer  pursuant  to  section  four
    25  hundred of this chapter;
    26    (m)]  Current training protocol and procedural practices as prescribed
    27  pursuant to sections four hundred twenty-two and  four  hundred  twenty-
    28  three of this article; and
    29    [(n)] (m) Other information as deemed necessary to satisfy the commis-
    30  sioner of the applicant's character and responsibility.
    31    4.  Upon  validation by the commissioner, the application shall become
    32  the license of the animal shelter [and an exemption from the  definition
    33  of  pet  dealer as defined in section four hundred of this chapter shall
    34  be granted]. The commissioner shall retain a copy of  such  license  and
    35  provide  a  copy  of  the license to the animal shelter. Animal shelters
    36  licensed pursuant to this  section  shall  conspicuously  display  their
    37  license on the premises where its animals are harbored. [The commission-
    38  er shall also provide the licensee with a pet dealer exemption identifi-
    39  cation number. The licensee's pet dealer exemption identification number
    40  shall be prominently displayed on the licensee's websites and any publi-
    41  cations or advertisements made available to the public.]
    42    7.  The  commissioner may decline to grant or renew, or may suspend or
    43  revoke an animal shelter license, on any one or more  of  the  following
    44  grounds,  provided  that  before  any  of the aforementioned actions are
    45  taken pursuant to this section, the commissioner shall hold  a  hearing,
    46  upon  due  notice  to  the  licensee  in accordance with any regulations
    47  promulgated by the department and in accordance with articles three  and
    48  four  of  the  state  administrative procedure act, and provided further
    49  that any action of the commissioner is subject to judicial review  in  a
    50  proceeding  under  article  seventy-eight  of the civil practice law and
    51  rules:
    52    (a) material misstatement in the license application;
    53    (b) material misstatement in or falsification of records  required  to
    54  be  kept  pursuant  to this article, or under any regulation promulgated
    55  thereunder, or failure to allow the commissioner to inspect  records  of
    56  animal shelter facilities;

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