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S08252 Summary:

BILL NOS08252B
 
SAME ASSAME AS A08653-B
 
SPONSORGIANARIS
 
COSPNSR
 
MLTSPNSR
 
Rpld §752 subs 3 & 8, amd Gen Bus L, generally; amd Ag & Mkts L, generally; amd §97-rr, St Fin L; amd §209-cc, Gen Muni L
 
Relates to pet breeders; changes the term "pet dealer" to "pet breeder"; amends the definitions of pet breeders; repeals certain provisions of law related thereto.
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S08252 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8252--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 27, 2025
                                       ___________
 
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- recommitted to the Committee on Agriculture in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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     2  REPEALED and a new subdivision 3 is added to read as follows: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     7  REPEALED.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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13058-09-6

        S. 8252--B                          2
 
     1    § 4. Subdivisions 1 and 2 of section 753-f  of  the  general  business
     2  law,  subdivision  1 as amended and subdivision 2 as added by chapter 35
     3  of the laws of 2023, are amended to read as follows:
     4    1.  [A  retail  pet  shop  as  defined in this article shall not sell,
     5  lease, offer to lease, offer to  sell,  barter,  auction,  or  otherwise
     6  transfer  ownership of any dog, cat or rabbit. This section shall not be
     7  construed to prohibit a retail pet  shop  from  collaborating  with  the
     8  following  entities  to  provide space to showcase dogs, cats or rabbits
     9  owned by such entities for the purpose of adoption;  any  duly  incorpo-
    10  rated  society  for  the prevention of cruelty to animals, duly incorpo-
    11  rated humane society, duly incorporated animal protective association or
    12  other duly incorporated animal adoption or  animal  rescue  organization
    13  that:
    14    (a)  is  exempt from taxes pursuant to paragraph (3) of subsection (c)
    15  of section 501 of the federal Internal Revenue Code, 26 U.S.C.  501,  or
    16  any  subsequent  corresponding  sections of the federal Internal Revenue
    17  Code, as from time to time amended;
    18    (b) is registered with the department pursuant to section four hundred
    19  eight of the agriculture and markets law;
    20    (c) is not affiliated with, or housed on the premises of a breeder  or
    21  broker  that  does  not  obtain  dogs, cats or rabbits from a breeder or
    22  broker in exchange for payment or compensation; and
    23    (d) does not resell dogs, cats or rabbits obtained from a  breeder  or
    24  broker  or  provide  payment  or compensation to such breeder or broker]
    25  Except as provided in subdivision two of this section, the transfer of a
    26  dog, cat, or rabbit for profit, including, but not limited to, the sale,
    27  offer for sale, lease, offer for lease, arrangement, or  negotiation  of
    28  such animals, is hereby prohibited.  No person, firm, corporation, part-
    29  nership,  or other legal entity shall transfer such animals in violation
    30  of this section.
    31    2. [This section] The prohibition on the transfer of dogs,  cats,  and
    32  rabbits prescribed in subdivision one of this section shall not [prohib-
    33  it a retail pet shop from receiving a reasonable rental fee for space to
    34  showcase  dogs,  cats  or  rabbits for adoption at such retail pet shop]
    35  apply to the following:
    36    (a) pet breeders, as defined in section  seven  hundred  fifty-two  of
    37  this article; or
    38    (b)  any  other  person who breeds and sells, or offers to sell, dogs,
    39  cats, or rabbits, born and raised on such person's premises, directly to
    40  a consumer.
    41    § 5. Subdivisions 2, 3 and 4 of section 400  of  the  agriculture  and
    42  markets law, subdivisions 2 and 3 as added by chapter 259 of the laws of
    43  2000, subdivision 4 as amended by chapter 553 of the laws of 2022, para-
    44  graphs  (b)  and  (c) of subdivision 4 as separately amended by chapters
    45  681 and 683 of the laws of 2022, paragraph (d) as amended and  paragraph
    46  (e)  of  subdivision 4 as relettered by chapter 496 of the laws of 2024,
    47  and paragraph (e) of subdivision 4 as added by chapter 681 of  the  laws
    48  of 2022, are amended to read as follows:
    49    2.  "Consumer"  means  any  individual purchasing an animal from a pet
    50  [dealer] breeder. A pet [dealer]  breeder  shall  not  be  considered  a
    51  consumer.
    52    3.  "Person"  means  any  individual,  firm, corporation, partnership,
    53  association, municipality, or other legal entity.
    54    4. "Pet [Dealer] breeder" means any person who [engages in the sale or
    55  offering for sale of more than nine animals per year for profit  to  the
    56  public. Such definition shall include breeders who sell or offer] breeds

        S. 8252--B                          3
 
     1  animals  and  sells, or offers to sell, more than nine animals per year,
     2  born and raised on such a person's premises, directly  to  a  consumer[;
     3  provided that it shall not include the following:
     4    (a)  Any  breeder who sells or offers to sell directly to the consumer
     5  fewer than twenty-five animals per year that are born and raised on  the
     6  breeder's residential premises;
     7    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
     8  animals which makes such animals available for adoption whether or not a
     9  fee for such adoption is charged, established and maintained pursuant to
    10  subdivision one of section one hundred fourteen  of  this  chapter,  and
    11  that  is  duly licensed as an animal shelter pursuant to article twenty-
    12  six-C of this chapter;
    13    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    14  animals,  duly  incorporated  humane  society,  duly incorporated animal
    15  protective association or other duly  incorporated  animal  adoption  or
    16  animal  rescue  organization  dedicated  to the care of unwanted animals
    17  which makes such animals available for adoption whether or not a fee for
    18  such adoption is charged that is exempt from taxes pursuant to paragraph
    19  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    20  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    21  federal Internal Revenue Code, as from time to  time  amended,  that  is
    22  duly  licensed  as an animal shelter pursuant to article twenty-six-C of
    23  this chapter; and
    24    (d) Any public authority providing shelter services for  the  care  of
    25  unwanted animals.
    26    (e)  Any  retail  pet  shop as defined in subdivision eight of section
    27  seven hundred fifty-two of the general business law].
    28    § 6. The opening paragraph of  section  401  of  the  agriculture  and
    29  markets  law, as added by chapter 259 of the laws of 2000, is amended to
    30  read as follows:
    31    Pet [dealers] breeders shall comply with the following minimum  stand-
    32  ards of care for every animal in their custody or possession.
    33    §  7.  Paragraphs  (g)  and (h) of subdivision 1 of section 401 of the
    34  agriculture and markets law, as amended by chapter 149 of  the  laws  of
    35  2019, are amended to read as follows:
    36    (g) In the event that a pet [dealer] breeder has a pregnant or nursing
    37  dog on [his or her] such pet breeder's premises, the pet [dealer] breed-
    38  er  shall  provide  a whelping box for such dog. Separate and apart from
    39  the whelping box, a pet [dealer] breeder shall  provide  a  pregnant  or
    40  nursing  dog  with a separate space accessible to her that complies with
    41  the standards set forth in paragraph (b) of this subdivision. Each nurs-
    42  ing dog shall be provided with a sufficient amount  of  floor  space  to
    43  nurse and care for her litter.
    44    (h)  Pet  [dealers]  breeders shall designate and provide an isolation
    45  area for animals that exhibit symptoms of contagious disease or illness.
    46  The location of such designated area must  be  such  as  to  prevent  or
    47  reduce  the spread of disease to healthy animals and must otherwise meet
    48  all housing requirements of this section.
    49    § 8. Subdivision 5 of section 401 of the agriculture and markets  law,
    50  as  added by chapter 259 of the laws of 2000, paragraph (a) as added and
    51  paragraphs (b), (d) and (e) as relettered by chapter 110 of the laws  of
    52  2012, subparagraphs (iv) and (v) of paragraph (a) as amended and subpar-
    53  agraph  (vi)  of  paragraph  (a)  as added by chapter 149 of the laws of
    54  2019, and paragraph (c) as amended by chapter 528 of the laws  of  2014,
    55  is amended to read as follows:

        S. 8252--B                          4
 
     1    5. Veterinary care.  (a) Any pet [dealer] breeder duly licensed pursu-
     2  ant to this article shall designate an attending veterinarian, who shall
     3  provide  veterinary care to the [dealer's] breeder's animals which shall
     4  include a written program of veterinary care and regular visits  to  the
     5  pet [dealer's] breeder's premises. Such program of veterinary care shall
     6  include:
     7    (i)  The availability of appropriate facilities, personnel, equipment,
     8  and services to comply with the provisions of this article;
     9    (ii) The use of methods determined to be appropriate by the  attending
    10  veterinarian  to prevent, control, and respond to diseases and injuries,
    11  and the availability of emergency, weekend, and holiday care;
    12    (iii) Daily observation of all animals  to  assess  their  health  and
    13  well-being;  provided, however, that daily observation of animals may be
    14  accomplished by someone other than the attending  veterinarian  who  has
    15  received the guidance identified in subparagraph (iv) of this paragraph;
    16  and  provided, further, that a mechanism of direct and frequent communi-
    17  cation is required so that timely and accurate information  on  problems
    18  of  animal health, behavior, and well-being is conveyed to the attending
    19  veterinarian;
    20    (iv) Adequate guidance to personnel involved in the care  and  use  of
    21  animals regarding handling and immobilization;
    22    (v)  Pre-procedural and post-procedural care in accordance with estab-
    23  lished veterinary medical and nursing procedures; and
    24    (vi) [In the case of dealers who sell or offer to sell twenty-five  or
    25  more  dogs  or  cats per year to the public for profit that are born and
    26  raised on the dealer's residential premises, annual]  Annual  veterinary
    27  examinations,  at  a  minimum, for all intact adult dogs or cats on such
    28  [dealer's] breeder's premises.
    29    (b) All animals shall be inoculated as required by state or local law.
    30  Veterinary care appropriate to the species  shall  be  provided  without
    31  undue  delay  when  necessary. Each animal shall be observed each day by
    32  the pet [dealer] breeder or by a person working under the pet [dealer's]
    33  breeder's supervision.
    34    (c) Within five business days of receipt, but prior to sale of any dog
    35  or cat, the pet [dealer] breeder shall have a duly licensed veterinarian
    36  conduct an examination and tests appropriate to the  age  and  breed  to
    37  determine  if the animal has any medical conditions apparent at the time
    38  of the examination that adversely affect the health of the  animal.  For
    39  animals  eighteen months of age or older, such examination shall include
    40  a diagnosis of any  congenital  conditions  that  adversely  affect  the
    41  health  of  the  animal.  Any animal diagnosed with a contagious disease
    42  shall be treated and caged separately from healthy animals.
    43    (d) If an animal suffers from a congenital  or  hereditary  condition,
    44  disease, or illness which, in the professional opinion of the pet [deal-
    45  er's]  breeder's  veterinarian,  requires  euthanasia,  the veterinarian
    46  shall humanely euthanize such animal without undue delay.
    47    (e) In the event an animal is returned to a pet [dealer]  breeder  due
    48  to  a  congenital or hereditary condition, illness, or disease requiring
    49  veterinary care, the pet [dealer] breeder shall,  without  undue  delay,
    50  provide the animal with proper veterinary care.
    51    §  9. Subdivision 7 of section 401 of the agriculture and markets law,
    52  as added by chapter 110 of the laws of  2012,  is  amended  to  read  as
    53  follows:
    54    7.  Exercise requirements. Pet [dealers] breeders shall develop, main-
    55  tain, document, and implement an appropriate plan to provide  dogs  with
    56  the  opportunity  for daily exercise. In developing such plan, consider-

        S. 8252--B                          5
 
     1  ation should be given to providing positive physical contact with humans
     2  that encourages exercise through play or other similar activities.  Such
     3  plan  shall  be approved by the attending veterinarian, and must be made
     4  available to the department upon request.
     5    §  10.  Section  402  of  the agriculture and markets law, as added by
     6  chapter 259 of the laws of 2000 and subdivision 1 as amended by  chapter
     7  110 of the laws of 2012, is amended to read as follows:
     8    §  402.  Records  of  purchase  and sale. 1. Each pet [dealer] breeder
     9  shall keep and maintain records for each animal  [purchased,  acquired,]
    10  held, sold, offered for sale or otherwise disposed of. The records shall
    11  include the following:
    12    [1.  The  name  and  address  of  the person from whom each animal was
    13  acquired. If the person from whom the animal was obtained  is  a  dealer
    14  licensed  by  the  United States department of agriculture, the person's
    15  name, address, and federal dealer identification number. If  the  person
    16  from  whom  the  animal was obtained is a dealer licensed by the depart-
    17  ment, the  person's  name,  address,  and  state  dealer  identification
    18  number.  In  the  case  of  cats,  if  a cat is placed in the custody or
    19  possession of the pet dealer and the source of origin  is  unknown,  the
    20  pet  dealer  shall state the source of origin as unknown, accompanied by
    21  the date, time, and location of receipt. Notwithstanding the  provisions
    22  of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
    23  transport, or offer for sale, exhibition, or transportation  any  stolen
    24  animal.  No  pet dealer shall knowingly sell any cat or dog younger than
    25  eight weeks of age.
    26    2. The original source of each animal if  different  than  the  person
    27  recorded in subdivision one of this section.
    28    3. The date each animal was acquired.
    29    4.]  (a)  A  description  of each animal showing age, color, markings,
    30  sex, breed, and any inoculation, worming, or other veterinary  treatment
    31  or  medication  information  available.  Records  shall also include any
    32  other significant identification, if known, for each  animal,  including
    33  any official tag number, tattoo, or implant.
    34    [5.]  (b)  The  name  and  address of the person to whom any animal is
    35  sold, given, or bartered or to  whom  it  is  otherwise  transferred  or
    36  delivered.  The  records  shall indicate the date and method of disposi-
    37  tion.
    38    [6.] 2. Records for each animal shall be maintained for  a  period  of
    39  two  years  from  the  date of sale or transfer, whichever occurs later.
    40  During normal business hours, the records shall  be  made  available  to
    41  persons authorized by law to enforce the provisions of this article.
    42    3.  No  pet  breeder shall knowingly buy, sell, exhibit, transport, or
    43  offer for sale, exhibition, or transportation any stolen animal. No  pet
    44  breeder  shall knowingly sell any cat or dog younger than eight weeks of
    45  age.
    46    § 11. The opening paragraph and subdivisions 2 and 4 of section 404 of
    47  the agriculture and markets law, the opening paragraph and subdivision 2
    48  as added by chapter 259 of the laws of 2000 and subdivision 4 as amended
    49  by chapter 256 of the laws of 2013, are amended to read as follows:
    50    The commissioner may decline to grant  or  renew  or  may  suspend  or
    51  revoke  a  pet  [dealer]  breeder  license,  on any one of the following
    52  grounds:
    53    2. Material misstatement in or falsification of records required to be
    54  kept pursuant to this article, or under any regulation promulgated ther-
    55  eunder, or failure to allow  the  commissioner  or  [his  or  her]  such

        S. 8252--B                          6
 
     1  commissioner's  authorized  agents  to  inspect  records or pet [dealer]
     2  breeder facilities.
     3    4. Before any license shall be suspended or revoked, the commissioner,
     4  or  any  hearing  officer  [he  or she] such commissioner may designate,
     5  shall hold a hearing, upon due notice to  the  licensee,  in  accordance
     6  with  any  regulations  promulgated  by the department and in accordance
     7  with articles three and four of the state administrative procedure  act.
     8  Where a licensee has three consecutive inspections in which the licensee
     9  has  failed  to  correct  deficiencies of a critical nature, pursuant to
    10  this section, the commissioner shall hold  a  hearing  to  consider  the
    11  suspension or revocation of the pet [dealer] breeder license. Nothing in
    12  this  section  shall  prohibit  the  commissioner from taking additional
    13  actions as otherwise permitted by this section regarding  such  licenses
    14  prior  to  the  occurrence of three consecutive inspections in which the
    15  licensee has failed to correct deficiencies of a critical nature.
    16    § 12. Section 405 of the agriculture and  markets  law,  as  added  by
    17  chapter 259 of the laws of 2000, is amended to read as follows:
    18    §  405.  Inspection  of pet [dealers] breeders. 1. The commissioner or
    19  [his or her] such commissioner's authorized agents shall, at a  minimum,
    20  make yearly inspections of pet [dealers'] breeders' facilities to ensure
    21  compliance  with  the provisions of this article and with the provisions
    22  of article thirty-five-D of the general business law[, except for  those
    23  pet dealers who engage in the sale of less than twenty-five animals in a
    24  year,  in  which  case inspections shall]. Additional inspections of pet
    25  breeders may be made whenever in the discretion of the  commissioner  or
    26  [his or her] such commissioner's authorized agents, a complaint warrants
    27  such investigation.
    28    2.  The commissioner may, pursuant to an agreement entered into with a
    29  county or city delegate the authority  to  conduct  inspections  of  pet
    30  [dealers] breeders and to respond to complaints concerning pet [dealers]
    31  breeders  to  such  county  or  city  where  the pet [dealer] breeder is
    32  located; provided however such delegation of inspection authority  shall
    33  only be permitted where the commissioner has delegated [his or her] such
    34  commissioner's  authority  to  issue  licenses  pursuant to section four
    35  hundred three of this article.
    36    3. Any person conducting an inspection of a pet  [dealer]  breeder  or
    37  responding  to  a  complaint  concerning a pet [dealer] breeder shall be
    38  specifically trained in the proper care of cats  and  dogs  and  in  the
    39  investigation and identification of cruelty to animals.
    40    § 13. Subdivision 1 of section 406 of the agriculture and markets law,
    41  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
    42  follows:
    43    1. In addition  to  the  penalties  provided  for  elsewhere  in  this
    44  section,  a  pet  [dealer]  breeder  who violates any provisions of this
    45  article may be subject to denial, revocation, suspension, or refusal  of
    46  renewal  of  [his  or her] such pet breeder's license in accordance with
    47  the provisions of section four hundred four of this article.
    48    § 14. Section 407 of the agriculture and markets law,  as  amended  by
    49  chapter 5 of the laws of 2014, is amended to read as follows:
    50    §  407. Construction with other laws. Nothing in this article shall be
    51  construed to (a) limit or restrict agents or officers of  societies  for
    52  the  prevention of cruelty to animals or the police from enforcing other
    53  provisions of article twenty-six of this chapter or any other law relat-
    54  ing to the humane treatment of, or cruelty to,  animals,  (b)  limit  or
    55  restrict  any  municipality  from  enacting  or enforcing any authorized
    56  local law, rule, regulation or ordinance of general application to busi-

        S. 8252--B                          7
 
     1  nesses governing public health, safety or the rights  of  consumers,  or
     2  (c)  limit  or  restrict  any  municipality from enacting or enforcing a
     3  local law, rule, regulation or ordinance governing pet [dealers]  breed-
     4  ers,  as  such  term  is defined in this article, including a law, rule,
     5  regulation or ordinance  governing  the  health  or  safety  of  animals
     6  [acquired  or  maintained by pet dealers, the source of animals] sold or
     7  offered for sale by pet [dealers] breeders, and the spay  or  neuter  of
     8  such  animals;  provided,  however, that any such local law, rule, regu-
     9  lation or ordinance shall be  no  less  stringent  than  the  applicable
    10  provisions of this article and may not result in essentially banning all
    11  sales  of  dogs  or  cats  raised  and maintained in [a healthy and safe
    12  manner] accordance with this article. Where any penalty may  be  author-
    13  ized  for  the  violation of such a local law, rule, regulation or ordi-
    14  nance, the authorized penalty in such local  law,  rule,  regulation  or
    15  ordinance  may not exceed a civil penalty of up to five hundred dollars.
    16  Where a municipality adopts such a local law, rule, regulation or  ordi-
    17  nance  that  is  more  stringent  than the applicable provisions of this
    18  article, such municipality shall have sole responsibility  for  enforce-
    19  ment  of  such law, rule, regulation or ordinance that is more stringent
    20  than the applicable provisions of this article.
    21    § 15. Section 751 of the general business law, as added by chapter 431
    22  of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
    23  is amended to read as follows:
    24    § 751. Legislative intent. It is hereby determined and  declared  that
    25  supervision  by  the  state of the sale of dogs or cats by pet [dealers]
    26  breeders is within the public interest and for the purpose of safeguard-
    27  ing the public and insuring the humane  treatment  of  such  animals  by
    28  guaranteeing  the good health of such dogs or cats in the course of such
    29  transactions, or providing other alternatives to the consumer.
    30    § 16. Subdivisions 1, 2, 2-a and 4 of section 753 of the general busi-
    31  ness law, subdivision 1 as amended by chapter 251 of the laws  of  2013,
    32  subdivisions 2 and 4 as added by chapter 431 of the laws of 1988, subdi-
    33  vision  2-a as added by chapter 180 of the laws of 2002 and such section
    34  as renumbered by chapter 68 of the laws of 1993, are amended to read  as
    35  follows:
    36    1.  If,  within fourteen business days following the sale of an animal
    37  subject to this article or receipt of the  written  notice  required  by
    38  section  seven  hundred  fifty-four  of this article, whichever occurred
    39  last, a veterinarian of the consumer's choosing,  licensed  by  a  state
    40  certifies  such  animal  to  be unfit for purchase due to illness or the
    41  presence of symptoms of a contagious or infectious disease, or if, with-
    42  in one hundred eighty calendar days  following  such  sale  or  receipt,
    43  whichever  occurred  last, a licensed veterinarian certifies such animal
    44  to be unfit for purchase due to a congenital malformation which adverse-
    45  ly affects the health of the animal,  the  pet  [dealer]  breeder  shall
    46  afford the consumer the right to choose one of the following options:
    47    (a)  The  right  to  return  the  animal  and  receive a refund of the
    48  purchase price including  sales  tax  and  reasonable  veterinary  costs
    49  directly  related to the veterinarian's certification that the animal is
    50  unfit for purchase pursuant to this section;
    51    (b) The right to return the animal and to receive an  exchange  animal
    52  of  the  consumer's choice of equivalent value and reasonable veterinary
    53  costs directly related to  the  veterinarian's  certification  that  the
    54  animal is unfit for purchase pursuant to this section; or
    55    (c) The right to retain the animal and to receive reimbursement from a
    56  pet [dealer] breeder for veterinary services from a licensed veterinari-

        S. 8252--B                          8
 
     1  an  of  the consumer's choosing, for the purpose of curing or attempting
     2  to cure the  animal.  The  reasonable  value  of  reimbursable  services
     3  rendered  to  cure or attempting to cure the animal shall not exceed the
     4  purchase  price  of the animal. The value of such services is reasonable
     5  if comparable to  the  value  of  similar  services  rendered  by  other
     6  licensed  veterinarians  in proximity to the treating veterinarian. Such
     7  reimbursement shall not include the costs of initial veterinary examina-
     8  tion fees and diagnostic fees not directly related to the veterinarian's
     9  certification that the animal is unfit for  purchase  pursuant  to  this
    10  section.
    11    The  commissioner  by  regulations shall prescribe a form for, and the
    12  content of, the certification that an  animal  is  unfit  for  purchase,
    13  which  shall be provided by an examining veterinarian to a consumer upon
    14  the examination of an animal which is subject to the provisions of  this
    15  section.  Such  form  shall  include, but not be limited to, information
    16  which identifies the type of animal, the owner, the date  and  diagnosis
    17  of  the animal, the treatment recommended if any, and an estimate or the
    18  actual cost of such treatment. Such form shall also include  the  notice
    19  prescribed in section seven hundred fifty-four of this article.
    20    The  commissioner  by  regulations  shall  prescribe information which
    21  shall be provided in writing by the pet [dealer] breeder to the consumer
    22  upon the sale of the animal. Such information shall include, but not  be
    23  limited  to,  a  description, including breed of the animal, the date of
    24  purchase, the name, address and telephone number of  the  consumer,  and
    25  the  amount of the purchase. The pet [dealer] breeder shall certify such
    26  information by signing the document in which it is contained.
    27    2. The refund and/or reimbursement required by subdivision one of this
    28  section shall be made by the pet [dealer] breeder  not  later  than  ten
    29  business  days following receipt of a signed veterinary certification as
    30  herein required. Such certification shall be presented to the pet [deal-
    31  er] breeder not later than three business days following receipt thereof
    32  by the consumer.
    33    2-a. Every pet [dealer] breeder who sells an  animal  required  to  be
    34  vaccinated  against  rabies,  pursuant  to  section  twenty-one  hundred
    35  forty-one of the public health law, to  a  consumer  shall  provide  the
    36  consumer at point of sale with a written notice, provided by the depart-
    37  ment of health, summarizing rabies immunization requirements.
    38    4. In the event that a pet [dealer] breeder wishes to contest a demand
    39  for  refund,  exchange  or  reimbursement made by a consumer pursuant to
    40  this section, such [dealer] breeder shall have the right to require  the
    41  consumer to produce the animal for examination by a licensed veterinari-
    42  an  designated  by  such [dealer] breeder. Upon such examination, if the
    43  consumer and the [dealer] breeder are unable to reach an agreement which
    44  constitutes one of the options set forth  in  subdivision  one  of  this
    45  section  within  ten  business  days following receipt of the animal for
    46  such examination, the consumer may initiate an  action  in  a  court  of
    47  competent jurisdiction to recover or obtain such refund, exchange and/or
    48  reimbursement.
    49    § 17. Section 753-a of the general business law, as amended by chapter
    50  110  of the laws of 2012, subdivision 1 as amended by chapter 528 of the
    51  laws of 2014, is amended to read as follows:
    52    § 753-a. Veterinarian examination. 1. Within  five  business  days  of
    53  receipt,  but  prior  to  the  sale  of any dog or cat, the pet [dealer]
    54  breeder shall have a duly licensed veterinarian conduct  an  examination
    55  and  tests  appropriate  to the breed and age to determine if the animal
    56  has any medical conditions apparent at the time of the examination  that

        S. 8252--B                          9
 
     1  adversely  affect  the health of the animal. For animals eighteen months
     2  of age or older, such examination  shall  include  a  diagnosis  of  any
     3  congenital  conditions  that  adversely affect the health of the animal.
     4  Any  animal  diagnosed  with  a  contagious disease shall be treated and
     5  caged separately from healthy animals in accordance  with  section  four
     6  hundred one of the agriculture and markets law.
     7    2.  All animals shall be vaccinated as required by state or local law.
     8  Veterinary care appropriate to the species  shall  be  provided  without
     9  undue  delay  when  necessary. Each animal shall be observed each day by
    10  the pet [dealer] breeder or by a person working under the pet [dealer's]
    11  breeder's supervision.
    12    3. No pet [dealer] breeder shall knowingly sell any animal that has  a
    13  diagnosed  congenital  condition  or  contagious  disease that adversely
    14  affects the health of the animal without first informing  the  consumer,
    15  in writing, of such condition.
    16    § 18. Section 753-b of the general business law, as amended by chapter
    17  251 of the laws of 2013, is amended to read as follows:
    18    §  753-b.  Information  statement  for  purchaser.  Every pet [dealer]
    19  breeder shall deliver to the purchaser of an  animal,  at  the  time  of
    20  sale,  a  written  statement  in  a  standardized form prescribed by the
    21  commissioner of agriculture and markets containing the following  infor-
    22  mation:
    23    1. For cats:
    24    (a) The breeder's [and, if applicable, broker's] name and address[, if
    25  known,  or, if not known, the source of the cat. If the person from whom
    26  the cat was obtained is a dealer licensed by the United  States  depart-
    27  ment of agriculture, the person's name, address, and federal identifica-
    28  tion number];
    29    (b) The date of the cat's birth[, unless unknown because of the source
    30  of  the  cat, the date the pet dealer received the cat, and the location
    31  where the cat was received];
    32    (c) A record of immunizations and worming treatments administered,  if
    33  any,  to  the  cat  as  of  the  time  of  sale while the cat was in the
    34  possession of the pet [dealer] breeder, including the dates of  adminis-
    35  tration and the type of vaccines or worming treatments administered;
    36    (d)  A  record of any known disease, sickness, or congenital condition
    37  that adversely affects the health of the cat at the time of sale;
    38    (e) A record of any veterinary treatment or medication received by the
    39  cat while in the possession of the pet [dealer] breeder  and  either  of
    40  the following:
    41    (i)  A  statement,  signed  by the pet [dealer] breeder at the time of
    42  sale, indicating all of the following: (1) The cat has no known  disease
    43  or  illness; (2) The cat has no known congenital or hereditary condition
    44  that adversely affects the health of the cat at the time of sale; or
    45    (ii) A  record  of  any  known  congenital  or  hereditary  condition,
    46  disease,  or illness that adversely affects the health of the cat at the
    47  time of sale, along with a statement signed by a  licensed  veterinarian
    48  that  authorizes the sale of the cat, recommends necessary treatment, if
    49  any, and verifies that  the  condition,  disease  or  illness  does  not
    50  require  hospitalization or non-elective surgical procedures, and is not
    51  likely to require hospitalization or non-elective surgical procedures in
    52  the future. A veterinarian statement is not required for  intestinal  or
    53  external parasites unless their presence makes the cat clinically ill or
    54  is  likely  to make the cat clinically ill. The statement shall be valid
    55  for fourteen business days following  examination  of  the  cat  by  the
    56  veterinarian.

        S. 8252--B                         10
 
     1    2. For dogs:
     2    (a) The breeder's [and, if applicable, broker's] name and address[, if
     3  known,  or  if not known, the source of the dog. If the person from whom
     4  the dog was obtained is a dealer licensed by the United  States  depart-
     5  ment of agriculture, the person's name, address, and federal identifica-
     6  tion number];
     7    (b)  The  date  of  the dog's birth [and the date and location the pet
     8  dealer received the dog. If the dog is not advertised or sold as a pure-
     9  bred, registered or registrable, the date of birth may  be  approximated
    10  if not known by the seller];
    11    (c)  The  breed, sex, color and identifying marks at the time of sale.
    12  [If the dog is from a United States department of  agriculture  licensed
    13  source,  the  individual  identifying  tag, tattoo, or collar number for
    14  that animal.] If the breed is unknown or  mixed,  the  record  shall  so
    15  indicate. If the dog is being sold as being capable of registration, the
    16  names  and  registration  numbers  of  the  sire and dam, and the litter
    17  number, if known;
    18    (d) A record of inoculations and worming treatments  administered,  if
    19  any,  to  the  dog  as  of  the  time  of  sale while the dog was in the
    20  possession of the pet [dealer]  breeder,  including  dates  of  adminis-
    21  tration and the type of vaccines and/or worming treatments administered;
    22    (e) A record of any veterinary treatment or medication received by the
    23  dog  while  in  the possession of the pet [dealer] breeder and either of
    24  the following:
    25    (i) A statement, signed by the pet [dealer] breeder  at  the  time  of
    26  sale,  indicating all of the following: (1) The dog has no known disease
    27  or illness; (2) The dog has no known congenital or hereditary  condition
    28  that adversely affects the health of the dog at the time of the sale; or
    29    (ii) A record of any known congenital or hereditary condition, disease
    30  or  illness  that adversely affects the health of the dog at the time of
    31  sale, along with a statement signed  by  a  licensed  veterinarian  that
    32  authorizes  the sale of the dog, recommends necessary treatment, if any,
    33  and verifies that the condition, disease, or illness  does  not  require
    34  hospitalization  or  non-elective surgical procedures, and is not likely
    35  to require hospitalization or non-elective surgical  procedures  in  the
    36  future.  A  veterinarian  statement  is  not  required for intestinal or
    37  external parasites unless their presence makes the dog clinically ill or
    38  is likely to make the dog clinically ill. The statement shall  be  valid
    39  for  fourteen  business  days  following  examination  of the dog by the
    40  veterinarian.
    41    (f) Notification  that  dogs  residing  in  New  York  state  must  be
    42  licensed,  and  that  a license may be obtained from the municipality in
    43  which the dog resides.
    44    3. A disclosure made pursuant  to  subdivision  one  or  two  of  this
    45  section  shall be signed by both the pet [dealer] breeder certifying the
    46  accuracy of the statement and the purchaser acknowledging receipt of the
    47  statement. At the time of sale, each pet [dealer] breeder shall  provide
    48  the  purchaser with information on the value of spaying and neutering of
    49  dogs and cats.
    50    4. Every pet [dealer] breeder shall post  conspicuously  within  close
    51  proximity  to  the  cages  of  dogs  and cats offered for sale, a notice
    52  containing the following language in one hundred-point  type:  "Informa-
    53  tion [on the source of these dogs and cats and] regarding the veterinary
    54  treatments  received  by  these dogs and cats is available for review by
    55  prospective purchasers."

        S. 8252--B                         11
 
     1    § 19. Section 753-c of the general business law, as added  by  chapter
     2  259 of the laws of 2000, is amended to read as follows:
     3    §  753-c.  Animal  pedigree  registration. 1. Representation regarding
     4  animal's pedigree registration. Any pet  [dealer]  breeder  who  states,
     5  promises,  or  represents  that  an  animal  is registered or capable of
     6  registration with an animal pedigree registry organization shall provide
     7  the purchaser with the appropriate documents necessary for  such  regis-
     8  tration  within one hundred twenty days following sale of the animal. If
     9  the purchaser notifies the pet [dealer] breeder in writing on or  before
    10  such  time that [he or she] the purchaser has not received the appropri-
    11  ate registration documents, the pet  [dealer]  breeder  shall  have,  in
    12  addition  to  the  one  hundred twenty days, sixty more days in which to
    13  provide the appropriate documents.
    14    2. If a pet [dealer] breeder fails to provide  documents  as  required
    15  under  subdivision  one  of  this  section,  the purchaser, upon written
    16  notice to the pet [dealer] breeder, may keep the animal  and  receive  a
    17  partial  refund  of seventy-five percent of the purchase price, in which
    18  event the pet [dealer] breeder shall not be required to  provide  regis-
    19  tration documents.  Acceptance by the purchaser of appropriate registra-
    20  tion  documents,  whether  or  not  within the time periods set forth in
    21  subdivision one of this section, shall be deemed a waiver of  the  right
    22  to a partial refund pursuant to this subdivision.
    23    3. Registration notice-disclosure statement. (a) A pet [dealer] breed-
    24  er that sells animals registered or registrable with a pedigree registry
    25  shall  post  conspicuously  within  close  proximity  to those animals a
    26  notice that states: "Pedigree registration  means  that  the  particular
    27  registry  maintains  information  on  the  parentage and identity of the
    28  animal".
    29    (b) For every animal sold by a pet [dealer] breeder that is sold  with
    30  the  representation that the animal is registered or registrable with an
    31  animal pedigree registry organization,  the  following  fully  completed
    32  disclosure  shall  be  made  by the pet [dealer] breeder in writing on a
    33  sheet separate from any other statement in substantially  the  following
    34  form:    "Disclosure  of  Animal  pedigree  registration: Description of
    35  animal: The animal you are purchasing is registered/registrable  (circle
    36  one)  with  the (enter name of registry). Registration means that (enter
    37  name of registry) maintains  information  regarding  the  parentage  and
    38  identity  of  this  animal.  Persons buying animals represented by a pet
    39  [dealer] breeder as being registrable are entitled to the papers  neces-
    40  sary to effect such registration within 120 days of purchase. Failure to
    41  provide such papers entitles the purchaser to remedies under law. Howev-
    42  er,  if  the  purchaser notifies the pet [dealer] breeder within the 120
    43  day period that [he or she] the purchaser has not received such  papers,
    44  the  pet [dealer] breeder shall have an additional 60 days commencing at
    45  the end of the 120  day  period  in  which  to  provide  the  documents.
    46  Acknowledged:  Date: Purchaser's Signature."
    47    (c)  The  disclosure shall be signed and dated by the purchaser of the
    48  animal, acknowledging receipt of a copy of the statement. The pet [deal-
    49  er] breeder shall retain a copy of the signed disclosure.
    50    § 20. Section 753-d of the general business law, as amended by chapter
    51  5 of the laws of 2014, is amended to read as follows:
    52    § 753-d. Construction with other laws. Nothing in this  article  shall
    53  be  construed  to  (a) limit or restrict agents or officers of societies
    54  for the prevention of cruelty to animals or the  police  from  enforcing
    55  articles  twenty-six and twenty-six-A of the agriculture and markets law
    56  or any other law relating to the humane treatment  of,  or  cruelty  to,

        S. 8252--B                         12
 
     1  animals, (b) limit or restrict any municipality from enacting or enforc-
     2  ing  any  authorized local law, rule, regulation or ordinance of general
     3  application to businesses governing public health, safety or the  rights
     4  of consumers, or (c) limit or restrict any municipality from enacting or
     5  enforcing  a  local  law,  rule,  regulation  or ordinance governing pet
     6  [dealers] breeders, as such term is defined in this article, including a
     7  law, rule, regulation or ordinance governing the  health  or  safety  of
     8  animals  [acquired  or maintained by pet dealers, the source of animals]
     9  sold or offered for sale by pet [dealers]  breeders,  and  the  spay  or
    10  neuter  of  such  animals;  provided,  however, that any such local law,
    11  rule, regulation or ordinance shall be no less stringent than the appli-
    12  cable provisions of this article  and  may  not  result  in  essentially
    13  banning all sales of dogs or cats raised and maintained in a healthy and
    14  safe  manner.  Where  any penalty may be authorized for the violation of
    15  such a local law, rule, regulation or ordinance, the authorized  penalty
    16  in  such local law, rule, regulation or ordinance may not exceed a civil
    17  penalty of up to five hundred dollars. Where a municipality adopts  such
    18  a  local  law, rule, regulation or ordinance that is more stringent than
    19  the applicable provisions of this article, such municipality shall  have
    20  sole  responsibility  for  enforcement  of such law, rule, regulation or
    21  ordinance that is more stringent than the applicable provisions of  this
    22  article.
    23    §  21.  Section 754 of the general business law, as amended by chapter
    24  68 of the laws of 1993, is amended to read as follows:
    25    § 754. Notice. Every pet [dealer] breeder who sells  an  animal  to  a
    26  consumer shall post a notice clearly visible to the consumer and provide
    27  the  consumer  at  the  time  of  sale with a written notice, printed or
    28  typed, setting forth  the  rights  provided  under  this  article.  Such
    29  notices  shall be prescribed by the commissioner, but the written notice
    30  may be contained in a written contract, an animal history certificate or
    31  separate document, provided such notices are in ten-point boldface type.
    32  No pet [dealer] breeder shall restrict or diminish by contract or other-
    33  wise, the rights provided under this article.
    34    § 22. Subdivision 1-a of section 755 of the general business  law,  as
    35  amended  by  chapter  272  of  the  laws  of 2018, is amended to read as
    36  follows:
    37    1-a. Any person who violates any provision of  section  seven  hundred
    38  fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
    39  [or] seven hundred fifty-three-e, or seven hundred fifty-three-f of this
    40  article  may  also  be  subject to denial, suspension, revocation of, or
    41  refusal to renew a pet [dealer] breeder license, in accordance with  the
    42  provisions  of  sections four hundred three and four hundred four of the
    43  agriculture and markets law.
    44    § 23. The section heading and subdivisions 1 and 3 of section 97-rr of
    45  the state finance law, as added by chapter 259 of the laws of 2000,  are
    46  amended to read as follows:
    47    Pet [dealer] breeder licensing fund. 1. There is hereby established in
    48  the joint custody of the state comptroller and the commissioner of taxa-
    49  tion  and  finance,  a  fund  to  be  known as the "pet [dealer] breeder
    50  licensing fund".
    51    3. Monies of the fund shall be expended solely  for  the  purposes  of
    52  carrying  out  the  provisions  of  article thirty-five-D of the general
    53  business law and article twenty-six-A of  the  agriculture  and  markets
    54  law.  Monies  shall  be paid out of the fund on the audit and warrant of
    55  the state comptroller on vouchers approved by the commissioner of  agri-
    56  culture  and markets. Any interest received by the comptroller on monies

        S. 8252--B                         13
 
     1  on deposit in the pet [dealer] breeder licensing fund shall be  retained
     2  in and become part of such fund.
     3    §  24.  The  article  heading  of  article 26-A of the agriculture and
     4  markets law, as added by chapter 259 of the laws of 2000, is amended  to
     5  read as follows:
     6                   CARE OF ANIMALS BY PET [DEALERS] BREEDERS
     7    §  25.  Section  403  of  the agriculture and markets law, as added by
     8  chapter 259 of the laws of 2000, subdivision 3 as amended by chapter 683
     9  of the laws of 2022, is amended to read as follows:
    10    § 403. Licenses. 1. No person shall operate as a pet [dealer]  breeder
    11  unless  such person holds a license issued therefor by the commissioner.
    12  Notwithstanding the foregoing, a pet [dealer] breeder, in  operation  on
    13  or  before the effective date of this section, who has filed an applica-
    14  tion for an initial license under this article shall  be  authorized  to
    15  operate  without  such  license  until the commissioner grants or, after
    16  notice and opportunity to be heard, declines to grant such license. Each
    17  application for a license shall be  made  on  a  form  supplied  by  the
    18  department  and shall contain such information as may be required by the
    19  department. Renewal applications shall be submitted to the  commissioner
    20  at least thirty days prior to the commencement of the next license year.
    21    2.  The  commissioner  may  delegate  [his or her] such commissioner's
    22  authority pursuant  to  this  section  to  issue  pet  [dealer]  breeder
    23  licenses  to  the  county or city where the pet [dealer] breeder seeking
    24  licensure is located. Such delegation shall be pursuant to an  agreement
    25  entered into by the commissioner and such city or county.
    26    3. Each application for a license shall be accompanied by a nonrefund-
    27  able fee of one hundred fifty dollars.
    28    4.  The  moneys  received by the commissioner pursuant to this section
    29  shall be deposited in the "pet [dealer] breeder licensing  fund"  estab-
    30  lished pursuant to section ninety-seven-rr of the state finance law.
    31    5.  Where  the  authority  to  issue  pet [dealer] breeder licenses is
    32  delegated to the county or city pursuant  to  subdivision  two  of  this
    33  section,  that  county or city shall, on or before the fifth day of each
    34  month, remit to the appropriate municipal financial officer one  hundred
    35  percent  of  all  license fees collected during the preceding month. The
    36  remittance shall be accompanied by a report of license sales made during
    37  such month. A copy of such report shall simultaneously be  sent  to  the
    38  commissioner.  All license fees so remitted shall be the property of the
    39  municipality,  and  shall be used solely for the purpose of carrying out
    40  and  enforcing  the  provisions  of  this   article   and   of   article
    41  thirty-five-D of the general business law.
    42    6.  Inspection  in  accordance  with section four hundred five of this
    43  article, the results of which establish compliance with  the  provisions
    44  of  this article and with the provisions of article thirty-five-D of the
    45  general business law regarding  recordkeeping  and  consumer  disclosure
    46  requirements  for  pet  [dealers]  breeders, shall precede issuance of a
    47  license or renewal thereof under this section.
    48    7. Upon validation by the commissioner or the county or  city  author-
    49  ized  under  this  section  to  issue pet [dealer] breeder licenses, the
    50  application shall become the license of the pet [dealer] breeder.
    51    8. The commissioner shall provide a copy of the  license  to  the  pet
    52  [dealer]  breeder.  The  commissioner  shall  also  retain a copy of the
    53  license. In those counties where  the  commissioner  has  delegated  the
    54  licensing  authority  to  the  county or city that county or city shall,
    55  provide a copy of the license to the pet [dealer] breeder and a copy  to

        S. 8252--B                         14
 
     1  the  commissioner.    The county or city shall also retain a copy of the
     2  license in its own records.
     3    9.  No  pet  [dealer]  breeder  shall publish or advertise the sale or
     4  availability of any dog or cat unless the publication  or  advertisement
     5  is  accompanied by the pet [dealer's] breeder's license number. Notwith-
     6  standing the foregoing, a pet  [dealer]  breeder,  in  operation  on  or
     7  before  the effective date of this section, who has filed an application
     8  for an initial license under this article may publish or  advertise  the
     9  sale or availability of any dog or cat without the publication or adver-
    10  tisement  being  accompanied  by  the  pet  [dealer's] breeder's license
    11  number until the commissioner grants or, after notice and opportunity to
    12  be heard, declines to grant such license.
    13    10. Such license  shall  be  renewable  annually,  together  with  the
    14  payment  of  a  nonrefundable fee of one hundred fifty dollars[, or upon
    15  payment of a nonrefundable fee of  twenty-five  dollars  for  those  pet
    16  dealers  who  engage  in  the sale of less than twenty-five animals in a
    17  year].
    18    11. Pet [dealers] breeders shall conspicuously display  their  license
    19  on  the premises where the animals are kept for sale so that they may be
    20  readily seen by potential consumers.
    21    § 26. Subdivision 6 of section 420 of the agriculture and markets law,
    22  as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
    23  follows:
    24    6.  "Animal  shelter"  shall  mean  a  public or not-for-profit entity
    25  owning, operating, or otherwise maintaining a  building,  structure,  or
    26  facility  where  temporary  or permanent housing and care is provided to
    27  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
    28  wise unwanted animals regardless of whether or not  such  facility  also
    29  serves  as  a  personal  residence. This includes but is not limited to:
    30  facilities owned, operated, or maintained by a duly incorporated society
    31  for the prevention of cruelty to animals, duly incorporated humane soci-
    32  ety dog or cat protective association,  or  pound;  any  person  in  the
    33  employ  of,  or  organization operated by or under contract to a munici-
    34  pality to provide care for seized or impounded  animals;  or  any  other
    35  not-for-profit  organization involved in the protection, care, or rehom-
    36  ing of animals.  Unless otherwise provided in  this  article,  the  term
    37  "animal  shelter" shall not include the personal residence of any foster
    38  care provider as defined in this section; a facility commonly known as a
    39  boarding kennel, where the ownership of the animal is  not  transferred;
    40  any  entity licensed as a pet [dealer] breeder pursuant to article twen-
    41  ty-six-A of this chapter; any duly incorporated animal  hospital  owned,
    42  operated  or supervised by a duly licensed veterinarian; or any facility
    43  where the owner or operator is licensed by the New York state department
    44  of environmental conservation as a nuisance wildlife  control  agent  or
    45  wildlife rehabilitator.
    46    § 27. Subdivision 4 of section 209-cc of the general municipal law, as
    47  separately  amended  by  chapters  289  and  538 of the laws of 2005, is
    48  amended to read as follows:
    49    4. Except for pet [dealers]  breeders  as  defined  in  section  seven
    50  hundred [fifty-two-a] fifty-two of the general business law and zoologi-
    51  cal  facilities and other exhibitors licensed pursuant to title 7 U.S.C.
    52  sections 2133 and 2134, and in the case of  dangerous  dogs  except  for
    53  licensed  veterinarians  in  temporary  possession  of  such dogs, every
    54  person owning, possessing, or harboring a wild animal or a dangerous dog
    55  within this state shall report the presence thereof to the clerk of  the
    56  city,  town,  or  village  in which such wild animal or dangerous dog is

        S. 8252--B                         15
 
     1  owned, possessed, or harbored. Such report shall be filed annually on  a
     2  date  to  be  determined  by  the state fire administrator in the manner
     3  prescribed by the state fire administrator. A separate report  shall  be
     4  filed for each street address at which any such wild animal or dangerous
     5  dog may be found.
     6    § 28. Subdivisions 1, 2, 4 and 7 of section 421 of the agriculture and
     7  markets law, as added by chapter 683 of the laws of 2022, are amended to
     8  read as follows:
     9    1. Any person [eligible for exemption from the definition of pet deal-
    10  er  pursuant  to  paragraphs  (b) and (c) of subdivision four of section
    11  four hundred of this chapter]  operating  an  animal  shelter  shall  be
    12  licensed  by  the department pursuant to the provisions of this section.
    13  Notwithstanding the foregoing, any person, operating an  animal  shelter
    14  on or before the effective date of this section, who has filed an appli-
    15  cation for an initial license under this article is hereby authorized to
    16  operate  without  such  license  until the commissioner grants or, after
    17  notice of an opportunity to be heard, declines to  grant  such  license.
    18  Each  application  for  license  shall be made on a form supplied by the
    19  department and shall contain such information as required by the commis-
    20  sioner. Renewal applications shall be submitted to the  commissioner  at
    21  least thirty days prior to the commencement of the next license year.
    22    2.  Application  for  licensure  as set forth in this section shall be
    23  made annually to the commissioner on a form prescribed  by  the  commis-
    24  sioner.    Such  form  shall include but not be limited to the following
    25  information[, provided however that paragraphs (a), (b) and (c) of  this
    26  subdivision  shall  not apply to municipal pounds or shelters as defined
    27  in paragraph (b) of subdivision four of section  four  hundred  of  this
    28  chapter]:
    29    (a)  Proof of the applicant's tax exempt designation pursuant to para-
    30  graph 3 of subsection (c) of section 501 of the federal Internal Revenue
    31  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
    32  federal Internal Revenue Code, as from time to time amended;
    33    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    34  ization in this state pursuant to the  not-for-profit  corporation  law,
    35  provided  further  that  such  organization is in good standing with the
    36  attorney general and the department of state;
    37    (c) Proof of the applicant's registration with  the  attorney  general
    38  pursuant to article seven-A of the executive law;
    39    (d)  If  the  applicant  is a municipal pound or shelter as defined in
    40  paragraph (b) of subdivision four of section four hundred of this  chap-
    41  ter, a copy of the applicant's employer identification number;
    42    (e)  The  name  of the applicant and the name or names under which the
    43  applicant offers its services to the public, any name  under  which  the
    44  applicant  has  offered such services to the public during the past five
    45  years, and whether the applicant has ever held a  pet  [dealer]  breeder
    46  license issued pursuant to article twenty-six-A of this chapter;
    47    (f)  The  address  and  telephone  number of the applicant and for any
    48  other premises owned or leased by such applicant's organization to carry
    49  out the purposes for which it was  incorporated  [and  by  which  it  is
    50  eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
    51  subdivision four of section four hundred of this chapter];
    52    (g) The website and email address of the applicant;
    53    (h)  The number of animals taken in, adopted, placed into permanent or
    54  temporary homes, or otherwise transferred into, out of,  or  within  the
    55  state by the applicant during the prior calendar year;
    56    (i) The number of animals currently harbored by the applicant;

        S. 8252--B                         16
 
     1    (j)  The  species  of  animal  the  applicant  typically  harbors  for
     2  adoption, placement or transfer;
     3    (k) A description of facilities by which the applicant carries out the
     4  purposes  for which it was incorporated, including a statement regarding
     5  whether the applicant harbors the animals in its care in its  own  phys-
     6  ical  animal  shelter or utilizes foster care provider homes, commercial
     7  boarding kennels or other arrangements;
     8    (l)  [A  sworn  statement,  signed  by  the  applicant,  declaring  an
     9  exemption  from  the  definition  of pet dealer pursuant to section four
    10  hundred of this chapter;
    11    (m)] Current training protocol and procedural practices as  prescribed
    12  pursuant  to  sections  four hundred twenty-two and four hundred twenty-
    13  three of this article; and
    14    [(n)] (m) Other information as deemed necessary to satisfy the commis-
    15  sioner of the applicant's character and responsibility.
    16    4. Upon validation by the commissioner, the application  shall  become
    17  the  license of the animal shelter [and an exemption from the definition
    18  of pet dealer as defined in section four hundred of this  chapter  shall
    19  be  granted].  The  commissioner shall retain a copy of such license and
    20  provide a copy of the license to the  animal  shelter.  Animal  shelters
    21  licensed  pursuant  to  this  section  shall conspicuously display their
    22  license on the premises where its animals are harbored. [The commission-
    23  er shall also provide the licensee with a pet dealer exemption identifi-
    24  cation number. The licensee's pet dealer exemption identification number
    25  shall be prominently displayed on the licensee's websites and any publi-
    26  cations or advertisements made available to the public.]
    27    7. The commissioner may decline to grant or renew, or may  suspend  or
    28  revoke  an  animal  shelter license, on any one or more of the following
    29  grounds, provided that before any  of  the  aforementioned  actions  are
    30  taken  pursuant  to this section, the commissioner shall hold a hearing,
    31  upon due notice to the  licensee  in  accordance  with  any  regulations
    32  promulgated  by the department and in accordance with articles three and
    33  four of the state administrative procedure  act,  and  provided  further
    34  that  any  action of the commissioner is subject to judicial review in a
    35  proceeding under article seventy-eight of the  civil  practice  law  and
    36  rules:
    37    (a) material misstatement in the license application;
    38    (b)  material  misstatement in or falsification of records required to
    39  be kept pursuant to this article, or under  any  regulation  promulgated
    40  thereunder,  or  failure to allow the commissioner to inspect records of
    41  animal shelter facilities;
    42    (c) violation of any provision of this  article  or  conviction  of  a
    43  violation  of  any  provision  of  article twenty-six of this chapter or
    44  regulations promulgated thereunder pertaining  to  humane  treatment  of
    45  animals,  cruelty  to  animals,  endangering  the  life  or health of an
    46  animal, or violation of any federal, state, or local law  pertaining  to
    47  the  care,  treatment,  sale,  possession, or handling of animals or any
    48  regulation or rule relating to the endangerment of the life or health of
    49  an animal;
    50    (d) failure to comply with any of the provisions of this  article  [or
    51  the  licensing  exemption  requirements  of section four hundred of this
    52  chapter]; 1 NYCRR Part 65 regarding the importation of  dogs  and  cats;
    53  section  twenty-one  hundred  forty-one  of the public health law or any
    54  rule or regulation promulgated thereunder; or  any  rule  or  regulation
    55  promulgated  by  the  commissioner  following the effective date of this
    56  article to effectuate the purposes of this article;

        S. 8252--B                         17
 
     1    (e) failure to renew a license within the period prescribed in  subdi-
     2  vision one of this section; or
     3    (f)  the  applicant  or  registrant  was  previously licensed as a pet
     4  [dealer] breeder pursuant to article twenty-six-A of this chapter.
     5    § 29. This act shall take effect immediately.
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