STATE OF NEW YORK
________________________________________________________________________
554
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. FAHY,
GALEF, GARBARINO, GOTTFRIED, PERRY, SOLAGES, STECK -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the care
of animals by pet dealers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 400 of the agriculture and markets
2 law, as amended by chapter 687 of the laws of 2006, is amended and a new
3 subdivision 5 is added to read as follows:
4 4. "Pet Dealer" means any person who:
5 (a) has possession of more than ten sexually intact female dogs over
6 the age of one year for the purpose of breeding those animals and sell-
7 ing any offspring as household pets; or
8 (b) engages in the sale or offering for sale of more than nine animals
9 per year for profit [to the public. Such definition shall include breed-
10 ers who sell or offer to sell animals; provided that a breeder who sells
11 or offers to sell directly to the consumer fewer than twenty-five
12 animals per year that are born and raised on the breeder's residential
13 premises shall not be considered a pet dealer as a result of selling or
14 offering to sell such animals]. Such definition shall [further] not
15 include duly incorporated humane societies dedicated to the care of
16 unwanted animals which make such animals available for adoption whether
17 or not a fee for such adoption is charged.
18 5. "Retail Pet Store" means a person or retail establishment open to
19 the public where dogs are bought, sold, exchanged, or offered for retail
20 sale directly to the public to be kept as pets, but that does not engage
21 in any breeding of dogs for the purpose of selling any offspring for use
22 as a household pet.
23 § 2. Section 401 of the agriculture and markets law, as added by chap-
24 ter 259 of the laws of 2000, paragraph (h) of subdivision 1, paragraph
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04931-01-7
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1 (a) of subdivision 5 and subdivision 7 as added, paragraphs (b), (d) and
2 (e) of subdivision 5 as relettered by chapter 110 of the laws of 2012,
3 and paragraph (c) of subdivision 5 as amended by chapter 528 of the laws
4 of 2014, is amended to read as follows:
5 § 401. Minimum standards of animal care. Pet dealers shall comply with
6 the following minimum standards of care for every animal in their custo-
7 dy or possession.
8 1. Housing. (a) Animals shall be housed in primary enclosures or
9 cages, which shall be constructed so as to be structurally sound. Such
10 enclosures shall be maintained in good repair to contain the animal
11 housed inside and protect it from injury. Surfaces shall have an imper-
12 vious surface so as not to permit the absorption of fluids and which can
13 be thoroughly and repeatedly cleaned and disinfected without retaining
14 odors. All dogs shall have constant and unfettered access to an indoor
15 enclosure.
16 (b) Primary enclosures or cages housing the animals shall provide
17 sufficient space to allow each animal adequate freedom of movement to
18 make normal postural adjustments, including the ability to stand up,
19 turn around, and lie down with its limbs outstretched. [If the flooring
20 is constructed of metal strands, such strands must either be greater
21 than one-eighth inch in diameter (nine gauge wire) or shall be coated
22 with a material such as plastic or fiberglass, and shall be constructed
23 so as not to allow passage of the animal's feet through any opening in
24 the floor of the enclosure. Such flooring shall not sag or bend substan-
25 tially between structural supports.] All animals that are dogs shall be
26 provided:
27 (1) sufficient indoor space for each dog to turn in a complete circle
28 without any impediment (including a tether);
29 (2) enough indoor space for each dog to lie down and fully extend his
30 or her limbs and stretch freely without touching the side of an enclo-
31 sure or another dog;
32 (3) at least one foot of headroom above the head of the tallest dog in
33 the enclosure; and
34 (4) at least twelve square feet of indoor floor space per each dog up
35 to twenty-five inches long; at least twenty square feet of indoor floor
36 space per each dog between twenty-five and thirty-five inches long; and
37 at least thirty square feet of indoor floor space per each dog for dogs
38 thirty-five inches and longer (with the length of the dog measured from
39 the tip of the nose to the base of the tail). Flooring of primary
40 enclosures shall consist of a solid, impermeable material, except that
41 drains may be provided pursuant to paragraph (f) of this subdivision. A
42 primary enclosure shall not be stacked or placed on top of another
43 primary enclosure. The requirements of this clause shall not apply to a
44 retail pet store.
45 (c) Housing facilities shall be adequately ventilated at all times to
46 provide for the health and well-being of the animal. Ventilation shall
47 be provided by natural or mechanical means, such as windows, vents,
48 fans, or air conditioners. Ventilation shall be established to minimize
49 drafts, odors, and moisture condensation.
50 (d) The temperature surrounding the animal shall be compatible with
51 the health and well-being of the animal. Temperature shall be regulated
52 by heating and cooling to sufficiently protect each animal from extremes
53 of temperature and shall not be permitted to fall below or rise above
54 ranges which would pose a health hazard to the animal. For animals that
55 are dogs, the temperature shall not fall below forty-five degrees
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1 Fahrenheit or rise above eighty-five degrees Fahrenheit. This shall
2 include supplying shade from sunlight by natural or artificial means.
3 (e) The indoor facilities housing the animals shall be provided with
4 adequate lighting sufficient to permit routine inspection and cleaning
5 and be arranged so that each animal is protected from excessive illumi-
6 nation which poses a health hazard to the animal.
7 (f) The indoor and outdoor facilities housing the animals, including
8 the primary enclosure or cage, shall be designed to allow for the effi-
9 cient elimination of animal waste and water in order to keep the animal
10 dry and prevent the animal from coming into contact with these
11 substances. If drains are used they shall be constructed in a manner to
12 minimize foul odors and backup of sewage. If a drainage system is used
13 it shall comply with federal, state, and local laws relating to
14 pollution control.
15 (g) In the event that a pet dealer has a pregnant or nursing dog on
16 his or her premises, the pet dealer shall provide a whelping box for
17 such dog.
18 (h) Pet dealers shall designate and provide an isolation area for
19 animals that exhibit symptoms of contagious disease or illness. The
20 location of such designated area must be such as to prevent or reduce
21 the spread of disease to healthy animals.
22 2. Sanitation. Housing facilities, including primary enclosures and
23 cages, shall be kept in a clean condition in order to maintain a healthy
24 environment for the animal. This shall include removing and destroying
25 any agents injurious to the health of the animal [and periodic clean-
26 ings. The primary enclosure or cage shall be constructed so as to elim-
27 inate excess water, excretions, and waste material]; removal of waste
28 material from primary enclosures at least once per day, and the cleaning
29 of primary enclosures with sterilizing agents at least once per week.
30 Under no circumstances shall the animal remain inside the primary enclo-
31 sure or cage while it is being cleaned with sterilizing agents, pressur-
32 ized water, steam, or agents toxic to animals or cleaned in a manner
33 likely to threaten the health and safety of the animal. Trash and waste
34 products on the premises shall be properly contained and disposed of so
35 as to minimize the risks of disease, contamination, and vermin.
36 3. Feeding and watering. (a) Animals shall be provided with wholesome
37 and palatable food at least twice a day, free from contamination and of
38 nutritional value sufficient to maintain each animal in good health.
39 (b) [Animals] Each animal shall be adequately fed at intervals not to
40 exceed twelve hours or at least twice in any twenty-four hour period in
41 quantities appropriate for the animal species and age, unless determined
42 otherwise by and under the direction of a duly licensed veterinarian.
43 (c) Food receptacles shall be provided in sufficient number, of
44 adequate size, and so located as to enable each animal in the primary
45 enclosure or cage to be supplied with an adequate amount of food.
46 (d) [Animals] Each animal shall be provided with [regular] continuous
47 access to clean, fresh water[, supplied in a sanitary manner sufficient
48 for its needs,] that is not frozen, and is free of debris, feces, algae
49 and other contaminants except when there are instructions from a duly
50 licensed veterinarian to withhold water for medical reasons.
51 4. Handling. Each animal shall be handled in a humane manner so as not
52 to cause the animal physical injury or harm.
53 5. Veterinary care. (a) Any pet dealer duly licensed pursuant to this
54 article shall designate an attending veterinarian, who shall provide
55 veterinary care to the dealer's animals which shall include a written
56 program of veterinary care and regular visits to the pet dealer's prem-
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1 ises, and shall, at minimum provide an annual examination and prompt
2 treatment of any illness or injury. Such program of veterinary care
3 shall include:
4 (i) The availability of appropriate facilities, personnel, equipment,
5 and services to comply with the provisions of this article;
6 (ii) The use of methods determined to be appropriate by the attending
7 veterinarian to prevent, control, and respond to diseases and injuries,
8 and the availability of emergency, weekend, and holiday care;
9 (iii) Daily observation of all animals to assess their health and
10 well-being; provided, however, that daily observation of animals may be
11 accomplished by someone other than the attending veterinarian who has
12 received the guidance identified in subparagraph (iv) of this paragraph;
13 and provided, further, that a mechanism of direct and frequent communi-
14 cation is required so that timely and accurate information on problems
15 of animal health, behavior, and well-being is conveyed to the attending
16 veterinarian;
17 (iv) Adequate guidance to personnel involved in the care and use of
18 animals regarding handling and immobilization; and
19 (v) Pre-procedural and post-procedural care in accordance with estab-
20 lished veterinary medical and nursing procedures.
21 (b) All animals shall be inoculated as required by state or local law,
22 and shall, at a minimum receive an annual examination by a duly licensed
23 veterinarian, where the pet dealer possesses the animal for more than
24 one year. Veterinary care appropriate to the species shall be provided
25 without undue delay when necessary. Each animal shall be observed each
26 day by the pet dealer or by a person working under the pet dealer's
27 supervision.
28 (c) Within five business days of receipt, but prior to sale of any dog
29 or cat, the pet dealer shall have a duly licensed veterinarian conduct
30 an examination and tests appropriate to the age and breed to determine
31 if the animal has any medical conditions apparent at the time of the
32 examination that adversely affect the health of the animal. For animals
33 eighteen months of age or older, such examination shall include a diag-
34 nosis of any congenital conditions that adversely affect the health of
35 the animal. Any animal diagnosed with a contagious disease shall be
36 treated and caged separately from healthy animals.
37 (d) If an animal suffers from a congenital or hereditary condition,
38 disease, or illness which, in the professional opinion of the pet deal-
39 er's veterinarian, requires euthanasia, the veterinarian shall humanely
40 euthanize such animal without undue delay.
41 (e) In the event an animal is returned to a pet dealer due to a
42 congenital or hereditary condition, illness, or disease requiring veter-
43 inary care, the pet dealer shall, without undue delay, provide the
44 animal with proper veterinary care to treat such condition, illness or
45 disease.
46 (f) No dog shall be bred to produce more than two litters in any eigh-
47 teen month period. No dog may be bred if the animal is younger than one
48 year or older than eight years of age.
49 6. Humane euthanasia. [Humane euthanasia of an animal shall be carried
50 out in accordance with section three hundred seventy-four of this chap-
51 ter.] (a) Humane euthanasia of animals shall be accomplished only by a
52 licensed veterinarian using lawful techniques deemed "acceptable" for
53 dogs by the American Veterinary Medical Association and in accordance
54 with section three hundred seventy-four of this chapter.
55 (b) No animal shall be left unattended between the time that the
56 euthanasia procedure begins and the time when death is confirmed. The
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1 body of a euthanized animal shall not be disposed of in any manner until
2 death is confirmed by a licensed veterinarian, a certified euthanasia
3 technician or a licensed veterinary technician.
4 7. Grooming. Each animal shall be provided with basic grooming suffi-
5 cient to prevent curling of nails or matting of fur.
6 8. Exercise requirements. Pet dealers shall develop, maintain, docu-
7 ment, and implement an appropriate plan to provide dogs with the oppor-
8 tunity for daily exercise. In developing such plan, consideration should
9 be given to providing positive physical contact with humans that encour-
10 ages exercise through play or other similar activities. Such plan shall
11 be approved by the attending veterinarian, and must be made available to
12 the department upon request. (a) Each animal that is a dog shall be
13 provided daily with regular exercise, unless a licensed veterinarian
14 states in writing that such exercise would be detrimental to the
15 animal's health.
16 (b) for dogs possessed by pet dealers who are not retail pet stores,
17 such exercise shall consist of constant and unfettered access to an
18 outdoor exercise area that is composed of a solid, ground level surface
19 with adequate drainage, provides adequate protection from the elements,
20 and provides each dog with at least twice the indoor square footage of
21 the indoor floor space provided to that dog.
22 § 3. Subdivision 6 of section 402 of the agriculture and markets law
23 is renumbered subdivision 7 and a new subdivision 6 is added to read as
24 follows:
25 6. The dates on which each animal was bred, identification of each dog
26 used in the breeding, the dates on which each female animal whelped a
27 litter, and the number of puppies in each such litter.
28 § 4. Subdivisions 1 and 3 of section 403 of the agriculture and
29 markets law, as added by chapter 259 of the laws of 2000, are amended to
30 read as follows:
31 1. No person shall operate as a pet dealer unless such person holds a
32 license issued therefor by the commissioner. [Notwithstanding the fore-
33 going, a pet dealer, in operation on or before the effective date of
34 this section, who has filed an application for an initial license under
35 this article shall be authorized to operate without such license until
36 the commissioner grants or, after notice and opportunity to be heard,
37 declines to grant such license.] Each application for a license shall be
38 made on a form supplied by the department and shall contain such infor-
39 mation as may be required by the department. Renewal applications shall
40 be submitted to the commissioner at least thirty days prior to the
41 commencement of the next license year.
42 3. Each application for a license shall be accompanied by a nonrefund-
43 able fee of one hundred dollars[, except that those pet dealers who
44 engage in the sale of less than twenty-five animals in a year, shall pay
45 a nonrefundable fee of twenty-five dollars].
46 § 5. Section 404 of the agriculture and markets law, as added by chap-
47 ter 259 of the laws of 2000, subdivision 4 as amended by chapter 256 of
48 the laws of 2013, is amended to read as follows:
49 § 404. License refusal, suspension, or revocation. 1. The commissioner
50 may decline to grant or renew or may suspend or revoke a pet dealer
51 license, on any one of the following grounds:
52 [1.] (a) Material misstatement in the license application.
53 [2.] (b) Material misstatement in or falsification of records required
54 to be kept pursuant to this article, or under any regulation promulgated
55 thereunder, or failure to allow the commissioner or his or her author-
56 ized agents to inspect records or pet dealer facilities.
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1 [3. Violation of any provision of this article or conviction] (c) A
2 violation of any provision of this article.
3 2. The commissioner shall, consistent with article twenty-three-A of
4 the correction law, decline to grant, or shall suspend, decline to renew
5 or revoke a pet dealer license on any one of the following grounds:
6 (a) Conviction of a violation of any provision of article twenty-six
7 of this chapter or regulations promulgated thereunder pertaining to
8 humane treatment of animals, cruelty to animals, endangering the life or
9 health of an animal[, or violation].
10 (b) Violation of any federal, state, or local law pertaining to the
11 care, treatment, sale, possession, or handling of animals or any regu-
12 lation or rule promulgated pursuant thereto relating to the endangerment
13 of the life or health of an animal.
14 [4.] 3. Before any license shall be suspended or revoked, the commis-
15 sioner, or any hearing officer he or she may designate, shall hold a
16 hearing, upon due notice to the licensee, in accordance with any regu-
17 lations promulgated by the department and in accordance with articles
18 three and four of the state administrative procedure act. Where a licen-
19 see has three consecutive inspections in which the licensee has failed
20 to correct deficiencies of a critical nature, pursuant to this section,
21 the commissioner shall hold a hearing to consider the suspension or
22 revocation of the pet dealer license. Nothing in this section shall
23 prohibit the commissioner from taking additional actions as otherwise
24 permitted by this section regarding such licenses prior to the occur-
25 rence of three consecutive inspections in which the licensee has failed
26 to correct deficiencies of a critical nature.
27 [5.] 4. Any action of the commissioner shall be subject to judicial
28 review in a proceeding under article seventy-eight of the civil practice
29 law and rules. The commissioner may suspend a pet dealer's license pend-
30 ing a determination in an article seventy-eight proceeding.
31 5. The refusal, suspension, or revocation of a pet dealer's license
32 under this section shall not prevent the levying of additional civil
33 penalties, as provided in section four hundred six of this article, for
34 violations.
35 § 6. Section 405 of the agriculture and markets law, as added by chap-
36 ter 259 of the laws of 2000, is amended to read as follows:
37 § 405. Inspection of pet dealers. 1. The commissioner or his or her
38 authorized agents shall[, at a minimum,] make [yearly] inspections of
39 pet dealers' facilities to ensure compliance with the provisions of this
40 article and with the provisions of article thirty-five-D of the general
41 business law[, except for those pet dealers who engage in the sale of
42 less than twenty-five animals in a year, in which case inspections shall
43 be made whenever in the discretion of the commissioner or his or her
44 authorized agents, a complaint warrants such investigation].
45 2. The commissioner may, pursuant to an agreement entered into with a
46 county or city delegate the authority to conduct inspections of pet
47 dealers and to respond to complaints concerning pet dealers to such
48 county or city where the pet dealer is located[; provided however such
49 delegation of inspection authority shall only be permitted where the
50 commissioner has delegated his or her authority to issue licenses pursu-
51 ant to section four hundred three of this article].
52 3. Any person conducting an inspection of a pet dealer or responding
53 to a complaint concerning a pet dealer shall be specifically trained in
54 the proper care of cats and dogs and in the investigation and identifi-
55 cation of cruelty to animals.
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1 4. Any person conducting an inspection of a pet dealer shall, upon
2 belief that article twenty-six of this chapter or regulations promulgat-
3 ed thereunder pertaining to humane treatment of animals, cruelty to
4 animals, or endangering the life or health of an animal have been
5 violated, report the suspected violation to a duly authorized law
6 enforcement agent and to the commissioner in writing immediately, or as
7 soon as is reasonably possible.
8 5. The commissioner or any county or city agent duly authorized to
9 conduct inspections of pet dealers may require pet dealers to pay an
10 annual inspection fee to be paid within thirty days of an annual
11 inspection.
12 (a) Any moneys received by the commissioner pursuant to this section,
13 including any fines and penalties not collected pursuant to subdivision
14 three of section four hundred six of this article, shall be deposited in
15 the "pet dealer licensing fund" established pursuant to section ninety-
16 seven-rr of the state finance law.
17 (b) Any city or county is hereby authorized to deposit any moneys
18 received pursuant to this section in the respective city or county's
19 general fund; into any fund created for the purposes of administering
20 this section; or into any fund providing for animal welfare generally.
21 § 7. The agriculture and markets law is amended by adding a new
22 section 408 to read as follows:
23 § 408. Severability. If any provision of this article, or the applica-
24 tion thereof to any person or circumstances, is held invalid or uncon-
25 stitutional, that invalidity or unconstitutionality shall not affect
26 other provisions or applications of this article that can be given
27 effect without the invalid or unconstitutional provision or application,
28 and to this end the provisions of this article are severable.
29 § 8. This act shall take effect on the sixtieth day after it shall
30 have become a law. Effective immediately, the addition, amendment and/or
31 repeal of any rule or regulation necessary for the implementation of
32 this act on its effective date is authorized to be made and completed on
33 or before such effective date.
