STATE OF NEW YORK
________________________________________________________________________
904
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
___________
Introduced by Sen. AMEDORE -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general business
law, in relation to establishing minimum requirements for residential
breeders of cats and/or dogs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and subdivision 4 of section 400 of
2 the agriculture and markets law, the opening paragraph as added by chap-
3 ter 259 of the laws of 2000 and subdivision 4 as amended by chapter 687
4 of the laws of 2006, are amended and a new subdivision 5 is added to
5 read as follows:
6 As used in this article and article twenty-six-C of this chapter:
7 4. "Pet [Dealer"] dealer" means any person who engages in the sale or
8 offering for sale of more than nine animals per year for profit to the
9 public. Such definition shall include breeders who sell or offer to sell
10 animals; provided, however, that [a breeder who sells or offers to sell
11 directly to the consumer fewer than twenty-five animals per year that
12 are born and raised on the breeder's residential premises shall not be
13 considered a pet dealer as a result of selling or offering to sell such
14 animals. Such definition] such term shall [further] not include a resi-
15 dential breeder or duly incorporated humane societies dedicated to the
16 care of unwanted animals which make such animals available for adoption
17 whether or not a fee for such adoption is charged.
18 5. "Residential breeder" means a breeder who sells or offers to sell
19 directly to consumers fewer than thirty animals per year, that are born
20 or raised on the breeder's residential premises. A residential breeder
21 shall not be deemed to be a pet dealer as a result of selling or offer-
22 ing to sell such animals.
23 § 2. The agriculture and markets law is amended by adding a new arti-
24 cle 26-C to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03832-01-7
S. 904 2
1 ARTICLE 26-C
2 MINIMUM REQUIREMENTS FOR RESIDENTIAL BREEDERS
3 Section 420. Minimum standards of care.
4 421. Records of sale.
5 422. Inspections of residential breeders.
6 423. Violations.
7 424. Preemption of local laws.
8 § 420. Minimum standards of care. 1. Each residential breeder shall
9 provide animals, except when there are instructions from a veterinarian,
10 licensed pursuant to article one hundred thirty-five of the education
11 law, to withhold food for medical reasons, with wholesome and palatable
12 food, free from contamination and of nutritional value sufficient to
13 maintain each animal in good health.
14 2. Water shall be supplied by a residential breeder to animals in a
15 sanitary manner sufficient for each animal's needs, except when there
16 are instructions from a veterinarian, licensed pursuant to article one
17 hundred thirty-five of the education law, to withhold water for medical
18 reasons.
19 3. In the event that a residential breeder has a pregnant or nursing
20 dog on his or her premises, he or she shall provide a whelping area or
21 box for such dog.
22 4. Residential breeders shall ensure that all animals in their care
23 are vaccinated as required by state or local law. Each residential
24 breeder shall make certain that veterinary care appropriate to each
25 breed of animal is provided without undue delay when necessary. Each
26 animal shall be observed each day by the residential breeder or by a
27 person working under the residential breeder's supervision.
28 5. No residential breeder shall knowingly sell any animal that has a
29 diagnosed congenital condition or contagious disease that adversely
30 affects the health of the animal without first informing the consumer,
31 in writing, of such condition.
32 § 421. Records of sale. 1. Each residential breeder shall keep and
33 maintain records for each animal sold. The records shall include the
34 name and address of the consumer to whom any animal is sold and the date
35 of sale.
36 2. Records of sale for each animal shall be maintained for a period of
37 two years from the date of sale.
38 § 422. Inspections of residential breeders. Inspections of residential
39 breeders shall be made whenever in the discretion of the commissioner or
40 his or her authorized agents, a complaint warrants investigation. Any
41 person conducting an inspection of a residential breeder or responding
42 to a complaint concerning a residential breeder shall be a state offi-
43 cial, police officer or peace officer specifically trained in the proper
44 care of dogs and in the investigation and identification of cruelty to
45 animals.
46 § 423. Violations. In addition to any other penalty provided in this
47 chapter, a residential breeder who violates any provisions of this arti-
48 cle shall be guilty of a civil offense, for which a fine of not less
49 than one hundred dollars, nor more than one thousand dollars for each
50 violation may be imposed.
51 § 424. Preemption of local laws. The provisions of this article shall
52 apply to all municipalities, including cities with a population of one
53 million or more, and shall supersede any local law, rule, regulation or
54 ordinance regulating or licensing breeders. Nothing in this section
55 shall be construed to limit or restrict any municipality from enforcing
S. 904 3
1 any local law, rule, regulation or ordinance of general application to
2 businesses governing public health, safety or the rights of consumers.
3 § 3. Subdivision 3 of section 752 of the general business law, as
4 amended by chapter 687 of the laws of 2006, is amended to read as
5 follows:
6 3. For purposes of [section] sections seven hundred fifty-three and
7 seven hundred fifty-three-c of this article, a "pet dealer" shall mean
8 any person who, in the ordinary course of business, engages in the sale
9 or offering for sale of more than nine animals per year for profit to
10 the public. Such definition shall include breeders of animals who sell
11 or offer for sale animals directly to a consumer but it shall not
12 include duly incorporated humane societies dedicated to the care of
13 unwanted animals which make such animals available for adoption whether
14 or not a fee for such adoption is charged. For purposes of sections
15 seven hundred fifty-three-a, seven hundred fifty-three-b[, seven hundred
16 fifty-three-c,] and seven hundred fifty-three-d [and seven hundred
17 fifty-three-e] of this article, "pet dealer" shall mean any person who
18 engages in the sale or offering for sale of more than nine animals per
19 year for profit to the public. Such definition shall include breeders
20 who sell animals; provided , however, that a residential breeder [who
21 sells or offers to sell directly to the consumer fewer than twenty-five
22 animals per year that are born and raised on the breeders residential
23 premises] , as defined in subdivision five of section four hundred of
24 the agriculture and markets law, shall not be considered a pet dealer as
25 a result of selling or offering to sell such animals. Such definition
26 shall not include duly incorporated humane societies dedicated to the
27 care of unwanted animals which make such animals available for adoption
28 whether or not a fee for such adoption is charged.
29 § 4. This act shall take effect on the one hundred twentieth day after
30 it shall have become a law.