STATE OF NEW YORK
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5478
2017-2018 Regular Sessions
IN SENATE
March 30, 2017
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Introduced by Sen. AVELLA -- 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, in relation to
restricting the breeding of dogs and setting standards for the care of
breeding dogs and their puppies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (g) and (h) of subdivision 1 of section 401 of
2 the agriculture and markets law, paragraph (g) as added by chapter 259
3 of the laws of 2000 and paragraph (h) as added by chapter 110 of the
4 laws of 2012, are amended to read as follows:
5 (g) [In the event that a pet dealer has a pregnant or nursing dog on
6 his or her premises, the pet dealer shall provide a whelping box for
7 such dog.
8 (h)] Pet dealers shall designate and provide an isolation area for
9 animals that exhibit symptoms of contagious disease or illness. The
10 location of such designated area must be such as to prevent or reduce
11 the spread of disease to healthy animals.
12 § 2. Section 401 of the agriculture and markets law is amended by
13 adding a new subdivision 8 to read as follows:
14 8. Breeding, birth and the care of puppies. (a) Female dogs shall not
15 be bred unless they are at least eighteen months old and less than six
16 years old. No female dog over the age of six years old shall be bred.
17 (b) (1) A female dog shall not be bred more than once a year.
18 (2) A female dog shall not be bred more than four times. After a
19 female dog has whelped four litters, the dog shall be retired from
20 breeding regardless of her age.
21 (3) A dog who has been retired from breeding shall not be sold,
22 released, given, bartered or otherwise transferred to any other pet
23 dealer for the purpose of further breeding. All veterinary and transfer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03333-01-7
S. 5478 2
1 documentation pertaining to such dog shall reflect that the dog is
2 retired from breeding.
3 (c) In the event that a pet dealer has a pregnant or nursing dog on
4 his or her premises, the pet dealer shall provide a whelping or nesting
5 box for such dog. A pregnant dog shall be separated from other animals
6 in preparation for whelping not less than three days before the dog's
7 estimated date of whelping. A nursing dog and her puppies shall be sepa-
8 rated from other animals until the puppies are all weaned; provided that
9 a pet dealer may keep two or more nursing dogs and their respective
10 puppies together in a location separate from non-nursing dogs.
11 (d) (1) No puppy shall be separated from its mother and littermates
12 until it is at least eight weeks old. All puppies and their mother must
13 remain on the pet dealer's premises until the puppies are at least eight
14 weeks old.
15 (2) The provisions of this paragraph shall not prohibit the temporary
16 separation of puppies from the mother dog for the purpose of seeking
17 necessary care from a veterinarian.
18 § 3. This act shall take effect immediately.
