Amd 6714, Ed L; amd 405, 403 & 16, Ag & Mkts L; amd 753, Gen Bus L
Relates to the disclosure of the cause of death of certain companion animals; authorizes the inspection of pet dealers' facilities upon such deaths; requires the department of agriculture and markets develop a rating system for pet dealers and make certain information available on the department's website; requires pet dealers to reimburse consumers if an animal dies within six months of the sale of such animal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6560A
SPONSOR: Giglio JA TITLE OF BILL:
An act to amend the education law, in relation to disclosure of the
cause of death of certain companion animals; to amend the agriculture
and markets law, in relation to authorizing the inspection of pet deal-
ers' facilities upon certain deaths of companion animals and in relation
to requiring that the department develop a rating system for pet dealers
and make certain information available on the department's website; and
to amend the general business law, in relation to requiring pet dealers
to reimburse consumers if an animal dies within six months of the sale
of such animal
PURPOSE OR GENERAL IDEA OF BILL:
To authorize licensed veterinarians to disclose cause of death to the
department of Agriculture and Markets when a companion animal dies with-
in six months of the owner obtaining the companion animal from a pet
dealer. The Commissioner may conduct an inspection of the pet dealers'
facilities if warranted pursuant to the amendments in these laws.
SUMMARY OF PROVISIONS:
Section 1 Section 6714 of the education law is amended by adding a new
subdivision 5-a licensed veterinarian shall disclose the cause of death
or any other relevant records to the Department of Agriculture and
Markets when a companion animal dies due to illness, disease, or congen-
ital condition when death occurs within six months of the owner obtain-
ing the companion animal from a pet dealer. The disclosure shall be made
on a form provided by the Department which shall included the name and
address of the pet dealer from which the companion animal was obtained.
Section 2 Section 405 of the agriculture and markets law is amended by
adding a new subdivision 4 where the Commissioner or agents of the
Department may conduct an inspection of pet dealers' facilities if
warranted pursuant to the new subdivision of the education law stated in
section 1.
Section 3 Subdivision 1 of section 403 of the agriculture and markets
law, as added by chapter 259 of the laws of 2000, is amended Pet dealers
must display a placard which gives the department's website with infor-
mation pertaining to the pet dealer's rating and documentation relating
to the deaths of companion animals at pet dealer. Failure to display the
placard will result in a fine defined in this section.
Section 4 Section 16 of the agriculture and markets law is amended by
adding a new subdivision 50-a The department will develop a new rating
system for pet dealers with the state based on the criteria stated with
the section.
Section 5 Section 753 of the general business law is amended by adding a
new subdivision 1-a reimbursement criteria and deadlines created if a
companion animal dies from a pet dealer.
Section 6 states effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Addition of section 3, 4 and 5. Change of section 6
JUSTIFICATION:
It had been evident over the Over the last few years, sales of pets from
out-of-state or non-licensed breeders have resulted in sick, lame and
dying animals being sold. Having a licensed veterinarian disclose the
cause of death (or death certificate) and then send those findings to
the NYS Department of Agriculture and Markets, may better prevent the
continued selling of these animals. Also, pet stores will be put on
notice that if this practice continues, an inspection and investigation
could result in closure of the pet store.
PRIOR LEGISLATIVE HISTORY:
A.6560 of 2021
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
6560--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. J. A. GIGLIO -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to disclosure of the
cause of death of certain companion animals; to amend the agriculture
and markets law, in relation to authorizing the inspection of pet
dealers' facilities upon certain deaths of companion animals and in
relation to requiring that the department develop a rating system for
pet dealers and make certain information available on the department's
website; and to amend the general business law, in relation to requir-
ing pet dealers to reimburse consumers if an animal dies within six
months of the sale of such animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6714 of the education law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. A veterinarian licensed pursuant to this article shall disclose the
4 cause of death and may disclose any other relevant records for a compan-
5 ion animal to the department of agriculture and markets when such
6 companion animal's death is due to illness, disease, or congenital
7 condition and such death occurs within six months of the owner obtaining
8 such companion animal from a pet dealer, as defined in section four
9 hundred of the agriculture and markets law. Such disclosure shall be
10 made on a form provided by the department of agriculture and markets and
11 shall include the name and address of the pet dealer from which the
12 companion animal was obtained.
13 § 2. Section 405 of the agriculture and markets law is amended by
14 adding a new subdivision 4 to read as follows:
15 4. The commissioner or his or her authorized agents may conduct an
16 inspection of pet dealers' facilities whenever in the discretion of the
17 commissioner or his or her authorized agents a disclosure required
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10017-04-1
A. 6560--A 2
1 pursuant to subdivision five of section sixty-seven hundred fourteen of
2 the education law warrants such investigation. Where the department has
3 received more than one such disclosure, the department may commission
4 with the society for the prevention of cruelty to animals or animal
5 control agency located within the county in which the office of the
6 veterinarian making such disclosure is located to inspect the pet deal-
7 ers' facilities and to audit the paperwork for all companion animals in
8 such pet dealers' facilities to ensure such companion animals were
9 purchased from a breeder licensed by the state.
10 § 3. Subdivision 11 of section 403 of the agriculture and markets law,
11 as added by chapter 259 of the laws of 2000, is amended to read as
12 follows:
13 11. Pet dealers shall conspicuously display their license on the prem-
14 ises where the animals are kept for sale so that they may be readily
15 seen by potential consumers. Pet dealers shall also conspicuously
16 display on the window of the premises a placard containing information
17 for the department's website and where on such website customers can
18 access such pet dealer's rating, inspection reports, and copies of
19 documentation relating to the death of any companion animals sold by
20 such pet dealer. Any pet dealer that does not display such placard
21 shall be fined five hundred dollars for a first offense, one thousand
22 dollars for a second offense, and two thousand five hundred dollars for
23 a third and any subsequent offense.
24 § 4. Section 16 of the agriculture and markets law is amended by
25 adding a new subdivision 50-a to read as follows:
26 50-a. Develop a rating system for pet dealers within the state based
27 on the results of inspections conducted pursuant to section four hundred
28 five of this chapter and the receipt of disclosures of the cause of
29 death and any other relevant records for a companion animal's cause of
30 death. The rating of each pet dealer, the inspection reports of each
31 pet dealer, and any disclosure or other record relating to the cause of
32 death of a companion animal sold by each pet dealer shall be made avail-
33 able on the department's website.
34 § 5. Section 753 of the general business law is amended by adding a
35 new subdivision 1-a to read as follows:
36 1-a. If, within one hundred eighty calendar days following the sale of
37 an animal subject to this article or receipt of the written notice
38 required by section seven hundred fifty-four of this article, whichever
39 occurred last, such animal dies, the consumer shall receive reimburse-
40 ment from the pet dealer for the cost of the animal and for any veteri-
41 nary services from a licensed veterinarian of the consumer's choosing,
42 for the purpose of attempting to cure the animal. Such reimbursement
43 shall be made by the pet dealer not later than ten business days follow-
44 ing receipt of documentation confirming the death of such animal and a
45 signed veterinary certification as herein required. Such documentation
46 and veterinary certification shall be presented to the pet dealer not
47 later than three business days following receipt thereof by the consum-
48 er.
49 § 6. This act shall take effect on the sixtieth day after it shall
50 have become a law. Effective immediately, the addition, amendment and/or
51 repeal of any rule or regulation necessary for the implementation of
52 this act on its effective date are authorized to be made and completed
53 on or before such effective date.
