A07522 Summary:

BILL NOA07522A
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Add 409, amd 408, Ag & Mkts L
 
Relates to licensed pet breeders and brokers; requires a pet dealer to only purchase a dog or cat for resale from a breeder or broker licensed by the United States department of agriculture or exempt from United States department of agriculture licensing per United States department of agriculture regulation, and such breeder or broker shall be in possession of all other licenses required for a breeder or broker by the state in which such breeder or broker is located.
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A07522 Actions:

BILL NOA07522A
 
05/13/2021referred to agriculture
08/25/2021amend (t) and recommit to agriculture
08/25/2021print number 7522a
01/05/2022referred to agriculture
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A07522 Committee Votes:

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A07522 Floor Votes:

There are no votes for this bill in this legislative session.
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A07522 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7522A
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to licensed pet breeders and brokers   PURPOSE: To bring Suffolk County's Pet dealers regulations statewide.   SUMMARY OF PROVISIONS: Section 1. 752 of the general business law is amended by 2 adding a new subdivision 8 S2. The general business law is amended by adding a new section 753-f S3. Paragraphs (b) and (c) of subdivision 4 of section 400 of the 22 agriculture and markets law, as added by chapter 168 of the laws of 232017, are amended and a new paragraph (d) is added   JUSTIFICATION: JUSTIFICATION: Given the explosion of interest in protecting animal welfare in the wake of COVID-19, it is more important than ever that all Pet Dealers be subject to the same uniform set of laws, not the current municipal patchwork of laws that currently exists. This bill creates uniform standards that mandate the sourcing of animals from only USDA breeders, as well as language regarding inspection reports, record keep- ing and isolation requirements that any reputable Pet Dealer concerned with full transparency and animal welfare should be able to easily adhere to. Unifying the statutes regarding Pet Dealers should make it clear to all concerned parties and interest groups that brick and mortar Pet Stores provide the most transparent and welfare conscious option when people are making the decision as to whether to shop or adopt.   LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A07522 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7522--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2021
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Agriculture --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the agriculture and markets law, in relation to licensed
          pet breeders and brokers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The agriculture and markets law is amended by adding a new
     2  section 409 to read as follows:
     3    § 409.  Licensed  pet  breeders  and  brokers.    Notwithstanding  any
     4  provision of law to the contrary, a pet dealer shall only purchase a dog
     5  or cat for resale from a breeder or broker licensed by the United States
     6  department  of  agriculture  or  exempt from United States department of
     7  agriculture licensing per United States department of agriculture  regu-
     8  lation,  and  such breeder or broker shall be in possession of all other
     9  licenses required for a breeder or broker by the  state  in  which  such
    10  breeder  or  broker  is  located.  No  pet  dealer shall obtain or be in
    11  possession of an animal intended for sale originating from a breeder  or
    12  a broker that has received:
    13    1.  A  direct or critical violation of the Animal Welfare Act from the
    14  United States department of agriculture within the past two years;
    15    2. An indirect no access violation on each  of  the  two  most  recent
    16  inspection  reports  issued  by the United States department of agricul-
    17  ture;
    18    3. Three or more indirect or non-critical  violations,  provided  such
    19  violations  pertain  to the health and welfare of an animal and were not
    20  administrative in nature.  The  indirect  violations  pursuant  to  this
    21  subdivision shall not include the violations pursuant to subdivision two
    22  of this section; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11355-02-1

        A. 7522--A                          2
 
     1    4.  Any  violations on a state inspection report related to the health
     2  and welfare of the animal from the breeder or broker's state  of  origin
     3  within the past two years, if applicable.
     4    §  2. Paragraph (h) of subdivision 2 of section 408 of the agriculture
     5  and markets law, as added by chapter 168 of the laws of 2017, is amended
     6  to read as follows:
     7    (h) The number of animals currently harbored by the applicant, includ-
     8  ing a statement of where each animal was obtained;
     9    § 3. Paragraphs (e) and (f) of subdivision 4 of  section  408  of  the
    10  agriculture  and  markets  law,  as  added by chapter 168 of the laws of
    11  2017, are amended and a new paragraph (g) is added to read as follows:
    12    (e) The applicant or registrant is determined by the  commissioner  to
    13  be  in  violation  of section twenty-one hundred forty-one of the public
    14  health law or any rule  or  regulation  promulgated  thereunder  by  the
    15  commissioner of health; [and]
    16    (f)  The  applicant  or registrant, or an officer or director has been
    17  responsible in whole or in part for any  act  on  account  of  which  an
    18  application  for  registration may be denied or a registration cancelled
    19  pursuant to the provisions of this article[.]; and
    20    (g) The applicant or registrant is determined by the  commissioner  to
    21  have obtained animals from a breeder or a broker that has received:
    22    (i)  A direct or critical violation of the Animal Welfare Act from the
    23  United States department of agriculture within the past two years;
    24    (ii) An indirect no access violation on each of the  two  most  recent
    25  inspection  reports  issued  by the United States department of agricul-
    26  ture;
    27    (iii) Three or more indirect or non-critical violations, provided such
    28  violations pertain to the health and welfare of an animal and  were  not
    29  administrative  in  nature.  The  indirect  violations described in this
    30  subparagraph shall not include the violations pursuant  to  subparagraph
    31  (ii) of this paragraph; or
    32    (iv) Any violations on a state inspection report related to the health
    33  and  welfare  of the animal from the breeder or broker's state of origin
    34  within the past two years, if applicable.
    35    § 4. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
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