NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A776A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the agriculture and markets law and the administrative
code of the city of New York, in relation to requiring pet dealers and
pet shops to provide certain breeder and health information to purchas-
ers of animals
PURPOSE:
To enact "Byron's Law" which would provide greater disclosure of breed-
ing information to the consumer who purchases a pet at a retail pet
store.
SUMMARY OF PROVISIONS:
§ 1. This act shall be known and may be cited .as "Bryon'.s Law".
§ 2. Section 402 of the agriculture and markets law, as added by chapter
259 of the laws of 2600, subdivision 1 as amended by chapter 110 of the
laws of 2012, is amended to add breeder name, location, telephone
contact number, breed of dam & sire of pet, and disclosure of any known
hereditary, genetic or congenital defects in the animal's lineage to
records the pet dealer shall maintain in subdivisions one through four.
Subdivision seven states that upon the sale, giving, barter or other
transfer or delivery of an animal as provided in subdivision five of
this section, the pet dealer shall provide the person to whom the animal
is sold, given, bartered, transferred or delivered with a copy of the
information required by subdivisions one, two, three and four of this
section.
§ 3. Section 17-1704 of the administrative code of the city of New York,
as added by local law number 5 of the city of New York for the year
2015, subdivision a and paragraphs 2 and 8 of subdivision b as amended
by local law number 53 of the city of New York for the year 2015, is
amended to add the same disclosure requirements listed in sections one
and two.
JUSTIFICATION:
Byron was a Cock-A-Poo purchased as a puppy at a pet store by Linda
Rizzo in the Town of Queensbury. Shortly after his new owner brought him
home, it was discovered that the puppy was experiencing a myriad of
health issues. The cost to provide such immediate medical care to a pet
on top of the price of purchase is substantial. While pet stores are
required to maintain breeder information for the sale of pets, there is
currently no requirement that this information be disclosed to the
consumer.
At the Federal level, the USDA has removed almost all identifying infor-
mation from the inspection reports it posts online since early 2017. As
a result, there is no feasible way to connect a specific breeder to an
inspection report. This bill will require greater disclosure and provide
pet store customers the breeder name, location, telephone contact
number, breed of dam & sire of pet, and most importantly, disclosure of
any known hereditary, genetic or congenital defects in the animal's
lineage.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
2020: A.8830, referred to agriculture / S.6769, referred to domestic
animal welfare.
2019: A.8830, referred to agriculture / S.6769, referred to rules.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
776--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, SCHMITT, GOTTFRIED,
WILLIAMS, McDONOUGH, SAYEGH, WALCZYK -- Multi-Sponsored by -- M. of A.
GALEF -- read once and referred to the Committee on Agriculture --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law and the administrative
code of the city of New York, in relation to requiring pet dealers and
pet shops to provide certain breeder and health information to
purchasers of animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Byron's law".
2 § 2. Section 402 of the agriculture and markets law, as added by chap-
3 ter 259 of the laws of 2000, subdivision 1 as amended by chapter 110 of
4 the laws of 2012, is amended to read as follows:
5 § 402. Records of purchase and sale. Each pet dealer shall keep and
6 maintain records for each animal purchased, acquired, held, sold, or
7 otherwise disposed of. The records shall include the following:
8 1. The name and address of and a telephone contact number for the
9 person from whom each animal was acquired. If the person from whom the
10 animal was obtained is a dealer licensed by the United States department
11 of agriculture, the person's name, address, and federal dealer identifi-
12 cation number. If the person from whom the animal was obtained is a
13 dealer licensed by the department, the person's name, address, and state
14 dealer identification number. In the case of cats, if a cat is placed in
15 the custody or possession of the pet dealer and the source of origin is
16 unknown, the pet dealer shall state the source of origin as unknown,
17 accompanied by the date, time, and location of receipt. Notwithstanding
18 the provisions of this subdivision, no pet dealer shall knowingly buy,
19 sell, exhibit, transport, or offer for sale, exhibition, or transporta-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02086-03-1
A. 776--A 2
1 tion any stolen animal. No pet dealer shall knowingly sell any cat or
2 dog younger than eight weeks of age.
3 2. The original source of each animal if different than the person
4 recorded in subdivision one of this section.
5 3. The date each animal was acquired.
6 4. A description of each animal showing age, color, markings, sex,
7 breed of the animal and of the dam and sire of the animal, [and] any
8 inoculation, worming, or other veterinary treatment or medication infor-
9 mation available and any information available concerning hereditary,
10 genetic or congenital defects in the animal's lineage. Records shall
11 also include any other significant identification, if known, for each
12 animal, including any official tag number, tattoo, or implant.
13 5. The name and address of the person to whom any animal is sold,
14 given, or bartered or to whom it is otherwise transferred or delivered.
15 The records shall indicate the date and method of disposition.
16 6. Records for each animal shall be maintained for a period of two
17 years from the date of sale or transfer, whichever occurs later. During
18 normal business hours, the records shall be made available to persons
19 authorized by law to enforce the provisions of this article.
20 7. Upon the sale, giving, barter or other transfer or delivery of an
21 animal as provided in subdivision five of this section, the pet dealer
22 shall provide the person to whom the animal is sold, given, bartered,
23 transferred or delivered with a copy of the information required by
24 subdivisions one, two, three and four of this section.
25 § 3. Section 17-1704 of the administrative code of the city of New
26 York, as added by local law number 5 of the city of New York for the
27 year 2015, subdivision a and paragraphs 2 and 8 of subdivision b as
28 amended by local law number 53 of the city of New York for the year
29 2015, is amended to read as follows:
30 §17-1704 Recordkeeping. a. Each pet shop shall keep and maintain
31 records and documentation for each dog or cat purchased, acquired, held,
32 sold, or otherwise disposed of with respect to the purchase, sale, deal-
33 ers, transportation, breeding, medical care and condition, identifica-
34 tion, and previous ownership of such animal. Each pet shop shall keep
35 and maintain such records and documentation for a period of five years
36 from the date such pet shop acquired each such dog or cat.
37 b. Such documentation and records shall be made available upon request
38 for inspection and copying by the department or other persons authorized
39 by law to enforce the provisions of this chapter. Consistent with the
40 New York state technology law, the department may promulgate rules for
41 the production, receipt, acceptance, acquisition, recording, filing,
42 transmission, forwarding, and storage of such records and documentation
43 by use of electronic means. Such records and documentation shall include
44 the following information:
45 1. Proof of purchase, adoption, or acceptance of such animal evincing
46 the source from which such pet shop obtained such animal;
47 2. The breeder's name, address, telephone contact number and federal
48 identification number;
49 3. Such animal's individual identifying tag, tattoo, or collar number;
50 4. The date of the animal's birth, the date the pet shop received the
51 animal, and the location where the animal was received. If the animal is
52 not advertised or sold as a purebred, registered or registerable, the
53 date of birth may be approximated if not known by the seller;
54 5. The animal's breed, sex, color and identifying marks at the time of
55 sale. If the breed is unknown or mixed, the record shall so indicate and
56 state the breed or breeds of the animal's dam and sire, if known;
A. 776--A 3
1 6. A copy of any written statement provided to the purchaser pursuant
2 to section 17-1703 of this title; and
3 7. The name and address of the person to whom the animal was sold or
4 given for adoption.
5 8. Any statement or certification provided to the pet store by the
6 source from which it obtained the animal stating that such animal has
7 been implanted with a microchip for permanent identification.
8 9. A copy of any statement or certificate of registration relating to
9 microchip identification provided to the purchaser pursuant to section
10 17-815 of this title.
11 10. A copy of any record a dealer is required to include with the
12 shipment of an animal pursuant to the animal welfare act, 7 U.S.C. §
13 2131, et seq., or successor provision of law, and the rules promulgated
14 thereunder.
15 11. Such other records and documentation as deemed necessary by the
16 commissioner in accordance with rules promulgated by the department.
17 12. Any information available concerning hereditary, genetic or
18 congenital defects in the animal's lineage.
19 c. In addition to the documentation and records required under subdi-
20 vision a of this section, every pet shop shall keep and maintain the
21 following records for transactions involving one or more dogs:
22 1. If such a dog is being sold as registered or capable of being
23 registered with an animal pedigree registry organization, the names and
24 registration numbers of the sire and dam, and the litter number, if
25 known;
26 2. If the pet shop has released a dog to a purchaser without first
27 submitting a license application, a written statement provided by the
28 purchaser stating that the dog is to be harbored outside the city and
29 such proof as the commissioner may require indicating that such purchas-
30 er resides outside the city.
31 d. Upon the sale, giving, barter or other transfer or delivery of an
32 animal to a purchaser as provided in paragraph seven of subdivision b of
33 this section, the pet dealer shall provide the purchaser with a copy of
34 the information required by paragraphs two, five and twelve of subdivi-
35 sion b of this section.
36 § 4. This act shall take effect on the sixtieth day after it shall
37 have become a law. Effective immediately, the addition, amendment and/or
38 repeal of any rule or regulation necessary for the implementation of
39 this act on its effective date are authorized to be made and completed
40 on or before such date.
