A00776 Summary:

BILL NOA00776A
 
SAME ASSAME AS S02273
 
SPONSORPaulin
 
COSPNSRDinowitz, Seawright, Schmitt, Gottfried, Williams, McDonough, Sayegh, Walczyk
 
MLTSPNSRGalef
 
Amd §402, Ag & Mkts L; amd §17-1704, NYC Ad Cd
 
Requires pet dealers and pet shops to provide certain breeder and health information to purchasers of animals.
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A00776 Actions:

BILL NOA00776A
 
01/06/2021referred to agriculture
02/24/2021amend and recommit to agriculture
02/24/2021print number 776a
01/05/2022referred to agriculture
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A00776 Committee Votes:

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A00776 Floor Votes:

There are no votes for this bill in this legislative session.
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A00776 Memo:

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.
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A00776 Text:



 
                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.
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