STATE OF NEW YORK
________________________________________________________________________
3892
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Agriculture
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-
20 tion any stolen animal. No pet dealer shall knowingly sell any cat or
21 dog younger than eight weeks of age.
22 2. The original source of each animal if different than the person
23 recorded in subdivision one of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02086-02-1
A. 3892 2
1 3. The date each animal was acquired.
2 4. A description of each animal showing age, color, markings, sex,
3 breed of the animal and of the dam and sire of the animal, [and] any
4 inoculation, worming, or other veterinary treatment or medication infor-
5 mation available and any information available concerning hereditary,
6 genetic or congenital defects in the animal's lineage. Records shall
7 also include any other significant identification, if known, for each
8 animal, including any official tag number, tattoo, or implant.
9 5. The name and address of the person to whom any animal is sold,
10 given, or bartered or to whom it is otherwise transferred or delivered.
11 The records shall indicate the date and method of disposition.
12 6. Records for each animal shall be maintained for a period of two
13 years from the date of sale or transfer, whichever occurs later. During
14 normal business hours, the records shall be made available to persons
15 authorized by law to enforce the provisions of this article.
16 7. Upon the sale, giving, barter or other transfer or delivery of an
17 animal as provided in subdivision five of this section, the pet dealer
18 shall provide the person to whom the animal is sold, given, bartered,
19 transferred or delivered with a copy of the information required by
20 subdivisions one, two, three and four of this section.
21 § 3. Section 17-1704 of the administrative code of the city of New
22 York, as added by local law number 5 of the city of New York for the
23 year 2015, subdivision a and paragraphs 2 and 8 of subdivision b as
24 amended by local law number 53 of the city of New York for the year
25 2015, is amended to read as follows:
26 §17-1704 Recordkeeping. a. Each pet shop shall keep and maintain
27 records and documentation for each dog or cat purchased, acquired, held,
28 sold, or otherwise disposed of with respect to the purchase, sale, deal-
29 ers, transportation, breeding, medical care and condition, identifica-
30 tion, and previous ownership of such animal. Each pet shop shall keep
31 and maintain such records and documentation for a period of five years
32 from the date such pet shop acquired each such dog or cat.
33 b. Such documentation and records shall be made available upon request
34 for inspection and copying by the department or other persons authorized
35 by law to enforce the provisions of this chapter. Consistent with the
36 New York state technology law, the department may promulgate rules for
37 the production, receipt, acceptance, acquisition, recording, filing,
38 transmission, forwarding, and storage of such records and documentation
39 by use of electronic means. Such records and documentation shall include
40 the following information:
41 1. Proof of purchase, adoption, or acceptance of such animal evincing
42 the source from which such pet shop obtained such animal;
43 2. The breeder's name, address, telephone contact number and federal
44 identification number;
45 3. Such animal's individual identifying tag, tattoo, or collar number;
46 4. The date of the animal's birth, the date the pet shop received the
47 animal, and the location where the animal was received. If the animal is
48 not advertised or sold as a purebred, registered or registerable, the
49 date of birth may be approximated if not known by the seller;
50 5. The animal's breed, sex, color and identifying marks at the time of
51 sale. If the breed is unknown or mixed, the record shall so indicate and
52 state the breed or breeds of the animal's dam and sire, if known;
53 6. A copy of any written statement provided to the purchaser pursuant
54 to section 17-1703 of this title; and
55 7. The name and address of the person to whom the animal was sold or
56 given for adoption.
A. 3892 3
1 8. Any statement or certification provided to the pet store by the
2 source from which it obtained the animal stating that such animal has
3 been implanted with a microchip for permanent identification.
4 9. A copy of any statement or certificate of registration relating to
5 microchip identification provided to the purchaser pursuant to section
6 17-815 of this title.
7 10. A copy of any record a dealer is required to include with the
8 shipment of an animal pursuant to the animal welfare act, 7 U.S.C. §
9 2131, et seq., or successor provision of law, and the rules promulgated
10 thereunder.
11 11. Such other records and documentation as deemed necessary by the
12 commissioner in accordance with rules promulgated by the department.
13 12. Any information available concerning hereditary, genetic or
14 congenital defects in the animal's lineage.
15 c. In addition to the documentation and records required under subdi-
16 vision a of this section, every pet shop shall keep and maintain the
17 following records for transactions involving one or more dogs:
18 1. If such a dog is being sold as registered or capable of being
19 registered with an animal pedigree registry organization, the names and
20 registration numbers of the sire and dam, and the litter number, if
21 known;
22 2. If the pet shop has released a dog to a purchaser without first
23 submitting a license application, a written statement provided by the
24 purchaser stating that the dog is to be harbored outside the city and
25 such proof as the commissioner may require indicating that such purchas-
26 er resides outside the city.
27 d. Upon the sale, giving, barter or other transfer or delivery of an
28 animal to a purchaser as provided in paragraph seven of subdivision b of
29 this section, the pet dealer shall provide the purchaser with a copy of
30 the information required by paragraphs two, five and twelve of subdivi-
31 sion b of this section.
32 § 4. This act shall take effect on the sixtieth day after it shall
33 have become a law. Effective immediately, the addition, amendment and/or
34 repeal of any rule or regulation necessary for the implementation of
35 this act on its effective date are authorized to be made and completed
36 on or before such date.
