NY State Senate Bill 2011-S7409

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2012	referred to agriculture

2011-S7409 (ACTIVE) - Details

See Assembly Version of this Bill:: A10493
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§403 & 406, Ag & Mkts L; amd §§753, 753-b & 755, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S3723, A5114

2011-S7409 (ACTIVE) - Summary

Relates to the sale of animals; brokers and dealers; fines and penalties.

2011-S7409 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7409

TITLE OF BILL:
An act
to amend the agriculture and markets law and the general business law,
in relation to the sale of animals

PURPOSE:
To further educate consumers of their rights concerning the source and
location of a pet, name of broker, veterinary treatments received, to
deter violations, and extend the animal lemon law.

SUMMARY OF PROVISIONS:
Section 1: adds a new subdivision to section 403 of the agriculture
and markets law to require any fines to be satisfied prior to a pet
dealer renewing their license.
Section 2: amends subdivision 2 of section 406 of agriculture and
markets law to increase the minimum fine for a violation from 50
dollars to 150 dollars.
Section 3: amends subdivision 1 of section 753 of general business law
by increasing the time from 14 business days to 180 calendar days. It
corrects a clerical error referencing an incorrect section of the
general business law.
Section 4: amends subdivisions 1(a) and 2(a) of section 753-b of
general business law to require, if applicable, a broker's name and
address; amends subdivision 2(b) of the same section to require the

location the dog was received (in conformity with 2(a)); corrects a
typographical error by hyphenating "non-elective" in subdivisions
1(e) (2) and 2(e) (2); amends subsection 4 to require the notice to
be posted on the cages of dogs and cats offered for sale.
Section 5: amends subdivision 1 of section 755 of general business law
to increase the minimum fine for a violation from 50 dollars to 150
dollars.
Section 6: effective date shall be on the 180th day after it shall
have become law.

JUSTIFICATION:
Consumers have already been afforded many rights under the agriculture
and markets law and the general business law related to dogs and cats
for sale by pet dealers. This bill seeks to further the intent of
those laws, heighten awareness, and encourage compliance thereof.

Notice, as required in general business law section 753-b (4), states
that purchasers and, upon request, prospective purchasers, will be
provided with information as to the source of the animal
and the veterinary treatment it received. It will now require that the
notice be posted on each cage rather than in close proximity to the
cage. This will increase the likelihood that the consumer will
actually read the notice, thus ensuring that consumers will know as
much as possible about the animal they are purchasing.

In furtherance of disclosure, the information statement provided to
purchasers as set forth in general business law section 753-b shall
now include, if applicable, the broker's name and address for both
cats and dogs. Currently, only the breeder's name and address is
required. It will also require the location the dog was received.
This is already required for cats.

Increasing the minimum fines from 50 dollars to 150 dollars should
help to deter violations and requiring any fines to be satisfied
prior to renewal of the pet dealer license should also help to
encourage compliance and deter violations.

General business law article 35-D is informally known as the animal
lemon law. It details the rights of a consumer if their newly
purchased pet is diagnosed with a congenital malformation, is unfit
for purchase due to illness, or has a contagious or infectious
disease. These rights, however, only apply if the pet is so diagnosed
within fourteen business days of the sale.
Realistically, congenital malformations are not readily detected in
very young animals.
Expanding the time frame to six months is much more appropriate.
Twenty states have animal lemon laws. Fourteen out of the twenty
states allow more than fourteen days. Most of the larger states allow
at least six months and some even allow one year.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2011-S7409 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7409

                            I N  S E N A T E

                               May 9, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the sale of animals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 403 of the agriculture and markets law is amended
by adding a new subdivision 10-a to read as follows:
  10-A. ANY FINES IMPOSED UPON A PET  DEALER  IN  ACCORDANCE  WITH  THIS
ARTICLE  AND  ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW SHALL BE
SATISFIED PRIOR TO THE ISSUANCE OF A LICENSE OR RENEWAL THEREOF PURSUANT
TO THIS ARTICLE AND ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW.
  S 2. Subdivision 2 of section 406 of the agriculture and markets  law,
as  added  by  chapter  259  of  the laws of 2000, is amended to read as
follows:
  2. Violation of any provision of this article, is a civil offense, for
which a penalty of not less than [fifty] ONE HUNDRED FIFTY  dollars  and
not more than one thousand dollars for each violation may be imposed.
  S  3.  Subdivision  1  of  section 753 of the general business law, as
added by chapter 431 of the laws  of  1988,  the  opening  paragraph  as
amended  and  such  section  as  renumbered by chapter 68 of the laws of
1993, is amended to read as follows:
  1. If, within [fourteen business] ONE  HUNDRED  EIGHTY  CALENDAR  days
following  the  sale  of an animal subject to this article or receipt of
the written notice required by section seven hundred fifty-four of  this
article,  whichever  occurred  last,  a  veterinarian  of the consumer's
choosing, licensed by a state certifies such  animal  to  be  unfit  for
purchase  due  to  illness,  a  congenital  malformation which adversely
affects the health of the animal, or  the  presence  of  symptoms  of  a
contagious  or  infectious  disease,  the  pet  dealer  shall afford the
consumer the right to choose one of the following options:
  (a) The right to return  the  animal  and  receive  a  refund  of  the
purchase  price  including  sales  tax  and  reasonable veterinary costs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15651-02-2

S. 7409                             2

directly related to the veterinarian's certification that the animal  is
unfit for purchase pursuant to this section;
  (b)  The  right to return the animal and to receive an exchange animal
of the consumer's choice of equivalent value and  reasonable  veterinary
costs  directly  related  to  the  veterinarian's certification that the
animal is unfit for purchase pursuant to this section; or
  (c) The right to retain the animal and to receive reimbursement from a
pet dealer for veterinary services from a licensed veterinarian  of  the
consumer's choosing, for the purpose of curing or attempting to cure the
animal.  The  reasonable value of reimbursable services rendered to cure
or attempting to cure the animal shall not exceed the purchase price  of
the  animal.  The  value of such services is reasonable if comparable to
the value of similar services rendered by other  licensed  veterinarians
in  proximity to the treating veterinarian. Such reimbursement shall not
include the costs of initial veterinary examination fees and  diagnostic
fees  not  directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section.
  The commissioner by regulations shall prescribe a form  for,  and  the
content  of,  the  certification  that  an animal is unfit for purchase,
which shall be provided by an examining veterinarian to a consumer  upon
the  examination of an animal which is subject to the provisions of this
section. Such form shall include, but not  be  limited  to,  information
which  identifies  the type of animal, the owner, the date and diagnosis
of the animal, the treatment recommended if any, and an estimate or  the
actual  cost  of such treatment. Such form shall also include the notice
prescribed in section seven hundred  [forty-three]  FIFTY-FOUR  of  this
article.
  The  commissioner  by  regulations  shall  prescribe information which
shall be provided in writing by the pet dealer to the consumer upon  the
sale  of  the animal. Such information shall include, but not be limited
to, a description, including breed of the animal, the date of  purchase,
the  name,  address and telephone number of the consumer, and the amount
of the purchase. The pet dealer shall certify such information by  sign-
ing the document in which it is contained.
  S  4.  Section  753-b of the general business law, as added by chapter
259 of the laws of 2000, paragraph (f) of  subdivision  2  as  added  by
chapter 598 of the laws of 2008, is amended to read as follows:
  S  753-b.  Information statement for purchaser. Every pet dealer shall
deliver to the purchaser of an animal, at the time of  sale,  a  written
statement in a standardized form prescribed by the commissioner of agri-
culture and markets containing the following information:
  1. For cats:
  (a)  The  breeder's  AND, IF APPLICABLE, BROKER'S name and address, if
known, or, if not known, the source of the cat. If the person from  whom
the  cat  was obtained is a dealer licensed by the United States depart-
ment of agriculture, the person's name, address, and federal identifica-
tion number;
  (b) The date of the cat's birth, unless unknown because of the  source
of  the  cat, the date the pet dealer received the cat, and the location
where the cat was received;
  (c) A record of immunizations and worming treatments administered,  if
any,  to  the  cat  as  of  the  time  of  sale while the cat was in the
possession of the pet dealer, including the dates of administration  and
the type of vaccines or worming treatments administered;
  (d)  A  record of any known disease, sickness, or congenital condition
that adversely affects the health of the cat at the time of sale;

S. 7409                             3

  (e) A record of any veterinary treatment or medication received by the
cat while in the possession of the pet dealer and either of the  follow-
ing:
  (i)  A  statement, signed by the pet dealer at the time of sale, indi-
cating all of the following:  (1)  The  cat  has  no  known  disease  or
illness;  (2)  The  cat  has no known congenital or hereditary condition
that adversely affects the health of the cat at the time of sale; or
  (ii) A  record  of  any  known  congenital  or  hereditary  condition,
disease,  or illness that adversely affects the health of the cat at the
time of sale, along with a statement signed by a  licensed  veterinarian
that  authorizes the sale of the cat, recommends necessary treatment, if
any, and verifies that  the  condition,  disease  or  illness  does  not
require  hospitalization  or  [nonelective] NON-ELECTIVE surgical proce-
dures, and is not likely to  require  hospitalization  or  [nonelective]
NON-ELECTIVE surgical procedures in the future. A veterinarian statement
is  not required for intestinal or external parasites unless their pres-
ence makes the cat clinically ill or is likely to  make  the  cat  clin-
ically  ill.  The  statement  shall  be valid for fourteen business days
following examination of the cat by the veterinarian.
  2. For dogs:
  (a) The breeder's AND, IF APPLICABLE, BROKER'S name  and  address,  if
known,  or  if not known, the source of the dog. If the person from whom
the dog was obtained is a dealer licensed by the United  States  depart-
ment of agriculture, the person's name, address, and federal identifica-
tion number;
  (b)  The  date  of  the  dog's birth and the date AND LOCATION the pet
dealer received the dog. If the dog is not advertised or sold as a pure-
bred, registered or registrable, the date of birth may  be  approximated
if not known by the seller;
  (c)  The  breed, sex, color and identifying marks at the time of sale.
If the dog is from a United States department  of  agriculture  licensed
source,  the  individual  identifying  tag, tattoo, or collar number for
that animal. If the breed is unknown or mixed, the record shall so indi-
cate. If the dog is being sold as being  capable  of  registration,  the
names  and  registration  numbers  of  the  sire and dam, and the litter
number, if known;
  (d) A record of inoculations and worming treatments  administered,  if
any,  to  the  dog  as  of  the  time  of  sale while the dog was in the
possession of the pet dealer, including dates of administration and  the
type of vaccines and/or worming treatments administered;
  (e) A record of any veterinary treatment or medication received by the
dog  while in the possession of the pet dealer and either of the follow-
ing:
  (i) A statement, signed by the pet dealer at the time of  sale,  indi-
cating  all  of  the  following:  (1)  The  dog  has no known disease or
illness; (2) The dog has no known  congenital  or  hereditary  condition
that adversely affects the health of the dog at the time of the sale; or
  (ii) A record of any known congenital or hereditary condition, disease
or  illness  that adversely affects the health of the dog at the time of
sale, along with a statement signed  by  a  licensed  veterinarian  that
authorizes  the sale of the dog, recommends necessary treatment, if any,
and verifies that the condition, disease, or illness  does  not  require
hospitalization  or  [nonelective] NON-ELECTIVE surgical procedures, and
is not likely to require hospitalization or  [nonelective]  NON-ELECTIVE
surgical  procedures  in  the  future.  A  veterinarian statement is not
required for intestinal or  external  parasites  unless  their  presence

S. 7409                             4

makes  the  dog  clinically  ill or is likely to make the dog clinically
ill. The statement shall be valid for fourteen business  days  following
examination of the dog by the veterinarian.
  (f)  Notification  that  dogs  residing  in  New  York  state  must be
licensed, and that a license may be obtained from  the  municipality  in
which the dog resides.
  3.  A  disclosure  made  pursuant  to  subdivision  one or two of this
section shall be signed by both the pet dealer certifying  the  accuracy
of  the  statement and the purchaser acknowledging receipt of the state-
ment. At the time of sale, each pet dealer shall provide  the  purchaser
with information on the value of spaying and neutering of dogs and cats.
  4.  Every  pet dealer shall post conspicuously [within close proximity
to] ON the cages of dogs and cats offered for sale, a notice  containing
the  following  language  in one hundred-point type: "Information on the
source of these dogs and cats and the veterinary treatments received  by
these dogs and cats is available for review by prospective purchasers."
  S  5.  Subdivision  1  of  section 755 of the general business law, as
amended by chapter 259 of the laws of 2000, is amended and a new  subdi-
vision 1-b is added to read as follows:
  1. In addition to the other remedies provided, whenever there shall be
a  violation  of  this  article, application may be made by the attorney
general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an  injunc-
tion,  and  upon  notice to the defendant of not less than five days, to
enjoin and restrain the continuance of such violations; and if it  shall
appear  to  the  satisfaction of the court or justice that the defendant
has, in fact, violated this article, an injunction may be issued by such
court or justice, enjoining and restraining any further violation, with-
out requiring proof that any  person  has,  in  fact,  been  injured  or
damaged  thereby.  In any such proceeding, the court may make allowances
to the attorney general as provided in paragraph six of subdivision  (a)
of  section  eighty-three  hundred  three  of the civil practice law and
rules, and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court  may  impose  a  civil
penalty  of not less than [fifty] ONE HUNDRED FIFTY dollars and not more
than one thousand dollars. In connection with any such proposed applica-
tion, the attorney general is authorized to take proof and make a deter-
mination of the relevant facts and to issue subpoenas in accordance with
the civil practice law and rules.
  1-B. ANY FINES IMPOSED UPON A  PET  DEALER  IN  ACCORDANCE  WITH  THIS
SECTION AND SECTIONS FOUR HUNDRED FOUR AND FOUR HUNDRED SIX OF THE AGRI-
CULTURE  AND  MARKETS  LAW SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A
LICENSE OR RENEWAL THEREOF UNDER THIS ARTICLE.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S7409

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S7409 (ACTIVE) - Details

2011-S7409 (ACTIVE) - Summary

2011-S7409 (ACTIVE) - Sponsor Memo

2011-S7409 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7409

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S7409 (ACTIVE) - Details

2011-S7409 (ACTIVE) - Summary

2011-S7409 (ACTIVE) - Sponsor Memo

2011-S7409 (ACTIVE) - Bill Text download pdf

Comments