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

                                  5114

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, TITONE, ROBERTS -- Multi-Sponsored by --
  M. of A. ABBATE, SWEENEY, THIELE, WEISENBERG -- read once and referred
  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 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,  OR  IF, WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS FOLLOWING SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05068-02-3
              

A. 5114                             2

SALE OR RECEIPT, WHICHEVER OCCURRED LAST, A LICENSED VETERINARIAN CERTI-
FIES SUCH ANIMAL TO BE UNFIT FOR PURCHASE DUE TO A CONGENITAL  MALFORMA-
TION  WHICH  ADVERSELY  AFFECTS THE HEALTH OF THE ANIMAL, 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
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;

A. 5114                             3

  (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;
  (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

A. 5114                             4

  (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
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.

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

                                 5114--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, TITONE, ROBERTS -- Multi-Sponsored by --
  M. of A.   ABBATE,  SWEENEY,  THIELE,  WEISENBERG  --  read  once  and
  referred to the Committee on Agriculture -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05068-06-3
              

A. 5114--A                          2

animal,] or the presence of  symptoms  of  a  contagious  or  infectious
disease,  OR  IF, WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS FOLLOWING SUCH
SALE OR RECEIPT, WHICHEVER OCCURRED LAST, A LICENSED VETERINARIAN CERTI-
FIES  SUCH ANIMAL TO BE UNFIT FOR PURCHASE DUE TO A CONGENITAL MALFORMA-
TION WHICH ADVERSELY AFFECTS THE HEALTH OF THE ANIMAL,  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
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;

A. 5114--A                          3

  (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;
  (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

A. 5114--A                          4

  (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
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
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.