senate Bill S3723

Signed by Governor Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 12 / Feb / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Mar / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 08 / Mar / 2013
    • PRINT NUMBER 3723A
  • 29 / May / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 29 / May / 2013
    • PRINT NUMBER 3723B
  • 04 / Jun / 2013
    • 1ST REPORT CAL.959
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO CODES
  • 11 / Jun / 2013
    • SUBSTITUTED FOR A5114B
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.111
  • 11 / Jun / 2013
    • PASSED ASSEMBLY
  • 11 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.251

Summary

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

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Bill Details

See Assembly Version of this Bill:
A5114
Versions:
S3723
S3723A
S3723B
Legislative Cycle:
2013-2014
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 2011-2012 Legislative Cycle:
S7409, A10493

Sponsor Memo

BILL NUMBER:S3723 REVISED 2/22/13

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 to 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 obtaining or 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 when
the animal has a congenital malformation. 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 when the animal has a
congenital malformation 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: 2012: S7409/A10493 Agriculture

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.

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

                                  3723

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

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 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
SALE OR RECEIPT, WHICHEVER OCCURRED LAST, A LICENSED VETERINARIAN CERTI-

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

S. 3723                             2

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;
  (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;

S. 3723                             3

  (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
  (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

S. 3723                             4

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.

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