S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 24, 2013
Introduced by Sen. MARTINS -- 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, in relation to the care
of animals by pet dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 400 of the agriculture and markets
law, as amended by chapter 687 of the laws of 2006, is amended and a new
subdivision 5 is added to read as follows:
4. "Pet Dealer" means any person who:
(A) HAS POSSESSION OF MORE THAN TEN SEXUALLY INTACT FEMALE DOGS OVER
THE AGE OF ONE YEAR FOR THE PURPOSE OF BREEDING THOSE ANIMALS AND SELL-
ING ANY OFFSPRING AS HOUSEHOLD PETS; OR
(B) engages in the sale or offering for sale of more than nine animals
per year for profit [to the public. Such definition shall include breed-
ers who sell or offer to sell animals; provided that a breeder who sells
or offers to sell directly to the consumer fewer than twenty-five
animals per year that are born and raised on the breeder's residential
premises shall not be considered a pet dealer as a result of selling or
offering to sell such animals]. Such definition shall [further] not
include duly incorporated humane societies dedicated to the care of
unwanted animals which make such animals available for adoption whether
or not a fee for such adoption is charged.
5. "RETAIL PET STORE" MEANS A PERSON OR RETAIL ESTABLISHMENT OPEN TO
THE PUBLIC WHERE DOGS ARE BOUGHT, SOLD, EXCHANGED, OR OFFERED FOR RETAIL
SALE DIRECTLY TO THE PUBLIC TO BE KEPT AS PETS, BUT THAT DOES NOT ENGAGE
IN ANY BREEDING OF DOGS FOR THE PURPOSE OF SELLING ANY OFFSPRING FOR USE
AS A HOUSEHOLD PET.
S 2. Section 401 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, paragraph (h) of subdivision 1, paragraph
(a) of subdivision 5 and subdivision 7 as added, paragraph (c) of subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4799 2
vision 5 as amended and paragraphs (b), (d) and (e) of subdivision 5 as
relettered by chapter 110 of the laws of 2012, is amended to read as
S 401. Minimum standards of animal care. Pet dealers shall comply with
the following minimum standards of care for every animal in their custo-
dy or possession.
1. Housing. (a) Animals shall be housed in primary enclosures or
cages, which shall be constructed so as to be structurally sound. Such
enclosures shall be maintained in good repair to contain the animal
housed inside and protect it from injury. Surfaces shall have an imper-
vious surface so as not to permit the absorption of fluids and which can
be thoroughly and repeatedly cleaned and disinfected without retaining
odors. ALL DOGS SHALL HAVE CONSTANT AND UNFETTERED ACCESS TO AN INDOOR
(b) Primary enclosures or cages housing the animals shall provide
sufficient space to allow each animal adequate freedom of movement to
make normal postural adjustments, including the ability to stand up,
turn around, and lie down with its limbs outstretched. [If the flooring
is constructed of metal strands, such strands must either be greater
than one-eighth inch in diameter (nine gauge wire) or shall be coated
with a material such as plastic or fiberglass, and shall be constructed
so as not to allow passage of the animal's feet through any opening in
the floor of the enclosure. Such flooring shall not sag or bend substan-
tially between structural supports.] ALL ANIMALS THAT ARE DOGS SHALL BE
(1) SUFFICIENT INDOOR SPACE FOR EACH DOG TO TURN IN A COMPLETE CIRCLE
WITHOUT ANY IMPEDIMENT (INCLUDING A TETHER);
(2) ENOUGH INDOOR SPACE FOR EACH DOG TO LIE DOWN AND FULLY EXTEND HIS
OR HER LIMBS AND STRETCH FREELY WITHOUT TOUCHING THE SIDE OF AN ENCLO-
SURE OR ANOTHER DOG;
(3) AT LEAST ONE FOOT OF HEADROOM ABOVE THE HEAD OF THE TALLEST DOG IN
THE ENCLOSURE; AND
(4) AT LEAST TWELVE SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG UP
TO TWENTY-FIVE INCHES LONG; AT LEAST TWENTY SQUARE FEET OF INDOOR FLOOR
SPACE PER EACH DOG BETWEEN TWENTY-FIVE AND THIRTY-FIVE INCHES LONG; AND
AT LEAST THIRTY SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG FOR DOGS
THIRTY-FIVE INCHES AND LONGER (WITH THE LENGTH OF THE DOG MEASURED FROM
THE TIP OF THE NOSE TO THE BASE OF THE TAIL). FLOORING OF PRIMARY
ENCLOSURES SHALL CONSIST OF A SOLID, IMPERMEABLE MATERIAL, EXCEPT THAT
DRAINS MAY BE PROVIDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION. A
PRIMARY ENCLOSURE SHALL NOT BE STACKED OR PLACED ON TOP OF ANOTHER
PRIMARY ENCLOSURE. THE REQUIREMENTS OF THIS CLAUSE SHALL NOT APPLY TO A
RETAIL PET STORE.
(c) Housing facilities shall be adequately ventilated at all times to
provide for the health and well-being of the animal. Ventilation shall
be provided by natural or mechanical means, such as windows, vents,
fans, or air conditioners. Ventilation shall be established to minimize
drafts, odors, and moisture condensation.
(d) The temperature surrounding the animal shall be compatible with
the health and well-being of the animal. Temperature shall be regulated
by heating and cooling to sufficiently protect each animal from extremes
of temperature and shall not be permitted to fall below or rise above
ranges which would pose a health hazard to the animal. FOR ANIMALS THAT
ARE DOGS, THE TEMPERATURE SHALL NOT FALL BELOW FORTY-FIVE DEGREES
FAHRENHEIT OR RISE ABOVE EIGHTY-FIVE DEGREES FAHRENHEIT. This shall
include supplying shade from sunlight by natural or artificial means.
S. 4799 3
(e) The indoor facilities housing the animals shall be provided with
adequate lighting sufficient to permit routine inspection and cleaning
and be arranged so that each animal is protected from excessive illumi-
nation which poses a health hazard to the animal.
(f) The indoor and outdoor facilities housing the animals, including
the primary enclosure or cage, shall be designed to allow for the effi-
cient elimination of animal waste and water in order to keep the animal
dry and prevent the animal from coming into contact with these
substances. If drains are used they shall be constructed in a manner to
minimize foul odors and backup of sewage. If a drainage system is used
it shall comply with federal, state, and local laws relating to
(g) In the event that a pet dealer has a pregnant or nursing dog on
his or her premises, the pet dealer shall provide a whelping box for
(h) Pet dealers shall designate and provide an isolation area for
animals that exhibit symptoms of contagious disease or illness. The
location of such designated area must be such as to prevent or reduce
the spread of disease to healthy animals.
2. Sanitation. Housing facilities, including primary enclosures and
cages, shall be kept in a clean condition in order to maintain a healthy
environment for the animal. This shall include removing and destroying
any agents injurious to the health of the animal [and periodic clean-
ings. The primary enclosure or cage shall be constructed so as to elim-
inate excess water, excretions, and waste material]; REMOVAL OF WASTE
MATERIAL FROM PRIMARY ENCLOSURES AT LEAST ONCE PER DAY, AND THE CLEANING
OF PRIMARY ENCLOSURES WITH STERILIZING AGENTS AT LEAST ONCE PER WEEK.
Under no circumstances shall the animal remain inside the primary enclo-
sure or cage while it is being cleaned with sterilizing agents, PRESSUR-
IZED WATER, STEAM, or agents toxic to animals or cleaned in a manner
likely to threaten the health and safety of the animal. Trash and waste
products on the premises shall be properly contained and disposed of so
as to minimize the risks of disease, contamination, and vermin.
3. Feeding and watering. (a) Animals shall be provided with wholesome
and palatable food AT LEAST TWICE A DAY, free from contamination and of
nutritional value sufficient to maintain each animal in good health.
(b) [Animals] EACH ANIMAL shall be adequately fed at intervals not to
exceed twelve hours or at least twice in any twenty-four hour period in
quantities appropriate for the animal species and age, unless determined
otherwise by and under the direction of a duly licensed veterinarian.
(c) Food receptacles shall be provided in sufficient number, of
adequate size, and so located as to enable each animal in the primary
enclosure or cage to be supplied with an adequate amount of food.
(d) [Animals] EACH ANIMAL shall be provided with [regular] CONTINUOUS
access to clean, fresh water[, supplied in a sanitary manner sufficient
for its needs,] THAT IS NOT FROZEN, AND IS FREE OF DEBRIS, FECES, ALGAE
AND OTHER CONTAMINANTS except when there are instructions from a duly
licensed veterinarian to withhold water for medical reasons.
4. Handling. Each animal shall be handled in a humane manner so as not
to cause the animal physical injury or harm.
5. Veterinary care. (a) Any pet dealer duly licensed pursuant to this
article shall designate an attending veterinarian, who shall provide
veterinary care to the dealer's animals which shall include a written
program of veterinary care and regular visits to the pet dealer's prem-
ises, AND SHALL, AT MINIMUM PROVIDE AN ANNUAL EXAMINATION AND PROMPT
S. 4799 4
TREATMENT OF ANY ILLNESS OR INJURY. Such program of veterinary care
(i) The availability of appropriate facilities, personnel, equipment,
and services to comply with the provisions of this article;
(ii) The use of methods determined to be appropriate by the attending
veterinarian to prevent, control, and respond to diseases and injuries,
and the availability of emergency, weekend, and holiday care;
(iii) Daily observation of all animals to assess their health and
well-being; provided, however, that daily observation of animals may be
accomplished by someone other than the attending veterinarian who has
received the guidance identified in subparagraph (iv) of this paragraph;
and provided, further, that a mechanism of direct and frequent communi-
cation is required so that timely and accurate information on problems
of animal health, behavior, and well-being is conveyed to the attending
(iv) Adequate guidance to personnel involved in the care and use of
animals regarding handling and immobilization; and
(v) Pre-procedural and post-procedural care in accordance with estab-
lished veterinary medical and nursing procedures.
(b) All animals shall be inoculated as required by state or local law,
AND SHALL, AT A MINIMUM RECEIVE AN ANNUAL EXAMINATION BY A DULY LICENSED
VETERINARIAN, WHERE THE PET DEALER POSSESSES THE ANIMAL FOR MORE THAN
ONE YEAR. Veterinary care appropriate to the species shall be provided
without undue delay when necessary. Each animal shall be observed each
day by the pet dealer or by a person working under the pet dealer's
(c) Within five business days of receipt, but prior to sale of any
dog, the pet dealer shall have a duly licensed veterinarian conduct an
examination and tests appropriate to the age and breed to determine if
the animal has any medical conditions apparent at the time of the exam-
ination that adversely affect the health of the animal. For animals
eighteen months of age or older, such examination shall include a diag-
nosis of any congenital conditions that adversely affect the health of
the animal. Any animal diagnosed with a contagious disease shall be
treated and caged separately from healthy animals.
(d) If an animal suffers from a congenital or hereditary condition,
disease, or illness which, in the professional opinion of the pet deal-
er's veterinarian, requires euthanasia, the veterinarian shall humanely
euthanize such animal without undue delay.
(e) In the event an animal is returned to a pet dealer due to a
congenital or hereditary condition, illness, or disease requiring veter-
inary care, the pet dealer shall, without undue delay, provide the
animal with proper veterinary care TO TREAT SUCH CONDITION, ILLNESS OR
(F) NO DOG SHALL BE BRED TO PRODUCE MORE THAN TWO LITTERS IN ANY EIGH-
TEEN MONTH PERIOD. NO DOG MAY BE BRED IF THE ANIMAL IS YOUNGER THAN ONE
YEAR OR OLDER THAN EIGHT YEARS OF AGE.
6. Humane euthanasia. [Humane euthanasia of an animal shall be carried
out in accordance with section three hundred seventy-four of this chap-
ter.] (A) HUMANE EUTHANASIA OF ANIMALS SHALL BE ACCOMPLISHED ONLY BY A
LICENSED VETERINARIAN USING LAWFUL TECHNIQUES DEEMED "ACCEPTABLE" FOR
DOGS BY THE AMERICAN VETERINARY MEDICAL ASSOCIATION AND IN ACCORDANCE
WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
(B) NO ANIMAL SHALL BE LEFT UNATTENDED BETWEEN THE TIME THAT THE
EUTHANASIA PROCEDURE BEGINS AND THE TIME WHEN DEATH IS CONFIRMED. THE
BODY OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL
S. 4799 5
DEATH IS CONFIRMED BY A LICENSED VETERINARIAN, A CERTIFIED EUTHANASIA
TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN.
7. GROOMING. EACH ANIMAL SHALL BE PROVIDED WITH BASIC GROOMING SUFFI-
CIENT TO PREVENT CURLING OF NAILS OR MATTING OF FUR.
8. Exercise requirements. Pet dealers shall develop, maintain, docu-
ment, and implement an appropriate plan to provide dogs with the oppor-
tunity for daily exercise. In developing such plan, consideration should
be given to providing positive physical contact with humans that encour-
ages exercise through play or other similar activities. Such plan shall
be approved by the attending veterinarian, and must be made available to
the department upon request. (A) EACH ANIMAL THAT IS A DOG SHALL BE
PROVIDED DAILY WITH REGULAR EXERCISE, UNLESS A LICENSED VETERINARIAN
STATES IN WRITING THAT SUCH EXERCISE WOULD BE DETRIMENTAL TO THE
(B) FOR DOGS POSSESSED BY PET DEALERS WHO ARE NOT RETAIL PET STORES,
SUCH EXERCISE SHALL CONSIST OF CONSTANT AND UNFETTERED ACCESS TO AN
OUTDOOR EXERCISE AREA THAT IS COMPOSED OF A SOLID, GROUND LEVEL SURFACE
WITH ADEQUATE DRAINAGE, PROVIDES ADEQUATE PROTECTION FROM THE ELEMENTS,
AND PROVIDES EACH DOG WITH AT LEAST TWICE THE INDOOR SQUARE FOOTAGE OF
THE INDOOR FLOOR SPACE PROVIDED TO THAT DOG.
S 3. Subdivision 6 of section 402 of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read as
6. THE DATES ON WHICH EACH ANIMAL WAS BRED, IDENTIFICATION OF EACH DOG
USED IN THE BREEDING, THE DATES ON WHICH EACH FEMALE ANIMAL WHELPED A
LITTER, AND THE NUMBER OF PUPPIES IN EACH SUCH LITTER.
S 4. Subdivisions 1 and 3 of section 403 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, are amended to
read as follows:
1. No person shall operate as a pet dealer unless such person holds a
license issued therefor by the commissioner. [Notwithstanding the fore-
going, a pet dealer, in operation on or before the effective date of
this section, who has filed an application for an initial license under
this article shall be authorized to operate without such license until
the commissioner grants or, after notice and opportunity to be heard,
declines to grant such license.] Each application for a license shall be
made on a form supplied by the department and shall contain such infor-
mation as may be required by the department. Renewal applications shall
be submitted to the commissioner at least thirty days prior to the
commencement of the next license year.
3. Each application for a license shall be accompanied by a nonrefund-
able fee of one hundred dollars[, except that those pet dealers who
engage in the sale of less than twenty-five animals in a year, shall pay
a nonrefundable fee of twenty-five dollars].
S 5. Section 404 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, is amended to read as follows:
S 404. License refusal, suspension, or revocation. 1. The commissioner
may decline to grant or renew or may suspend or revoke a pet dealer
license, on any one of the following grounds:
[1.] (A) Material misstatement in the license application.
[2.] (B) Material misstatement in or falsification of records required
to be kept pursuant to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner or his or her author-
ized agents to inspect records or pet dealer facilities.
[3. Violation of any provision of this article or conviction] (C) A
VIOLATION OF ANY PROVISION OF THIS ARTICLE.
S. 4799 6
2. THE COMMISSIONER SHALL, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW, DECLINE TO GRANT, OR SHALL SUSPEND, DECLINE TO RENEW
OR REVOKE A PET DEALER LICENSE ON ANY ONE OF THE FOLLOWING GROUNDS:
(A) CONVICTION of a violation of any provision of article twenty-six
of this chapter or regulations promulgated thereunder pertaining to
humane treatment of animals, cruelty to animals, endangering the life or
health of an animal[, or violation].
(B) VIOLATION of any federal, state, or local law pertaining to the
care, treatment, sale, possession, or handling of animals or any regu-
lation or rule promulgated pursuant thereto relating to the endangerment
of the life or health of an animal.
[4.] 3. Before any license shall be suspended or revoked, the commis-
sioner, or any hearing officer he or she may designate, shall hold a
hearing, upon due notice to the licensee, in accordance with any regu-
lations promulgated by the department and in accordance with articles
three and four of the state administrative procedure act.
[5.] 4. Any action of the commissioner shall be subject to judicial
review in a proceeding under article seventy-eight of the civil practice
law and rules. THE COMMISSIONER MAY SUSPEND A PET DEALER'S LICENSE PEND-
ING A DETERMINATION IN AN ARTICLE SEVENTY-EIGHT PROCEEDING.
5. THE REFUSAL, SUSPENSION, OR REVOCATION OF A PET DEALER'S LICENSE
UNDER THIS SECTION SHALL NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE, FOR
S 6. Section 405 of the agriculture and markets law, as added by
chapter 259 of the laws of 2000, is amended to read as follows:
S 405. Inspection of pet dealers. 1. The commissioner or his or her
authorized agents shall[, at a minimum,] make [yearly] inspections of
pet dealers' facilities to ensure compliance with the provisions of this
article and with the provisions of article thirty-five-D of the general
business law[, except for those pet dealers who engage in the sale of
less than twenty-five animals in a year, in which case inspections shall
be made whenever in the discretion of the commissioner or his or her
authorized agents, a complaint warrants such investigation].
2. The commissioner may, pursuant to an agreement entered into with a
county or city delegate the authority to conduct inspections of pet
dealers and to respond to complaints concerning pet dealers to such
county or city where the pet dealer is located[; provided however such
delegation of inspection authority shall only be permitted where the
commissioner has delegated his or her authority to issue licenses pursu-
ant to section four hundred three of this article].
3. Any person conducting an inspection of a pet dealer or responding
to a complaint concerning a pet dealer shall be specifically trained in
the proper care of cats and dogs and in the investigation and identifi-
cation of cruelty to animals.
4. ANY PERSON CONDUCTING AN INSPECTION OF A PET DEALER SHALL, UPON
BELIEF THAT ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGAT-
ED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS, CRUELTY TO
ANIMALS, OR ENDANGERING THE LIFE OR HEALTH OF AN ANIMAL HAVE BEEN
VIOLATED, REPORT THE SUSPECTED VIOLATION TO A DULY AUTHORIZED LAW
ENFORCEMENT AGENT AND TO THE COMMISSIONER IN WRITING IMMEDIATELY, OR AS
SOON AS IS REASONABLY POSSIBLE.
5. THE COMMISSIONER OR ANY COUNTY OR CITY AGENT DULY AUTHORIZED TO
CONDUCT INSPECTIONS OF PET DEALERS MAY REQUIRE PET DEALERS TO PAY AN
ANNUAL INSPECTION FEE TO BE PAID WITHIN THIRTY DAYS OF AN ANNUAL
S. 4799 7
(A) ANY MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION,
INCLUDING ANY FINES AND PENALTIES NOT COLLECTED PURSUANT TO SUBDIVISION
THREE OF SECTION FOUR HUNDRED SIX OF THIS ARTICLE, SHALL BE DEPOSITED IN
THE "PET DEALER LICENSING FUND" ESTABLISHED PURSUANT TO SECTION NINETY-
SEVEN-RR OF THE STATE FINANCE LAW.
(B) ANY CITY OR COUNTY IS HEREBY AUTHORIZED TO DEPOSIT ANY MONEYS
RECEIVED PURSUANT TO THIS SECTION IN THE RESPECTIVE CITY OR COUNTY'S
GENERAL FUND; INTO ANY FUND CREATED FOR THE PURPOSES OF ADMINISTERING
THIS SECTION; OR INTO ANY FUND PROVIDING FOR ANIMAL WELFARE GENERALLY.
S 7. The agriculture and markets law is amended by adding a new
section 408 to read as follows:
S 408. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE, OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR UNCON-
STITUTIONAL, THAT INVALIDITY OR UNCONSTITUTIONALITY SHALL NOT AFFECT
OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN
EFFECT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
S 8. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made and completed on
or before such effective date.