senate Bill S4799

Relates to the care of animals by pet dealers

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Bill Status


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

  • 24 / Apr / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE

Summary

Relates to the care of animals by pet dealers; establishes care and breeding standards for pet dealers when dealing with dogs.

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Bill Details

See Assembly Version of this Bill:
A1655A
Versions:
S4799
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§400 - 405, add §408, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Cycle:
A10150A, A10150A

Sponsor Memo

BILL NUMBER:S4799

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the care of animals by pet dealers

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
improve the existing definition of "pet dealer to include wholesalers,
enable localities to inspect pet dealers, improve humane housing
standards for pets kept by pet dealers, and require the department to
revoke pet dealer licenses upon conviction of animal cruelty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 400 of the agriculture and markets law is amended to include
wholesalers in the definition of "pet dealer."

Section 401 of the agriculture and markets law is amended to improve
the conditions for dogs housed by pet dealers, including requirements
that all dogs over the age of six months have constant and unfettered
access to an indoor enclosure; that all dogs receive sufficient indoor
space for each dog to turn a complete circle; that all dogs have
enough indoor space for each dog to lie down and fully extend their
limbs; that each dog have at least twelve feet of indoor floor space
for each dog up to twenty five inches long. The section also requires
the 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.

Section 402 of the agriculture and markets law is amended to require
pet dealers to record 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 such
litter.

Section 404 of the agriculture and markets law is amended to require
the commissioner to decline to grant or renew, or to suspend a pet
dealer license, if the commissioner determines that approval of the
application will in any way jeopardize the health, safety or welfare
of animals.

Section 405 of the agriculture and markets law is amended to require
the commissioner to perform annual inspections of pet dealer'
facilities, except when the pet dealer sells less than twenty-five
animals per 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. Persons, performing inspections
or responding to complaints shall be trained in the proper care of
cats and dogs, and investigation and identification of cruelty to
animals, and shall report suspected violations of article twenty-six
of this chanter or regulations promulgated thereunder to law
enforcement and to the commissioner in writing immediately, or as soon
as is reasonably possible. The commissioner or any city or county
authorized to conduct inspections may require pet dealers to pay an
annual inspection fee.

JUSTIFICATION: A May 2010 report by the USDA's Office of the Inspector
General found that horrific suffering in puppy mills was routinely


overlooked by the USDA inspectors and that their inspection process
was wholly ineffective against problematic dealers. What have been
dubbed "puppy mills" have escaped proper inspection and oversight by
local counties and cities, due to significant issues in the current
law. For example, there is a loophole in the current definition of
"pet dealer, which as it stands refers only to those breeders who sell
directly to the public, and ignores those who sell animals wholesale
to pet stores or brokers. Additionally, the current definition is
based on the number of animals a dealer sells, which opens the door to
skirting inspections with the claim of inadequate sales. Another
problem is rooted in the ability of New York counties or cities to
provide services without receiving compensation through license fees,
delegated by the commissioner of the New York Department of
Agriculture and Markets.

This bill will improve the living conditions of animals housed by pet
dealers, and give localities the authority to take on inspection
responsibilities, by removing the requirements that they must handle
licensure in order to handle inspections. The bill also enables
localities to fund these inspections by imposing an inspection fee.

PRIOR LEGISLATIVE HISTORY: A10150 (2011-12)

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall make effect on the sixtieth day after
it shall have become law.

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

                                  4799

                       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.
                                                           LBD05605-03-3

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
follows:
  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
ENCLOSURE.
  (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
PROVIDED:
  (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
pollution control.
  (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
such dog.
  (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
shall include:
  (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
veterinarian;
  (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
supervision.
  (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
DISEASE.
  (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
ANIMAL'S HEALTH.
  (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
follows:
  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
VIOLATIONS.
  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
INSPECTION.

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.

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