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

                                 6428--A
    Cal. No. 39

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

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

  Section 1. Section 391-t of the general business law, as  added  by  a
chapter of the laws of 2015, amending the general business law, relating
to  requiring  pet  dealers to provide instructions on the care of small
animals, as proposed in legislative bills numbers S. 5946 and A. 8058-B,
is amended to read as follows:
  S 391-t. Sale of small animals; instructions on care. 1.  As  used  in
this  section,  a  "small animal" shall mean any small mammal, excluding
dogs or cats, including  but  not  limited  to,  hamsters,  chinchillas,
guinea  pigs, gerbils, rabbits, mice, rats, ferrets and any small amphi-
bians or reptiles, including  but  not  limited  to  frogs,  snakes  and
lizards, BUT SHALL NOT INCLUDE ANY SMALL ANIMALS THAT ARE EXPRESSLY SOLD
FOR THE PURPOSE OF FEEDING OTHER ANIMALS.
  2.  AS  USED  IN  THIS SECTION, A "RETAILER" SHALL MEAN ANY PERSON WHO
CONDUCTS A BUSINESS OF SELLING OR OFFERING FOR  SALE  SMALL  ANIMALS  AT
RETAIL FOR PROFIT TO THE PUBLIC.
  3.  Every [pet dealer, as defined in section four hundred of the agri-
culture and markets law, as well  as  any]  retailer  that  sells  small
animals  to  the  public, shall, AT THE TIME OF SALE, deliver or provide
digital access to the purchaser of a small animal, [at the time of sale,
general] written CARE recommendations for [the generally  accepted  care
of]  the  class  of  [such]  small animal[, obtained from sources] BEING
PURCHASED, WHICH RECOMMENDATIONS SHALL: (A) INCLUDE  GENERALLY  ACCEPTED
INFORMATION  INTENDED  FOR AN INEXPERIENCED PET OWNER ON HOUSING, EQUIP-
MENT, SANITATION,  ENVIRONMENT,  FEEDING  AND  WATERING,  HANDLING,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08958-14-6

S. 6428--A                          2

VETERINARY  CARE;  AND  (B) HAVE BEEN CREATED OR PUBLISHED BY A RELIABLE
SOURCE including but not limited to: a state or national[:] professional
VETERINARY association;  AN  ASSOCIATION  established  [to  further  the
veterinary  professions;  association  established] for the preservation
and care of [reptiles] ANY SUCH SMALL ANIMAL; or [pet industry organiza-
tion] AN ASSOCIATION representing pet retailers[, including  information
on  housing,  equipment,  sanitation, environment, feeding and watering,
handling, and veterinary care. This written information shall  be  in  a
form determined by the commissioner of the department of agriculture and
markets].
  [3. This section shall not apply to the sale of small animals that are
expressly sold as feeder animals.]
  4.  [The pet dealer or retailer that sells small animals to the public
shall file a copy of the written instructions on care annually with  the
department  of  agriculture  and markets.] ALL RETAILERS THAT SELL SMALL
ANIMALS TO THE PUBLIC SHALL MAINTAIN A COPY OF THE WRITTEN  CARE  RECOM-
MENDATIONS  FOR  EACH  CLASS  OF  SMALL ANIMAL THEY SELL, WHICH SHALL BE
AVAILABLE FOR INSPECTION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  a chapter of the laws of 2015, amending the general business
law, relating to requiring pet dealers to provide  instructions  on  the
care  of small animals, as proposed in legislative bills numbers S. 5946
and A.  8058-B, takes effect.