Senate Bill S4690

                                 BILL NUMBER:  S4690

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to a limit on intact animals and the definition of pet
dealers

 PURPOSE OR GENERAL IDEA OF BILL : To help curtail the abusive
treatment that dogs and cats receive from pet dealers and breeders

 SUMMARY OF SPECIFIC PROVISIONS : Section one amends the agriculture
and markets law by adding a new section 380 which provides that the
number of dogs or cats with intact sexual organs - not spayed or
neutered - that a person or business may own, possess, control or
otherwise have charge or custody of shall be limited to fifty. A
violation of this section is a class A misdemeanor.

Section two amends section 373 of the agriculture and markets law by
adding a new subdivision 2-a which provides that an agent or officer
may lawfully take possession of any animals kept in violation of new
section 380 of the agriculture and markets law, provided that a proper
warrant authorizing entry and search is issued by any magistrate
authorized to issue warrants in criminal cases and such warrant is
based on a complaint, made under oath or affirmation stating grounds
that are just and reasonable.

Section three amends subdivision 4 of section 400 of the agriculture
              

and markets law, as amended by chapter 687 of the laws of 2006, by
providing that the definition of "pet dealer" shall include persons
who sell or offer for sale nine or more animals at wholesale. Breeders
who sell directly to the consumer or at wholesale shall be considered
pet dealers.

Section four provides the effective date.

 JUSTIFICATION : New York requires all pet dealers who sell to the
public to obtain a license and adhere to certain humane provisions.
Wholesalers, however, are exempt from the law. This legislation
broadens the definition of "pet dealer" to include those who sell more
than nine animals a year at wholesale. Current law provides that both
breeders who sell fewer than twenty-five animals per year that are
born and raised on the breeder's residential premises and sold
directly to the consumer, and duly incorporated humane societies are
not considered "pet dealers."  New York law does not limit the number
of animals a breeder may have.  Some breeders have hundreds, and even
thousands of animals. The conditions in which such animals live are
often very poor. Such animals lack proper food, water, shelter, and
veterinary care. Some animals live their entire lives within a cage,
loosing the ability to walk. A common term for places that use abusive
dog breeding practices is "puppy mills."

This legislation limits the number of dogs or cats that a breeder may
own at one time to fifty when they have intact sexual organs. The
effective date of one hundred eighty days gives owners ample time to
comply with the amended law. However, should a breeder be in violation
of the new law, this legislation provides that a police officer or
certain agents or officers may take possession of animals kept in
violation of such law, provided a proper warrant is issued by any
magistrate authorized to issue warrants in criminal cases.

The goal of this legislation is to help ensure that dogs and cats will
be treated more humanely by pet dealers and those who are breeders,
and that people who purchase dogs or cats receive a companion animal
that is healthy.

 PRIOR LEGISLATIVE HISTORY : This is a new bill.

 FISCAL IMPLICATION : None to the state.

 EFFECTIVE DATE : One hundred eighty days after it becomes law.