BILL NUMBER:  S4965

 TITLE OF BILL :  An act to amend the agriculture and markets law, the
general business law and the general municipal law, in relation to the
definition of pet dealer

 PURPOSE OR GENERAL IDEA OF BILL : To protect a greater number of
consumers of dogs and cats by increasing the number of people
considered to be "pet dealers" with regard to state inspections and
already existing consumer protections laws

 SUMMARY OF SPECIFIC PROVISIONS : Section one amends subdivision 4 of
section 400 of the agriculture and markets law by adding that, in
addition to any person who sells or offers for sale more than nine
animals per year for profit to the public, a "pet dealer" shall also
include a person who sells or offers for sale more than nine animals a
year for profit to any broker, wholesale dealer, exhibitor, medical
facility or licensed pet dealer. A "pet dealer" shall also include a
breeder who sells or offers to sell twenty-five or more animals per
year that are born and raised on the breeder's residential premises to
any broker, wholesale dealer, exhibitor, medical facility or licensed
pet dealer in addition to sales or offerings directly to the consumer.

Section two amends subdivision 3 of section 752 of the general
business law - providing consumer protection with regard to the
purchase of dogs and cats - by expanding the definition of "pet
              

dealer" to include those who, not only sell or offer for sale more
than nine animals to the public, but also those who sell or offer for
sale nine or more animals to any broker, wholesale dealer, exhibitor,
medical facility or licensed pet dealer. "Pet dealer" shall also
include a breeder who sells or offers to sell twenty-five or more
animals per year that are born and raised on the breeder's residential
premises to any broker, wholesale dealer, exhibitor, medical facility
or licensed pet dealer, in addition to direct sale to the consumer.

Section three amends subdivision 4 of section 209-cc of the general
municipal law by exempting pet dealers as defined in section 752 of
the general business law from the list of persons who shall report to
the clerk of the city, town, or village their owning, possessing, or
harboring a wild animal or a dangerous dog within this state.

Section eight defines the effective date.

 JUSTIFICATION : The Pet Dealer Consumer Protection and Animal Care
Standards Act provides much-needed oversight to New York's pet
industry. However, ambiguities exist in the current law, diminishing
the Act's original intent. This legislation would close a glaring
loophole in the law that allows breeders to sell dogs and cats to
wholesale dealers, brokers, exhibitors, other pet dealers and medical
facilities without having to be licensed under Article 26-A. This
omission also compromises the intended purpose of the law. As such,
breeders typically operate very large kennels, thereby increasing the
potential for animal mismanagement. Indeed, many of these operations
are repeatedly cited by the United States Department of Agriculture's
Animal and Plant Health Inspection Service (APHIS) for violations of
the Animal Welfare Act (AWA). Larger sellers breed literally thousands
of dogs and cats annually, with the largest breeding over 20,000
animals per year.  Yet, APHIS employs only about 70 inspectors to
oversee every wholesaler and breeder in the entire United States - the
same inspectors responsible for inspecting zoos, marine-mammal
facilities and circuses.  The agency also demonstrates scant ability
to pursue civil or criminal sanctions for failure to comply with the
AWA, leaving consumers with no guarantee that animals purchased at
their local pet store are in good health and bred responsibly.


In addition, APHIS often does not conduct further site inspections
once the license of a repeat offender is revoked. Independent
investigations have found unlicensed breeders back in business almost
immediately following license revocation, virtually free from
reporting, record keeping, health and humane treatment requirements.
This leaves dogs and cats bred in such facilities susceptible to
improper breeding practices and cruelty, greatly increasing the risk
of chronic respiratory problems, hip dysplasia, crooked bones,
blindness, rage disease and other defects. No animal deserves to be
born and raised under such poor conditions. Additionally, because such
dealers are not licensed at the state level, state-licensed pet stores
must assume liability for these sick animals when recourse is sought
by customers under New York's pet "lemon law." This legislation will
also require more substantial state oversight of pet wholesalers and
brokers who transport and sell animals to pet shops. Of those
businesses licensed by APHIS, almost two-thirds are wholesalers, many
of which purchase animals from large breeders and turn them over for
profit by selling directly to retail stores or medical facilities.
Such businesses that enjoy little federal oversight despite being
licensed entities, further jeopardize public and animal health and
greatly compromise the consumer's right to a healthy, happy companion
animal. State supervision of the sale of animals by pet dealers is
within the public interest. By expanding the definition of "pet
dealer" to include a wider array of people or entities that sell or
breed dogs and cats, more consumers will be protected by already
existing laws.

State inspection to guarantee proper treatment and living conditions
of dogs and cats not only ensures that such animals are treated
humanely, but also ensures that consumers are purchasing healthy
companion animals. Currently, the animal "lemon law", section 752 of
the general business law, is designed to protect only the public with
regard to:  returning an animal or receiving a refund when a purchased
dog or cat is unfit; guaranteeing an examination of the animal by a
licensed veterinarian; information about the animal that must be
delivered by the seller in writing; information regarding pedigree of
an animal; etc.  This legislation extends such consumer protection to
brokers, wholesale dealers, exhibitors, medical facilities and
licensed pet dealers.

 LEGISLATIVE HISTORY : A.536-A, 2008 and 2007 passed assembly.

 FISCAL IMPLICATIONS : Cost of inspecting an increase number of sites.

 EFFECTIVE DATE : April 1, 2011