Senate Bill S5392A

                                 BILL NUMBER:  S5392

 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.