S T A T E O F N E W Y O R K
________________________________________________________________________
8394
I N A S S E M B L Y
January 13, 2014
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general business
law, in relation to local laws governing pet dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 407 of the agriculture and markets law, as amended
by a chapter of the laws of 2013 amending the agriculture and markets
law and the general business law relating to the preemption of local
laws, as proposed in legislative bills numbers S.3753-A and A.740-A, is
amended to read as follows:
S 407. Construction with other laws. Nothing in this article shall be
construed to (a) limit or restrict agents or officers of societies for
the prevention of cruelty to animals or the police from enforcing other
provisions of article twenty-six of this chapter or any other law relat-
ing to the humane treatment of, or cruelty to, animals, (b) limit or
restrict any municipality from enacting or enforcing any authorized
local law, rule, regulation or ordinance of general application to busi-
nesses governing public health, safety or the rights of consumers, or
(c) limit or restrict any municipality from enacting [any] OR ENFORCING
A local law, rule, regulation or ordinance governing pet dealers, AS
SUCH TERM IS DEFINED IN THIS ARTICLE, including A LAW, RULE, REGULATION
OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF ANIMALS ACQUIRED OR MAIN-
TAINED BY PET DEALERS, the source of animals SOLD OR offered for sale by
pet dealers, [whether spaying or neutering of such animals is required
before sale, and the health or safety of animals maintained by pet deal-
ers] AND THE SPAY OR NEUTER OF SUCH ANIMALS; provided, however, that
[no] ANY such local law, rule, regulation or ordinance shall be NO less
stringent than the applicable provisions of this article [or essential-
ly] AND MAY NOT result in [the] ESSENTIALLY banning [of] all sales of
dogs or cats raised and maintained in a healthy and safe manner [and
provided, further, that where a]. WHERE ANY penalty may be authorized
for the violation of such a local law, rule, regulation or ordinance,
the authorized penalty in such local law, rule, regulation or ordinance
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02345-05-4
A. 8394 2
may not exceed a civil penalty of up to five hundred dollars. Where a
municipality adopts such a local law, rule, regulation or ordinance that
is more stringent than the applicable provisions of this article, such
municipality shall have sole responsibility for enforcement of such
[specific] law, rule, regulation or ordinance that is more stringent
than the applicable provisions of this article.
S 2. Section 753-d of the general business law, as amended by a chap-
ter of the laws of 2013 amending the agriculture and markets law and the
general business law relating to the preemption of local laws, as
proposed in legislative bills numbers S.3753-A and A.740-A, is amended
to read as follows:
S 753-d. Construction with other laws. Nothing in this article shall
be construed to (a) limit or restrict agents or officers of societies
for the prevention of cruelty to animals or the police from enforcing
articles twenty-six and twenty-six-A of the agriculture and markets law
or any other law relating to the humane treatment of, or cruelty to,
animals, (b) limit or restrict any municipality from enacting or enforc-
ing any authorized local law, rule, regulation or ordinance of general
application to businesses governing public health, safety or the rights
of consumers, or (c) limit or restrict any municipality from enacting
[any] OR ENFORCING A local law, rule, regulation or ordinance governing
pet dealers, AS SUCH TERM IS DEFINED IN THIS ARTICLE, including A LAW,
RULE, REGULATION OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF ANIMALS
ACQUIRED OR MAINTAINED BY PET DEALERS, the source of animals SOLD OR
offered for sale by pet dealers, [whether spaying or neutering of such
animals is required before sale, and the health or safety of animals
maintained by pet dealers] AND THE SPAY OR NEUTER OF SUCH ANIMALS;
provided, however, that [no] ANY such local law, rule, regulation or
ordinance shall be NO less stringent than the applicable provisions of
this article [or essentially] AND MAY NOT result in [the] ESSENTIALLY
banning [of] all sales of dogs or cats raised and maintained in a heal-
thy and safe manner [and provided, further, that where a]. WHERE ANY
penalty may be authorized for the violation of such a local law, rule,
regulation or ordinance, the authorized penalty in such local law, rule,
regulation or ordinance may not exceed a civil penalty of up to five
hundred dollars. Where a municipality adopts such a local law, rule,
regulation or ordinance that is more stringent than the applicable
provisions of this article, such municipality shall have sole responsi-
bility for enforcement of such [specific] law, rule, regulation or ordi-
nance that is more stringent than the applicable provisions of this
article.
S 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2013 amending the agriculture and
markets law and the general business law relating to the preemption of
local laws, as proposed in legislative bills numbers S.3753-A and
A.740-A, takes effect.