S T A T E O F N E W Y O R K
S. 5194 A. 7346
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
May 14, 2013
IN SENATE -- Introduced by Sen. SERRANO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Agriculture
IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, MAISEL, GABRYSZAK,
TITONE, ZEBROWSKI, NOJAY, DIPIETRO -- Multi-Sponsored by -- M. of A.
ARROYO, BRENNAN, COOK, GLICK, JOHNS, McDONOUGH, MOSLEY, MOYA, THIELE
-- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to
restricting the breeding of dogs and setting standards for the care of
breeding dogs and their puppies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (g) and (h) of subdivision 1 of section 401 of
the agriculture and markets law, paragraph (g) as added by chapter 259
of the laws of 2000 and paragraph (h) as added by chapter 110 of the
laws of 2012, are amended to read as follows:
(g) [In the event that a pet dealer has a pregnant or nursing dog on
his or her premises, the pet dealer shall provide a whelping box for
(h)] Pet dealers shall designate and provide an isolation area for
animals that exhibit symptoms of contagious disease or illness. The
location of such designated area must be such as to prevent or reduce
the spread of disease to healthy animals.
S 2. Section 401 of the agriculture and markets law is amended by
adding a new subdivision 8 to read as follows:
8. BREEDING, BIRTH AND THE CARE OF PUPPIES. (A) FEMALE DOGS SHALL NOT
BE BRED UNLESS THEY ARE AT LEAST EIGHTEEN MONTHS OLD AND LESS THAN SIX
YEARS OLD. NO FEMALE DOG OVER THE AGE OF SIX YEARS OLD SHALL BE BRED.
(B) (1) A FEMALE DOG SHALL NOT BE BRED MORE THAN ONCE A YEAR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5194 2 A. 7346
(2) A FEMALE DOG SHALL NOT BE BRED MORE THAN FOUR TIMES. AFTER A
FEMALE DOG HAS WHELPED FOUR LITTERS, THE DOG SHALL BE RETIRED FROM
BREEDING REGARDLESS OF HER AGE.
(3) A DOG WHO HAS BEEN RETIRED FROM BREEDING MAY NOT BE SOLD,
RELEASED, GIVEN, BARTERED OR OTHERWISE TRANSFERRED TO ANY OTHER PET
DEALER FOR THE PURPOSE OF FURTHER BREEDING. ALL VETERINARY AND TRANSFER
DOCUMENTATION PERTAINING TO THE DOG SHALL REFLECT THAT THE DOG IS
RETIRED FROM BREEDING.
(C) IN THE EVENT THAT A PET DEALER HAS A PREGNANT OR NURSING DOG ON
HIS OR HER PREMISES, THE PET DEALER SHALL PROVIDE A WHELPING OR NESTING
BOX FOR SUCH DOG. A PREGNANT DOG SHALL BE SEPARATED FROM OTHER ANIMALS
IN PREPARATION FOR WHELPING NOT LESS THAN THREE DAYS BEFORE THE DOG'S
ESTIMATED DATE OF WHELPING. A NURSING DOG AND HER PUPPIES SHALL BE SEPA-
RATED FROM OTHER ANIMALS UNTIL THE PUPPIES ARE ALL WEANED; PROVIDED THAT
A PET DEALER MAY KEEP TWO OR MORE NURSING DOGS AND THEIR RESPECTIVE
PUPPIES TOGETHER IN A LOCATION SEPARATE FROM NON-NURSING DOGS.
(D) (1) NO PUPPY SHALL BE SEPARATED FROM ITS MOTHER AND LITTERMATES
UNTIL IT IS AT LEAST EIGHT WEEKS OLD. ALL PUPPIES AND THEIR MOTHER MUST
REMAIN ON THE PET DEALER'S PREMISES UNTIL THE PUPPIES ARE AT LEAST EIGHT
(2) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT PROHIBIT THE TEMPORARY
SEPARATION OF PUPPIES FROM THE MOTHER DOG FOR THE PURPOSE OF SEEKING
NECESSARY CARE FROM A VETERINARIAN.
S 3. This act shall take effect immediately.