NY State Senate Bill 2015-S4533

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 29, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to consumer protection
Jun 25, 2015	committed to rules
Jun 10, 2015	amended on third reading 4533b
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1034
Apr 15, 2015	print number 4533a
Apr 15, 2015	amend and recommit to consumer protection
Mar 26, 2015	referred to consumer protection

Votes

- May 28, 2015 - Consumer Protection Committee Vote
  S4533
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: May 28, 2015
      
      aye (10)
      
      Amedore
      
      Boyle
      
      Comrie
      
      Latimer
      
      Marchione
      
      Peralta
      
      Robach
      
      Savino
      
      Serrano
      
      Venditto
      
      aye wr (1)
      
      Funke

Bill Amendments

Original

B (Active)

2015-S4533 - Details

Law Section:: General Business Law
Laws Affected:: Add §391-t, Gen Bus L

2015-S4533 - Summary

Requires pet dealers to provide recommendations on the care of small animals.

2015-S4533 - Sponsor Memo

                                BILL NUMBER:S4533

TITLE OF BILL:  An act to amend the general business law, in relation
to requiring pet dealers to provide instructions on the care of small
animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided
with written, detailed instructions on the care of small animals at
the time of their purchase from a dealer.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391 of the general business law
by adding a new section 391-t. Subdivision 1 (a) defines "pet dealer"
as any person who, in the ordinary course of business, engages in the
for-profit sale of more than nine animals per year. This includes
breeders of animals who sell animals directly to a consumer, but does
not include duly incorporated humane societies dedicated to the care
of unwanted animals. Subdivision 1 (b) defines "small animal" as any
small mammal, excluding dogs or cats, including but not limited to
hamsters, chinchillas, guinea pigs, etc.

Subdivision 2 provides that every pet dealer shall deliver written
instructions on the care of a small animal to a purchaser. The

instructions shall be obtained from a licensed veterinarian or a state
or national veterinarian medical society or the American Veterinarian
Medical Association, and shall include information on housing,
sanitation, feeding and watering, handling and veterinary care.

Subdivision 3 provides that the written instructions shall be signed
and dated by the purchaser, acknowledging receipt, and that the dealer
shall retain a copy for a period of one year.

Section 2 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

When purchasing a small animal as a pet many new owners are not aware
of the full extent of associated responsibilities that go with taking
care of such animals. Small animals have varied nutritional and
physical needs, which may be unfamiliar to a new owner. For example,
both guinea pigs and rabbits have sensitive gastrointestinal tracts
that require special attention be paid to feeding and nutrition, while
hamsters are prone to 'wet tail' disease at a young age. To ensure
that recently purchased small animals receive the proper nutrition and
healthcare required, new pet owners shall be provided detailed
instructions obtained from a veterinarian or veterinarian
organization.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S4533 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4533

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS SECTION:
  (A)  A  "PET DEALER" SHALL MEAN ANY PERSON WHO, IN THE ORDINARY COURSE
OF BUSINESS, ENGAGES IN THE SALE OR OFFERING FOR SALE OF MORE THAN  NINE
ANIMALS  PER  YEAR  FOR  PROFIT  TO  THE  PUBLIC.  SUCH DEFINITION SHALL
INCLUDE, BUT NOT BE LIMITED TO, BREEDERS OF ANIMALS WHO  SELL  OR  OFFER
FOR  SALE  ANIMALS  DIRECTLY TO A CONSUMER BUT IT SHALL NOT INCLUDE DULY
INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED  ANIMALS
WHICH  MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
SUCH ADOPTION IS CHARGED.
  (B) A "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL,  EXCLUDING  DOGS  OR
CATS,  INCLUDING BUT NOT LIMITED TO, HAMSTERS, CHINCHILLAS, GUINEA PIGS,
GERBILS, RABBITS, MICE, RATS AND FERRETS.
  2. EVERY PET DEALER SHALL DELIVER TO THE PURCHASER OF A SMALL  ANIMAL,
AT  THE  TIME  OF  SALE,  WRITTEN INSTRUCTIONS ON THE CARE OF SUCH SMALL
ANIMAL, OBTAINED FROM A LICENSED VETERINARIAN OR  A  STATE  OR  NATIONAL
VETERINARIAN  MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL ASSOCI-
ATION, INCLUDING INFORMATION ON HOUSING, SANITATION, FEEDING AND  WATER-
ING, HANDLING, AND VETERINARY CARE.
  3.  THE  WRITTEN INSTRUCTIONS ON CARE SHALL BE SIGNED AND DATED BY THE
PURCHASER OF THE SMALL ANIMAL, ACKNOWLEDGING RECEIPT OF A  COPY  OF  THE
INSTRUCTIONS.  THE  PET  DEALER  SHALL  RETAIN  A  COPY  OF  THE  SIGNED
INSTRUCTIONS FOR A PERIOD OF ONE YEAR.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD08958-01-5

2015-S4533A - Details

Law Section:: General Business Law
Laws Affected:: Add §391-t, Gen Bus L

2015-S4533A - Summary

Requires pet dealers to provide recommendations on the care of small animals.

2015-S4533A - Sponsor Memo

                                BILL NUMBER:S4533A

TITLE OF BILL:

An act to amend the general business law, in relation to requiring pet
dealers to provide instructions on the care of small animals

PURPOSE:  OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided
with written, detailed instructions on the care of small animals at
the time of their purchase from a dealer.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391 of the general business law
by adding a new section 391-t. Subdivision 1 (a) defines "pet dealer"
as any person who, in the ordinary course of business, engages in the
for-profit sale of more than nine animals per year. This includes
breeders of animals who sell animals directly to a consumer, but does
not include duly incorporated humane societies dedicated to the care
of unwanted animals. Subdivision 1 (b) defines "small animal" as any
small mammal, excluding dogs or cats, including but not limited to
hamsters, chinchillas, guinea pigs, gerbils, rabbits, mice, rats,
ferrets, as well as any small amphibians or reptiles, including but
not limited to frogs, snakes and lizards.

Subdivision 2 provides that every pet dealer shall deliver written
instructions on the care of a small animal to a purchaser. The
instructions shall be obtained from a licensed veterinarian or a state
or national veterinarian medical society or the American Veterinarian
Medical Association, and shall include information on housing,
sanitation, feeding and watering, handling and veterinary care.

Subdivision 3 provides that the written instructions shall be signed
and dated by the purchaser, acknowledging receipt, and that the dealer
shall retain a copy for a period of one year.

Section 2 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

When purchasing a small animal as a pet many new owners are not aware
of the full extent of associated responsibilities that go with taking
care of such animals. Small animals have varied nutritional and
physical needs, which may be unfamiliar to a new owner. For example,
both guinea pigs and rabbits have sensitive gastrointestinal tracts
that require special attention be paid to feeding and nutrition, while
hamsters are prone to 'wet tail' disease at a young age. To ensure
that recently purchased small animals receive the proper nutrition and
healthcare required, new pet owners shall be provided detailed
instructions obtained from a veterinarian or veterinarian
organization.

PRIOR LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S4533A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4533--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS SECTION:
  (A)  A  "PET DEALER" SHALL MEAN ANY PERSON WHO, IN THE ORDINARY COURSE
OF BUSINESS, ENGAGES IN THE SALE OR OFFERING FOR SALE OF MORE THAN  NINE
ANIMALS  PER  YEAR  FOR  PROFIT  TO  THE  PUBLIC.  SUCH DEFINITION SHALL
INCLUDE, BUT NOT BE LIMITED TO, BREEDERS OF ANIMALS WHO  SELL  OR  OFFER
FOR  SALE  ANIMALS  DIRECTLY TO A CONSUMER BUT IT SHALL NOT INCLUDE DULY
INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED  ANIMALS
WHICH  MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
SUCH ADOPTION IS CHARGED.
  (B) A "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL,  EXCLUDING  DOGS  OR
CATS,  INCLUDING BUT NOT LIMITED TO, HAMSTERS, CHINCHILLAS, GUINEA PIGS,
GERBILS, RABBITS, MICE,  RATS,  FERRETS  AND  ANY  SMALL  AMPHIBIANS  OR
REPTILES, INCLUDING BUT NOT LIMITED TO FROGS, SNAKES AND LIZARDS.
  2.  EVERY PET DEALER SHALL DELIVER TO THE PURCHASER OF A SMALL ANIMAL,
AT THE TIME OF SALE, WRITTEN INSTRUCTIONS ON  THE  CARE  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  A  LICENSED VETERINARIAN OR A STATE OR NATIONAL
VETERINARIAN MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL  ASSOCI-
ATION,  INCLUDING INFORMATION ON HOUSING, SANITATION, FEEDING AND WATER-
ING, HANDLING, AND VETERINARY CARE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-03-5

S. 4533--A                          2

  3. THE WRITTEN INSTRUCTIONS ON CARE SHALL BE SIGNED AND DATED  BY  THE
PURCHASER  OF  THE  SMALL ANIMAL, ACKNOWLEDGING RECEIPT OF A COPY OF THE
INSTRUCTIONS.  THE  PET  DEALER  SHALL  RETAIN  A  COPY  OF  THE  SIGNED
INSTRUCTIONS FOR A PERIOD OF ONE YEAR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2015-S4533B (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §391-t, Gen Bus L

2015-S4533B (ACTIVE) - Summary

Requires pet dealers to provide recommendations on the care of small animals.

2015-S4533B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4533B

TITLE OF BILL:

An act to amend the general business law, in relation to requiring pet
dealers to provide instructions on the care of small animals

PURPOSE:  OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided
with written, detailed instructions on the care of small animals at
the time of their purchase from a dealer.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391 of the general business law
by adding a new section 391-t. Subdivision 1 (a) defines "small
animal" as any small mammal, excluding dogs or cats, including but not
limited to hamsters, chinchillas, guinea pigs, etc. (b) defines "pet
dealer" as set forth in section 400 of the agriculture and markets law
as well as any retailer that sells small animals to the public.

Subdivision 2 provides that every pet dealer shall deliver or provide
digital access to general written recommendations for the generally
accepted care of a small animal to a purchaser. The instructions shall
be obtained from sources including but not limited to a state or

national veterinarian medical society, the American veterinarian
medical association, the United States Association of Reptile Keepers,
or the pet industry joint advisory council, including information on
housing, sanitation, feeding and watering, handling and veterinary
care. The bill also states that the pet dealer or retailer that
distributes such care instructions shall not be liable for any damages
caused by any erroneous information in that material unless a
reasonable person exercising ordinary care should have known of the
error causing the damage. This section shall not apply to small
animals expressly sold as feeder animals. The written instructions
provided to the public shall be filled with the department of
agriculture and markets annually.

Section 2 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

When purchasing a small animal as a pet many new owners are not aware
of the full extent of associated responsibilities that go with taking
care of such animals. Small animals have varied nutritional and
physical needs, which may be unfamiliar to a new owner. For example,
both guinea pigs and rabbits have sensitive gastrointestinal tracts
that require special attention be paid to feeding and nutrition, while
hamsters are prone to 'wet tail' disease at a young age. To ensure
that recently purchased small animals receive the proper nutrition and
healthcare required, new pet owners shall be provided detailed
instructions obtained from a veterinarian or veterinarian
organization.


PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S4533B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4533--B
    Cal. No. 1034

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to amend the general business law, in relation to requiring pet
  dealers to provide instructions on the care of small animals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S  391-T.  SALE  OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1. AS USED IN
THIS SECTION, A "SMALL ANIMAL" SHALL MEAN ANY  SMALL  MAMMAL,  EXCLUDING
DOGS  OR  CATS,  INCLUDING  BUT  NOT  LIMITED TO, HAMSTERS, CHINCHILLAS,
GUINEA PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL  AMPHI-
BIANS  OR  REPTILES,  INCLUDING  BUT  NOT  LIMITED  TO FROGS, SNAKES AND
LIZARDS.
  2. EVERY PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF  THE  AGRI-
CULTURE  AND  MARKETS  LAW,  AS  WELL  AS  ANY RETAILER THAT SELLS SMALL
ANIMALS TO THE PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL  ACCESS  TO  THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS  FOR  THE  GENERALLY ACCEPTED CARE OF THE CLASS OF SUCH SMALL
ANIMAL, OBTAINED FROM SOURCES INCLUDING BUT NOT LIMITED TO  A  STATE  OR
NATIONAL  VETERINARIAN  MEDICAL SOCIETY, THE AMERICAN VETERINARY MEDICAL
ASSOCIATION, THE UNITED STATES ASSOCIATION OF REPTILE  KEEPERS,  OR  THE
PET  INDUSTRY  JOINT ADVISORY COUNCIL, INCLUDING INFORMATION ON HOUSING,
EQUIPMENT, SANITATION, ENVIRONMENT, FEEDING AND WATERING, HANDLING,  AND
VETERINARY  CARE. THIS WRITTEN INFORMATION SHALL BE IN A FORM DETERMINED
BY THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD08958-05-5

S. 4533--B                          2

  3. IF A PET DEALER OR RETAILER THAT SELLS  SMALL  ANIMALS  DISTRIBUTES
MATERIAL  PREPARED BY A THIRD PARTY, THE PET DEALER OR RETAILER OF SMALL
ANIMALS SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY ERRONEOUS INFORMA-
TION IN THAT MATERIAL UNLESS A  REASONABLE  PERSON  EXERCISING  ORDINARY
CARE SHOULD HAVE KNOWN OF THE ERROR CAUSING THE DAMAGE.
  4.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  5. THE PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO  THE  PUBLIC
SHALL  FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S4533

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Votes

May 28, 2015 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 28, 2015

Bill Amendments

2015-S4533 - Details

2015-S4533 - Summary

2015-S4533 - Sponsor Memo

2015-S4533 - Bill Text download pdf

2015-S4533A - Details

2015-S4533A - Summary

2015-S4533A - Sponsor Memo

2015-S4533A - Bill Text download pdf

2015-S4533B (ACTIVE) - Details

2015-S4533B (ACTIVE) - Summary

2015-S4533B (ACTIVE) - Sponsor Memo

2015-S4533B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Tony Avella

Archive: Last Bill Status - Stricken

Actions

Votes

Bill Amendments

2015-S4533 - Details

2015-S4533 - Summary

2015-S4533 - Sponsor Memo

2015-S4533 - Bill Text download pdf

2015-S4533A - Details

2015-S4533A - Summary

2015-S4533A - Sponsor Memo

2015-S4533A - Bill Text download pdf

2015-S4533B (ACTIVE) - Details

2015-S4533B (ACTIVE) - Summary

2015-S4533B (ACTIVE) - Sponsor Memo

2015-S4533B (ACTIVE) - Bill Text download pdf

Comments