Senate Bill S7600

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

                                  7600

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to establishing minimum requirements for  residential
  breeders of cats and/or dogs

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

  Section 1. The opening paragraph and subdivision 4 of section  400  of
the agriculture and markets law, the opening paragraph as added by chap-
ter  259 of the laws of 2000 and subdivision 4 as amended by chapter 687
of the laws of 2006, are amended and a new subdivision  5  is  added  to
read as follows:
  As used in this article AND ARTICLE TWENTY-SIX-C OF THIS CHAPTER:
  4.  "Pet [Dealer"] DEALER" means any person who engages in the sale or
offering for sale of more than nine animals per year for profit  to  the
public. Such definition shall include breeders who sell or offer to sell
animals;  provided, HOWEVER, that [a breeder who sells or offers to sell
directly to the consumer fewer than twenty-five animals  per  year  that
are  born  and raised on the breeder's residential premises shall not be
considered a pet dealer as a result of selling or offering to sell  such
animals.  Such definition] SUCH TERM shall [further] not include A RESI-
DENTIAL BREEDER OR 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.
  5. "RESIDENTIAL BREEDER" MEANS A BREEDER WHO SELLS OR OFFERS  TO  SELL
DIRECTLY  TO CONSUMERS FEWER THAN THIRTY ANIMALS PER YEAR, THAT ARE BORN
OR RAISED ON THE BREEDER'S RESIDENTIAL PREMISES.  A RESIDENTIAL  BREEDER
SHALL  NOT BE DEEMED TO BE A PET DEALER AS A RESULT OF SELLING OR OFFER-
ING TO SELL SUCH ANIMALS.
  S 2. The agriculture and markets law is amended by adding a new  arti-
cle 26-C to read as follows:
                               ARTICLE 26-C
               MINIMUM REQUIREMENTS FOR RESIDENTIAL BREEDERS
SECTION 420. MINIMUM STANDARDS OF CARE.

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

                                                           LBD14093-01-6

S. 7600                             2

        421. RECORDS OF SALE.
        422. INSPECTIONS OF RESIDENTIAL BREEDERS.
        423. VIOLATIONS.
        424. PREEMPTION OF LOCAL LAWS.
  S 420. MINIMUM  STANDARDS  OF  CARE. 1. EACH RESIDENTIAL BREEDER SHALL
PROVIDE ANIMALS, EXCEPT WHEN THERE ARE INSTRUCTIONS FROM A VETERINARIAN,
LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-FIVE  OF  THE  EDUCATION
LAW,  TO WITHHOLD FOOD FOR MEDICAL REASONS, WITH WHOLESOME AND PALATABLE
FOOD, FREE FROM CONTAMINATION AND OF  NUTRITIONAL  VALUE  SUFFICIENT  TO
MAINTAIN EACH ANIMAL IN GOOD HEALTH.
  2.  WATER  SHALL  BE SUPPLIED BY A RESIDENTIAL BREEDER TO ANIMALS IN A
SANITARY MANNER SUFFICIENT FOR EACH ANIMAL'S NEEDS,  EXCEPT  WHEN  THERE
ARE  INSTRUCTIONS  FROM A VETERINARIAN, LICENSED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-FIVE OF THE EDUCATION LAW, TO WITHHOLD WATER FOR  MEDICAL
REASONS.
  3.  IN  THE EVENT THAT A RESIDENTIAL BREEDER HAS A PREGNANT OR NURSING
DOG ON HIS OR HER PREMISES, HE OR SHE SHALL PROVIDE A WHELPING  AREA  OR
BOX FOR SUCH DOG.
  4.  RESIDENTIAL  BREEDERS  SHALL ENSURE THAT ALL ANIMALS IN THEIR CARE
ARE VACCINATED AS REQUIRED BY  STATE  OR  LOCAL  LAW.  EACH  RESIDENTIAL
BREEDER  SHALL  MAKE  CERTAIN  THAT  VETERINARY CARE APPROPRIATE TO EACH
BREED OF ANIMAL IS PROVIDED WITHOUT UNDUE  DELAY  WHEN  NECESSARY.  EACH
ANIMAL  SHALL  BE  OBSERVED  EACH DAY BY THE RESIDENTIAL BREEDER OR BY A
PERSON WORKING UNDER THE RESIDENTIAL BREEDER'S SUPERVISION.
  5. NO RESIDENTIAL BREEDER SHALL KNOWINGLY SELL ANY ANIMAL THAT  HAS  A
DIAGNOSED  CONGENITAL  CONDITION  OR  CONTAGIOUS  DISEASE THAT ADVERSELY
AFFECTS THE HEALTH OF THE ANIMAL WITHOUT FIRST INFORMING  THE  CONSUMER,
IN WRITING, OF SUCH CONDITION.
  S 421. RECORDS  OF  SALE.  1.  EACH RESIDENTIAL BREEDER SHALL KEEP AND
MAINTAIN RECORDS FOR EACH ANIMAL SOLD. THE  RECORDS  SHALL  INCLUDE  THE
NAME AND ADDRESS OF THE CONSUMER TO WHOM ANY ANIMAL IS SOLD AND THE DATE
OF SALE.
  2. RECORDS OF SALE FOR EACH ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF
TWO YEARS FROM THE DATE OF SALE.
  S 422. INSPECTIONS OF RESIDENTIAL BREEDERS. INSPECTIONS OF RESIDENTIAL
BREEDERS SHALL BE MADE WHENEVER IN THE DISCRETION OF THE COMMISSIONER OR
HIS  OR  HER  AUTHORIZED AGENTS, A COMPLAINT WARRANTS INVESTIGATION. ANY
PERSON CONDUCTING AN INSPECTION OF A RESIDENTIAL BREEDER  OR  RESPONDING
TO  A  COMPLAINT CONCERNING A RESIDENTIAL BREEDER SHALL BE A STATE OFFI-
CIAL, POLICE OFFICER OR PEACE OFFICER SPECIFICALLY TRAINED IN THE PROPER
CARE OF DOGS AND IN THE INVESTIGATION AND IDENTIFICATION OF  CRUELTY  TO
ANIMALS.
  S 423. VIOLATIONS.  IN  ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS
CHAPTER, A RESIDENTIAL BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTI-
CLE SHALL BE GUILTY OF A CIVIL OFFENSE, FOR WHICH A  FINE  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS, NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH
VIOLATION MAY BE IMPOSED.
  S 424. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE  SHALL
APPLY  TO  ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE
MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION  OR
ORDINANCE  REGULATING  OR  LICENSING  BREEDERS.  NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM  ENFORCING
ANY  LOCAL  LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO
BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS.

S. 7600                             3

  S 3. Subdivision 3 of section 752 of  the  general  business  law,  as
amended  by  chapter  687  of  the  laws  of 2006, is amended to read as
follows.
  3.  For  purposes  of [section] SECTIONS seven hundred fifty-three AND
SEVEN HUNDRED FIFTY-THREE-C of this article, 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 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. For purposes of sections
seven hundred fifty-three-a, seven hundred fifty-three-b[, seven hundred
fifty-three-c,] AND  seven  hundred  fifty-three-d  [and  seven  hundred
fifty-three-e]  of  this article, "pet dealer" shall mean any person who
engages in the sale or offering for sale of more than nine  animals  per
year  for  profit  to the public. Such definition shall include breeders
who sell animals; provided , HOWEVER, that a  RESIDENTIAL  breeder  [who
sells  or offers to sell directly to the consumer fewer than twenty-five
animals per year that are born and raised on  the  breeders  residential
premises]  ,  AS  DEFINED IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED OF
THE AGRICULTURE AND MARKETS LAW, shall not be considered a pet dealer as
a result of selling or offering to sell such  animals.  Such  definition
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.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.