S T A T E O F N E W Y O R K
________________________________________________________________________
8142
2017-2018 Regular Sessions
I N A S S E M B L Y
May 31, 2017
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee 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.
§ 2. The agriculture and markets law is amended by adding a new arti-
cle 26-C to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03832-01-7
A. 8142 2
ARTICLE 26-C
MINIMUM REQUIREMENTS FOR RESIDENTIAL BREEDERS
SECTION 420. MINIMUM STANDARDS OF CARE.
421. RECORDS OF SALE.
422. INSPECTIONS OF RESIDENTIAL BREEDERS.
423. VIOLATIONS.
424. PREEMPTION OF LOCAL LAWS.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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
A. 8142 3
ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO
BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS.
§ 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.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.