Senate Bill S904

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    904
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 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.
   § 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

 S. 904                              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

 S. 904                              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.