S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7522
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the general business law and the agriculture and markets
   law, in relation to retail pet shops
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  752  of  the  general business law is amended by
 adding a new subdivision 8 to read as follows:
   8. "RETAIL PET SHOP" MEANS A FOR  PROFIT  ESTABLISHMENT  OPEN  TO  THE
 PUBLIC  THAT  SELLS  OR  OFFERS FOR SALE ANIMALS TO BE KEPT AS HOUSEHOLD
 PETS, PET FOOD OR SUPPLIES.
   § 2. The general business law is amended by adding a new section 753-f
 to read as follows:
   § 753-F. RETAIL PET SHOP ANIMAL SOURCING. 1. RETAIL  PET  SHOPS  SHALL
 ONLY  SOURCE  ANIMALS FOR SALE FROM UNITED STATES DEPARTMENT OF AGRICUL-
 TURE LICENSED CLASS A BREEDERS AND CLASS B BROKERS. ANIMALS INTENDED FOR
 SALE SHALL NOT BE SOURCED FROM PRIVATE  OR  EXEMPT  BREEDERS  THROUGH  A
 UNITED  STATES  DEPARTMENT OF AGRICULTURE LICENSED CLASS B BROKER, HOBBY
 BREEDER, OR ANY OTHER UNREGULATED SOURCE. NO PET DEALER SHALL OBTAIN  OR
 BE IN POSSESSION OF ANIMALS INTENDED FOR SALE ORIGINATING FROM A BREEDER
 OR A BROKER THAT HAS RECEIVED:
   (A)  A  DIRECT OR CRITICAL VIOLATION FROM THE UNITED STATES DEPARTMENT
 OF AGRICULTURE WITHIN THE PAST TWO YEARS;
   (B) "NO ACCESS" VIOLATIONS  ON  THE  TWO  MOST  RECENT  UNITED  STATES
 DEPARTMENT OF AGRICULTURE INSPECTION REPORTS;
   (C)  THREE  OR MORE INDIRECT OR NONCRITICAL VIOLATIONS, OTHER THAN "NO
 ACCESS" VIOLATIONS  ON  ANY  UNITED  STATES  DEPARTMENT  OF  AGRICULTURE
 INSPECTION REPORTS WITHIN THE PAST TWO YEARS;
   (D)  ONE OR MORE REOCCURRING INDIRECT OR NONCRITICAL VIOLATIONS ON ANY
 UNITED STATES DEPARTMENT OF AGRICULTURE  INSPECTION  REPORT  WITHIN  THE
 PAST TWO YEARS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11355-01-1

 A. 7522                             2
 
   (E)  ANY  VIOLATION OF SECTION 2.40 OF THE UNITED STATES DEPARTMENT OF
 AGRICULTURE'S ANIMAL WELFARE REGULATIONS ON ANY ANIMAL AND PLANT  HEALTH
 INSPECTION  SERVICE  INSPECTION REPORT WITHIN THE PAST TWO YEARS, EXCEPT
 VIOLATIONS FOR UNUSED AND USED EXPIRED MEDICATIONS HAVING AN  EXPIRATION
 DATE NO MORE THAN FIFTY-NINE DAYS FROM THE INSPECTION DATE; AND
   (F)  ANY VIOLATIONS ON A STATE INSPECTION REPORT RELATED TO THE HEALTH
 AND WELFARE OF THE ANIMAL FROM THE BREEDER'S OR BROKER'S STATE OF ORIGIN
 WITHIN THE PAST TWO YEARS, IF APPLICABLE.
   2. ANY RETAIL PET SHOP OFFERING ANIMALS FOR SALE SHALL,  UPON  REQUEST
 OF  THE  PROSPECTIVE  CONSUMER, MAKE AVAILABLE A COPY OF THE MOST RECENT
 INSPECTION REPORTS CONDUCTED BY THE UNITED STATES DEPARTMENT OF AGRICUL-
 TURE AND THE ANIMAL'S STATE OF  ORIGIN  OF  THE  BREEDER  AND/OR  BROKER
 AND/OR  THE  TRANSPORTER  FROM WHICH THE SUBJECT ANIMAL CAME. RETAIL PET
 SHOPS SHALL POST THE STATEMENT "USDA INSPECTION  REPORTS  ARE  AVAILABLE
 UPON REQUEST" ON THE BOTTOM OF THE POSTING REQUIRED PURSUANT TO SUBDIVI-
 SION  FOUR  OF SECTION SEVEN HUNDRED FIFTY-THREE-B OF THIS ARTICLE, SUCH
 STATEMENT SHALL BE SUBJECT TO THE SAME STANDARDS OF READABILITY.
   3. ANY RETAIL PET SHOP OFFERING ANIMALS FOR  SALE  SHALL  RETAIN  EACH
 INVOICE  IT RECEIVES FROM THE BROKER OR BREEDER FROM WHOM IT OBTAINS ITS
 ANIMALS FOR A PERIOD OF AT LEAST TWO YEARS. A COPY OF THE  INVOICE  MUST
 BE  PROVIDED  TO  THE  DEPARTMENT  OF  AGRICULTURE AND MARKETS UPON SUCH
 DEPARTMENT'S REQUEST.
   4. RETAIL PET SHOPS SHALL PLACE ALL ANIMALS PURCHASED FROM  A  BREEDER
 OR  BROKER  IN ISOLATION UPON THEIR ARRIVAL AT THE RETAIL PET SHOP FOR A
 MINIMUM OF SIX DAYS. AFTER THE SIX-DAY ISOLATION IS COMPLETE, ALL  CAGES
 USED  FOR  ISOLATION  SHALL BE CLEANED AND STERILIZED.  ANIMALS SHALL BE
 EXAMINED BY A NEW YORK STATE LICENSED VETERINARIAN WITHIN FOUR  DAYS  OF
 COMMENCING  ISOLATION,  DURING  WHICH  ALL  TESTS  APPROPRIATE  FOR  THE
 ANIMAL'S AGE AND BREED ARE TO BE CONDUCTED. UPON COMPLETING THE EXAMINA-
 TION, A REPORT, SIGNED BY THE  VETERINARIAN,  SHALL  BE  ISSUED  TO  THE
 RETAIL  PET  SHOP  DETAILING  THE CONDITION OF THE ANIMAL ON THE DATE OF
 EXAMINATION, INCLUDING ANY MEDICAL OR PHYSICAL CONDITIONS PRESENT IN THE
 ANIMAL, ILLNESSES THE ANIMAL HAD OR HAS, DIAGNOSES FOR  THE  ANIMAL,  AS
 WELL  AS  VETERINARY TREATMENTS, VACCINES AND/OR MEDICATIONS PROVIDED TO
 THE ANIMAL. AT THE TIME OF INSPECTION, THE VETERINARIAN MUST CERTIFY, IN
 WRITING, IF THE EXAMINED ANIMAL IS FIT FOR SALE IN THE  STATE.    RETAIL
 PET  SHOPS  SHALL  MAINTAIN ALL VETERINARIAN REPORTS FOR A PERIOD OF TWO
 YEARS. THESE REPORTS SHALL BE  PROVIDED  TO  THE  DIVISION  OF  CONSUMER
 PROTECTION  DURING  INSPECTIONS AND TO PROSPECTIVE PURCHASERS AS PART OF
 THE ANIMAL'S MEDICAL HISTORY. IN THE EVENT THAT AN ANIMAL TESTS POSITIVE
 FOR A COMMUNICABLE DISEASE, THE ANIMAL MUST RECEIVE TREATMENT  FROM  THE
 VETERINARIAN  AND  REMAIN  IN  ISOLATION UNTIL APPROPRIATE TESTING COMES
 BACK NEGATIVE AND THE ANIMAL IS FOUND TO BE HEALTHY BY THE VETERINARIAN.
   5. RETAIL PET SHOPS SHALL MAINTAIN AN AFFIDAVIT EXECUTED BY THE  INDI-
 VIDUAL  WHO HOLDS THE NEW YORK STATE PET DEALER LICENSE, OR AT LEAST ONE
 PARTNER IN THE CASE OF  A  LIMITED  LIABILITY  PARTNERSHIP  HOLDING  THE
 LICENSE,  OR  THE  PRESIDENT OR EXECUTIVE DIRECTOR IN THE CASE OF CORPO-
 RATIONS AND/OR LIMITED LIABILITY CORPORATIONS HOLDING THE LICENSE.  SUCH
 AFFIDAVIT,  WHICH  SHALL BE UPDATED BY JANUARY THIRTY-FIRST OF EACH YEAR
 AND PROVIDED TO THE DIVISION OF CONSUMER PROTECTION AT EACH  INSPECTION,
 SHALL CONTAIN THE FOLLOWING INFORMATION:
   (A)  A  LIST CONTAINING THE NAME, ADDRESS AND UNITED STATES DEPARTMENT
 OF AGRICULTURE LICENSE NUMBER OF EVERY BREEDER AND BROKER FROM WHICH THE
 RETAIL PET SHOP SOURCED ANIMALS IN THE PRECEDING CALENDAR YEAR;
   (B) THE TOTAL NUMBER OF ANIMALS OBTAINED FROM EACH SOURCE  DURING  THE
 PRECEDING CALENDAR YEAR;

 A. 7522                             3

   (C)  THE  INDIVIDUAL IDENTIFYING TAG, TATTOO OR COLLAR NUMBER FOR EACH
 ANIMAL OBTAINED FROM EACH SOURCE DURING THE PRECEDING CALENDAR YEAR; AND
   (D) A CERTIFICATION THAT THE RETAIL PET SHOP RECEIVED A HEALTH CERTIF-
 ICATE  FROM  THE  BREEDER  AND BROKER, IF APPLICABLE, FOR EACH ANIMAL IT
 OBTAINED DURING THE PRECEDING CALENDAR  YEAR,  ISSUED  BY  THE  ANIMAL'S
 STATE OF ORIGIN AND SIGNED BY A LICENSED VETERINARIAN WITHIN TEN DAYS OF
 THE ANIMAL BEING PROVIDED TO THE PET DEALER, WHICH SHALL BE COMPLETED IN
 ITS  ENTIRETY  AND  CONTAIN  ALL  APPLICABLE  ANIMAL HEALTH INFORMATION,
 INCLUDING, BUT NOT LIMITED TO, DETAILS PERTAINING TO:
   (I) RABIES VACCINATION DATE, TAG NUMBER AND SERIAL NUMBER;
   (II) ANY TESTS, VACCINATIONS OR TREATMENT  WITH  CORRESPONDING  DATES;
 AND
   (III) COMPLETE TRANSPORTER INFORMATION.
   6.  RETAIL  PET  SHOPS  SHALL  NOT DO BUSINESS WITH ANY PERSON WHO WAS
 PREVIOUSLY LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AS  A
 BREEDER OR BROKER BUT HAD SUCH LICENSE REVOKED OR WHO VOLUNTARILY RELIN-
 QUISHED SAME.
   7.  RETAIL  PET SHOPS SHALL NOT OBTAIN ANIMALS FROM ANY INDIVIDUAL WHO
 IS CONVICTED IN NEW YORK STATE OF ANY CRIME INVOLVING ANIMAL ABUSE.
   8. RETAIL PET SHOPS SHALL NOT  OBTAIN  OR  BE  IN  POSSESSION  OF  ANY
 ANIMALS  INTENDED  FOR  RETAIL  SALE  THAT ARE OBTAINED FROM SOURCES NOT
 AUTHORIZED PURSUANT TO THIS ARTICLE.
   § 3. Paragraphs (b) and (c) of subdivision 4 of  section  400  of  the
 agriculture  and  markets  law,  as  added by chapter 168 of the laws of
 2017, are amended and a new paragraph (d) is added to read as follows:
   (b) Any municipal pound or shelter dedicated to the care  of  unwanted
 animals which makes such animals available for adoption whether or not a
 fee for such adoption is charged, established and maintained pursuant to
 subdivision one of section one hundred fourteen of this chapter; [and]
   (c)  Any  duly  incorporated  society for the prevention of cruelty to
 animals, duly incorporated  humane  society,  duly  incorporated  animal
 protective  association  or  other  duly incorporated animal adoption or
 animal rescue organization dedicated to the  care  of  unwanted  animals
 which makes such animals available for adoption whether or not a fee for
 such adoption is charged that is exempt from taxes pursuant to paragraph
 (3)  of  subsection  (c)  of section 501 of the federal Internal Revenue
 Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
 federal  Internal  Revenue  Code,  as from time to time amended, that is
 registered with the department pursuant to section four hundred eight of
 this article[.]; AND
   (D) ANY RETAIL PET SHOP AS SUCH TERM IS DEFINED IN  SUBDIVISION  EIGHT
 OF SECTION SEVEN HUNDRED FIFTY-TWO OF THE GENERAL BUSINESS LAW.
   § 4. This act shall take effect immediately.