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