The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1565
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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  administrative
   code of the city of New York, in relation to requiring pet dealers and
   pet  shops  to  provide  certain  breeder  and  health  information to
   purchasers of animals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Byron's law".
   § 2. Section 402 of the agriculture and markets law, as added by chap-
 ter  259 of the laws of 2000, subdivision 1 as amended by chapter 110 of
 the laws of 2012, is amended to read as follows:
   § 402. Records of purchase and sale. Each pet dealer  shall  keep  and
 maintain  records  for  each  animal purchased, acquired, held, sold, or
 otherwise disposed of. The records shall include the following:
   1. The name and address of AND A  TELEPHONE  CONTACT  NUMBER  FOR  the
 person  from  whom each animal was acquired. If the person from whom the
 animal was obtained is a dealer licensed by the United States department
 of agriculture, the person's name, address, and federal dealer identifi-
 cation number. If the person from whom the  animal  was  obtained  is  a
 dealer licensed by the department, the person's name, address, and state
 dealer identification number. In the case of cats, if a cat is placed in
 the  custody or possession of the pet dealer and the source of origin is
 unknown, the pet dealer shall state the source  of  origin  as  unknown,
 accompanied  by the date, time, and location of receipt. Notwithstanding
 the provisions of this subdivision, no pet dealer shall  knowingly  buy,
 sell,  exhibit, transport, or offer for sale, exhibition, or transporta-
 tion any stolen animal. No pet dealer shall knowingly sell  any  cat  or
 dog younger than eight weeks of age.
   2.  The  original  source  of each animal if different than the person
 recorded in subdivision one of this section.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02202-01-3

 S. 1565                             2
 
   3. The date each animal was acquired.
   4.  A  description  of  each animal showing age, color, markings, sex,
 breed OF THE ANIMAL AND OF THE DAM AND SIRE OF  THE  ANIMAL,  [and]  any
 inoculation, worming, or other veterinary treatment or medication infor-
 mation  available  AND  ANY INFORMATION AVAILABLE CONCERNING HEREDITARY,
 GENETIC OR CONGENITAL DEFECTS IN THE  ANIMAL'S  LINEAGE.  Records  shall
 also  include  any  other significant identification, if known, for each
 animal, including any official tag number, tattoo, or implant.
   5. The name and address of the person to  whom  any  animal  is  sold,
 given,  or bartered or to whom it is otherwise transferred or delivered.
 The records shall indicate the date and method of disposition.
   6. Records for each animal shall be maintained for  a  period  of  two
 years  from the date of sale or transfer, whichever occurs later. During
 normal business hours, the records shall be made  available  to  persons
 authorized by law to enforce the provisions of this article.
   7.  UPON  THE SALE, GIVING, BARTER OR OTHER TRANSFER OR DELIVERY OF AN
 ANIMAL AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, THE  PET  DEALER
 SHALL  PROVIDE  THE  PERSON TO WHOM THE ANIMAL IS SOLD, GIVEN, BARTERED,
 TRANSFERRED OR DELIVERED WITH A COPY  OF  THE  INFORMATION  REQUIRED  BY
 SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS SECTION.
   §  3.  Section  17-1704  of the administrative code of the city of New
 York, as added by local law number 5 of the city of  New  York  for  the
 year  2015,  subdivision  a  and  paragraphs 2 and 8 of subdivision b as
 amended by local law number 53 of the city of  New  York  for  the  year
 2015, is amended to read as follows:
   §17-1704  Recordkeeping.  a.  Each  pet  shop  shall keep and maintain
 records and documentation for each dog or cat purchased, acquired, held,
 sold, or otherwise disposed of with respect to the purchase, sale, deal-
 ers, transportation, breeding, medical care and  condition,  identifica-
 tion,  and  previous  ownership of such animal. Each pet shop shall keep
 and maintain such records and documentation for a period of  five  years
 from the date such pet shop acquired each such dog or cat.
   b. Such documentation and records shall be made available upon request
 for inspection and copying by the department or other persons authorized
 by  law  to  enforce the provisions of this chapter. Consistent with the
 New York state technology law, the department may promulgate  rules  for
 the  production,  receipt,  acceptance,  acquisition, recording, filing,
 transmission, forwarding, and storage of such records and  documentation
 by use of electronic means. Such records and documentation shall include
 the following information:
   1.  Proof of purchase, adoption, or acceptance of such animal evincing
 the source from which such pet shop obtained such animal;
   2. The breeder's name, address, TELEPHONE CONTACT NUMBER  and  federal
 identification number;
   3. Such animal's individual identifying tag, tattoo, or collar number;
   4.  The date of the animal's birth, the date the pet shop received the
 animal, and the location where the animal was received. If the animal is
 not advertised or sold as a purebred, registered  or  registerable,  the
 date of birth may be approximated if not known by the seller;
   5. The animal's breed, sex, color and identifying marks at the time of
 sale. If the breed is unknown or mixed, the record shall so indicate AND
 STATE THE BREED OR BREEDS OF THE ANIMAL'S DAM AND SIRE, IF KNOWN;
   6.  A copy of any written statement provided to the purchaser pursuant
 to section 17-1703 of this [title] CHAPTER; and
   7. The name and address of the person to whom the animal was  sold  or
 given for adoption.
 S. 1565                             3
 
   8.  Any  statement  or  certification provided to the pet store by the
 source from which it obtained the animal stating that  such  animal  has
 been implanted with a microchip for permanent identification.
   9.  A copy of any statement or certificate of registration relating to
 microchip identification provided to the purchaser pursuant  to  section
 17-815 of this title.
   10.  A  copy  of  any  record a dealer is required to include with the
 shipment of an animal pursuant to the animal welfare  act,  7  U.S.C.  §
 2131,  et seq., or successor provision of law, and the rules promulgated
 thereunder.
   11. Such other records and documentation as deemed  necessary  by  the
 commissioner in accordance with rules promulgated by the department.
   12.  ANY  INFORMATION  AVAILABLE  CONCERNING  HEREDITARY,  GENETIC  OR
 CONGENITAL DEFECTS IN THE ANIMAL'S LINEAGE.
   c. In addition to the documentation and records required under  subdi-
 vision  a  of  this  section, every pet shop shall keep and maintain the
 following records for transactions involving one or more dogs:
   1. If such a dog is being sold  as  registered  or  capable  of  being
 registered  with an animal pedigree registry organization, the names and
 registration numbers of the sire and dam,  and  the  litter  number,  if
 known;
   2.  If  the  pet  shop has released a dog to a purchaser without first
 submitting a license application, a written statement  provided  by  the
 purchaser  stating  that  the dog is to be harbored outside the city and
 such proof as the commissioner may require indicating that such purchas-
 er resides outside the city.
   D. UPON THE SALE, GIVING, BARTER OR OTHER TRANSFER OR DELIVERY  OF  AN
 ANIMAL TO A PURCHASER AS PROVIDED IN PARAGRAPH SEVEN OF SUBDIVISION B OF
 THIS  SECTION, THE PET DEALER SHALL PROVIDE THE PURCHASER WITH A COPY OF
 THE INFORMATION REQUIRED BY PARAGRAPHS TWO, FIVE AND TWELVE OF  SUBDIVI-
 SION B OF THIS SECTION.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.