A10150A-2011 Actions

• May 17, 2012: print number 10150a
• May 17, 2012: amend and recommit to agriculture
• May 9, 2012: referred to agriculture

A10150A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10150--A
 I N  ASSEMBLY
 May 9, 2012
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
 Committee  on  Agriculture  --  committee  discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 

AN ACT to amend the agriculture and markets law, in relation to the care
 of animals by pet dealers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section 400 of the agriculture and markets
 law, as amended by chapter 687 of the laws of 2006, is amended  to  read
 as follows:

 4. "Pet Dealer" means any person who:

 (A)  HAS  POSSESSION OF MORE THAN TEN SEXUALLY INTACT FEMALE DOGS OVER
 THE AGE OF ONE YEAR FOR THE PURPOSE OF BREEDING THOSE ANIMALS AND  SELL
 ING ANY OFFSPRING AS HOUSEHOLD PETS; OR
 (B) engages in the sale or offering for sale of more than nine animals
 per year for profit [to the public. Such definition shall include breed-
 ers who sell or offer to sell animals; provided 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  shall  [further]  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.
 

S 2.

Section 401 of the agriculture and markets law, as added by chap
 ter 259 of the laws of 2000, is amended to read as follows:

 

S 401. Minimum standards of animal care. Pet dealers shall comply with
 the following minimum standards of care for every animal in their custo
 dy or possession.
 1.  Housing.  (a)  Animals  shall  be  housed in primary enclosures or
 cages, which shall be constructed so as to be structurally  sound.  Such
 enclosures  shall  be  maintained  in  good repair to contain the animal
 housed inside and protect it from injury. Surfaces shall have an  imper
 vious surface so as not to permit the absorption of fluids and which can
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15592-02-2
 
       A. 10150--A                         2
 be  thoroughly  and repeatedly cleaned and disinfected without retaining
 odors.  ALL DOGS OVER THE AGE OF SIX  MONTHS  SHALL  HAVE  CONSTANT  AND
 UNFETTERED ACCESS TO AN INDOOR ENCLOSURE.
 (b)  Primary  enclosures  or  cages  housing the animals shall provide
 sufficient space to allow each animal adequate freedom  of  movement  to
 make  normal  postural  adjustments,  including the ability to stand up,
 turn around, and lie down with its limbs outstretched. [If the  flooring
 is  constructed  of  metal  strands, such strands must either be greater
 than one-eighth inch in diameter (nine gauge wire) or  shall  be  coated
 with  a material such as plastic or fiberglass, and shall be constructed
 so as not to allow passage of the animal's feet through any  opening  in
 the floor of the enclosure. Such flooring shall not sag or bend substan-
 tially  between structural supports.] ALL ANIMALS THAT ARE DOGS SHALL BE
 PROVIDED:

 (1) SUFFICIENT INDOOR SPACE FOR EACH DOG TO TURN IN A COMPLETE  CIRCLE
 WITHOUT ANY IMPEDIMENT (INCLUDING A TETHER);
 (2)  ENOUGH INDOOR SPACE FOR EACH DOG TO LIE DOWN AND FULLY EXTEND HIS
 OR HER LIMBS AND STRETCH FREELY WITHOUT TOUCHING THE SIDE OF  AN  ENCLO
 SURE OR ANOTHER DOG;
 (3) AT LEAST ONE FOOT OF HEADROOM ABOVE THE HEAD OF THE TALLEST DOG IN
 THE ENCLOSURE; AND
 (4)  AT LEAST TWELVE SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG UP
 TO TWENTY-FIVE INCHES LONG; AT LEAST TWENTY SQUARE FEET OF INDOOR  FLOOR
 SPACE  PER EACH DOG BETWEEN TWENTY-FIVE AND THIRTY-FIVE INCHES LONG; AND
 AT LEAST THIRTY SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG FOR  DOGS
 THIRTY-FIVE  INCHES AND LONGER (WITH THE LENGTH OF THE DOG MEASURED FROM
 THE TIP OF THE NOSE TO THE BASE OF  THE  TAIL).    FLOORING  OF  PRIMARY
 ENCLOSURES  SHALL  CONSIST OF A SOLID, IMPERMEABLE MATERIAL, EXCEPT THAT
 DRAINS MAY BE PROVIDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.  A
 PRIMARY ENCLOSURE SHALL NOT BE STACKED  OR  PLACED  ON  TOP  OF  ANOTHER
 PRIMARY ENCLOSURE.
 (c)  Housing facilities shall be adequately ventilated at all times to
 provide for the health and well-being of the animal.  Ventilation  shall
 be  provided  by  natural  or  mechanical means, such as windows, vents,
 fans, or air conditioners. Ventilation shall be established to  minimize
 drafts, odors, and moisture condensation.
 (d)  The  temperature  surrounding the animal shall be compatible with
 the health and well-being of the animal. Temperature shall be  regulated
 by heating and cooling to sufficiently protect each animal from extremes
 of  temperature  and  shall not be permitted to fall below or rise above
 ranges which would pose a health hazard to the animal.  FOR ANIMALS THAT
 ARE DOGS, THE  TEMPERATURE  SHALL  NOT  FALL  BELOW  FORTY-FIVE  DEGREES
 FAHRENHEIT  OR  RISE  ABOVE  EIGHTY-FIVE  DEGREES FAHRENHEIT. This shall
 include supplying shade from sunlight by natural or artificial means.
 (e) The indoor facilities housing the animals shall be  provided  with
 adequate  lighting  sufficient to permit routine inspection and cleaning
 and be arranged so that each animal is protected from excessive  illumi
 nation which poses a health hazard to the animal.
 (f)  The  indoor and outdoor facilities housing the animals, including
 the primary enclosure or cage, shall be designed to allow for the  effi
 cient  elimination of animal waste and water in order to keep the animal
 dry  and  prevent  the  animal  from  coming  into  contact  with  these
 substances.  If drains are used they shall be constructed in a manner to
 minimize  foul  odors and backup of sewage. If a drainage system is used
 it shall  comply  with  federal,  state,  and  local  laws  relating  to
 pollution control.
 
       A. 10150--A                         3
 (g)  In  the  event that a pet dealer has a pregnant or nursing dog on
 his or her premises, the pet dealer shall provide  a  whelping  box  for
 such dog.
 2.  Sanitation.  Housing  facilities, including primary enclosures and
 cages, shall be kept in a clean condition in order to maintain a healthy
 environment for the animal. This shall include removing  and  destroying
 any  agents  injurious  to the health of the animal [and periodic clean-
 ings.  The primary enclosure or cage shall be constructed so as to elim-
 inate excess water, excretions, and waste material];  REMOVAL  OF  WASTE
 MATERIAL FROM PRIMARY ENCLOSURES AT LEAST ONCE PER DAY, AND THE CLEANING
 OF  PRIMARY  ENCLOSURES  WITH STERILIZING AGENTS AT LEAST ONCE PER WEEK.
 Under no circumstances shall the animal remain inside the primary enclo
 sure or cage while it is being cleaned with sterilizing agents, PRESSUR
 IZED WATER, STEAM, or agents toxic to animals or  cleaned  in  a  manner
 likely  to threaten the health and safety of the animal. Trash and waste
 products on the premises shall be properly contained and disposed of  so
 as to minimize the risks of disease, contamination, and vermin.
 3.  Feeding and watering. (a) Animals shall be provided with wholesome
 and palatable food AT LEAST ONCE A DAY, free from contamination  and  of
 nutritional value sufficient to maintain each animal in good health.
 (b)  [Animals] EACH ANIMAL shall be adequately fed at intervals not to
 exceed twelve hours or at least twice in any twenty-four hour period  in
 quantities appropriate for the animal species and age, unless determined
 otherwise by and under the direction of a duly licensed veterinarian.
 (c)  Food  receptacles  shall  be  provided  in  sufficient number, of
 adequate size, and so located as to enable each animal  in  the  primary
 enclosure or cage to be supplied with an adequate amount of food.
 (d)  [Animals] EACH ANIMAL shall be provided with [regular] CONTINUOUS
 access to clean, fresh water[, supplied in a sanitary manner  sufficient
 for  its needs,] THAT IS NOT FROZEN, AND IS FREE OF DEBRIS, FECES, ALGAE
 AND OTHER CONTAMINANTS except when there are instructions  from  a  duly
 licensed veterinarian to withhold water for medical reasons.
 4. Handling. Each animal shall be handled in a humane manner so as not
 to cause the animal physical injury or harm.
 5. Veterinary care. (a) All animals shall be inoculated as required by
 state  or local law, AND SHALL, AT MINIMUM RECEIVE AN ANNUAL EXAMINATION
 BY A DULY LICENSED VETERINARIAN AND PROMPT TREATMENT OF ANY  ILLNESS  OR
 INJURY  BY  A DULY LICENSED VETERINARIAN. Veterinary care appropriate to
 the species shall be provided without undue delay when  necessary.  Each
 animal shall be observed each day by the pet dealer or by a person work
 ing under the pet dealer's supervision.
 (b)  Within  five  business  days of receipt, but prior to sale of any
 dog, the pet dealer shall have a duly licensed veterinarian  conduct  an
 examination  and  tests appropriate to the age and breed to determine if
 the animal has any medical conditions apparent at the time of the  exam
 ination  that  adversely  affect  the  health of the animal. For animals
 eighteen months of age or older, such examination shall include a  diag
 nosis  of  any congenital conditions that adversely affect the health of
 the animal. Any animal found to be afflicted with a  contagious  disease
 shall be treated and caged separately from healthy animals.
 (c)  If  an  animal suffers from a congenital or hereditary condition,
 disease, or illness which, in the professional opinion of the pet  deal
 er's  veterinarian, requires euthanasia, the veterinarian shall humanely
 euthanize such animal without undue delay.
 (d) In the event an animal is returned  to  a  pet  dealer  due  to  a
 congenital or hereditary condition, illness, or disease requiring veter
 
       A. 10150--A                         4
 inary  care,  the  pet  dealer  shall,  without undue delay, provide the
 animal with proper veterinary care TO TREAT SUCH CONDITION,  ILLNESS  OR
 DISEASE.
 (E) NO DOG SHALL BE BRED TO PRODUCE MORE THAN TWO LITTERS IN ANY EIGH
 TEEN  MONTH PERIOD. NO DOG MAY BE BRED IF THE ANIMAL IS YOUNGER THAN ONE
 YEAR OR OLDER THAN EIGHT YEARS OF AGE.
 (F) A VETERINARIAN WHO EXAMINES, CARES FOR,  OR  OTHERWISE  TREATS  AN
 ANIMAL  BELONGING  TO  A PET DEALER SHALL RETAIN RECORDS RELATED TO SUCH
 VETERINARY CARE FOR A PERIOD OF THREE YEARS FROM THE DATES THE ANIMAL IS
 EXAMINED OR TREATED AND, DURING NORMAL BUSINESS HOURS, SHALL  MAKE  THEM
 AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS
 ARTICLE.  THE  PET  DEALER SHALL ALSO RETAIN ALL RECORDS RELATED TO SUCH
 VETERINARY CARE FOR A PERIOD OF THREE YEARS FROM THE DATE THE ANIMAL  IS
 EXAMINED  OR  TREATED AND, DURING NORMAL BUSINESS HOURS, SHALL MAKE THEM
 AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS
 ARTICLE.
 6. Humane euthanasia. [Humane euthanasia of an animal shall be carried
 out in accordance with section three hundred seventy-four of this  chap-
 ter.]  (A)  HUMANE EUTHANASIA OF ANIMALS SHALL BE ACCOMPLISHED ONLY BY A
 LICENSED VETERINARIAN USING LAWFUL TECHNIQUES  DEEMED  "ACCEPTABLE"  FOR
 DOGS  BY  THE  AMERICAN VETERINARY MEDICAL ASSOCIATION AND IN ACCORDANCE
 WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
 (B) NO ANIMAL SHALL BE LEFT  UNATTENDED  BETWEEN  THE  TIME  THAT  THE
 EUTHANASIA  PROCEDURE  BEGINS  AND THE TIME WHEN DEATH IS CONFIRMED. THE
 BODY OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL
 DEATH IS CONFIRMED BY A LICENSED VETERINARIAN,  A  CERTIFIED  EUTHANASIA
 TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN.
 7.  GROOMING. EACH ANIMAL SHALL BE PROVIDED WITH BASIC GROOMING SUFFI
 CIENT TO PREVENT CURLING OF NAILS OR MATTING OF FUR.
 8. EXERCISE. EACH ANIMAL THAT IS A DOG SHALL BE  PROVIDED  DAILY  WITH
 REGULAR  EXERCISE, UNLESS A LICENSED VETERINARIAN STATES IN WRITING THAT
 SUCH EXERCISE WOULD BE DETRIMENTAL TO THE ANIMAL'S HEALTH. SUCH EXERCISE
 SHALL CONSIST OF CONSTANT AND UNFETTERED ACCESS TO AN  OUTDOOR  EXERCISE
 AREA  THAT  IS  COMPOSED  OF A SOLID, GROUND LEVEL SURFACE WITH ADEQUATE
 DRAINAGE, PROVIDES ADEQUATE PROTECTION FROM THE ELEMENTS,  AND  PROVIDES
 EACH  DOG  WITH  AT  LEAST TWICE THE INDOOR SQUARE FOOTAGE OF THE INDOOR
 FLOOR SPACE PROVIDED TO THAT DOG.
 

S 3. Subdivision 6 of section 402 of the agriculture and  markets  law
 is  renumbered subdivision 7 and a new subdivision 6 is added to read as
 follows:

 6. THE DATES ON WHICH EACH ANIMAL WAS BRED, IDENTIFICATION OF EACH DOG
 USED IN THE BREEDING, THE DATES ON WHICH EACH FEMALE  ANIMAL  WHELPED  A
 LITTER, AND THE NUMBER OF PUPPIES IN EACH SUCH LITTER.
 

S  4.  Subdivisions  1  and  3  of  section 403 of the agriculture and
 markets law, as added by chapter 259 of the laws of 2000, are amended to
 read as follows:

 1. No person shall operate as a pet dealer unless such person holds  a
 license issued therefor by the commissioner.  [Notwithstanding the fore-
 going,  a  pet  dealer,  in operation on or before the effective date of
 this section, who has filed an application for an initial license  under
 this  article  shall be authorized to operate without such license until
 the commissioner grants or, after notice and opportunity  to  be  heard,
 declines to grant such license.] Each application for a license shall be
 made  on a form supplied by the department and shall contain such infor
 mation as may be required by the department. Renewal applications  shall
 
       A. 10150--A                         5
 be  submitted  to  the  commissioner  at  least thirty days prior to the
 commencement of the next license year.
 3. Each application for a license shall be accompanied by a nonrefund
 able  fee  of  one  hundred  dollars[, except that those pet dealers who
 engage in the sale of less than twenty-five animals in a year, shall pay
 a nonrefundable fee of twenty-five dollars].
 

S 5.

Section 404 of the agriculture and markets law, as added by chap
 ter 259 of the laws of 2000, is amended to read as follows:

 

S 404. License refusal, suspension, or revocation. 1. The commissioner
 may decline to grant or renew or may suspend  or  revoke  a  pet  dealer
 license, on any one of the following grounds:

 [1.] (A) Material misstatement in the license application.
 [2.] (B) Material misstatement in or falsification of records required
 to be kept pursuant to this article, or under any regulation promulgated
 thereunder,  or  failure to allow the commissioner or his or her author
 ized agents to inspect records or pet dealer facilities.
 [3. Violation of any provision of this article or  conviction]  (C)  A
 VIOLATION OF ANY PROVISION OF THIS ARTICLE.
 2.  THE  COMMISSIONER SHALL, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW, DECLINE TO GRANT, OR SHALL SUSPEND, DECLINE TO RENEW
 OR REVOKE A PET DEALER LICENSE ON ANY  ONE  OF  THE  FOLLOWING  GROUNDS,
 UNLESS  THE  DEPARTMENT  DETERMINES, IN ITS DISCRETION, THAT APPROVAL OF
 THE APPLICATION WILL NOT IN ANY WAY JEOPARDIZE  THE  HEALTH,  SAFETY  OR
 WELFARE OF ANIMALS:

 (A)  CONVICTION  of a violation of any provision of article twenty-six
 of this chapter or  regulations  promulgated  thereunder  pertaining  to
 humane treatment of animals, cruelty to animals, endangering the life or
 health of an animal[, or violation].
 (B)  VIOLATION  of  any federal, state, or local law pertaining to the
 care, treatment, sale, possession, or handling of animals or  any  regu
 lation or rule promulgated pursuant thereto relating to the endangerment
 of the life or health of an animal.
 [4.]  3. Before any license shall be suspended or revoked, the commis
 sioner, or any hearing officer he or she may  designate,  shall  hold  a
 hearing,  upon  due notice to the licensee, in accordance with any regu
 lations promulgated by the department and in  accordance  with  articles
 three and four of the state administrative procedure act.
 [5.]  4.  Any  action of the commissioner shall be subject to judicial
 review in a proceeding under article seventy-eight of the civil practice
 law and rules. THE COMMISSIONER MAY SUSPEND A PET DEALER'S LICENSE PEND
 ING A DETERMINATION IN AN ARTICLE SEVENTY-EIGHT PROCEEDING.
 5. THE REFUSAL, SUSPENSION, OR REVOCATION OF A  PET  DEALER'S  LICENSE
 UNDER  THIS  SECTION  SHALL  NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
 PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE,  FOR
 VIOLATIONS.
 

S  6.   

Section  405  of the agriculture and markets law, as added by
 chapter 259 of the laws of 2000, is amended to read as follows:

 

S 405. Inspection of pet dealers. 1. The commissioner or  his  or  her
 authorized  agents  shall,  at a minimum, make yearly inspections of pet
 dealers' facilities to ensure compliance with  the  provisions  of  this
 article  and with the provisions of article thirty-five-D of the general
 business law[, except for those pet dealers who engage in  the  sale  of
 less than twenty-five animals in a year, in which case inspections shall
 be  made  whenever  in  the discretion of the commissioner or his or her
 authorized agents, a complaint warrants such investigation].
 
       A. 10150--A                         6
 2. The commissioner may, pursuant to an agreement entered into with  a
 county  or  city  delegate  the  authority to conduct inspections of pet
 dealers and to respond to complaints  concerning  pet  dealers  to  such
 county  or  city where the pet dealer is located[; provided however such
 delegation  of  inspection  authority  shall only be permitted where the
 commissioner has delegated his or her authority to issue licenses pursu-
 ant to section four hundred three of this article].
 3. Any person conducting an inspection of a pet dealer  or  responding
 to  a complaint concerning a pet dealer shall be specifically trained in
 the proper care of cats and dogs and in the investigation and  identifi
 cation of cruelty to animals.
 4.  ANY  PERSON  CONDUCTING  AN INSPECTION OF A PET DEALER SHALL, UPON
 BELIEF THAT ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGAT
 ED THEREUNDER PERTAINING TO HUMANE  TREATMENT  OF  ANIMALS,  CRUELTY  TO
 ANIMALS,  OR  ENDANGERING  THE  LIFE  OR  HEALTH  OF AN ANIMAL HAVE BEEN
 VIOLATED, REPORT THE  SUSPECTED  VIOLATION  TO  A  DULY  AUTHORIZED  LAW
 ENFORCEMENT  AGENT AND TO THE COMMISSIONER IN WRITING IMMEDIATELY, OR AS
 SOON AS IS REASONABLY POSSIBLE.
 5. THE COMMISSIONER OR ANY COUNTY OR CITY  AGENT  DULY  AUTHORIZED  TO
 CONDUCT  INSPECTIONS  OF  PET  DEALERS MAY REQUIRE PET DEALERS TO PAY AN
 ANNUAL INSPECTION FEE TO  BE  PAID  WITHIN  THIRTY  DAYS  OF  AN  ANNUAL
 INSPECTION.
 (A)  ANY  MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION
 SHALL BE DEPOSITED IN THE "PET DEALER LICENSING FUND" ESTABLISHED PURSU
 ANT TO SECTION NINETY-SEVEN-RR OF THE STATE FINANCE LAW.
 (B) ANY CITY OR COUNTY IS HEREBY  AUTHORIZED  TO  DEPOSIT  ANY  MONEYS
 RECEIVED  PURSUANT  TO  THIS  SECTION IN THE RESPECTIVE CITY OR COUNTY'S
 GENERAL FUND; INTO ANY FUND CREATED FOR THE  PURPOSES  OF  ADMINISTERING
 THIS SECTION; OR INTO ANY FUND PROVIDING FOR ANIMAL WELFARE GENERALLY.
 

S  7.  The  agriculture  and  markets  law  is amended by adding a new
 section 408 to read as follows:

 

S 408. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE, OR THE APPLICA
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID  OR  UNCON
 STITUTIONAL,  THAT  INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT
 OTHER PROVISIONS OR APPLICATIONS OF  THIS  ARTICLE  THAT  CAN  BE  GIVEN
 EFFECT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION OR APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
 

S  8.  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 is authorized to be made and completed on
 or before such effective date.

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