S T A T E   O F   N E W   Y O R K
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                                  10493

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. PAULIN, P. RIVERA, TITONE, ROBERTS -- Multi-Spon-
  sored by -- M. of A.  ABBATE, SWEENEY, THIELE, WEISENBERG -- read once
  and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the sale of animals

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

  Section 1.  Section 403 of the agriculture and markets law is  amended
by adding a new subdivision 10-a to read as follows:
  10-A.  ANY  FINES  IMPOSED  UPON  A PET DEALER IN ACCORDANCE WITH THIS
ARTICLE AND ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW  SHALL  BE
SATISFIED PRIOR TO THE ISSUANCE OF A LICENSE OR RENEWAL THEREOF PURSUANT
TO THIS ARTICLE AND ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW.
  S  2. Subdivision 2 of section 406 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  2. Violation of any provision of this article, is a civil offense, for
which  a  penalty of not less than [fifty] ONE HUNDRED FIFTY dollars and
not more than one thousand dollars for each violation may be imposed.
  S 3. Subdivision 1 of section 753 of  the  general  business  law,  as
added  by  chapter  431  of  the  laws of 1988, the opening paragraph as
amended and such section as renumbered by chapter  68  of  the  laws  of
1993, is amended to read as follows:
  1.  If,  within  [fourteen  business] ONE HUNDRED EIGHTY CALENDAR days
following the sale of an animal subject to this article  or  receipt  of
the  written notice required by section seven hundred fifty-four of this
article, whichever occurred  last,  a  veterinarian  of  the  consumer's
choosing,  licensed  by  a  state  certifies such animal to be unfit for
purchase due to  illness,  a  congenital  malformation  which  adversely
affects  the  health  of  the  animal,  or the presence of symptoms of a
contagious or infectious  disease,  the  pet  dealer  shall  afford  the
consumer the right to choose one of the following options:
  (a)  The  right  to  return  the  animal  and  receive a refund of the
purchase price including  sales  tax  and  reasonable  veterinary  costs

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

                                                           LBD15651-02-2

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directly  related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section;
  (b)  The  right to return the animal and to receive an exchange animal
of the consumer's choice of equivalent value and  reasonable  veterinary
costs  directly  related  to  the  veterinarian's certification that the
animal is unfit for purchase pursuant to this section; or
  (c) The right to retain the animal and to receive reimbursement from a
pet dealer for veterinary services from a licensed veterinarian  of  the
consumer's choosing, for the purpose of curing or attempting to cure the
animal.  The  reasonable value of reimbursable services rendered to cure
or attempting to cure the animal shall not exceed the purchase price  of
the  animal.  The  value of such services is reasonable if comparable to
the value of similar services rendered by other  licensed  veterinarians
in  proximity to the treating veterinarian. Such reimbursement shall not
include the costs of initial veterinary examination fees and  diagnostic
fees  not  directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section.
  The commissioner by regulations shall prescribe a form  for,  and  the
content  of,  the  certification  that  an animal is unfit for purchase,
which shall be provided by an examining veterinarian to a consumer  upon
the  examination of an animal which is subject to the provisions of this
section. Such form shall include, but not  be  limited  to,  information
which  identifies  the type of animal, the owner, the date and diagnosis
of the animal, the treatment recommended if any, and an estimate or  the
actual  cost  of such treatment. Such form shall also include the notice
prescribed in section seven hundred  [forty-three]  FIFTY-FOUR  of  this
article.
  The  commissioner  by  regulations  shall  prescribe information which
shall be provided in writing by the pet dealer to the consumer upon  the
sale  of  the animal. Such information shall include, but not be limited
to, a description, including breed of the animal, the date of  purchase,
the  name,  address and telephone number of the consumer, and the amount
of the purchase. The pet dealer shall certify such information by  sign-
ing the document in which it is contained.
  S  4.  Section  753-b of the general business law, as added by chapter
259 of the laws of 2000, paragraph (f) of  subdivision  2  as  added  by
chapter 598 of the laws of 2008, is amended to read as follows:
  S  753-b.  Information statement for purchaser. Every pet dealer shall
deliver to the purchaser of an animal, at the time of  sale,  a  written
statement in a standardized form prescribed by the commissioner of agri-
culture and markets containing the following information:
  1. For cats:
  (a)  The  breeder's  AND, IF APPLICABLE, BROKER'S name and address, if
known, or, if not known, the source of the cat. If the person from  whom
the  cat  was obtained is a dealer licensed by the United States depart-
ment of agriculture, the person's name, address, and federal identifica-
tion number;
  (b) The date of the cat's birth, unless unknown because of the  source
of  the  cat, the date the pet dealer received the cat, and the location
where the cat was received;
  (c) A record of immunizations and worming treatments administered,  if
any,  to  the  cat  as  of  the  time  of  sale while the cat was in the
possession of the pet dealer, including the dates of administration  and
the type of vaccines or worming treatments administered;
  (d)  A  record of any known disease, sickness, or congenital condition
that adversely affects the health of the cat at the time of sale;

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  (e) A record of any veterinary treatment or medication received by the
cat while in the possession of the pet dealer and either of the  follow-
ing:
  (i)  A  statement, signed by the pet dealer at the time of sale, indi-
cating all of the following:  (1)  The  cat  has  no  known  disease  or
illness;  (2)  The  cat  has no known congenital or hereditary condition
that adversely affects the health of the cat at the time of sale; or
  (ii) A  record  of  any  known  congenital  or  hereditary  condition,
disease,  or illness that adversely affects the health of the cat at the
time of sale, along with a statement signed by a  licensed  veterinarian
that  authorizes the sale of the cat, recommends necessary treatment, if
any, and verifies that  the  condition,  disease  or  illness  does  not
require  hospitalization  or  [nonelective] NON-ELECTIVE surgical proce-
dures, and is not likely to  require  hospitalization  or  [nonelective]
NON-ELECTIVE surgical procedures in the future. A veterinarian statement
is  not required for intestinal or external parasites unless their pres-
ence makes the cat clinically ill or is likely to  make  the  cat  clin-
ically  ill.  The  statement  shall  be valid for fourteen business days
following examination of the cat by the veterinarian.
  2. For dogs:
  (a) The breeder's AND, IF APPLICABLE, BROKER'S name  and  address,  if
known,  or  if not known, the source of the dog. If the person from whom
the dog was obtained is a dealer licensed by the United  States  depart-
ment of agriculture, the person's name, address, and federal identifica-
tion number;
  (b)  The  date  of  the  dog's birth and the date AND LOCATION the pet
dealer received the dog. If the dog is not advertised or sold as a pure-
bred, registered or registrable, the date of birth may  be  approximated
if not known by the seller;
  (c)  The  breed, sex, color and identifying marks at the time of sale.
If the dog is from a United States department  of  agriculture  licensed
source,  the  individual  identifying  tag, tattoo, or collar number for
that animal. If the breed is unknown or mixed, the record shall so indi-
cate. If the dog is being sold as being  capable  of  registration,  the
names  and  registration  numbers  of  the  sire and dam, and the litter
number, if known;
  (d) A record of inoculations and worming treatments  administered,  if
any,  to  the  dog  as  of  the  time  of  sale while the dog was in the
possession of the pet dealer, including dates of administration and  the
type of vaccines and/or worming treatments administered;
  (e) A record of any veterinary treatment or medication received by the
dog  while in the possession of the pet dealer and either of the follow-
ing:
  (i) A statement, signed by the pet dealer at the time of  sale,  indi-
cating  all  of  the  following:  (1)  The  dog  has no known disease or
illness; (2) The dog has no known  congenital  or  hereditary  condition
that adversely affects the health of the dog at the time of the sale; or
  (ii) A record of any known congenital or hereditary condition, disease
or  illness  that adversely affects the health of the dog at the time of
sale, along with a statement signed  by  a  licensed  veterinarian  that
authorizes  the sale of the dog, recommends necessary treatment, if any,
and verifies that the condition, disease, or illness  does  not  require
hospitalization  or  [nonelective] NON-ELECTIVE surgical procedures, and
is not likely to require hospitalization or  [nonelective]  NON-ELECTIVE
surgical  procedures  in  the  future.  A  veterinarian statement is not
required for intestinal or  external  parasites  unless  their  presence

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makes  the  dog  clinically  ill or is likely to make the dog clinically
ill. The statement shall be valid for fourteen business  days  following
examination of the dog by the veterinarian.
  (f)  Notification  that  dogs  residing  in  New  York  state  must be
licensed, and that a license may be obtained from  the  municipality  in
which the dog resides.
  3.  A  disclosure  made  pursuant  to  subdivision  one or two of this
section shall be signed by both the pet dealer certifying  the  accuracy
of  the  statement and the purchaser acknowledging receipt of the state-
ment. At the time of sale, each pet dealer shall provide  the  purchaser
with information on the value of spaying and neutering of dogs and cats.
  4.  Every  pet dealer shall post conspicuously [within close proximity
to] ON the cages of dogs and cats offered for sale, a notice  containing
the  following  language  in one hundred-point type: "Information on the
source of these dogs and cats and the veterinary treatments received  by
these dogs and cats is available for review by prospective purchasers."
  S  5.  Subdivision  1  of  section 755 of the general business law, as
amended by chapter 259 of the laws of 2000, is amended and a new  subdi-
vision 1-b is added to read as follows:
  1. In addition to the other remedies provided, whenever there shall be
a  violation  of  this  article, application may be made by the attorney
general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an  injunc-
tion,  and  upon  notice to the defendant of not less than five days, to
enjoin and restrain the continuance of such violations; and if it  shall
appear  to  the  satisfaction of the court or justice that the defendant
has, in fact, violated this article, an injunction may be issued by such
court or justice, enjoining and restraining any further violation, with-
out requiring proof that any  person  has,  in  fact,  been  injured  or
damaged  thereby.  In any such proceeding, the court may make allowances
to the attorney general as provided in paragraph six of subdivision  (a)
of  section  eighty-three  hundred  three  of the civil practice law and
rules, and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court  may  impose  a  civil
penalty  of not less than [fifty] ONE HUNDRED FIFTY dollars and not more
than one thousand dollars. In connection with any such proposed applica-
tion, the attorney general is authorized to take proof and make a deter-
mination of the relevant facts and to issue subpoenas in accordance with
the civil practice law and rules.
  1-B. ANY FINES IMPOSED UPON A  PET  DEALER  IN  ACCORDANCE  WITH  THIS
SECTION AND SECTIONS FOUR HUNDRED FOUR AND FOUR HUNDRED SIX OF THE AGRI-
CULTURE  AND  MARKETS  LAW SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A
LICENSE OR RENEWAL THEREOF UNDER THIS ARTICLE.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.