A75A-2011 Actions

• Jan 20, 2012: print number 75a
• Jan 20, 2012: amend and recommit to agriculture
• Jan 4, 2012: referred to agriculture
• Jan 5, 2011: referred to agriculture

A75A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 75--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by M. of A. PAULIN, MARKEY, TITONE, KAVANAGH, JAFFEE, CASTRO
 -- Multi-Sponsored by -- M. of A. GLICK, M. MILLER, WEISENBERG -- read
 once and referred to the Committee on Agriculture  --  recommitted  to
 the  Committee on Agriculture in accordance with Assembly Rule 3, sec.
 -- 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 record
 keeping by pet dealers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  

Section 402 of the agriculture and markets law, as added
 by chapter 259 of the laws of 2000, is amended to read as follows:

 

S 402. Records of purchase and sale.  1. 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.]  (A) The name and address of 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 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 transportation any stolen animal.  No  pet  dealer  shall
 knowingly sell any cat or dog younger than eight weeks of age.
 [2.]  (B)  The  original  source  of each animal if different than the
 person recorded in [subdivision one] PARAGRAPH  (A)  of  this  [section]
 SUBDIVISION.
 [3.] (C) The date each animal was acquired.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00762-04-2
 
       A. 75--A                            2
 [4.]  (D)  A  description of each animal showing age, color, markings,
 sex, breed, and any inoculation, worming, or other veterinary  treatment
 or  medication  information  available.  Records  shall also include any
 other significant identification, if known, for each  animal,  including
 any official tag number, tattoo, or implant.
 [5.]  (E)  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 disposi
 tion.
 [6.] 2. 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.
 3.    NO  ANIMAL MAY BE SOLD TO THE PUBLIC BY A PET DEALER WITHOUT THE
 PET DEALER BEING IN  POSSESSION  OF  THE  RECORDS  FOR  THAT  ANIMAL  AS
 PROVIDED  IN  SUBDIVISION  ONE  OF  THIS  SECTION AND THAT ANIMAL HAVING
 UNDERGONE THE VETERINARY EXAMINATION MANDATED BY SECTION  SEVEN  HUNDRED
 FIFTY-THREE-A OF THE GENERAL BUSINESS LAW.
 4. NO PET DEALER MAY PURCHASE AN ANIMAL FROM A SOURCE THAT IS KNOWN BY
 THE  PET  DEALER TO BE REQUIRED TO BE LICENSED UNDER THIS ARTICLE, OR BY
 THE UNITED STATES DEPARTMENT OF AGRICULTURE  UNDER  THE  FEDERAL  ANIMAL
 WELFARE ACT, AND THAT SOURCE DOES NOT POSSESS SUCH VALID LICENSE.
 5.  ANY  PET  DEALER LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE A
 WRITTEN RELEASE TO HIS OR HER  DESIGNATED  VETERINARIAN  TO  ALLOW  SUCH
 VETERINARIAN  TO  PROVIDE  THE  COMMISSIONER,  OR  HIS OR HER AUTHORIZED
 AGENTS, ACCESS TO ALL ANIMAL HEALTH RECORDS FOR  EACH  ANIMAL  ACQUIRED,
 HELD, SOLD, OR OTHERWISE DISPOSED OF.
 6.  ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE WHO SELLS, OFFERS
 FOR SALE OR NEGOTIATES THE SALE OF ANIMALS WITH A REGISTERED DOG OR  CAT
 BREED  REGISTRY SHALL PROVIDE A WRITTEN RELEASE TO SUCH REGISTRY ASSOCI
 ATIONS TO ALLOW SUCH ASSOCIATIONS TO PROVIDE THE COMMISSIONER, OR HIS OR
 HER AUTHORIZED AGENTS, ACCESS TO ALL ANIMAL BREED REGISTRY  RECORDS  FOR
 EACH ANIMAL ACQUIRED, HELD, SOLD, OR OTHERWISE DISPOSED OF.
 

S  2. Subdivision 3 of section 403 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:

 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 3. Subdivisions 10 and 11 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:

 10.  Such  license  shall  be  renewable  annually,  together with the
 payment of a nonrefundable fee [of one hundred dollars, or upon  payment
 of  a nonrefundable fee of twenty-five dollars for those pet dealers who
 engage in the sale of less than twenty-five animals in a year] BASED  ON
 THE  GROSS  SALES  RECEIPTS  FROM  THE SALE OF ANIMALS FOR PROFIT TO THE
 PUBLIC BY THE LICENSEE IN THE PRIOR YEAR. FOR LICENSEES WITH GROSS SALES
 RECEIPTS FROM SUCH SALES OF UNDER FIFTY THOUSAND DOLLARS, THAT FEE SHALL
 BE ONE HUNDRED DOLLARS; FOR LICENSEES WITH  GROSS  SALES  RECEIPTS  FROM
 SUCH  SALES  OF  FIFTY THOUSAND DOLLARS OR MORE, THAT FEE SHALL BE THREE
 HUNDRED DOLLARS.
 11. Pet dealers shall conspicuously display their license on the prem
 ises where the animals are kept for sale so that  they  may  be  readily
 seen  by  potential consumers.  ANY LICENSEE THAT FAILS TO CONSPICUOUSLY
 
       A. 75--A                            3
 POST HIS OR HER LICENSE AS REQUIRED BY THIS SUBDIVISION SHALL BE CONSID
 ERED IN VIOLATION OF THIS ARTICLE, AND BE SUBJECT TO A  PENALTY  AS  SET
 FORTH IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
 

S  4. Subdivision 2 of section 404 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:

 2.    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.  ANY  UNREASON
 ABLE REFUSAL TO ALLOW THE COMMISSIONER, OR HIS OR HER AUTHORIZED AGENTS,
 TO  INSPECT  RECORDS  OR  PET  DEALER  FACILITIES  SHALL BE CONSIDERED A
 VIOLATION OF THIS ARTICLE, AND BE SUBJECT TO A PENALTY AS SET  FORTH  IN
 SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
 

S 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  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 on or before such effective date.

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