Relates to the definition of pet dealer; in addition to the sale, includes the offering for sale of more than nine animals per year for profit to the public or to any broker, wholesaler, medical facility or pet dealer; requires pet dealers who offer animals for sale to the public, brokers, wholesalers and medical facilities to be licensed.

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S2434-2011 Actions

• Jan 13, 2012: PRINT NUMBER 2434A
• Jan 13, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 20, 2011: REFERRED TO AGRICULTURE

S2434-2011 Memo

BILL NUMBER:S2434

TITLE OF BILL:
An act
to amend the agriculture and markets law, the general business
law and the general municipal law,
in relation to the definition of pet dealer

PURPOSE:
To protect a greater number of consumers of dogs and cats by
increasing the number of people considered to be "pet dealers" with
regard to state inspections and already existing consumer protections
laws

SUMMARY OF PROVISIONS:
Section one amends subdivision 4 of section 400 of the agriculture and
markets law by adding that, in addition to any person who sells or
offers for sale more than nine animals per year for profit to the
public, a "pet dealer" shall also include a person who sells or
offers for sale more than nine animals a year for profit to any
broker, wholesale dealer, exhibitor, medical facility or licensed pet
dealer. A "pet dealer" shall also include a breeder who sells or
offers to sell twenty-five or more animals per year that are born and
raised on the breeder's residential premises to any broker, wholesale
dealer, exhibitor, medical facility or licensed pet dealer in
addition to sales or offerings directly to the consumer.

Section two amends subdivision .3 of section 752 of the general
business law - providing consumer protection with regard to the
purchase of dogs and cats - by expanding the definition of "pet
dealer" to include those who, not only sell or offer for sale more
than nine animals to the public, but also those who sell or offer for
sale nine or more animals to any broker, wholesale dealer, exhibitor,
medical facility or licensed pet dealer. "Pet dealer" shall also
include a breeder who sells or offers to sell twenty-five or more
animals per year that are born and raised on the breeder's
residential premises to any broker, wholesale dealer, exhibitor,
medical facility or licensed pet dealer, in addition to direct sale
to the consumer.

Section three amends subdivision 4 of section 209-cc of the general
municipal law by exempting pet dealers as defined in section 752 of
the general business law from the list of persons who
shall report to the clerk of the city, town, or village their owning,
possessing, or harboring a wild animal or a dangerous dog within this
state.

Section eight defines the effective date.

JUSTIFICATION:
The Pet Dealer Consumer Protection and Animal Care Standards Act
provides much-needed oversight to New York's pet industry. However,
ambiguities exist in the current law, diminishing the Act's original
intent. This legislation would close a glaring loophole in the law
that allows breeders to sell dogs and cats to wholesale dealers,
brokers, exhibitors, other pet dealers and medical facilities without


having to be licensed under Article 26-A. This omission also
compromises the intended purpose of the law. As such, breeders
typically operate very large kennels, thereby increasing the
potential for animal mismanagement. Indeed, many of these operations
are repeatedly cited by the United States Department of Agriculture's
Animal and Plant Health Inspection Service (APHIS) for violations of
the Animal Welfare Act (AWA).
Larger sellers breed literally thousands of dogs and cats annually,
with the largest breeding over 20,000 animals per year. Yet, APHIS
employs only about 70 inspectors to oversee every wholesaler and
breeder in the entire United States - the same inspectors responsible
for inspecting zoos, marine-mammal facilities and circuses. The
agency also demonstrates scant ability to pursue civil or criminal
sanctions for failure to comply with the AWA, leaving consumers
with no guarantee that animals purchased at their local pet store are
in good health and bred responsibly.

In addition, APHIS often does not conduct further site inspections
once the license of a repeat offender is revoked. Independent
investigations have found unlicensed breeders back in business almost
immediately following license revocation, virtually free from
reporting, record keeping, health and humane treatment requirements.
This leaves dogs and cats bred in such facilities susceptible to
improper breeding practices and cruelty, greatly increasing the risk
of chronic respiratory problems, hip dysplasia, crooked bones,
blindness, rage disease and other defects. No animal deserves to be
born and raised under such poor conditions. Additionally, because
such dealers are not licensed at the state level, state-licensed pet
stores must assume liability for these sick animals when recourse is
sought by customers under New York's pet "lemon law." This
legislation will also require more substantial state oversight of pet
wholesalers and brokers who transport and sell animals to pet shops.
Of those businesses licensed by APHIS, almost two-thirds are
wholesalers, many of which purchase animals from large breeders and
turn them over for profit by selling directly to retail stores or
medical facilities. Such businesses that enjoy little federal
oversight despite being licensed entities, further jeopardize public
and animal health and greatly compromise the consumer's right to a
healthy, happy companion animal. State supervision of the sale of
animals by pet dealers is within the public interest. By expanding
the definition of "pet dealer" to include a wider array of people or
entities that sell or breed dogs and cats, more consumers will be
protected by already existing laws.

State inspection to guarantee proper treatment and living conditions
of dogs and cats not only ensures that such animals are treated
humanely, but also ensures that consumers are purchasing healthy
companion animals. Currently, the animal "lemon law", section 752 of
the general business law, is designed to protect only the public with
regard to: returning an animal or
receiving a refund when a purchased dog or cat is unfit; guaranteeing
an examination of the animal by a licensed veterinarian; information
about the animal that must be delivered by the seller in writing;
information regarding pedigree of an animal; etc. This legislation
extends such consumer protection to brokers, wholesale dealers,
exhibitors, medical facilities and licensed pet dealers.


LEGISLATIVE HISTORY:
04/27/09 REFERRED TO AGRICULTURE
01/06/10 REFERRED TO AGRICULTURE

FISCAL IMPLICATIONS:
Cost of inspecting an increase number of sites.

EFFECTIVE DATE:
April 1, 2013

S2434-2011 Text

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

                                    2434

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 20, 2011
                                 ___________

  Introduced  by Sens. OPPENHEIMER, DIAZ, PARKER -- read twice and ordered
    printed, and when printed to be committed to the Committee on Agricul-
    ture

  AN ACT to amend the agriculture and markets law,  the  general  business
    law  and  the  general municipal law, in relation to the definition of
    pet dealer

    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 engages in the sale  or  offering
  for  sale of more than nine animals per year for profit to the public OR
  TO ANY BROKER, WHOLESALE DEALER,  EXHIBITOR,  MEDICAL  FACILITY  OR  PET
  DEALER LICENSED PURSUANT TO THIS ARTICLE.  Such definition shall include
  breeders  who sell or offer to sell animals; provided that a breeder who
  sells or offers to sell directly to  the  consumer  OR  TO  ANY  BROKER,
  WHOLESALE  DEALER,  EXHIBITOR,  MEDICAL  FACILITY OR PET DEALER LICENSED
  PURSUANT TO THIS ARTICLE 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.  Subdivision 3 of section 752 of the  general  business  law,  as
  amended  by  chapter  687  of  the  laws  of 2006, is amended to read as
  follows:

    3. For purposes of section seven hundred fifty-three of this  article,
  a  "pet  dealer"  shall  mean  any person who, in the ordinary course of
  business, engages in the sale or offering for sale  of  more  than  nine

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05934-01-1

 S. 2434                             2

  animals per year for profit to the public. Such definition shall include
  breeders  of  animals  who  sell or offer for sale animals directly to a
  consumer but it shall not include  duly  incorporated  humane  societies
  dedicated to the care of unwanted animals which make such animals avail-
  able for adoption whether or not a fee for such adoption is charged. For
  purposes  of  sections seven hundred fifty-three-a, seven hundred fifty-
  three-b, seven hundred fifty-three-c, seven  hundred  fifty-three-d  and
  seven hundred fifty-three-e of this article, "pet dealer" shall mean any
  person  who  engages  in the sale or offering for sale of more than nine
  animals per year for profit to the public OR TO  ANY  BROKER,  WHOLESALE
  DEALER,  EXHIBITOR,  MEDICAL FACILITY OR PET DEALER LICENSED PURSUANT TO
  ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS  LAW.    Such  defi-
  nition  shall include breeders who sell animals; provided that a breeder
  who sells or offers to sell directly to the consumer OR TO  ANY  BROKER,
  WHOLESALE  DEALER,  EXHIBITOR,  MEDICAL  FACILITY OR PET DEALER LICENSED
  PURSUANT TO ARTICLE TWENTY-SIX-A OF  THE  AGRICULTURE  AND  MARKETS  LAW
  fewer  than twenty-five animals per year that are born and raised on the
  breeders residential premises shall not be considered a pet dealer as  a
  result  of  selling  or  offering  to sell such animals. Such definition
  shall 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 3. Subdivision 4 of section 209-cc of the general municipal law,  as
  separately  amended  by  chapters  289  and  538 of the laws of 2005, is
  amended to read as follows:

    4. Except for pet dealers as defined in section seven hundred  [fifty-
  two-a]  FIFTY-TWO  of the general business law WHO SELL OR OFFER ANIMALS
  FOR SALE PURSUANT TO SECTIONS SEVEN HUNDRED FIFTY-THREE-A, SEVEN HUNDRED
  FIFTY-THREE-B, SEVEN HUNDRED FIFTY-THREE-C, SEVEN HUNDRED  FIFTY-THREE-D
  AND SEVEN HUNDRED FIFTY-THREE-E OF THE GENERAL BUSINESS LAW and zoologi-
  cal  facilities and other exhibitors licensed pursuant to title 7 U.S.C.
  sections 2133 and 2134, and in the case of  dangerous  dogs  except  for
  licensed  veterinarians  in  temporary  possession  of  such dogs, every
  person owning, possessing, or harboring a wild animal or a dangerous dog
  within this state shall report the presence thereof to the clerk of  the
  city,  town,  or  village  in which such wild animal or dangerous dog is
  owned, possessed, or harbored. Such report shall be filed annually on  a
  date  to  be  determined  by  the state fire administrator in the manner
  prescribed by the state fire administrator. A separate report  shall  be
  filed for each street address at which any such wild animal or dangerous
  dog may be found.
    S 4. This act shall take effect April 1, 2013.