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

                                  7646

                            I N  S E N A T E

                             April 28, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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, 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.
  [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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15725-04-0
              

S. 7646                             2

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
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:

S. 7646                             3

  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 April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.