S T A T E   O F   N E W   Y O R K
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                                   986

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PAULIN, MARKEY, TITONE, KAVANAGH, JAFFEE, CASTRO
  -- Multi-Sponsored by -- M. of A. GLICK, MILLER,  WEISENBERG  --  read
  once and referred 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, subdivision 1 as amended by  chapter
110 of the laws of 2012, 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. If the person
from whom the animal was obtained is a dealer licensed  by  the  depart-
ment,  the  person's  name,  address,  and  state  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.

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

                                                           LBD05098-01-3

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  [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
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

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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:
  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.