S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    554
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. FAHY,
   GALEF,  GARBARINO,  GOTTFRIED,  PERRY, SOLAGES, STECK -- read once and
   referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to the care
   of animals by pet dealers

   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 and a new
 subdivision 5 is added to read as follows:
   4. "Pet Dealer" means any person who:
   (A)  HAS  POSSESSION OF MORE THAN TEN SEXUALLY INTACT FEMALE DOGS OVER
 THE AGE OF ONE YEAR FOR THE PURPOSE OF BREEDING THOSE ANIMALS AND  SELL-
 ING ANY OFFSPRING AS HOUSEHOLD PETS; OR
   (B) engages in the sale or offering for sale of more than nine animals
 per year for profit [to the public. Such definition shall include breed-
 ers who sell or offer to sell animals; provided that a breeder who sells
 or  offers  to  sell  directly  to  the  consumer 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.
   5.  "RETAIL  PET STORE" MEANS A PERSON OR RETAIL ESTABLISHMENT OPEN TO
 THE PUBLIC WHERE DOGS ARE BOUGHT, SOLD, EXCHANGED, OR OFFERED FOR RETAIL
 SALE DIRECTLY TO THE PUBLIC TO BE KEPT AS PETS, BUT THAT DOES NOT ENGAGE
 IN ANY BREEDING OF DOGS FOR THE PURPOSE OF SELLING ANY OFFSPRING FOR USE
 AS A HOUSEHOLD PET.
   § 2. Section 401 of the agriculture and markets law, as added by chap-
 ter 259 of the laws of 2000, paragraph (h) of subdivision  1,  paragraph
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04931-01-7

 A. 554                              2
 
 (a) of subdivision 5 and subdivision 7 as added, paragraphs (b), (d) and
 (e)  of  subdivision 5 as relettered by chapter 110 of the laws of 2012,
 and paragraph (c) of subdivision 5 as amended by chapter 528 of the laws
 of 2014, is amended to read as follows:
   § 401. Minimum standards of animal care. Pet dealers shall comply with
 the following minimum standards of care for every animal in their custo-
 dy or possession.
   1.  Housing.  (a)  Animals  shall  be  housed in primary enclosures or
 cages, which shall be constructed so as to be structurally  sound.  Such
 enclosures  shall  be  maintained  in  good repair to contain the animal
 housed inside and protect it from injury. Surfaces shall have an  imper-
 vious surface so as not to permit the absorption of fluids and which can
 be  thoroughly  and repeatedly cleaned and disinfected without retaining
 odors.  ALL DOGS SHALL HAVE CONSTANT AND UNFETTERED ACCESS TO AN  INDOOR
 ENCLOSURE.
   (b)  Primary  enclosures  or  cages  housing the animals shall provide
 sufficient space to allow each animal adequate freedom  of  movement  to
 make  normal  postural  adjustments,  including the ability to stand up,
 turn around, and lie down with its limbs outstretched. [If the  flooring
 is  constructed  of  metal  strands, such strands must either be greater
 than one-eighth inch in diameter (nine gauge wire) or  shall  be  coated
 with  a material such as plastic or fiberglass, and shall be constructed
 so as not to allow passage of the animal's feet through any  opening  in
 the floor of the enclosure. Such flooring shall not sag or bend substan-
 tially  between structural supports.] ALL ANIMALS THAT ARE DOGS SHALL BE
 PROVIDED:
   (1) SUFFICIENT INDOOR SPACE FOR EACH DOG TO TURN IN A COMPLETE  CIRCLE
 WITHOUT ANY IMPEDIMENT (INCLUDING A TETHER);
   (2)  ENOUGH INDOOR SPACE FOR EACH DOG TO LIE DOWN AND FULLY EXTEND HIS
 OR HER LIMBS AND STRETCH FREELY WITHOUT TOUCHING THE SIDE OF  AN  ENCLO-
 SURE OR ANOTHER DOG;
   (3) AT LEAST ONE FOOT OF HEADROOM ABOVE THE HEAD OF THE TALLEST DOG IN
 THE ENCLOSURE; AND
   (4)  AT LEAST TWELVE SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG UP
 TO TWENTY-FIVE INCHES LONG; AT LEAST TWENTY SQUARE FEET OF INDOOR  FLOOR
 SPACE  PER EACH DOG BETWEEN TWENTY-FIVE AND THIRTY-FIVE INCHES LONG; AND
 AT LEAST THIRTY SQUARE FEET OF INDOOR FLOOR SPACE PER EACH DOG FOR  DOGS
 THIRTY-FIVE  INCHES AND LONGER (WITH THE LENGTH OF THE DOG MEASURED FROM
 THE TIP OF THE NOSE TO THE BASE OF  THE  TAIL).    FLOORING  OF  PRIMARY
 ENCLOSURES  SHALL  CONSIST OF A SOLID, IMPERMEABLE MATERIAL, EXCEPT THAT
 DRAINS MAY BE PROVIDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.  A
 PRIMARY ENCLOSURE SHALL NOT BE STACKED  OR  PLACED  ON  TOP  OF  ANOTHER
 PRIMARY  ENCLOSURE. THE REQUIREMENTS OF THIS CLAUSE SHALL NOT APPLY TO A
 RETAIL PET STORE.
   (c) Housing facilities shall be adequately ventilated at all times  to
 provide  for  the health and well-being of the animal. Ventilation shall
 be provided by natural or mechanical  means,  such  as  windows,  vents,
 fans,  or air conditioners. Ventilation shall be established to minimize
 drafts, odors, and moisture condensation.
   (d) The temperature surrounding the animal shall  be  compatible  with
 the  health and well-being of the animal. Temperature shall be regulated
 by heating and cooling to sufficiently protect each animal from extremes
 of temperature and shall not be permitted to fall below  or  rise  above
 ranges which would pose a health hazard to the animal.  FOR ANIMALS THAT
 ARE  DOGS,  THE  TEMPERATURE  SHALL  NOT  FALL  BELOW FORTY-FIVE DEGREES

 A. 554                              3
 
 FAHRENHEIT OR RISE ABOVE  EIGHTY-FIVE  DEGREES  FAHRENHEIT.  This  shall
 include supplying shade from sunlight by natural or artificial means.
   (e)  The  indoor facilities housing the animals shall be provided with
 adequate lighting sufficient to permit routine inspection  and  cleaning
 and  be arranged so that each animal is protected from excessive illumi-
 nation which poses a health hazard to the animal.
   (f) The indoor and outdoor facilities housing the  animals,  including
 the  primary enclosure or cage, shall be designed to allow for the effi-
 cient elimination of animal waste and water in order to keep the  animal
 dry  and  prevent  the  animal  from  coming  into  contact  with  these
 substances.  If drains are used they shall be constructed in a manner to
 minimize foul odors and backup of sewage. If a drainage system  is  used
 it  shall  comply  with  federal,  state,  and  local  laws  relating to
 pollution control.
   (g) In the event that a pet dealer has a pregnant or  nursing  dog  on
 his  or  her  premises,  the pet dealer shall provide a whelping box for
 such dog.
   (h) Pet dealers shall designate and  provide  an  isolation  area  for
 animals  that  exhibit  symptoms  of  contagious disease or illness. The
 location of such designated area must be such as to  prevent  or  reduce
 the spread of disease to healthy animals.
   2.  Sanitation.  Housing  facilities, including primary enclosures and
 cages, shall be kept in a clean condition in order to maintain a healthy
 environment for the animal. This shall include removing  and  destroying
 any  agents  injurious  to the health of the animal [and periodic clean-
 ings.  The primary enclosure or cage shall be constructed so as to elim-
 inate excess water, excretions, and waste material];  REMOVAL  OF  WASTE
 MATERIAL FROM PRIMARY ENCLOSURES AT LEAST ONCE PER DAY, AND THE CLEANING
 OF  PRIMARY  ENCLOSURES  WITH STERILIZING AGENTS AT LEAST ONCE PER WEEK.
 Under no circumstances shall the animal remain inside the primary enclo-
 sure or cage while it is being cleaned with sterilizing agents, PRESSUR-
 IZED WATER, STEAM, or agents toxic to animals or  cleaned  in  a  manner
 likely  to threaten the health and safety of the animal. Trash and waste
 products on the premises shall be properly contained and disposed of  so
 as to minimize the risks of disease, contamination, and vermin.
   3.  Feeding and watering. (a) Animals shall be provided with wholesome
 and palatable food AT LEAST TWICE A DAY, free from contamination and  of
 nutritional value sufficient to maintain each animal in good health.
   (b)  [Animals] EACH ANIMAL shall be adequately fed at intervals not to
 exceed twelve hours or at least twice in any twenty-four hour period  in
 quantities appropriate for the animal species and age, unless determined
 otherwise by and under the direction of a duly licensed veterinarian.
   (c)  Food  receptacles  shall  be  provided  in  sufficient number, of
 adequate size, and so located as to enable each animal  in  the  primary
 enclosure or cage to be supplied with an adequate amount of food.
   (d)  [Animals] EACH ANIMAL shall be provided with [regular] CONTINUOUS
 access to clean, fresh water[, supplied in a sanitary manner  sufficient
 for  its needs,] THAT IS NOT FROZEN, AND IS FREE OF DEBRIS, FECES, ALGAE
 AND OTHER CONTAMINANTS except when there are instructions  from  a  duly
 licensed veterinarian to withhold water for medical reasons.
   4. Handling. Each animal shall be handled in a humane manner so as not
 to cause the animal physical injury or harm.
   5. Veterinary care.  (a) Any pet dealer duly licensed pursuant to this
 article  shall  designate  an  attending veterinarian, who shall provide
 veterinary care to the dealer's animals which shall  include  a  written
 program  of veterinary care and regular visits to the pet dealer's prem-

 A. 554                              4
 
 ises, AND SHALL, AT MINIMUM PROVIDE AN  ANNUAL  EXAMINATION  AND  PROMPT
 TREATMENT  OF  ANY  ILLNESS OR INJURY.   Such program of veterinary care
 shall include:
   (i)  The availability of appropriate facilities, personnel, equipment,
 and services to comply with the provisions of this article;
   (ii) The use of methods determined to be appropriate by the  attending
 veterinarian  to prevent, control, and respond to diseases and injuries,
 and the availability of emergency, weekend, and holiday care;
   (iii) Daily observation of all animals  to  assess  their  health  and
 well-being;  provided, however, that daily observation of animals may be
 accomplished by someone other than the attending  veterinarian  who  has
 received the guidance identified in subparagraph (iv) of this paragraph;
 and  provided, further, that a mechanism of direct and frequent communi-
 cation is required so that timely and accurate information  on  problems
 of  animal health, behavior, and well-being is conveyed to the attending
 veterinarian;
   (iv) Adequate guidance to personnel involved in the care  and  use  of
 animals regarding handling and immobilization; and
   (v)  Pre-procedural and post-procedural care in accordance with estab-
 lished veterinary medical and nursing procedures.
   (b) All animals shall be inoculated as required by state or local law,
 AND SHALL, AT A MINIMUM RECEIVE AN ANNUAL EXAMINATION BY A DULY LICENSED
 VETERINARIAN, WHERE THE PET DEALER POSSESSES THE ANIMAL  FOR  MORE  THAN
 ONE  YEAR.  Veterinary care appropriate to the species shall be provided
 without undue delay when necessary. Each animal shall be  observed  each
 day  by  the  pet  dealer  or by a person working under the pet dealer's
 supervision.
   (c) Within five business days of receipt, but prior to sale of any dog
 or cat, the pet dealer shall have a duly licensed  veterinarian  conduct
 an  examination  and tests appropriate to the age and breed to determine
 if the animal has any medical conditions apparent at  the  time  of  the
 examination  that adversely affect the health of the animal. For animals
 eighteen months of age or older, such examination shall include a  diag-
 nosis  of  any congenital conditions that adversely affect the health of
 the animal. Any animal diagnosed with  a  contagious  disease  shall  be
 treated and caged separately from healthy animals.
   (d)  If  an  animal suffers from a congenital or hereditary condition,
 disease, or illness which, in the professional opinion of the pet  deal-
 er's  veterinarian, requires euthanasia, the veterinarian shall humanely
 euthanize such animal without undue delay.
   (e) In the event an animal is returned  to  a  pet  dealer  due  to  a
 congenital or hereditary condition, illness, or disease requiring veter-
 inary  care,  the  pet  dealer  shall,  without undue delay, provide the
 animal with proper veterinary care TO TREAT SUCH CONDITION,  ILLNESS  OR
 DISEASE.
   (F) NO DOG SHALL BE BRED TO PRODUCE MORE THAN TWO LITTERS IN ANY EIGH-
 TEEN  MONTH PERIOD. NO DOG MAY BE BRED IF THE ANIMAL IS YOUNGER THAN ONE
 YEAR OR OLDER THAN EIGHT YEARS OF AGE.
   6. Humane euthanasia. [Humane euthanasia of an animal shall be carried
 out in accordance with section three hundred seventy-four of this  chap-
 ter.]  (A)  HUMANE EUTHANASIA OF ANIMALS SHALL BE ACCOMPLISHED ONLY BY A
 LICENSED VETERINARIAN USING LAWFUL TECHNIQUES  DEEMED  "ACCEPTABLE"  FOR
 DOGS  BY  THE  AMERICAN VETERINARY MEDICAL ASSOCIATION AND IN ACCORDANCE
 WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   (B) NO ANIMAL SHALL BE LEFT  UNATTENDED  BETWEEN  THE  TIME  THAT  THE
 EUTHANASIA  PROCEDURE  BEGINS  AND THE TIME WHEN DEATH IS CONFIRMED. THE

 A. 554                              5
 
 BODY OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL
 DEATH IS CONFIRMED BY A LICENSED VETERINARIAN,  A  CERTIFIED  EUTHANASIA
 TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN.
   7.  GROOMING. EACH ANIMAL SHALL BE PROVIDED WITH BASIC GROOMING SUFFI-
 CIENT TO PREVENT CURLING OF NAILS OR MATTING OF FUR.
   8. Exercise requirements. Pet dealers shall develop,  maintain,  docu-
 ment,  and implement an appropriate plan to provide dogs with the oppor-
 tunity for daily exercise. In developing such plan, consideration should
 be given to providing positive physical contact with humans that encour-
 ages exercise through play or other similar activities. Such plan  shall
 be approved by the attending veterinarian, and must be made available to
 the  department  upon  request.   (A) EACH ANIMAL THAT IS A DOG SHALL BE
 PROVIDED DAILY WITH REGULAR EXERCISE,  UNLESS  A  LICENSED  VETERINARIAN
 STATES  IN  WRITING  THAT  SUCH  EXERCISE  WOULD  BE  DETRIMENTAL TO THE
 ANIMAL'S HEALTH.
   (B) FOR DOGS POSSESSED BY PET DEALERS WHO ARE NOT RETAIL  PET  STORES,
 SUCH  EXERCISE  SHALL  CONSIST  OF  CONSTANT AND UNFETTERED ACCESS TO AN
 OUTDOOR EXERCISE AREA THAT IS COMPOSED OF A SOLID, GROUND LEVEL  SURFACE
 WITH  ADEQUATE DRAINAGE, PROVIDES ADEQUATE PROTECTION FROM THE ELEMENTS,
 AND PROVIDES EACH DOG WITH AT LEAST TWICE THE INDOOR SQUARE  FOOTAGE  OF
 THE INDOOR FLOOR SPACE PROVIDED TO THAT DOG.
   §  3.  Subdivision 6 of section 402 of the agriculture and markets law
 is renumbered subdivision 7 and a new subdivision 6 is added to read  as
 follows:
   6. THE DATES ON WHICH EACH ANIMAL WAS BRED, IDENTIFICATION OF EACH DOG
 USED  IN  THE  BREEDING, THE DATES ON WHICH EACH FEMALE ANIMAL WHELPED A
 LITTER, AND THE NUMBER OF PUPPIES IN EACH SUCH LITTER.
   § 4. Subdivisions 1 and 3  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:
   1.  No person shall operate as a pet dealer unless such person holds a
 license issued therefor by the commissioner.  [Notwithstanding the fore-
 going, a pet dealer, in operation on or before  the  effective  date  of
 this  section, who has filed an application for an initial license under
 this article shall be authorized to operate without such  license  until
 the  commissioner  grants  or, after notice and opportunity to be heard,
 declines to grant such license.] Each application for a license shall be
 made on a form supplied by the department and shall contain such  infor-
 mation  as may be required by the department. Renewal applications shall
 be submitted to the commissioner at  least  thirty  days  prior  to  the
 commencement of the next license year.
   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].
   § 5. Section 404 of the agriculture and markets law, as added by chap-
 ter 259 of the laws of 2000, subdivision 4 as amended by chapter 256  of
 the laws of 2013, is amended to read as follows:
   § 404. License refusal, suspension, or revocation. 1. The commissioner
 may  decline  to  grant  or  renew or may suspend or revoke a pet dealer
 license, on any one of the following grounds:
   [1.] (A) Material misstatement in the license application.
   [2.] (B) 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.

 A. 554                              6
 
   [3.  Violation  of  any provision of this article or conviction] (C) A
 VIOLATION OF ANY PROVISION OF THIS ARTICLE.
   2.  THE  COMMISSIONER SHALL, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
 THE CORRECTION LAW, DECLINE TO GRANT, OR SHALL SUSPEND, DECLINE TO RENEW
 OR REVOKE A PET DEALER LICENSE ON ANY ONE OF THE FOLLOWING GROUNDS:
   (A) CONVICTION of a violation of any provision of  article  twenty-six
 of  this  chapter  or  regulations  promulgated thereunder pertaining to
 humane treatment of animals, cruelty to animals, endangering the life or
 health of an animal[, or violation].
   (B) VIOLATION of any federal, state, or local law  pertaining  to  the
 care,  treatment,  sale, possession, or handling of animals or any regu-
 lation or rule promulgated pursuant thereto relating to the endangerment
 of the life or health of an animal.
   [4.] 3. Before any license shall be suspended or revoked, the  commis-
 sioner,  or  any  hearing  officer he or she may designate, shall hold a
 hearing, upon due notice to the licensee, in accordance with  any  regu-
 lations  promulgated  by  the department and in accordance with articles
 three and four of the state administrative procedure act. Where a licen-
 see has three consecutive inspections in which the licensee  has  failed
 to  correct deficiencies of a critical nature, pursuant to this section,
 the commissioner shall hold a hearing  to  consider  the  suspension  or
 revocation  of  the  pet  dealer  license. Nothing in this section shall
 prohibit the commissioner from taking additional  actions  as  otherwise
 permitted  by  this  section regarding such licenses prior to the occur-
 rence of three consecutive inspections in which the licensee has  failed
 to correct deficiencies of a critical nature.
   [5.]  4.  Any  action of the commissioner shall be subject to judicial
 review in a proceeding under article seventy-eight of the civil practice
 law and rules. THE COMMISSIONER MAY SUSPEND A PET DEALER'S LICENSE PEND-
 ING A DETERMINATION IN AN ARTICLE SEVENTY-EIGHT PROCEEDING.
   5. THE REFUSAL, SUSPENSION, OR REVOCATION OF A  PET  DEALER'S  LICENSE
 UNDER  THIS  SECTION  SHALL  NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
 PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE,  FOR
 VIOLATIONS.
   § 6. Section 405 of the agriculture and markets law, as added by chap-
 ter 259 of the laws of 2000, is amended to read as follows:
   §  405.  Inspection  of pet dealers. 1. The commissioner or his or her
 authorized agents shall[, at a minimum,] make  [yearly]  inspections  of
 pet dealers' facilities to ensure compliance with the provisions of this
 article  and with the provisions of article thirty-five-D of the general
 business law[, except for those pet dealers who engage in  the  sale  of
 less than twenty-five animals in a year, in which case inspections shall
 be  made  whenever  in  the discretion of the commissioner or his or her
 authorized agents, a complaint warrants such investigation].
   2. The commissioner may, pursuant to an agreement entered into with  a
 county  or  city  delegate  the  authority to conduct inspections of pet
 dealers and to respond to complaints  concerning  pet  dealers  to  such
 county  or  city where the pet dealer is located[; provided however such
 delegation of inspection authority shall only  be  permitted  where  the
 commissioner has delegated his or her authority to issue licenses pursu-
 ant to section four hundred three of this article].
   3.  Any  person conducting an inspection of a pet dealer or responding
 to a complaint concerning a pet dealer shall be specifically trained  in
 the  proper care of cats and dogs and in the investigation and identifi-
 cation of cruelty to animals.

 A. 554                              7
 
   4. ANY PERSON CONDUCTING AN INSPECTION OF A  PET  DEALER  SHALL,  UPON
 BELIEF THAT ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGAT-
 ED  THEREUNDER  PERTAINING  TO  HUMANE  TREATMENT OF ANIMALS, CRUELTY TO
 ANIMALS, OR ENDANGERING THE LIFE  OR  HEALTH  OF  AN  ANIMAL  HAVE  BEEN
 VIOLATED,  REPORT  THE  SUSPECTED  VIOLATION  TO  A  DULY AUTHORIZED LAW
 ENFORCEMENT AGENT AND TO THE COMMISSIONER IN WRITING IMMEDIATELY, OR  AS
 SOON AS IS REASONABLY POSSIBLE.
   5.  THE  COMMISSIONER  OR  ANY COUNTY OR CITY AGENT DULY AUTHORIZED TO
 CONDUCT INSPECTIONS OF PET DEALERS MAY REQUIRE PET  DEALERS  TO  PAY  AN
 ANNUAL  INSPECTION  FEE  TO  BE  PAID  WITHIN  THIRTY  DAYS OF AN ANNUAL
 INSPECTION.
   (A) ANY MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS  SECTION,
 INCLUDING  ANY FINES AND PENALTIES NOT COLLECTED PURSUANT TO SUBDIVISION
 THREE OF SECTION FOUR HUNDRED SIX OF THIS ARTICLE, SHALL BE DEPOSITED IN
 THE "PET DEALER LICENSING FUND" ESTABLISHED PURSUANT TO SECTION  NINETY-
 SEVEN-RR OF THE STATE FINANCE LAW.
   (B)  ANY  CITY  OR  COUNTY  IS HEREBY AUTHORIZED TO DEPOSIT ANY MONEYS
 RECEIVED PURSUANT TO THIS SECTION IN THE  RESPECTIVE  CITY  OR  COUNTY'S
 GENERAL  FUND;  INTO  ANY FUND CREATED FOR THE PURPOSES OF ADMINISTERING
 THIS SECTION; OR INTO ANY FUND PROVIDING FOR ANIMAL WELFARE GENERALLY.
   § 7. The agriculture and markets  law  is  amended  by  adding  a  new
 section 408 to read as follows:
   § 408. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE, OR THE APPLICA-
 TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR UNCON-
 STITUTIONAL, THAT INVALIDITY OR  UNCONSTITUTIONALITY  SHALL  NOT  AFFECT
 OTHER  PROVISIONS  OR  APPLICATIONS  OF  THIS  ARTICLE THAT CAN BE GIVEN
 EFFECT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION OR APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
   § 8. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date is authorized to be made and completed on
 or before such effective date.