Bill Text: NY A03669 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to licensed pet breeders and brokers; requires a pet dealer to only purchase a dog or cat for resale from a breeder or broker licensed by the United States department of agriculture or exempt from United States department of agriculture licensing per United States department of agriculture regulation, and such breeder or broker shall be in possession of all other licenses required for a breeder or broker by the state in which such breeder or broker is located.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to agriculture [A03669 Detail]
Download: New_York-2023-A03669-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3669 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to licensed pet breeders and brokers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding a new 2 section 409 to read as follows: 3 § 409. Licensed pet breeders and brokers. Notwithstanding any 4 provision of law to the contrary, a pet dealer shall only purchase a dog 5 or cat for resale from a breeder or broker licensed by the United States 6 department of agriculture or exempt from United States department of 7 agriculture licensing per United States department of agriculture regu- 8 lation, and such breeder or broker shall be in possession of all other 9 licenses required for a breeder or broker by the state in which such 10 breeder or broker is located. No pet dealer shall obtain or be in 11 possession of an animal intended for sale originating from a breeder or 12 a broker that has received: 13 1. A direct or critical violation of the Animal Welfare Act from the 14 United States department of agriculture within the past two years; 15 2. An indirect no access violation on each of the two most recent 16 inspection reports issued by the United States department of agricul- 17 ture; 18 3. Three or more indirect or non-critical violations, provided such 19 violations pertain to the health and welfare of an animal and were not 20 administrative in nature. The indirect violations pursuant to this 21 subdivision shall not include the violations pursuant to subdivision two 22 of this section; or 23 4. Any violations on a state inspection report related to the health 24 and welfare of the animal from the breeder or broker's state of origin 25 within the past two years, if applicable. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08354-01-3A. 3669 2 1 § 2. Paragraph (h) of subdivision 2 of section 408 of the agriculture 2 and markets law, as added by chapter 168 of the laws of 2017, is amended 3 to read as follows: 4 (h) The number of animals currently harbored by the applicant, includ- 5 ing a statement of where each animal was obtained; 6 § 3. Paragraphs (e) and (f) of subdivision 4 of section 408 of the 7 agriculture and markets law, as added by chapter 168 of the laws of 8 2017, are amended and a new paragraph (g) is added to read as follows: 9 (e) The applicant or registrant is determined by the commissioner to 10 be in violation of section twenty-one hundred forty-one of the public 11 health law or any rule or regulation promulgated thereunder by the 12 commissioner of health; [and] 13 (f) The applicant or registrant, or an officer or director has been 14 responsible in whole or in part for any act on account of which an 15 application for registration may be denied or a registration cancelled 16 pursuant to the provisions of this article[.]; and 17 (g) The applicant or registrant is determined by the commissioner to 18 have obtained animals from a breeder or a broker that has received: 19 (i) A direct or critical violation of the Animal Welfare Act from the 20 United States department of agriculture within the past two years; 21 (ii) An indirect no access violation on each of the two most recent 22 inspection reports issued by the United States department of agricul- 23 ture; 24 (iii) Three or more indirect or non-critical violations, provided such 25 violations pertain to the health and welfare of an animal and were not 26 administrative in nature. The indirect violations described in this 27 subparagraph shall not include the violations pursuant to subparagraph 28 (ii) of this paragraph; or 29 (iv) Any violations on a state inspection report related to the health 30 and welfare of the animal from the breeder or broker's state of origin 31 within the past two years, if applicable. 32 § 3-a. Paragraphs (f) and (g) of subdivision 4 of section 408 of the 33 agriculture and markets law, paragraph (f) as amended and paragraph (g) 34 as added by chapter 681 of the laws of 2022, are amended and a new para- 35 graph (h) is added to read as follows: 36 (f) The applicant or registrant, or an officer or director has been 37 responsible in whole or in part for any act on account of which an 38 application for registration may be denied or a registration cancelled 39 pursuant to the provisions of this article; [and] 40 (g) The applicant or registrant was previously licensed as a pet deal- 41 er pursuant to this article[.]; and 42 (h) The applicant or registrant is determined by the commissioner to 43 have obtained animals from a breeder or a broker that has received: 44 (i) A direct or critical violation of the Animal Welfare Act from the 45 United States department of agriculture within the past two years; 46 (ii) An indirect no access violation on each of the two most recent 47 inspection reports issued by the United States department of agricul- 48 ture; 49 (iii) Three or more indirect or non-critical violations, provided such 50 violations pertain to the health and welfare of an animal and were not 51 administrative in nature. The indirect violations described in this 52 subparagraph shall not include the violations pursuant to subparagraph 53 (ii) of this paragraph; or 54 (iv) Any violations on a state inspection report related to the health 55 and welfare of the animal from the breeder or broker's state of origin 56 within the past two years, if applicable.A. 3669 3 1 § 4. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law; provided, however, that if chapter 681 of 3 the laws of 2022, shall not have taken effect on or before such date 4 then section three-a of this act shall take effect on the same date and 5 in the same manner as such chapter of the laws of 2022, takes effect; 6 provided, further, however, that the amendments to section 408 of the 7 agriculture and markets law made by sections two, three, and three-a of 8 this act shall not affect the repeal of such section and shall be deemed 9 repealed therewith.