Bill Text: NY A06255 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the registration and regulation of animal breeders; requires each to be licensed; creates a breeder licensing fund; exempts not-for-profit organizations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-04 - referred to agriculture [A06255 Detail]

Download: New_York-2019-A06255-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6255
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Agriculture
        AN ACT to amend the agriculture and markets law and  the  state  finance
          law, in relation to the registration and regulation of animal breeders
          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  article 26-C to read as follows:
     3                                ARTICLE 26-C
     4                         CARE OF ANIMALS BY BREEDERS
     5  Section 420. Definitions.
     6          421. Preemption of local laws.
     7          422. Minimum standards of animal care.
     8          423. Records of purchase and sale.
     9          424. Licenses.
    10          425. License refusal, suspension or revocation.
    11          426. Inspection of breeders.
    12          427. Violations.
    13          428. Construction with other laws.
    14    § 420. Definitions. As used in this article:
    15    1. "Animal" means a dog or a cat.
    16    2. "Consumer" means any individual purchasing an animal from a  breed-
    17  er. A breeder shall not be considered a consumer.
    18    3.  "Person"  means  any individual, corporation, partnership, limited
    19  liability company, association, municipality or other legal entity.
    20    4. "Breeder" means any person who breeds three  of  more  animals  for
    21  sale  per year for profit. Such term shall not include duly incorporated
    22  humane societies dedicated to the care of unwanted  animals  which  make
    23  such  animals  available  for  adoption  whether  or  not a fee for such
    24  adoption is charged.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07381-01-9

        A. 6255                             2
     1    § 421. Preemption of local laws. The provisions of this article  shall
     2  apply  to  all municipalities, including cities with a population of one
     3  million or more, and shall supersede any local law, rule, regulation  or
     4  ordinance  regulating  or  licensing  breeders.  Nothing in this section
     5  shall  be construed to limit or restrict any municipality from enforcing
     6  any local law, rule, regulation or ordinance of general  application  to
     7  businesses governing public health, safety or the rights of consumers.
     8    § 422. Minimum  standards  of  animal care. Breeders shall comply with
     9  the following minimum standards of care for every animal in their custo-
    10  dy or possession.
    11    1. Housing. (a) Animals shall  be  housed  in  primary  enclosures  or
    12  cages,  which  shall be constructed so as to be structurally sound. Such
    13  enclosures shall be maintained in good  repair  to  contain  the  animal
    14  housed  inside and protect it from injury. Surfaces shall have an imper-
    15  vious surface so as not to permit the absorption of fluids and which can
    16  be thoroughly and repeatedly cleaned and disinfected  without  retaining
    17  odors.
    18    (b)  Primary  enclosures  or  cages  housing the animals shall provide
    19  sufficient space to allow each animal adequate freedom  of  movement  to
    20  make  normal  postural  adjustments,  including the ability to stand up,
    21  turn around, and lie down with its limbs outstretched. If  the  flooring
    22  is  constructed  of  metal strands, such strands shall either be greater
    23  than one-eighth inch in diameter (nine gauge wire) or  shall  be  coated
    24  with material such as plastic or fiberglass, and shall be constructed so
    25  as  to not allow passage of the animal's feet through any opening in the
    26  floor of the enclosure. Such flooring shall not sag or bend substantial-
    27  ly between structural supports.
    28    (c) Housing facilities shall be adequately ventilated at all times  to
    29  provide  for  the health and well-being of the animal. Ventilation shall
    30  be provided by natural or mechanical  means,  such  as  windows,  vents,
    31  fans,  or air conditioners. Ventilation shall be established to minimize
    32  drafts, odors, and moisture condensation.
    33    (d) The temperature surrounding the animal shall  be  compatible  with
    34  the  health and well-being of the animal. Temperature shall be regulated
    35  by heating and cooling to sufficiently protect each animal from extremes
    36  of temperature and shall not be permitted to fall below  or  rise  above
    37  ranges  which  would  pose  a  health  hazard  to the animal. This shall
    38  include supplying shade from sunlight by natural or artificial means.
    39    (e) The indoor facilities housing the animals shall be  provided  with
    40  adequate  lighting  sufficient to permit routine inspection and cleaning
    41  and be arranged so that each animal is protected from excessive  illumi-
    42  nation which poses a health hazard to the animal.
    43    (f)  The  indoor and outdoor facilities housing the animals, including
    44  the primary enclosure or cage, shall be designed to allow for the  effi-
    45  cient  elimination of animal waste and water in order to keep the animal
    46  dry  and  prevent  the  animal  from  coming  into  contact  with  these
    47  substances.  If drains are used they shall be constructed in a manner to
    48  minimize  foul odors and backups of sewage. If a drainage system is used
    49  it shall comply with federal, state and local laws relating to pollution
    50  control.
    51    (g) In the event that a breeder has a pregnant or nursing dog  on  his
    52  or her premises, the breeder shall provide a whelping box for such dog.
    53    2.  Sanitation.  Housing  facilities, including primary enclosures and
    54  cages, shall be kept in a clean condition in order to maintain a healthy
    55  environment for the animal. This shall include removing  and  destroying
    56  any  agents injurious to the health of the animal and periodic cleaning.

        A. 6255                             3
     1  The primary enclosure or cage shall be constructed so  as  to  eliminate
     2  excess  water,  excretions,  and  waste material. Under no circumstances
     3  shall the animal remain inside the primary enclosure or cage while it is
     4  being  cleaned  with  sterilizing  agents  or agents toxic to animals or
     5  cleaned in a manner likely to threaten the  health  and  safety  of  the
     6  animal.  Trash  and  waste  products  on  the premises shall be properly
     7  contained and disposed of so  as  to  minimize  the  risks  of  disease,
     8  contamination, and vermin.
     9    3.  Feeding and watering. (a) Animals shall be provided with wholesome
    10  and palatable food, free from contamination  and  of  nutritional  value
    11  sufficient to maintain each animal in good health.
    12    (b)  Animals shall be adequately fed at intervals not to exceed twelve
    13  hours or at least twice in any twenty-four  hour  period  in  quantities
    14  appropriate  for the animal species' age, unless determined otherwise by
    15  and under the direction of a duly licensed veterinarian.
    16    (c) Food receptacles  shall  be  provided  in  sufficient  number,  of
    17  adequate  size,  and  so located as to enable each animal in the primary
    18  enclosure or cage to be supplied with an adequate amount of food.
    19    (d) Animals shall be provided with  regular  access  to  clean,  fresh
    20  water,  supplied  in  a sanitary manner sufficient for its needs, except
    21  when there are instructions from a duly licensed veterinarian  to  with-
    22  hold water for medical reasons.
    23    4. Handling. Each animal shall be handled in a humane manner so as not
    24  to cause the animal physical injury or harm.
    25    5. Veterinary care. (a) All animals shall be inoculated as required by
    26  state  or local law. Veterinary care appropriate to the species shall be
    27  provided without undue  delay  when  necessary.  Each  animal  shall  be
    28  observed  each  day  by  the  breeder  or  by a person working under the
    29  breeder's supervision.
    30    (b) If an animal suffers from a congenital  or  hereditary  condition,
    31  disease  or  illness which, in the professional opinion of the breeder's
    32  veterinarian,  requires  euthanasia,  the  veterinarian  shall  humanely
    33  euthanize such animal without undue delay.
    34    (c)  In  the event an animal is returned to a breeder due to a congen-
    35  ital or hereditary condition, illness, or disease  requiring  veterinary
    36  care,  the  breeder  shall, without undue delay, provide the animal with
    37  the proper veterinary care.
    38    6. Humane euthanasia. Humane euthanasia of an animal shall be  carried
    39  out  in accordance with section three hundred seventy-four of this chap-
    40  ter.
    41    § 423. Records of purchase and sale. Each breeder shall keep and main-
    42  tain records for each animal purchased, acquired, held, sold  or  other-
    43  wise disposed of. The records shall include the following:
    44    1.  The  name  and  address  of  the  person from whom each animal was
    45  acquired. If the person from whom the animal was obtained is  a  breeder
    46  licensed  by  the  United States department of agriculture, the person's
    47  name, address, and federal breeder identification number. In the case of
    48  cats, if a cat is placed in the custody or possession of the breeder and
    49  the source of origin is unknown, the breeder shall state that the source
    50  of origin is unknown, accompanied by the date,  time,  and  location  of
    51  receipt.  Notwithstanding the provisions of this subdivision, no breeder
    52  shall  knowingly buy, sell, exhibit, transport, or offer for sale, exhi-
    53  bition or transportation any stolen animal. No breeder  shall  knowingly
    54  sell any cat or dog younger than eight weeks of age.
    55    2.  The  original  source  of each animal if different than the person
    56  recorded in subdivision one of this section.

        A. 6255                             4
     1    3. The date each animal was acquired.
     2    4.  A  description  of  each animal showing age, color, markings, sex,
     3  breed, and any inoculation, worming or  other  veterinary  treatment  or
     4  medication  information  available. Records shall also include any other
     5  significant identification, if known, for  each  animal,  including  any
     6  official tag number, tattoo or implant.
     7    5.  The  name  and  address  of the person to whom any animal is sold,
     8  given or bartered, or to whom it is otherwise transferred or  delivered.
     9  The records shall indicate the date and method of disposition.
    10    6.  Records  for  each  animal shall be maintained for a period of two
    11  years from the date of sale or transfer, whichever occurs later.  During
    12  normal  business  hours,  the records shall be made available to persons
    13  authorized by law to enforce the provisions of this article.
    14    § 424. Licenses. 1. No person shall operate as a breeder  unless  such
    15  person  holds  a  license issued therefor by the commissioner.  Notwith-
    16  standing the forgoing, a breeder, in operation on or before  the  effec-
    17  tive  date  of this section, who has filed an application for an initial
    18  license under this article shall be authorized to operate  without  such
    19  license  until  the commissioner grants or, after notice and opportunity
    20  to be heard, declines to grant such  license.  Each  application  for  a
    21  license  shall  be  made  on a form supplied by the department and shall
    22  contain such information as may be required by the  department.  Renewal
    23  applications shall be submitted to the commissioner at least thirty days
    24  prior to the commencement of the next license year.
    25    2. The commissioner may delegate his or her authority pursuant to this
    26  section to issue breeder licenses to the county or city where the breed-
    27  er is seeking licensure is located. Such delegation shall be pursuant to
    28  an agreement entered into by the commissioner and such city or county.
    29    3.  Each  application  for a license shall be accompanied by a non-re-
    30  fundable fee of one hundred dollars,  except  that  those  breeders  who
    31  engage in the sale of less than twenty-five animals in a year, shall pay
    32  a non-refundable fee of twenty-five dollars.
    33    4.  The  moneys  received by the commissioner pursuant to this section
    34  shall be deposited in the "breeder licensing fund" established  pursuant
    35  to section ninety-eight-d of the state finance law.
    36    5.  Where  the  authority  to issue breeder licenses is delegated to a
    37  county or city pursuant to subdivision two of this section, that  county
    38  or  city  shall,  on or before the fifth day of each month, remit to the
    39  appropriate municipal financial  officer  one  hundred  percent  of  all
    40  license  fees collected during the preceding month. The remittance shall
    41  be accompanied by a report of license sales made during  such  month.  A
    42  copy  of  such  report shall simultaneously be sent to the commissioner.
    43  All license fees so remitted shall be the property of the  municipality,
    44  and  shall  be used solely for the purpose of carrying out and enforcing
    45  the provisions of this article  and  of  article  thirty-five-D  of  the
    46  general business law.
    47    6.  Inspection  in  accordance with section four hundred twenty-six of
    48  this article,  the  results  of  which  establish  compliance  with  the
    49  provisions  of  this  article and with the provisions of article thirty-
    50  five-D of the general business law regarding recordkeeping and  consumer
    51  disclosure  requirements  for  breeders,  shall  precede  issuance  of a
    52  license or renewal thereof under this section.
    53    7. Upon validation by the commissioner or the county or  city  author-
    54  ized under this section to issue breeder licenses, the application shall
    55  become the license of the breeder.

        A. 6255                             5
     1    8.  The commissioner shall provide a copy of the license to the breed-
     2  er.  The commissioner shall also retain a copy of the license. In  those
     3  counties where the commissioner has delegated the licensing authority to
     4  the  county  or  city  that  county or city shall, provide a copy of the
     5  license  to  the  breeder  and a copy to the commissioner. The county or
     6  city shall also retain a copy of the license in its own records.
     7    9. No breeder shall publish or advertise the sale or  availability  of
     8  any dog or cat unless the publication or advertisement is accompanied by
     9  the  breeder's license number. Notwithstanding the foregoing, a breeder,
    10  in operation on or before the effective date of this  section,  who  has
    11  filed  an  application  for  the  initial license under this article may
    12  publish or advertise the sale of availability of any animal without  the
    13  publication  or advertisement being accompanied by the breeder's license
    14  number until the commissioner grants or, after notice and opportunity to
    15  be heard, declines to grant such license.
    16    10. Such license  shall  be  renewable  annually,  together  with  the
    17  payment  of a non-refundable fee of one hundred dollars, or upon payment
    18  of a non-refundable fee of twenty-five dollars for  those  breeders  who
    19  engage in the sale of less than twenty-five animals in a year.
    20    11. Breeders shall conspicuously display their license on the premises
    21  where  the animals are kept for sale so that they may be readily seen by
    22  potential consumers.
    23    § 425. License refusal, suspension or revocation. The commissioner may
    24  decline to grant or renew or may suspend or revoke a breeder license, on
    25  any of the following grounds:
    26    1. Material misstatement in license application; or
    27    2. Material misstatement in or falsification of records required to be
    28  kept pursuant to this article or under any regulation promulgated there-
    29  under, or failure to allow the commissioner or  his  or  her  authorized
    30  agents to inspect records or breeder facilities.
    31    3.  Violation  of  any  provision  of  this article or conviction of a
    32  violation of any provision of article  twenty-six  of  this  chapter  or
    33  regulations  promulgated  thereunder  pertaining  to humane treatment of
    34  animals, cruelty to animals,  endangering  the  life  or  health  of  an
    35  animal,  or  violation  of any federal, state or local law pertaining to
    36  the care, treatment, sale, possession or  handling  of  animals  or  any
    37  regulation  or  rule promulgated pursuant thereto relating to the endan-
    38  germent of the life or health of an animal.
    39    4. Before any license shall be suspended or revoked, the commissioner,
    40  or any hearing officer he or she may designate, shall hold a hearing  or
    41  upon  due  notice  to  the  licensee, in accordance with any regulations
    42  promulgated by the department and in accordance with articles three  and
    43  four of the state administrative procedure act.
    44    5.  Any action of the commissioner shall be subject to judicial review
    45  in a proceeding under article seventy-eight of the  civil  practice  law
    46  and rules.
    47    §  426.  Inspection  of  breeders. The breeder shall, at the breeder's
    48  expense, have a veterinarian licensed pursuant to  article  one  hundred
    49  thirty-five  of  the  education  law at a minimum of six month intervals
    50  inspect his or her records, facilities and animals to ensure  compliance
    51  with  the  provisions  of this article. The veterinarian engaged in this
    52  inspection shall certify that the breeder is  in  compliance  with  this
    53  section  and that the veterinarian does not otherwise provide veterinary
    54  services to or have a financial interest with the breeder.
    55    § 427. Violations. 1. In addition to the  penalties  provided  for  in
    56  this  section, a breeder who violates any provisions of this article may

        A. 6255                             6
     1  be subject to the denial, revocation, suspension or refusal  of  renewal
     2  of  his or her license in accordance with the provisions of section four
     3  hundred twenty-five of this article.
     4    2. Violation of any provision in this article, is a civil offense, for
     5  which  a  penalty  of  not less than fifty dollars and not more than one
     6  thousand dollars for each violation may be imposed.
     7    3. The provisions of this article may be enforced concurrently by  the
     8  department  and by a county or city to which the commissioner has deleg-
     9  ated his or her licensing and inspection authority pursuant to  sections
    10  four  hundred  twenty-four  and four hundred twenty-six of this article,
    11  and all moneys collected thereafter shall be retained  by  such  munici-
    12  pality or local government.
    13    §  428. Construction with other laws. 1. Nothing in this article shall
    14  be construed to limit or restrict agents or officers  of  societies  for
    15  the  prevention of cruelty to animals or the police from enforcing other
    16  provisions of article twenty-six of this chapter or any other law relat-
    17  ing to the humane treatment of or cruelty to animals.
    18    2. The provisions of this article shall not pertain to  not-for-profit
    19  organizations.
    20    §  2. The state finance law is amended by adding a new section 98-d to
    21  read as follows:
    22    § 98-d. Breeder licensing fund. 1. There is hereby established in  the
    23  joint  custody of the state comptroller and the commissioner of taxation
    24  and finance a fund to be known as the "breeder licensing fund".
    25    2. Such fund shall consist of all monies collected pursuant to article
    26  twenty-six-C of the agriculture  and  markets  law,  except  for  monies
    27  collected  pursuant  to subdivision five of section four hundred twenty-
    28  four of such article, and all other monies credited or transferred ther-
    29  eto from any other fund or source pursuant to law.
    30    3. Monies of the fund shall be expended solely  for  the  purposes  of
    31  carrying  out  the  provisions  of  article thirty-five-D of the general
    32  business law and article twenty-six-C of  the  agriculture  and  markets
    33  law.  Monies  shall  be paid out of the fund on the audit and warrant of
    34  the state comptroller on vouchers approved by the commissioner of  agri-
    35  culture  and markets. Any interest received by the comptroller on monies
    36  on deposit in the breeder licensing fund shall be retained in and become
    37  part of such fund.
    38    § 3. Section 401 of the agriculture and  markets  law  is  amended  by
    39  adding a new subdivision 8 to read as follows:
    40    8.  Selling  pets.  Pet  dealers  shall  only  sell pets obtained from
    41  licensed breeders pursuant to article twenty-six-C of this chapter.
    42    § 4. Subdivision 6 of section 402 of the agriculture and  markets  law
    43  is  renumbered subdivision 7 and a new subdivision 6 is added to read as
    44  follows:
    45    6. For all animals bought by the pet dealer, the pet dealer must  have
    46  a record that such purchase came from a breeder which is either licensed
    47  or exempt pursuant to article twenty-six-C of this chapter.
    48    §  5.  This act shall take effect April 1, 2021. Effective immediately
    49  the addition, amendment and/or repeal of any rule or  regulation  neces-
    50  sary  for  the  implementation  of  this  act  on its effective date are
    51  authorized to be made and completed on or before such date.
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