Bill Text: NY A06560 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to the disclosure of the cause of death of certain companion animals; authorizes the inspection of pet dealers' facilities upon such deaths; requires the department of agriculture and markets develop a rating system for pet dealers and make certain information available on the department's website; requires pet dealers to reimburse consumers if an animal dies within six months of the sale of such animal.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A06560 Detail]

Download: New_York-2021-A06560-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6560--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 19, 2021
                                       ___________

        Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  education law, in relation to disclosure of the
          cause of death of certain companion animals; to amend the  agriculture
          and  markets  law,  in  relation  to authorizing the inspection of pet
          dealers' facilities upon certain deaths of companion  animals  and  in
          relation  to requiring that the department develop a rating system for
          pet dealers and make certain information available on the department's
          website; and to amend the general business law, in relation to requir-
          ing pet dealers to reimburse consumers if an animal  dies  within  six
          months of the sale of such animal

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 6714 of the education law is amended  by  adding  a
     2  new subdivision 5 to read as follows:
     3    5. A veterinarian licensed pursuant to this article shall disclose the
     4  cause of death and may disclose any other relevant records for a compan-
     5  ion  animal  to  the  department  of  agriculture  and markets when such
     6  companion animal's death is  due  to  illness,  disease,  or  congenital
     7  condition and such death occurs within six months of the owner obtaining
     8  such  companion  animal  from  a  pet dealer, as defined in section four
     9  hundred of the agriculture and markets law.   Such disclosure  shall  be
    10  made on a form provided by the department of agriculture and markets and
    11  shall  include  the  name  and  address of the pet dealer from which the
    12  companion animal was obtained.
    13    § 2.  Section 405 of the agriculture and markets  law  is  amended  by
    14  adding a new subdivision 4 to read as follows:
    15    4.  The  commissioner  or  his or her authorized agents may conduct an
    16  inspection of pet dealers' facilities whenever in the discretion of  the
    17  commissioner  or  his  or  her  authorized  agents a disclosure required

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10017-04-1
        A. 6560--A                          2

     1  pursuant to subdivision five of section sixty-seven hundred fourteen  of
     2  the education law warrants such investigation.  Where the department has
     3  received  more  than  one such disclosure, the department may commission
     4  with  the  society  for  the  prevention of cruelty to animals or animal
     5  control agency located within the county in  which  the  office  of  the
     6  veterinarian  making such disclosure is located to inspect the pet deal-
     7  ers' facilities and to audit the paperwork for all companion animals  in
     8  such  pet  dealers'  facilities  to  ensure  such companion animals were
     9  purchased from a breeder licensed by the state.
    10    § 3. Subdivision 11 of section 403 of the agriculture and markets law,
    11  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
    12  follows:
    13    11. Pet dealers shall conspicuously display their license on the prem-
    14  ises  where  the  animals  are kept for sale so that they may be readily
    15  seen by  potential  consumers.  Pet  dealers  shall  also  conspicuously
    16  display  on the window of the premises a placard containing  information
    17  for the department's website and where on  such  website  customers  can
    18  access  such  pet  dealer's  rating,  inspection  reports, and copies of
    19  documentation relating to the death of any  companion  animals  sold  by
    20  such  pet  dealer.    Any  pet dealer that does not display such placard
    21  shall be fined five hundred dollars for a first  offense,  one  thousand
    22  dollars  for a second offense, and two thousand five hundred dollars for
    23  a third and any subsequent offense.
    24    § 4. Section 16 of the agriculture  and  markets  law  is  amended  by
    25  adding a new subdivision 50-a to read as follows:
    26    50-a.  Develop  a rating system for pet dealers within the state based
    27  on the results of inspections conducted pursuant to section four hundred
    28  five of this chapter and the receipt of  disclosures  of  the  cause  of
    29  death  and  any other relevant records for a companion animal's cause of
    30  death.  The rating of each pet dealer, the inspection  reports  of  each
    31  pet  dealer, and any disclosure or other record relating to the cause of
    32  death of a companion animal sold by each pet dealer shall be made avail-
    33  able on the department's website.
    34    § 5. Section 753 of the general business law is amended  by  adding  a
    35  new subdivision 1-a to read as follows:
    36    1-a. If, within one hundred eighty calendar days following the sale of
    37  an  animal  subject  to  this  article  or receipt of the written notice
    38  required by section seven hundred fifty-four of this article,  whichever
    39  occurred  last,  such animal dies, the consumer shall receive reimburse-
    40  ment from the pet dealer for the cost of the animal and for any  veteri-
    41  nary  services  from a licensed veterinarian of the consumer's choosing,
    42  for the purpose of attempting to cure the animal.    Such  reimbursement
    43  shall be made by the pet dealer not later than ten business days follow-
    44  ing  receipt  of documentation confirming the death of such animal and a
    45  signed veterinary certification as herein required.  Such  documentation
    46  and  veterinary  certification  shall be presented to the pet dealer not
    47  later than three business days following receipt thereof by the  consum-
    48  er.
    49    §  6.  This  act  shall take effect on the sixtieth day after it shall
    50  have become a law. Effective immediately, the addition, amendment and/or
    51  repeal of any rule or regulation necessary  for  the  implementation  of
    52  this  act  on its effective date are authorized to be made and completed
    53  on or before such effective date.