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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3669
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to licensed
pet breeders and brokers
PURPOSE:
To bring Suffolk County's Pet dealers regulations statewide.
SUMMARY OF PROVISIONS:
Section 1. 752 of the general business law is amended by 2 adding a new
subdivision 8
S2. The general business law is amended by adding a new section 753-f
S3. Paragraphs (b) and (c) of subdivision 4 of section 400 of the 22
agriculture and markets law, as added by chapter 168 of the laws of
232017, are amended and a new paragraph (d) is added
JUSTIFICATION:
JUSTIFICATION: Given the explosion of interest in protecting animal
welfare in the wake of COVID-19, it is more important than ever that all
Pet Dealers be subject to the same uniform set of laws, not the current
municipal patchwork of laws that currently exists. This bill creates
uniform standards that mandate the sourcing of animals from only USDA
breeders, as well as language regarding inspection reports, record keep-
ing and isolation requirements that any reputable Pet Dealer concerned
with full transparency and animal welfare should be able to easily
adhere to. Unifying the statutes regarding Pet Dealers should make it
clear to all concerned parties and interest groups that brick and mortar
Pet Stores provide the most transparent and welfare conscious option
when people are making the decision as to whether to shop or adopt.
LEGISLATIVE HISTORY:
01/05/22 A7522A referred to agriculture
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
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.
LBD08354-01-3
A. 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.
