S02273 Summary:

Amd 402, Ag & Mkts L; amd 17-1704, NYC Ad Cd
Requires pet dealers and pet shops to provide certain breeder and health information to purchasers of animals.
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S02273 Actions:

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S02273 Committee Votes:

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S02273 Floor Votes:

There are no votes for this bill in this legislative session.
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S02273 Memo:

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S02273 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 20, 2021
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law and  the  administrative
          code of the city of New York, in relation to requiring pet dealers and
          pet  shops  to  provide  certain  breeder  and  health  information to
          purchasers of animals
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Byron's law".
     2    § 2. Section 402 of the agriculture and markets law, as added by chap-
     3  ter  259 of the laws of 2000, subdivision 1 as amended by chapter 110 of
     4  the laws of 2012, is amended to read as follows:
     5    § 402. Records of purchase and sale. Each pet dealer  shall  keep  and
     6  maintain  records  for  each  animal purchased, acquired, held, sold, or
     7  otherwise disposed of. The records shall include the following:
     8    1. The name and address of and a  telephone  contact  number  for  the
     9  person  from  whom each animal was acquired. If the person from whom the
    10  animal was obtained is a dealer licensed by the United States department
    11  of agriculture, the person's name, address, and federal dealer identifi-
    12  cation number. If the person from whom the  animal  was  obtained  is  a
    13  dealer licensed by the department, the person's name, address, and state
    14  dealer identification number. In the case of cats, if a cat is placed in
    15  the  custody or possession of the pet dealer and the source of origin is
    16  unknown, the pet dealer shall state the source  of  origin  as  unknown,
    17  accompanied  by the date, time, and location of receipt. Notwithstanding
    18  the provisions of this subdivision, no pet dealer shall  knowingly  buy,
    19  sell,  exhibit, transport, or offer for sale, exhibition, or transporta-
    20  tion any stolen animal. No pet dealer shall knowingly sell  any  cat  or
    21  dog younger than eight weeks of age.
    22    2.  The  original  source  of each animal if different than the person
    23  recorded in subdivision one of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2273                             2
     1    3. The date each animal was acquired.
     2    4.  A  description  of  each animal showing age, color, markings, sex,
     3  breed of the animal and of the dam and sire of  the  animal,  [and]  any
     4  inoculation, worming, or other veterinary treatment or medication infor-
     5  mation  available  and  any information available concerning hereditary,
     6  genetic or congenital defects in the  animal's  lineage.  Records  shall
     7  also  include  any  other significant identification, if known, for each
     8  animal, including any official tag number, tattoo, or implant.
     9    5. The name and address of the person to  whom  any  animal  is  sold,
    10  given,  or bartered or to whom it is otherwise transferred or delivered.
    11  The records shall indicate the date and method of disposition.
    12    6. Records for each animal shall be maintained for  a  period  of  two
    13  years  from the date of sale or transfer, whichever occurs later. During
    14  normal business hours, the records shall be made  available  to  persons
    15  authorized by law to enforce the provisions of this article.
    16    7.  Upon  the sale, giving, barter or other transfer or delivery of an
    17  animal as provided in subdivision five of this section, the  pet  dealer
    18  shall  provide  the  person to whom the animal is sold, given, bartered,
    19  transferred or delivered with a copy  of  the  information  required  by
    20  subdivisions one, two, three and four of this section.
    21    §  3.  Section  17-1704  of the administrative code of the city of New
    22  York, as added by local law number 5 of the city of  New  York  for  the
    23  year  2015,  subdivision  a  and  paragraphs 2 and 8 of subdivision b as
    24  amended by local law number 53 of the city of  New  York  for  the  year
    25  2015, is amended to read as follows:
    26    §17-1704  Recordkeeping.  a.  Each  pet  shop  shall keep and maintain
    27  records and documentation for each dog or cat purchased, acquired, held,
    28  sold, or otherwise disposed of with respect to the purchase, sale, deal-
    29  ers, transportation, breeding, medical care and  condition,  identifica-
    30  tion,  and  previous  ownership of such animal. Each pet shop shall keep
    31  and maintain such records and documentation for a period of  five  years
    32  from the date such pet shop acquired each such dog or cat.
    33    b. Such documentation and records shall be made available upon request
    34  for inspection and copying by the department or other persons authorized
    35  by  law  to  enforce the provisions of this chapter. Consistent with the
    36  New York state technology law, the department may promulgate  rules  for
    37  the  production,  receipt,  acceptance,  acquisition, recording, filing,
    38  transmission, forwarding, and storage of such records and  documentation
    39  by use of electronic means. Such records and documentation shall include
    40  the following information:
    41    1.  Proof of purchase, adoption, or acceptance of such animal evincing
    42  the source from which such pet shop obtained such animal;
    43    2. The breeder's name, address, telephone contact number  and  federal
    44  identification number;
    45    3. Such animal's individual identifying tag, tattoo, or collar number;
    46    4.  The date of the animal's birth, the date the pet shop received the
    47  animal, and the location where the animal was received. If the animal is
    48  not advertised or sold as a purebred, registered  or  registerable,  the
    49  date of birth may be approximated if not known by the seller;
    50    5. The animal's breed, sex, color and identifying marks at the time of
    51  sale. If the breed is unknown or mixed, the record shall so indicate and
    52  state the breed or breeds of the animal's dam and sire, if known;
    53    6.  A copy of any written statement provided to the purchaser pursuant
    54  to section 17-1703 of this title; and
    55    7. The name and address of the person to whom the animal was  sold  or
    56  given for adoption.

        S. 2273                             3

     1    8.  Any  statement  or  certification provided to the pet store by the
     2  source from which it obtained the animal stating that  such  animal  has
     3  been implanted with a microchip for permanent identification.
     4    9.  A copy of any statement or certificate of registration relating to
     5  microchip identification provided to the purchaser pursuant  to  section
     6  17-815 of this title.
     7    10.  A  copy  of  any  record a dealer is required to include with the
     8  shipment of an animal pursuant to the animal welfare  act,  7  U.S.C.  §
     9  2131,  et seq., or successor provision of law, and the rules promulgated
    10  thereunder.
    11    11. Such other records and documentation as deemed  necessary  by  the
    12  commissioner in accordance with rules promulgated by the department.
    13    12.  Any  information  available  concerning  hereditary,  genetic  or
    14  congenital defects in the animal's lineage.
    15    c. In addition to the documentation and records required under  subdi-
    16  vision  a  of  this  section, every pet shop shall keep and maintain the
    17  following records for transactions involving one or more dogs:
    18    1. If such a dog is being sold  as  registered  or  capable  of  being
    19  registered  with an animal pedigree registry organization, the names and
    20  registration numbers of the sire and dam,  and  the  litter  number,  if
    21  known;
    22    2.  If  the  pet  shop has released a dog to a purchaser without first
    23  submitting a license application, a written statement  provided  by  the
    24  purchaser  stating  that  the dog is to be harbored outside the city and
    25  such proof as the commissioner may require indicating that such purchas-
    26  er resides outside the city.
    27    d. Upon the sale, giving, barter or other transfer or delivery  of  an
    28  animal to a purchaser as provided in paragraph seven of subdivision b of
    29  this  section, the pet dealer shall provide the purchaser with a copy of
    30  the information required by paragraphs two, five and twelve of  subdivi-
    31  sion b of this section.
    32    §  4.  This  act  shall take effect on the sixtieth day after it shall
    33  have become a law. Effective immediately, the addition, amendment and/or
    34  repeal of any rule or regulation necessary  for  the  implementation  of
    35  this  act  on its effective date are authorized to be made and completed
    36  on or before such date.
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