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ARTICLE 26-A
of the Agriculture & Markets Law
Relating to
CARE OF ANIMALS BY PET DEALERS
DIVISION OF ANIMAL INDUSTRY
Revised January 2005
Section 400. Definitions.
400-a. Preemption of local laws.
401. Minimum standards of animal care.
402. Records of purchase and sale.
403. Licenses.
404. License refusal, suspension, or revocation.
405. Inspection of pet dealers.
406. Violations.
407. Construction with other laws.
400. Definitions. As used in this article:
1. "Animal" means a dog or a cat.
2. "Consumer" means any individual purchasing an animal from
a pet dealer. A pet dealer shall not be considered a
consumer.
3. "Person" means any individual, corporation, partnership,
association, municipality, or other legal entity.
4. "Pet Dealer" means any person, firm, partnership,
corporation, or other association which engages in the sale
of more than nine animals per year for profit to the public.
Such definition shall include breeders who sell animals;
provided that a breeder who sells directly to the consumer
fewer than twenty-five animals per year that are born and
raised on the breeders residential premises shall not be
considered a pet dealer as a result of the sale of such
animals. Such definition shall further not include duly
incorporated humane societies dedicated to the care of
unwanted animals which make such animals available for
adoption whether or not a fee for such adoption is charged.
400-a. Preemption of local laws. The provisions of this
article shall apply to all municipalities, including cities
with a population of one million or more, and shall
supersede any local law, rule, regulation, or ordinance
regulating or licensing pet dealers as defined in this
article. Nothing in this section shall be construed to limit
or restrict any municipality from enforcing any local law,
rule, regulation or ordinance of general application to
businesses governing public health, safety or the rights of
consumers.
401. Minimum standards of animal care. Pet dealers shall
comply with the following minimum standards of care for
every animal in their custody or possession.
1. Housing.
Animals shall be housed in primary enclosures or cages,
which shall be constructed so as to be structurally sound.
Such enclosures shall be maintained in good repair to
contain the animal housed inside and protect it from injury.
Surfaces shall have an impervious surface so as not to
permit the absorption of fluids and which can be thoroughly
and repeatedly cleaned and disinfected without retaining
odors.
Primary enclosures or cages housing the animals shall
provide sufficient space to allow each animal adequate
freedom of movement to make normal postural adjustments,
including the ability to stand up, turn around, and lie down
with its limbs outstretched. If the flooring is constructed
of metal strands, such strands must either be greater than
one-eighth inch in diameter (nine gauge wire) or shall be
coated with a material such as plastic or fiberglass, and
shall be constructed so as not to allow passage of the
animal's feet through any opening in the floor of the
enclosure. Such flooring shall not sag or bend substantially
between structural supports.
Housing facilities shall be adequately ventilated at all
times to provide for the health and well-being of the
animal. Ventilation shall be provided by natural or
mechanical means, such as windows, vents, fans, or air
conditioners. Ventilation shall be established to minimize
drafts, odors, and moisture condensation.
The temperature surrounding the animal shall be compatible
with the health and well-being of the animal. Temperature
shall be regulated by heating and cooling to sufficiently
protect each animal from extremesof temperature and shall
not be permitted to fall below or rise above ranges which
would pose a health hazard to the animal. This shall include
supplying shade from sunlight by natural or artificial
means.
The indoor facilities housing the animals shall be provided
with adequate lighting sufficient to permit routine
inspection and cleaning and be arranged so that each animal
is protected from excessive illumination which poses a
health hazard to the animal.
The indoor and outdoor facilities housing the animals,
including the primary enclosure or cage, shall be designed
to allow for the efficient elimination of animal waste and
water in order to keep the animal dry and prevent the animal
from coming into contact with these substances. If drains
are used they shall be constructed in a manner to minimize
foul odors and backup of sewage. If a drainage system is
used it shall comply with federal, state, and local laws
relating to pollution control.
In the event that a pet dealer has a pregnant or nursing dog
on his or her premises, the pet dealer shall provide a
whelping box for such dog.
2. Sanitation. Housing facilities, including primary
enclosures and cages, shall be kept in a clean condition in
order to maintain a healthy environment for the animal. This
shall include removing and destroying any agents injurious
to the health of the animal and periodic cleanings. The
primary enclosure or cage shall be constructed so as to
eliminate excess water, excretions, and waste material.
Under no circumstances shall the animal remain inside the
primary enclosure or cage while it is being cleaned with
sterilizing agents or agents toxic to animals or cleaned in
a manner likely to threaten the health and safety of the
animal. Trash and waste products on the premises shall be
properly contained and disposed of so as to minimize the
risks of disease, contamination, and vermin.
3. Feeding and watering.
Animals shall be provided with wholesome and palatable food,
free from contamination and of nutritional value sufficient
to maintain each animal in good health.
Animals shall be adequately fed at intervals not to exceed
twelve hours or at least twice in any twenty-four hour
period in quantities appropriate for the animal species and
age, unless determined otherwise by and under the direction
of a duly licensed veterinarian.
Food receptacles shall be provided in sufficient number,
ofadequate size, and so located as to enable each animal in
the primary enclosure or cage to be supplied with an
adequate amount of food.
Animals shall be provided with regular access to clean,
fresh water, supplied in a sanitary manner sufficient for
its needs, except when there are instructions from a duly
licensed veterinarian to withhold water for medical reasons.
4. Handling. Each animal shall be handled in a humane manner
so as not to cause the animal physical injury or harm.
5. Veterinary care.
All animals shall be inoculated as required by state or
local law. Veterinary care appropriate to the species shall
be provided without undue delay when necessary. Each animal
shall be observed each day by the pet dealer or by a person
working under the pet dealer's supervision.
Within five business days of receipt, but prior to sale of
any dog, the pet dealer shall have a duly licensed
veterinarian conduct an examination and tests appropriate to
the age and breed to determine if the animal has any medical
conditions apparent at the time of the examination that
adversely affect the health of the animal. For animals
eighteen months of age or older, such examination shall
include a diagnosis of any congenital conditions that
adversely affect the health of the animal. Any animal found
to be afflicted with a contagious disease shall be treated
and caged separately from healthy animals.
If an animal suffers from a congenital or hereditary
condition, disease, or illness which, in the professional
opinion of the pet dealer's veterinarian, requires
euthanasia, the veterinarian shall humanely euthanize such
animal without undue delay.
In the event an animal is returned to a pet dealer due to a
congenital or hereditary condition, illness, or disease
requiring veterinary care, the pet dealer shall, without
undue delay, provide the animal with proper veterinary care.
6. Humane euthanasia. Humane euthanasia of an animal shall
be carried out in accordance with section three hundred
seventy-four of this chapter.
402. Records of purchase and sale. Each pet dealer shall
keep and maintain records for each animal purchased,
acquired, held, sold, or otherwise disposed of. The records
shall include the following:
1. The name and address of the person from whom each animal
was acquired. If the person from whom the animal was
obtained is a dealer licensed by the United States
department of agriculture, the person's name, address, and
federal dealer identification number. In the case of cats,
if a cat is placed in the custody or possession of the pet
dealer and the source of origin is unknown, the pet dealer
shall state the source of origin as unknown, accompanied by
the date, time, and location of receipt. Notwithstanding the
provisions of this subdivision, no pet dealer shall
knowingly buy, sell, exhibit, transport, or offer for sale,
exhibition, or transportation any stolen animal. No pet
dealer shall knowingly sell any cat or dog younger than
eight weeks of age.
2. The original source of each animal if different than the
person recorded in subdivision one of this section.
3. The date each animal was acquired.
4. A description of each animal showing age, color,
markings, sex, breed, and any inoculation, worming, or other
veterinary treatment or medication information available.
Records shall also include any other significant
identification, if known, for each animal, including any
official tag number, tattoo, or implant.
5. The name and address of the person to whom any animal is
sold, given, or bartered or to whom it is otherwise
transferred or delivered. The records shall indicate the
date and method of disposition.
6. Records for each animal shall be maintained for a period
of two years from the date of sale or transfer, whichever
occurs later. During normal business hours, the records
shall be made available to persons authorized by law to
enforce the provisions of this article.
403. Licenses.
1. No person shall operate as a pet dealer unless such
person holds a license issued therefor by the commissioner.
Notwithstanding the foregoing, a pet dealer, in operation on
or before the effective date of this section, who has filed
an application for an initial license under this article
shall be authorized to operate without such license until
the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license. Each application
for a license shall be made on a form supplied by the
department and shall contain such information as may be
required by the department. Renewal applications shall be
submitted to the commissioner at least thirty days prior to
the commencement of the next license year.
2. The commissioner may delegate his or her authority
pursuant to this section to issue pet dealer licenses to the
county or city where the pet dealer seeking licensure is
located. Such delegation shall be pursuant to an agreement
entered into by the commissioner and such city or county.
3. Each application for a license shall be accompanied by a
nonrefundable fee of one hundred dollars, except that those
pet dealers who engage in the sale of less than twenty-five
animals in a year, shall pay a nonrefundable fee of
twenty-five dollars.
4. The moneys received by the commissioner pursuant to this
section shall be deposited in the "pet dealer licensing
fund" established pursuant to section ninety-seven-rr of the
state finance law.
5. Where the authority to issue pet dealer licenses is
delegated to the county or city pursuant to subdivision two
of this section, that county or city shall, on or before the
fifth day of each month, remit to the appropriate municipal
financial officer one hundred percent of all license fees
collected during the preceding month. The remittance shall
be accompanied by a report of license sales made during such
month. A copy of such report shall simultaneously be sent to
the commissioner. All license fees so remitted shall be the
property of the municipality, and shall be used solely for
the purpose of carrying out and enforcing the provisions of
this article and of article thirty-five-D of the general
business law.
6. Inspection in accordance with section four hundred five
of this article, the results of which establish compliance
with the provisions of this article and with the provisions
of article thirty-five-D of the general business law
regarding recordkeeping and consumer disclosure requirements
for pet dealers, shall precede issuance of a license or
renewal thereof under this section.
7. Upon validation by the commissioner or the county or city
authorized under this section to issue pet dealer licenses,
the application shall become the license of the pet dealer.
8. The commissioner shall provide a copy of the license to
the pet dealer. The commissioner shall also retain a copy of
the license. In those counties where the commissioner has
delegated the licensing authority to the county or city that
county or city shall, provide a copy of the license to the
pet dealer and a copy to the commissioner. The county or
city shall also retain a copy of the license in its own
records.
9. No pet dealer shall publish or advertise the sale or
availability of any dog or cat unless the publication or
advertisement is accompanied by the pet dealer's license
number. Notwithstanding the foregoing, a pet dealer, in
operation on or before the effective date of this section,
who has filed an application for an initial license under
this article may publish or advertise the sale or
availability of any dog or cat without the publication or
advertisement being accompanied by the pet dealer's license
number until the commissioner grants or, after notice and
opportunity to be heard, declines to grant such license.
10. Such license shall be renewable annually, together with
the payment of a nonrefundable fee of one hundred dollars,
or upon payment of a nonrefundable fee of twenty-five
dollars for those pet dealers who engage in the sale of less
than twenty-five animals in a year.
11. Pet dealers shall conspicuously display their license on
the premises where the animals are kept for sale so that
they may be readily seen by potential consumers.
404. License refusal, suspension, or revocation. The
commissioner may decline to grant or renew or may suspend or
revoke a pet dealer license, on any one of the following
grounds:
1. Material misstatement in the license application.
2. Material misstatement in or falsification of records
required to be kept pursuant to this article, or under any
regulation promulgated thereunder, or failure to allow the
commissioner or his or her authorized agents to inspect
records or pet dealer facilities.
3. Violation of any provision of this article or conviction
of a violation of any provision of article twenty-six of
this chapter or regulations promulgated thereunder
pertaining to humane treatment of animals, cruelty to
animals, endangering the life or health of an animal, or
violation of any federal, state, or local law pertaining to
the care, treatment, sale, possession, or handling of
animals or any regulation or rule promulgated pursuant
thereto relating to the endangerment of the life or health
of an animal.
4. Before any license shall be suspended or revoked, the
commissioner, or any hearing officer he or she may
designate, shall hold a hearing, upon due notice to the
licensee, in accordance with any regulations promulgated by
the department and in accordance with articles three and
four of the state administrative procedure act.
5. Any action of the commissioner shall be subject to
judicial review in a proceeding under article seventy-eight
of the civil practice law and rules.
405. Inspection of pet dealers.
1. The commissioner or his or her authorized agents shall,
at a minimum, make yearly inspections of pet dealers'
facilities to ensure compliance with the provisions of this
article and with the provisions of article thirty-five-D of
the general business law, except for those pet dealers who
engage in the sale of less than twenty-five animals in a
year, in which case inspections shall be made whenever in
the discretion of the commissioner or his or her authorized
agents, a complaint warrants such investigation.
2. The commissioner may, pursuant to an agreement entered
into with a county or city delegate the authority to conduct
inspections of pet dealers and to respond to complaints
concerning pet dealers to such county or city where the pet
dealer is located; provided however such delegation of
inspection authority shall only be permitted where the
commissioner has delegated his or her authority to issue
licenses pursuant to section four hundred three of this
article.
3. Any person conducting an inspection of a pet dealer or
responding to a complaint concerning a pet dealer shall be
specifically trained in the proper care of cats and dogs and
in the investigation and identification of cruelty to
animals.
406. Violations.
1. In addition to the penalties provided for elsewhere in
this section, a pet dealer who violates any provisions of
this article may be subject to denial, revocation,
suspension, or refusal of renewal of his or her license in
accordance with the provisions of section four hundred four
of this article.
2. Violation of any provision of this article, is a civil
offense, for which a penalty of not less than fifty dollars
and not more than one thousand dollars for each violation
may be imposed.
3. The provisions of this article may be enforced
concurrently by the department and by the county or city to
which the commissioner has delegated his or her licensing
and inspection authority pursuant to section four hundred
three and four hundred five of this article, and all moneys
collected thereunder shall be retained by such municipality
or local government.
407. Construction with other laws.
Nothing in this article shall be construed to limit or
restrict agents or officers of societies for the prevention
of cruelty to animals or the police from enforcing other
provisions of article twenty-six of this chapter or any
other law relating to the humane treatment of or cruelty to
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