|
|
|
PET STORE LICENSING LAW
New York State Agriculture & Markets Law Article 26-A
*To take effect 04/01/02
* ARTICLE 26-A NYS Agriculture and Markets Law
CARE OF ANIMALS BY PET DEALERS
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.
* NB Effective April 1, 2002
Section 400. Definitions.
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.
* NB Effective April 1, 2002
Section 400-a. Preemption of local laws.
* § 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
. * NB Effective April 1, 2002
Section 401. Minimum standards of animal care.
* § 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. (a) 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.
(b) 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.
(c) 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.
(d) 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 extremes of 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.
(e) 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.
(f) 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.
(g) 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. (a) Animals shall be provided with
wholesome and palatable food, free from contamination and of
nutritional value sufficient to maintain each animal in good health.
(b) 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.
(c) Food receptacles shall be provided in sufficient number, of
adequate size, and so located as to enable each animal in the
primary enclosure or cage to be supplied with an adequate amount of
food.
(d) 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. (a) 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.
(b) 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.
(c) 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.
(d) 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.
* NB Effective April 1, 2002
Section 402. Records of purchase and sale.
* § 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.
* NB Effective April 1, 2002
Section 403. Licenses.
* § 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.
* NB Effective April 1, 2002
Section 404. License refusal, suspension, or revocation.
* § 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.
* NB Effective April 1, 2002
Section 405. Inspection of pet dealers.
* § 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
[Animal Lemon 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.
* NB Effective April 1, 2002
Section 406. Violations.
* § 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.
* NB Effective April 1, 2002
Section 407. Construction with other laws.
* § 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 animals.
* NB Effective April 1, 2002
|
