Since the number of pet sales necessary to fall within the definition of a “pet dealer” is fairly low, a lot of hobby breeders in N.Y. will have to know this Law. This Law does apply to both cats and dogs.
Pros: effects only very active hobby breeders
Cons: covering veterinary expenses for diagnostic tests might double the obligation for the seller.
* Applies to: pet dealer (any one who engages in the sale of more than 9 animals per year).
* Contagious or Infectious Disease: 14 days
* Congenital or Hereditary Defects: 14 days
* Failure to Produced Advertised Registration Papers: no
* Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.
* Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.
* Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog.
Every pet dealer in New York who sells an animal to a consumer shall post a notice clearly visible to the consumer and provide the consumer at the time of sale with a written notice, printed or typed, setting forth the rights provided under this article. Such notices shall be prescribed by the commissioner, but the written notice may be contained in a written contract, an animal history certificate or separate document, provided such notices are in ten-point boldface type.
Read More :
A new pet dealer law entitled Agriculture and Markets Article 26-A,
“Care of Animals by Pet Dealers”
* ARTICLE 26-A
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 May 31, 2002
* S 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, associ-
ation, 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 breed-
ers 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 May 31, 2002
* S 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, regu-
lation, 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 May 31, 2002
* S 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 imper-
vious 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 substan-
tially 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 illumi-
nation 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 effi-
cient 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 with-
hold 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 exam-
ination that adversely affect the health of the animal. For animals
eighteen months of age or older, such examination shall include a diag-
nosis 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 deal-
er`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 veter-
inary 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 chap-
ter.
* NB Effective May 31, 2002
* S 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 May 31, 2002
* S 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 with-
out such license until the commissioner grants or, after notice and
opportunity to be heard, declines to grant such license. Each applica-
tion 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 coun-
ty.
3. Each application for a license shall be accompanied by a nonrefund-
able 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 pursu-
ant 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 author-
ized 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 prem-
ises where the animals are kept for sale so that they may be readily
seen by potential consumers.
* NB Effective May 31, 2002
* S 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 ther-
eunder, 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 endan-
germent 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 May 31, 2002
* S 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 pursu-
ant 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 identifi-
cation of cruelty to animals.
* NB Effective May 31, 2002
* S 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 May 31, 2002
* S 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 relat-
ing to the humane treatment of or cruelty to animals.
* NB Effective May 31, 2002
Source: www.malteseonly.com
