Bill Text: NY S05432 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the disclosure of the cause of death of certain companion animals; authorizes the inspection of pet dealers' facilities upon such deaths; requires the department of agriculture and markets develop a rating system for pet dealers and make certain information available on the department's website; requires pet dealers to reimburse consumers if an animal dies within six months of the sale of such animal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S05432 Detail]

Download: New_York-2023-S05432-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5432

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in  relation  to  disclosure  of  the
          cause  of death of certain companion animals; to amend the agriculture
          and markets law, in relation to  authorizing  the  inspection  of  pet
          dealers'  facilities  upon  certain deaths of companion animals and in
          relation to requiring that the department develop a rating system  for
          pet dealers and make certain information available on the department's
          website; and to amend the general business law, in relation to requir-
          ing  pet  dealers  to reimburse consumers if an animal dies within six
          months of the sale of such animal

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  6714 of the education law is amended by adding a
     2  new subdivision 5 to read as follows:
     3    5. A veterinarian licensed pursuant to this article shall disclose the
     4  cause of death and may disclose any other relevant records for a compan-
     5  ion animal to the  department  of  agriculture  and  markets  when  such
     6  companion  animal's  death  is  due  to  illness, disease, or congenital
     7  condition and such death occurs within six months of the owner obtaining
     8  such companion animal from a pet dealer,  as  defined  in  section  four
     9  hundred  of  the  agriculture and markets law.  Such disclosure shall be
    10  made on a form provided by the department of agriculture and markets and
    11  shall include the name and address of the  pet  dealer  from  which  the
    12  companion animal was obtained.
    13    §  2.    Section  405 of the agriculture and markets law is amended by
    14  adding a new subdivision 4 to read as follows:
    15    4. The commissioner or his or her authorized  agents  may  conduct  an
    16  inspection  of pet dealers' facilities whenever in the discretion of the
    17  commissioner or his or  her  authorized  agents  a  disclosure  required
    18  pursuant  to subdivision five of section sixty-seven hundred fourteen of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09109-01-3
        S. 5432                             2

     1  the education law warrants such investigation.  Where the department has
     2  received more than one such disclosure, the  department  may  commission
     3  with  the  society  for  the  prevention of cruelty to animals or animal
     4  control  agency  located  within  the  county in which the office of the
     5  veterinarian making such disclosure is located to inspect the pet  deal-
     6  ers'  facilities and to audit the paperwork for all companion animals in
     7  such pet dealers' facilities  to  ensure  such  companion  animals  were
     8  purchased from a breeder licensed by the state.
     9    § 3. Subdivision 11 of section 403 of the agriculture and markets law,
    10  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
    11  follows:
    12    11. Pet dealers shall conspicuously display their license on the prem-
    13  ises where the animals are kept for sale so that  they  may  be  readily
    14  seen  by  potential  consumers.  Pet  dealers  shall  also conspicuously
    15  display on the window of the premises a placard containing   information
    16  for  the  department's  website  and where on such website customers can
    17  access such pet dealer's  rating,  inspection  reports,  and  copies  of
    18  documentation  relating  to  the  death of any companion animals sold by
    19  such pet dealer.   Any pet dealer that does  not  display  such  placard
    20  shall  be  fined  five hundred dollars for a first offense, one thousand
    21  dollars for a second offense, and two thousand five hundred dollars  for
    22  a third and any subsequent offense.
    23    §  4.  Section  16  of  the  agriculture and markets law is amended by
    24  adding a new subdivision 50-a to read as follows:
    25    50-a. Develop a rating system for pet dealers within the  state  based
    26  on the results of inspections conducted pursuant to section four hundred
    27  five  of  this  chapter  and  the receipt of disclosures of the cause of
    28  death and any other relevant records for a companion animal's  cause  of
    29  death.    The  rating of each pet dealer, the inspection reports of each
    30  pet dealer, and any disclosure or other record relating to the cause  of
    31  death of a companion animal sold by each pet dealer shall be made avail-
    32  able on the department's website.
    33    §  5.  Section  753 of the general business law is amended by adding a
    34  new subdivision 1-a to read as follows:
    35    1-a. If, within one hundred eighty calendar days following the sale of
    36  an animal subject to this article  or  receipt  of  the  written  notice
    37  required  by section seven hundred fifty-four of this article, whichever
    38  occurred last, such animal dies, the consumer shall  receive  reimburse-
    39  ment  from the pet dealer for the cost of the animal and for any veteri-
    40  nary services from a licensed veterinarian of the  consumer's  choosing,
    41  for  the  purpose  of attempting to cure the animal.  Such reimbursement
    42  shall be made by the pet dealer not later than ten business days follow-
    43  ing receipt of documentation confirming the death of such animal  and  a
    44  signed  veterinary  certification as herein required. Such documentation
    45  and veterinary certification shall be presented to the  pet  dealer  not
    46  later  than three business days following receipt thereof by the consum-
    47  er.
    48    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    49  have become a law. Effective immediately, the addition, amendment and/or
    50  repeal  of  any  rule  or regulation necessary for the implementation of
    51  this act on its effective date are authorized to be made  and  completed
    52  on or before such effective date.