[Adopted 3-22-2017 by L.L. No. 2-2017]
Many Ulster County residents own dogs and cats. The Ulster County
Legislature finds that Ulster County residents feel a great deal of
affection for their dogs and cats and consider them to be a part of
their family and, accordingly, invest significant amounts of money
in their care and maintenance. Dogs and cats are made available to
the public from a number of different sources, including, but not
limited to, breeders, dealers, and pet sellers. The Legislature finds
that breeders, dealers, and pet sellers vary in their treatment of
cats and dogs and that some operate substandard commercial facilities
that expose dogs and cats to inhumane and unsafe living conditions.
The Legislature further finds that some breeders, dealers, and pet
sellers will sell animals that are unfit for sale due to, among other
things, diseases or congenital conditions. Therefore, the Legislature
deems that the regulation of breeders, dealers, and pet sellers is
necessary to protect the health, safety, and general welfare of Ulster
County residents.
As used in this article, the following terms shall have the
meanings indicated:
A dog or cat.
An illness that is apparent to a veterinarian based on observation,
examination or testing of an animal or upon review of the medical
records relating to the animal.
The Commissioner of the Ulster County Department of Health.
Any individual purchasing an animal from a pet seller or
a residential breeder. A pet seller or a residential breeder shall
not be considered a consumer.
The Ulster County Department of Health.
Any person who:
Sells dogs belonging to such person that he or she has not bred
on his or her own premises to a pet seller in Ulster County for resale
to a consumer; or
Transfers dogs belonging to another to a pet seller in Ulster
County for any type of consideration, fee, commission or percentage
of sales price.
Any person who sells dogs he or she has bred on his or her
own premises for resale by a dog dealer or pet seller in Ulster County.
A structure that provides animals with shelter, protection
from the elements and protection from extremes of temperature. A housing
facility may contain primary enclosures as defined in this section.
A surgical procedure that is necessary to preserve or restore
the health of an animal, to prevent an animal from experiencing pain
or discomfort, or to correct a condition that would interfere with
an animal's ability to walk, run, jump or otherwise function in a
normal manner.
Any individual, corporation, partnership, association, municipality
or other legal entity.
Any person in Ulster County who engages in the sale or offering
for sale of nine or more dogs or cats per calendar year or who breeds
more than two litters of dogs or cats per calendar year for sale to
the public for profit. This definition shall not include a residential
breeder; nor shall this definition include duly incorporated humane
societies or animal protective associations dedicated to the care
of unwanted animals which make such animals available for adoption,
whether or not a fee is charged for such adoption.
A structure that restricts an animal's ability to move in
a limited amount of space, most commonly a cage, kennel, room or other
enclosed compartment.
A breeder who sells or offers to sell directly to a consumer
animals that are born and raised on the breeder's primary residential
premises and shall not be considered a pet seller as a result of selling
or offering to sell such animals.
A.
It is unlawful for any pet seller to display, offer for sale, sell,
barter or exchange for any consideration any dog or cat within Ulster
County without first obtaining a pet seller's permit from the Commissioner.
B.
The Commissioner shall issue permits to pet sellers only upon proof
that the animals displayed, offered for sale or sold by such sellers
are raised and maintained in accordance with the terms contained in
this article.
C.
For purposes of this article, a dog or cat is raised and maintained
in a safe and healthy manner when:
(1)
The dog or cat is kept by a pet seller in compliance with the minimum standards of care required by § 152-24 of this article; and
A.
It is unlawful for any residential breeder to display, offer for
sale, sell, barter or exchange for any consideration more than 15
dogs or cats within Ulster County without first obtaining a residential
breeder's permit from the Commissioner.
B.
The Commissioner shall issue permits to residential breeders only upon proof that the animals displayed, offered for sale or sold by such breeders are raised and maintained in accordance with § 152-29 of this article.
C.
A residential breeder permit shall be valid for five years from the
date of issue.
A.
No person shall operate as a pet seller or a residential breeder
in Ulster County unless such person holds the appropriate permit issued
by the Commissioner. A pet seller or residential breeder in operation
as a pet seller or residential breeder on or before the effective
date of this section who has filed an application for an initial permit
under this article shall be authorized to operate without such permit
until the Commissioner grants or, after notice and an opportunity
to be heard, declines to grant such permit. Each application for a
permit shall be made on a form supplied by the Department and shall
contain such information as may be required by the Department. Renewal
applications for pet seller permits shall be submitted to the Commissioner
at least 30 days prior to the commencement of the next permit year.
Residential breeders shall submit renewal applications for residential
breeder permits to the Commissioner at least 30 days prior to the
expiration of the five-year permit.
B.
Proof to the satisfaction of the Commissioner of compliance with
the requirements of this article and with other applicable provisions
of this article shall precede issuance of a pet seller or residential
breeder permit.
C.
Prior to the issuance of a pet seller or residential breeder permit,
the pet seller or residential breeder shall provide proof that it
is in compliance with the requirements of this article and any rules
or regulations thereunder. Upon approval by the Commissioner, the
appropriate permit shall be issued.
D.
The Commissioner shall provide a copy of the permit to the pet seller
or residential breeder and retain the original permit.
E.
No pet seller or residential breeder shall publish or advertise the
sale or availability of any dog or cat unless the publication or advertisement
is accompanied by the pet seller's or residential breeder's permit
number. Notwithstanding the foregoing, a pet seller or residential
breeder in operation on or before the effective date of this article
who has filed an application for an initial permit may publish or
advertise the sale or availability of any dog or cat without the publication
or advertisement being accompanied by the pet seller's or residential
breeder's permit number until the Commissioner grants or, after notice
and an opportunity to be heard, declines to grant such permit.
F.
Pet sellers or residential breeders shall conspicuously display their
permits on the premises where the animals are kept for sale so that
they can be seen by potential consumers.
A.
Convictions. The Commissioner shall not issue or renew, and shall suspend or revoke, a pet seller or residential breeder permit issued pursuant to § 152-19 of this article based on a conviction of a violation of any provision of Article 26 of the Agriculture and Markets Law, or equivalent in the Penal Law, or regulations promulgated thereunder pertaining to the inhumane treatment of animals, cruelty to animals, endangering the life or welfare of an animal, or violation of 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.
B.
Outstanding fines or penalties. The Commissioner shall not issue
or renew a pet seller or residential breeder permit if there are unpaid
or outstanding fines, penalties, or forfeitures imposed by the Commissioner
for violations of this article.
C.
Outstanding uncorrected violations. The Commissioner shall not issue
a new permit to any pet seller or residential breeder who has any
outstanding, uncorrected violations of this article.
D.
The Commissioner may decline to grant or renew, or may suspend or
revoke, a pet seller or residential breeder permit based on the following
grounds:
(1)
Material misstatement in the permit application; or
(2)
Material misstatement in or falsification of records required to
be kept pursuant to this article, or under any regulation promulgated
thereunder; or
(3)
Failure to allow the Commissioner or his or her authorized agents
to inspect records or the pet seller's or residential breeder's facilities.
E.
The acceptance of an application for a new permit shall not prevent
the Commissioner from taking any action that he or she deems necessary,
including but not limited to, denial of a permit if an investigation
or prepermit inspection discloses conditions or circumstances indicating
that a new permit should not be issued.
F.
Any pet seller or residential breeder who is found to be in violation
of this article may have his or her pet seller or residential breeder
permit suspended for up to three months for a first offense; up to
six months for a second offense within a two-year period; or revoked
for a third offense within a two-year period. Before any pet seller
or residential breeder permit 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 permit holder in accordance with regulations
promulgated by the Department. Any such violator may also be required
to complete a training program designated by the Department prior
to reinstatement of such license.
G.
Any action of the Commissioner may be subject to judicial review
in a proceeding under Article 78 of the Civil Practice Law and Rules.
A.
The Commissioner or the Commissioner's authorized agents shall inspect
a pet seller's or a residential breeder's facilities at the Commissioner's
discretion to ensure compliance with the provisions of this article.
B.
Any person conducting an inspection of a pet seller or a residential
breeder or responding to a complaint concerning a pet seller or a
residential breeder pursuant to this article shall be a County employee
specifically trained in the proper care of cats and dogs and in the
investigation and identification of animal cruelty. The Commissioner
may promulgate regulations governing the form and content of such
training.
A.
Pet sellers shall comply with the following minimum standards of
care for every dog or cat in their custody or possession.
(1)
Housing.
(a)
Except where dogs or cats are permitted to roam freely inside
a pet seller's residential premises, animals shall be housed in primary
enclosures or cages that are structurally sound and maintained in
good repair so as to prevent the dog or cat from escaping from the
enclosure and protect it from injury. Surfaces shall be impervious
and not permit absorption of fluids and allow thorough and repeated
cleaning and disinfection without deteriorating or retaining odors.
"Impervious surfaces" may include sealed concrete, ceramic tile, sealed
wood, stainless steel or other materials that do not permit absorption
of fluids, allow thorough and repeated cleaning and disinfection without
deteriorating or retaining odors, and do not violate any other provision
contained within this section.
(b)
Primary enclosures or cages housing animals shall provide sufficient
space to allow each animal adequate freedom of movement to make normal
postural adjustments, including the ability to stand up, sit, turn
around, and lie down with its limbs outstretched. If the flooring
is constructed of metal strands, such strands must be greater than
1/8 inch in diameter (nine gauge) and be coated with a material such
as plastic or fiberglass, and shall be constructed so as not to allow
passage of any part of an animal's foot through any opening on the
floor of the enclosure. The flooring must be in good repair and must
not sag or bend 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, ammonia levels 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)
Indoor housing facilities shall have adequate lighting sufficient
to permit routine inspection and cleaning and arranged so that each
animal is protected from excessive illumination, which may pose a
health hazard to the animal. Animal areas must be provided with a
regular diurnal light cycle of either natural or artificial light.
(f)
The indoor and outdoor facilities housing the dog or cat, including
the primary enclosure or cage, shall be kept in a clean and sanitary
condition in order to provide animals with a safe and healthy living
environment. They shall be designed to allow for efficient elimination
of waste and water in order to keep the animal dry and prevent it
from coming into contact with these substances, except water for drinking
purposes. 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 seller has a pregnant or nursing dog
on the pet seller's premises, the pet seller shall provide a whelping
box for such dog. Each nursing dog shall be provided with an additional
amount of floor space, based on her breed and behavioral characteristics,
in accordance with generally accepted husbandry practices as determined
by a licensed veterinarian.
(h)
Pet sellers shall designate and provide an isolation area for
animals that exhibit symptoms of or are known to be harboring a contagious
disease or illness. This designated area must be in a location that
prevents or reduces the spread of disease or illness to healthy animals
and must otherwise meet all housing requirements of this section.
(2)
Sanitation.
(a)
Housing facilities and primary enclosures contained within those
facilities shall be kept in a clean and sanitary condition in order
to maintain a safe and healthy environment for the animal. This shall
include removing and destroying any agents injurious to the animals,
where appropriate, and periodic cleanings.
(b)
Primary enclosures must be cleaned daily and sanitized at least
once every two weeks using one of the following methods:
[1]
Live steam under pressure.
[2]
Washing with water with a temperature of at least 180ºF.
and with soap or detergent.
[3]
Washing all soiled surfaces with appropriate detergent solutions
and disinfectant or by using a combination detergent or disinfectant
product that accomplishes the same purpose with a thorough cleaning
of the surfaces to remove excreta, feces, hair, dirt, debris and food
waste so as to remove all organic and mineral buildup and to provide
sanitization, followed by a clean water rinse.
[4]
Dirt, sand, gravel, grass, absorbent bedding, or other similar
material must be spot cleaned daily. These surfaces must be raked
or spot cleaned often enough to ensure that all animals in the enclosure
can avoid contact with excreta. Contaminated material must be replaced
when raking and spot cleaning are not sufficient to prevent or eliminate
odors or infestations of insects, pests, or other vermin.
(c)
Under no circumstances shall a dog or cat remain inside the
primary enclosure or cage while it is being cleaned with live steam,
sterilizing agents or agents toxic to the animal, 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 food that is of nutritional value
sufficient to maintain each animal in good health and that is free
from contamination.
(b)
Dogs and cats shall be adequately fed at intervals not to exceed
12 hours or at least twice in any twenty-four-hour period in quantities
appropriate for the animal species, age, and size, unless determined
otherwise by and under the direct supervision of a duly licensed veterinarian.
(c)
Sanitary food receptacles shall be provided in sufficient number,
of adequate size, and located so as to enable each animal in the cage
or primary enclosure to be supplied with an adequate amount of food.
(d)
Animals shall be provided with constant access to clean, fresh
water that is supplied in a sanitary manner and sufficient for their
needs, except where there are instructions from a duly licensed veterinarian
to withhold water for medical reasons.
(4)
Handling. Each dog or cat shall be handled in a humane manner so
as not to cause the animal physical injury, harm, or undue stress.
(5)
Veterinary care.
(a)
Any pet seller operating pursuant to this article shall designate
an attending veterinarian, who shall provide veterinary care to the
pet seller's animals, which shall include a written program of veterinary
care and regular visits to the pet seller's premises or regular visits
of the animals to the attending veterinarian's office. Such program
of veterinary care shall include:
[1]
The availability of appropriate facilities, personnel, equipment
and services to comply with the provisions of this article;
[2]
The use of methods determined to be appropriate by the attending
veterinarian to prevent, control, and respond to diseases and injuries,
and the availability of emergency, weekend, and holiday care;
[3]
Daily observation of all animals to assess their health and well-being; provided however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in Subsection A(5)(a)[4]; and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior and well-being is conveyed to the attending veterinarian;
[4]
Adequate guidance to personnel involved in the care of animals
regarding handling and immobilization;
[5]
Preprocedural and postprocedural care in accordance with established
veterinary medical and nursing procedures.
(b)
In the case of dog source breeders who sell or offer to sell
nine or more dogs per year to the public that are born and raised
on the dog source breeder's residential premises, there shall be annual
veterinary examinations, at a minimum, for all intact adult dogs or
cats on such dog source breeder's premises.
(c)
All dogs and cats shall be inoculated as required by state or
local law. Veterinary care appropriate to the species shall be provided
as necessary and without undue delay. Each animal shall be observed
each day by the pet seller or by a person working under the pet seller's
supervision.
(d)
Within five business days of the pet seller's receipt of any dog, but prior to the sale of the dog, the pet seller 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 affects its health. For animals 18 months of age or older, the examination shall include examination for any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from other animals in the isolation area required in Subsection A(1)(h) of this section.
(e)
If an animal suffers from a congenital or hereditary condition,
disease or illness which, in the professional opinion of the pet seller's
veterinarian, requires euthanasia, the veterinarian shall humanely
euthanize the animal without undue delay.
(f)
In the event that an animal is returned to a pet seller due
to a congenital or hereditary condition, illness, or disease requiring
veterinary care, the pet seller shall, without undue delay, provide
the animal with proper veterinary care.
(6)
Humane euthanasia. Humane euthanasia of an animal shall be carried
out only by a veterinarian duly licensed in the State of New York
and in accordance with § 374 of the New York State Agriculture
and Markets Law.
(7)
Exercise requirements. Pet sellers shall develop, maintain, document
and implement an appropriate plan to provide animals with the opportunity
for daily exercise. In developing such plan, consideration should
be given to providing positive physical contact with people that encourages
exercise through play or other similar activities. Such written plan
shall be approved by the attending veterinarian and shall be provided
to the Department, or its duly designated agent, annually and in accordance
with any regulations it may promulgate.
(8)
Fire and carbon monoxide safety.
(a)
All pet sellers' premises must be equipped with a smoke alarm
that operates properly and must have a means of fire suppression,
such as fire extinguishers, on the premises, and be in good repair.
Pet sellers, except those who maintain dogs or cats solely on residential
premises, must also have an automatic means of fire suppression, such
as a sprinkler system, on the premises, and it must be in good repair.
The Commissioner may waive the requirement for an automatic fire suppression
system upon adequate proof that it would be an undue hardship to the
pet seller.
(b)
All pet sellers' premises must also be equipped with a carbon
monoxide detector that operates properly and is, at all times, in
good repair.
(9)
Grooming. All dogs and cats shall be groomed regularly to prevent
excessive matting of fur, overgrown toenails and flea and tick infestation,
and to maintain the health of the animal in accordance with the needs
of each breed.
A.
Sale of animals: unfit for purchase provisions.
(1)
If, within 14 business days following the sale of an animal subject to this article or receipt of the information statement required by Subsection B of this section, whichever occurred last, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to illness, congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, or if, within 180 calendar days following such sale or receipt, whichever occurred last, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, the pet seller shall afford the consumer the right to choose one of the following options:
(a)
The right to return the animal and receive a refund of the purchase
price, including sales tax and reasonable veterinary costs directly
related to the licensed veterinarian's certification that the animal
is unfit for purchase pursuant to this section;
(b)
The right to return the animal and to exchange it for another
animal of the consumer's choice of the same purchase price, and reasonable
veterinary costs directly related to the licensed veterinarian's certification
that the first animal is unfit for purchase pursuant to this section;
or
(c)
The right to retain the animal and to receive reimbursement
from the pet seller for veterinary services from a licensed veterinarian
of the consumer's choosing, for the purpose of curing or attempting
to cure the animal. The reasonable value of reimbursable services
rendered to cure or attempt to cure the animal shall not exceed the
purchase price of the animal. The value of such services is reasonably
comparable to the value of similar services rendered by other licensed
veterinarians in proximity to the treating veterinarian. Such reimbursement
shall not include the costs of initial veterinary examination fees
and diagnostic fees not directly related to the licensed veterinarian's
certification that the animal is unfit for purchase pursuant to this
section.
(2)
No pet seller shall knowingly sell an animal that has a diagnosed
congenital condition or contagious disease that adversely affects
the health of the animal without first informing the consumer, in
writing, of such condition.
(3)
The Commissioner shall promulgate regulations that prescribe a form for and the content of the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. Such form shall include, but not be limited to: information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended, if any, and an estimate or the actual cost of such treatment. Such form shall also include the information statement prescribed by Subsection B of this section.
(4)
The Commissioner shall promulgate regulations that prescribe information
which shall be provided in writing by the pet seller to the consumer
upon the sale of the animal. Such information shall include, but not
be limited to: a description, including breed of the animal, the date
of purchase, the name, address and telephone number of the consumer,
and the amount of the purchase. The pet seller shall certify such
information by signing the document in which it is contained.
(5)
The refund and/or reimbursement required by Subsection A(1) of this section shall be made by the pet seller no later than 10 business days following receipt of a signed veterinary certification herein required. Such certification shall be presented to the pet seller no later than three business days following receipt thereof by the consumer.
(6)
Every pet seller who sells an animal to a consumer that requires
vaccination against rabies pursuant to Public Health Law § 2141
shall provide the consumer at point of sale with a written notice
provided by the Department summarizing rabies immunization requirements.
(7)
A veterinary finding of intestinal parasites shall not be grounds
for declaring an animal unfit for sale unless the animal is clinically
ill due to such condition. An animal may not be found unfit for sale
on account of an injury sustained or illness contracted subsequent
to the consumer taking possession thereof.
(8)
In the event that a pet seller wishes to contest a demand for refund, exchange, or reimbursement made by a consumer pursuant to this section, such seller shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such pet seller. Upon such examination, if the consumer and the pet seller are unable to reach an agreement which constitutes one of the options set forth in Subsection A(1) of this section within 10 business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such refund, exchange or reimbursement.
(9)
Nothing in this section shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
B.
Information statement to consumer.
(1)
Every pet seller shall deliver to the consumer, at the time of sale,
a written statement in a standardized form prescribed by the Commissioner
containing the following information:
(a)
For cats:
[1]
The breeder's and, if applicable, broker's name and address,
if known, or if not known, the source of the cat; if the person from
whom the cat was obtained is a dealer licensed by the United States
Department of Agriculture, the person's name, address and federal
identification number;
[2]
The date of the cat's birth, unless unknown because of the source
of the cat, the date the pet seller received the cat, and the location
where the cat was received;
[3]
A record of any immunizations and worming treatments administered
to the cat while the cat was in the possession of the pet seller,
as of the time of sale, including dates of administration and the
types of vaccines or worming treatments administered;
[4]
A record of any known disease, sickness or congenital condition
that adversely affects the health of the cat at the time of sale;
[5]
A record of any veterinary treatment or medication received
by the cat while in the possession of the pet seller and either of
the following:
[a]
A statement signed by the pet seller at the time
of sale indicating that the cat has no known disease or illness and
that the cat has no known congenital or hereditary condition that
adversely affects the health of the cat at the time of sale; or
[b]
A record of any known congenital or hereditary
condition, disease or illness that adversely affects the health of
the cat at the time of sale, along with a statement signed by a licensed
veterinarian that authorizes the sale of the cat, recommends necessary
treatment, if any, and verifies that the condition, disease or illness
does not require hospitalization or nonelective surgical procedures
and is not likely to require hospitalization or nonelective surgical
procedures in the future. A veterinarian statement is not required
for intestinal or external parasites unless their presence makes the
cat clinically ill or is likely to make the cat clinically ill. The
statement should be valid for 14 business days following examination
of the cat by the veterinarian.
(b)
For dogs:
[1]
The breeder's and, if applicable, broker's name and address,
if known, and if not known, the source of the dog; if the person from
whom the dog was obtained is a dealer licensed by the United States
Department of Agriculture, the person's name, address and federal
identification number;
[2]
The date of the dog's birth and the date and location where
the pet seller received the dog. If the dog is not advertised or sold
as a purebred, registered or capable of registration, the date of
birth may be approximated if not known by the pet seller;
[3]
The breed, sex, color and identifying marks at the time of sale;
if the dog is from a United States Department of Agriculture licensed
source, the individual identifying tag, tattoo or collar number for
that animal; if the breed is unknown or mixed, the record shall so
indicate; if the dog is being sold as being capable of registration,
the names and registration numbers of the sire and dam, and the litter
number, if known;
[4]
A record of any inoculations and worming treatments administered
to the dog while the dog was in the possession of the pet seller,
as of the time of sale, including dates of administration and the
type of vaccines and/or worming treatments administered;
[5]
A record of any veterinary treatment or medication received
by the dog while in the possession of the pet seller and either of
the following:
[a]
A statement, signed by the pet seller at the time
of sale indicating that the dog has no known disease or illness and
that the dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of sale; or
[b]
A record of any known congenital or hereditary
condition, disease or illness that adversely affects the health of
the dog at the time of sale, along with a statement signed by a licensed
veterinarian that authorizes the sale of the dog, recommends necessary
treatment, if any, and verifies that the condition, disease, or illness
does not require hospitalization or nonelective surgical procedures
and is not likely to require hospitalization or nonelective surgical
procedures in the future. A veterinarian statement is not required
for intestinal or external parasites unless their presence makes the
dog clinically ill or is likely to make the dog clinically ill. The
statement shall be valid for 14 business days following examination
of the dog by the veterinarian.
[6]
Notification that dogs residing in New York State must be licensed,
and that a license may be obtained from the municipality in which
the consumer resides.
(2)
A disclosure made pursuant to Subsection C(2)(a) or (b) of this section shall be signed by both the pet seller certifying the accuracy of the statement and the consumer acknowledging receipt of the statement. At the time of sale, each pet seller shall provide the consumer with information, provided by the Department, on the value of spaying and neutering of dogs and cats.
(3)
Every pet seller shall post conspicuously, within close proximity
to the primary enclosures of dogs and cats offered for sale, a notice
containing the following language in one-hundred-point type:
|
"Information on the source of these dogs and cats and the veterinary
treatment received by these dogs and cats is available for review
by prospective consumers."
|
C.
Animal pedigree registration.
(1)
Representation regarding animal's pedigree registration. Any pet
seller who states, promises, or represents that an animal is registered
or is capable of registration with an animal pedigree registry organization
shall provide the consumer with the appropriate documents necessary
for such registration within 120 days following sale of the animal.
If the consumer notifies the pet seller in writing on or before such
time that he or she has not received the appropriate registration
documents, the pet seller shall have, in addition to the 120 days,
60 more days to provide the appropriate documents.
(a)
If a pet seller fails to provide documents as required under Subsection C(1) of this section, the consumer, upon written notice to the pet seller, may keep the animal and receive a partial refund of 75% of the purchase price, in which event the pet seller shall not be required to provide registration documents. Acceptance by the consumer of appropriate registration documents, whether or not within the time periods set forth in Subsection (1) of this section, shall be deemed a waiver of the right to a partial refund pursuant to this subsection.
(2)
Registration notice; disclosure statement.
(a)
A pet seller that sells animals registered or capable of registration
with a pedigree registry shall post conspicuously within close proximity
to those animals a notice that states: "Pedigree registration means
that the particular registry maintains information on the parentage
and identity of the animal."
(b)
For every animal sold by a pet seller with the representation
that the animal is registered or is capable of registration with an
animal pedigree registry organization, the following fully completed
disclosure shall be made by the pet seller in writing on a sheet separate
from any other statement in substantially the following form:
|
"Disclosure of animal pedigree registration: Description of
animal; The animal you are purchasing is registered/qualified to be
registered (circle one) with the (enter name of registry). Registration
means that (enter name of registry) maintains information regarding
parentage and identity of this animal. Persons buying animals represented
by a pet seller as being qualified to be registered are entitled to
papers necessary to affect such registration within 120 days of purchase.
Failure to provide such papers entitles the consumer to remedies under
law. However, if the consumer notifies the pet seller within the one-hundred-twenty-day
period that he or she has not received such papers, the pet seller
shall have an additional 60 days commencing at the end of the one-hundred-twenty-day
period in which to provide the documents. Acknowledged: Date: Consumer's
signature.''
|
(c)
The disclosure shall be signed and dated by the consumer, acknowledging
receipt of a copy of the statement. The pet seller shall retain a
copy of the signed disclosure.
A.
Each pet seller shall keep and maintain records for each dog or cat
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 dog or cat 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; if the person
is a pet dealer licensed by New York State pursuant to Article 26-a
of the Agriculture and Markets Law, the dealer's name, address and
state dealer identification number; if the person is a pet seller
licensed by this Act, the pet seller's name, address and permit number;
if the person is a breeder, the breeder's name, address, and, if applicable,
USDA license number; and
(2)
In the case of cats, if a cat is placed in the custody or possession
of a pet seller and the source of origin is unknown, the pet seller
shall state that the source of origin is unknown, accompanied by the
date, time, and location of receipt; and
(3)
The original source of the animal, if different than the person recorded in Subsection A of this section; and
(4)
The date each dog or cat was acquired; and
(5)
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
official tag number, tattoo or (implant) microchip; and
(6)
The name and address of the person to whom the 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; and
(7)
The pet seller's Ulster County permit number.
B.
Notwithstanding the provisions of Subsection A of this section, no pet seller shall knowingly buy, sell, exhibit, transport or offer for sale, exhibition or transportation any stolen dog or cat. No pet seller shall knowingly sell any dog or cat younger than eight weeks of age.
C.
Prior to the sale, exchange, or other transfer of ownership of a
dog or cat, a pet seller is required to examine the Ulster County
Animal Abuse Registry to confirm that the potential owner is not a
registered animal abuser. If a pet seller determines that an individual
is a registered animal abuser, the pet seller shall not sell, exchange
or otherwise transfer ownership of a dog or cat to such individual.
D.
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.
A.
It shall be unlawful for any pet seller in Ulster County to knowingly
import, offer for sale, sell or barter any dog from a dog source breeder
that does not comply with the standards of care enumerated in this
article.
B.
Dog dealers and dog source breeders who supply dogs directly to pet
sellers shall provide a written certification to such pet sellers
that the dogs it provides to them have been obtained from dog source
breeders where they have been raised and maintained in compliance
with this article.
C.
The Commissioner shall establish a written form for the certification
required by this section, which will, at a minimum, include the name,
legal address, contact information for the dog dealer, if applicable,
and dog source breeder, along with the requirement for a sworn statement
attesting that the dog source breeder is in compliance with the standards
prescribed in this article.
D.
Pet sellers shall provide consumers with a copy of this certification
at the point of sale and shall file the written certification required
by this section with the Commissioner on a semiannual basis and in
accordance with any rules promulgated by the Commissioner.
A.
Food and water.
(1)
All dogs must be provided with adequate food that is clean and free
from contaminants at intervals not to exceed 12 hours or at least
twice in any twenty-four-hour period unless directed otherwise by
a duly licensed veterinarian.
(2)
All dogs must be provided with potable water at all times, unless
directed otherwise in writing by a duly licensed veterinarian. Such
special instructions concerning food or water shall be kept in the
dog source breeder's records for the dog.
B.
Housing.
(1)
Except where dogs are permitted to roam freely inside the dog source
breeder's residential premises, dogs shall be kept in primary enclosures
that are designed and constructed to be structurally sound and that
are kept in good repair.
(2)
Primary enclosures for dogs shall:
(a)
Have no sharp points or edges that could injure dogs;
(b)
Be maintained in a manner to protect dogs from injury;
(c)
If not fully enclosed on the top, be of a height sufficient
to prevent the dog from climbing over the walls of the enclosure;
(d)
Keep animals from entering the enclosure;
(e)
Enable dogs to remain dry and clean;
(f)
Provide shelter and protection from temperatures and weather
conditions that may be uncomfortable or hazardous to any dog;
(g)
Provide sufficient space to shelter all dogs housed in the primary
enclosure at one time;
(h)
Provide potable water at all times, unless otherwise directed
by a veterinarian in writing that shall be kept in the dog source
breeder's records;
C.
Space.
(1)
Primary enclosures shall provide enough space to allow each dog to
turn about freely and to stand, sit, and lie in a normal position.
All dogs in the enclosure must be able to lie down while fully extended
without the dog's head, legs, face or feet touching any side of the
enclosure or another dog. The interior height of a primary enclosure
shall be at least six inches higher than the head of the tallest dog
in the enclosure when it is in a normal standing position.
(2)
All dogs over 12 weeks of age housed in primary enclosures must be
provided with a minimum amount of floor space in the primary enclosure,
calculated as follows: Find the mathematical square of the sum of
the length of dog in inches, measured in a straight line from the
tip of its nose to the base of its tail plus six inches, then divide
the product by 144, then multiply by two. The calculation is: (Length
of dog in inches +6) equals required floor space in square inches.
Required floor space in inches/144 x 2 = required floor space in square
feet.) For a second dog placed in the primary enclosure, the minimum
floor space shall be doubled. The floor space shall be calculated
using the longest dog. For each dog above two, the minimum floor space
shall be multiplied by 1.5 per additional dog.
(3)
For dogs over 12 weeks of age, primary enclosures must be placed
no higher than 30 inches above the floor of the housing facility and
may not be placed over or stacked on top of another cage or primary
enclosure.
(4)
For dogs 12 weeks of age or younger, primary enclosures shall not
be stacked more than two rows high, and the bottom of the uppermost
primary enclosure may not be more than 4 1/2 feet off the housing
facility floor. Where the primary enclosures are stacked, a tray or
other device that will prevent urine, feces, and other debris from
passing into or being discharged into the underlying primary enclosure
shall be placed under the primary enclosure. The trap or other device
must be impermeable to water and capable of being easily sanitized.
(5)
All housing facilities shall be equipped with a smoke alarm and shall
have a means of fire suppression, such as fire extinguishers or a
sprinkler system, on premises.
D.
Sanitation.
(1)
Excreta, feces, hair, dirt, debris and food waste must be removed
from primary enclosures at least daily, or more often if necessary,
to prevent an accumulation of excreta, feces, hair, dirt, debris and
food waste to prevent soiling of dogs contained in the primary enclosures
and to reduce the risk of disease, insects, pests and odors.
(2)
Used primary enclosures and food and water receptacles for dogs must be cleaned and sanitized in accordance with Subsection D(4) of this section before they can be used to house, feed or water another dog or group of dogs.
(3)
Used primary enclosures and food and water receptacles must be sanitized at least once every two weeks using one of the methods prescribed in Subsection D(4) of this section and more often, if necessary, to prevent an accumulation of excreta, feces, hair, dirt, debris, food, waste and other disease hazards.
(4)
Hard surfaces of primary enclosures and food and water receptacles
must be sanitized using one of the following methods:
(a)
Live steam under pressure,
(b)
Washing with water with a temperature of at least 180º
F. and with soap or detergent, as with a mechanical cage washer; or
(c)
Washing all soiled surfaces with appropriate detergent solutions
and disinfectant or by using a combination detergent or disinfection
product that accomplishes the same purpose with a thorough cleaning
of the surfaces to remove excreta, feces, hair, dirt, debris and food
waste so as to remove all organic material and mineral buildup and
to provide sanitization followed by a clean water rinse.
(5)
All dogs must be removed from the primary enclosure when it is being
sanitized in accordance with the provisions of this subdivision.
(6)
Primary enclosures, exercise areas and housing facilities using material that cannot be sanitized using methods delineated in Subsection D(4) of this section must be made sanitary by removing contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.
(7)
Premises where primary enclosures are located, including buildings
and surrounding grounds, must be kept clean and in good repair to
protect dogs from injury, to facilitate healthy husbandry practices,
and to reduce or eliminate breeding and living areas for rodents and
other pests and vermin. Premises must be kept free of accumulations
of trash, junk, waste products and discarded matter. Weeds, grass
and bushes must be controlled so as to facilitate cleaning of the
premises and pest control and to protect the health and well-being
of the dogs.
(8)
An effective program for the control of insects or pests, and external
parasites affecting dogs, must be established and maintained so as
to promote the health and well-being of the dogs and reduce contamination
by pests in housing facilities.
(9)
The floors and walls of primary enclosures must be impervious to
moisture. The ceiling of indoor housing facilities must be impervious
to moisture or be replaceable. "Impervious surfaces" may include concrete,
tiles, wood that is sealed and other materials that do not permit
absorption of fluids, allow thorough and repeated cleaning and disinfection
without deteriorating or retaining odors, and do not violate any other
provision contained within this section.
E.
Flooring.
(1)
Flooring in all primary enclosures must be constructed in a manner
that protects the dogs' feet and legs from injury. The floor must
not permit any part of the foot of a dog housed in the enclosure to
pass through any opening.
(2)
For dogs over 12 weeks of age, the floor of the primary enclosure
must be strong enough so that it does not sag or bend between structural
supports and so that it cannot be destroyed through digging or chewing
by the dogs housed in the primary enclosure. The floor shall not permit
the feet of any dog housed in the primary enclosure to pass through
any opening and shall not be made of metal strand, either coated or
uncoated. It must allow for moderate drainage of fluids and it must
not be sloped more than 0.25 inch per foot.
(3)
Flooring constructed of slats shall be acceptable, provided that
all of the following conditions are met:
(a)
The flooring is flat;
(b)
Spaces between slats run the length or width of the floor, but
not both;
(c)
Slats are no less than 3.5 inches in width;
(d)
The floor has spaces between the slats that are no more than
0.5 inch in width; and
(e)
Each slat is level with the slat next to it within a single
primary enclosure.
F.
Co-housing; bitches in heat; nursing puppies.
(1)
All dogs housed in the same primary enclosure must be compatible
as determined by observation. Not more than six adult dogs may be
housed in the same primary enclosure. Bitches in heat may not be housed
in the same primary enclosure with sexually mature males, except for
breeding. Bitches with litters may not be housed in the same primary
enclosure with other adult dogs, and puppies under 12 weeks of age
may not be housed in the same primary enclosure with adult dogs, other
than the dam or foster dam. Dogs displaying vicious or aggressive
behavior toward other dogs must be housed separately.
(2)
Each bitch with nursing puppies shall be provided with an additional
amount of floor space based on her breed and behavioral characteristics
and in accordance with generally accepted husbandry practices as determined
by the attending veterinarian. If the additional amount of floor space
for each nursing puppy is less than 5% of the minimum requirement
for the bitch, the amount of floor space must be approved by the attending
veterinarian and shall be kept in the dog source breeder's records.
G.
Ventilation and lighting.
(1)
Housing facilities for dogs must be sufficiently heated and cooled
to protect dogs from temperature or humidity extremes and to provide
for their health and well-being. If dogs are present, the ambient
temperature in the facility must not fall below 50º F. or rise
above 85º F.
(2)
Housing facilities for dogs must be sufficiently ventilated at all
times when dogs are present to provide for their health and well-being
and to minimize odors, drafts, and ammonia levels and to prevent moisture
condensation. The relative humidity must be maintained at a level
that ensures the health and well-being of the dogs housed therein.
(3)
Housing facilities for dogs must be lighted well enough to permit
routine inspection and cleaning of the facility and observation of
the dogs. Animal areas must be provided with a regular diurnal light
cycle of either natural or artificial light. Lighting must be uniformly
diffused throughout housing facilities and provide sufficient illumination
to aid in maintaining good housekeeping practices, adequate cleaning
and observation of animals at any time and for the well-being of the
animals. Primary enclosures must be placed so as to protect dogs from
excessive light.
H.
Veterinary care and records.
(1)
The dog source breeder shall establish a veterinarian/client-patient
relationship.
(2)
The dog source breeder shall establish a written program of veterinary
care which shall include a physical examination and vaccination schedule;
a protocol for disease control and prevention; pest and parasite control;
nutrition; and euthanasia. A copy of the program shall be kept in
the dog source breeder's records.
(3)
Dogs shall be examined by a veterinarian at least once every six
months.
(5)
The dog source breeder shall keep all veterinary records for two
years after the dog has left the care of the facility.
(6)
Notwithstanding any law, a dog may not be euthanized except by a
licensed veterinarian.
I.
Exercise (for dogs over 12 weeks of age).
(1)
Each primary enclosure housing a dog over 12 weeks of age shall have
an entryway that allows the dog unfettered clearance from the enclosure
into an outdoor exercise area.
(2)
The exercise area must be at least twice the size of each dog's primary
enclosure and must have adequate means to prevent dogs from escaping.
(3)
Exercise area fencing must be in good repair and be free of rust,
jagged edges or other defects that could cause injury to the dogs.
(5)
Dogs must not be placed in the exercise area in a manner that would
cause injury to the dog.
(6)
Nursing bitches and their puppies shall be exercised separately from
other dogs.
(7)
The exercise area shall be on ground level, and the ground of the
area must be solid and maintainable. Surfaces such as gravel, packed
earth and grass which are solid and maintainable may be utilized.
(8)
Forced exercise methods or devices such as swimming, treadmills or
carousel type devices shall not meet the exercise requirements of
this subsection and are prohibited.
(9)
If, in the opinion of a licensed veterinarian, it is inappropriate
for a dog to exercise because of its health, condition or well-being,
this section shall not apply to that dog. Such a determination must,
however, be documented in writing by the veterinarian and shall be
revisited by the attending veterinarian at least once every 30 days.
A.
Residential breeder minimum standards of care.
(1)
Animals shall be provided, except when there are instructions from
a duly licensed veterinarian to withhold food for medical reasons,
with wholesome and palatable food, free from contamination and of
nutritional value sufficient to maintain each animal in good health.
(2)
Water shall be supplied to animals in a sanitary manner sufficient
for each animal's needs, except when there are instructions from a
duly licensed veterinarian to withhold water for medical reasons.
(3)
In the event that a residential breeder has a pregnant or nursing
dog on his or her premises, the residential breeder shall provide
a whelping area or box for such dog.
(4)
All animals shall be vaccinated as required by state or local law.
Veterinary care appropriate to the breed shall be provided without
undue delay when necessary. Each animal shall be observed each day
by the residential breeder or by a person working under the residential
breeder's supervision.
(5)
No residential breeder shall knowingly sell any animal that has a
diagnosed congenital condition or contagious disease that adversely
affects the health of the animal without first informing the consumer,
in writing, of such condition.
B.
Records of sale by residential breeders.
C.
Inspection of residential breeders. Inspections of residential breeders
shall be made whenever, in the discretion of the Commissioner or his
or her authorized agents, a complaint warrants such investigation.
Any person conducting an inspection of a residential breeder or responding
to a complaint concerning a residential breeder shall be a County
employee specifically trained in the proper care of animals and in
the investigation and identification of cruelty to animals.
A.
Every pet seller or residential breeder 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.
B.
No pet seller or residential breeder shall restrict or diminish,
by contract or otherwise, the rights provided under this article.
A.
Violation of any provision of this article is a civil offense for
which a fine of not less than $150 and not more than $500 for each
violation may be imposed.
B.
In addition to the penalties enumerated in this section, whenever there is a violation of the provisions of § 152-25 (Consumer protection requirements) or § 152-26 (Records of purchase and sale) of this article, application may be made by the Commissioner or his designee to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated these provisions, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In such a proceeding, the court may make allowances to the Commissioner as provided in Civil Practice Law and Rules § 8303(a)(6) and direct restitution.
Nothing in this article shall be construed to limit or restrict
the police, agents, or officers of Societies for the Prevention of
Cruelty to Animals from enforcing Article 26 of the Agriculture and
Markets Law or any other law relating to the humane treatment of or
cruelty to animals.
If any clause, sentence, paragraph, section, subdivision or
other part of this article or its applications shall be adjudged by
a court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or otherwise invalidate
the remainder of this article, which shall remain in full force and
effect except as limited by such order or judgment.
