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Sustainable/Recycled Hats

State Pet Shop Laws: New York

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Definitions:

  • Animal: includes every living creature except a human being. Applies to Article 26 only. (N.Y. AGRIC. & MKTS. LAW § 350)
  • Pet dealer: any person or firm which engages in the sale of more than 9 animals per year for profit to the public. Includes breeders who sell animals. Exception: breeders who sell directly to the consumer fewer than 25 animals per year that are born and raised on the breeders’ residential premises. (N.Y. AGRIC. & MKTS. LAW § 400, N.Y. GEN. BUS. LAW § 752-a)
  • Pet dealer: any person, firm, partnership, corporation, or other association which engages in the sale of more than 9 animals per year for profit to the public. Includes breeders who sell animals directly to the consumer. (N.Y. GEN. BUS. LAW § 752)

Vet Care:

  • Pet dealers must have dogs examined by vet prior to selling the animal. Vaccinations must be provided in accordance with law. Vet care must be provided “without undue delay” when necessary. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-a, N.Y. GEN. BUS. LAW § 755, N.Y. AGRIC. & MKTS. LAW § 401)

Housing:

  • Pet dealers must provide cages for cats and dogs with “sufficient space to allow each animal adequate freedom of movement to make normal postural adjustments.” (N.Y. AGRIC. & MKTS. LAW § 401)

Lemon Laws:

  • Pet dealers must give purchasers of cats or dogs a written paper that provides specific info, including the animal’s health history, health status, and ownership history. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
  • Pet dealers must give purchasers of cats and dogs a written paper advocating spay/neuter. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
  • Pet dealers must post a sign notifying consumers that data about the animals is available. The sign must be near the cages of cats and dogs. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
  • Pet dealers must post a consumers’ remedies sign in a visible location. They must give a written paper to buyers of cats and dogs stating the consumer remedies. (N.Y. GEN. BUS. LAW § 754)
  • Lemon law that offers recourse to those who purchase sick or diseased animals from pet shops. [See N.Y. GEN. BUS. LAW § 752 for consumer remedies for the purchase of an ill or diseased animal.]

Food and Water:

  • Pet dealers must provide cats and dogs with “wholesome and palatable food” that is free from contamination of nutritional value sufficient to maintain each animal in good health. There must be “regular access to clean, fresh water.” [See the statute for details.] (N.Y. AGRIC. & MKTS. LAW § 401)

Sanitary Conditions:

  • Pet dealers must provide housing for cats and dogs that is designed for the “efficient elimination of animal waste and water.” (N.Y. AGRIC. & MKTS. LAW § 401)
  • Pet dealers must keep housing facilities for cats and dogs in “clean condition,” remove germs, and eliminate excess water and waste. Animals must be removed while cage is being sterilized. Trash and waste on the premises must be properly contained and disposed of. (N.Y. AGRIC. & MKTS. LAW § 401)

Unweaned Animals:

  • Anyone selling rabbits or fowl under 2 months old must sell the animals in quantities of 6 or more. (Penalty: misdemeanor) (N.Y. AGRIC. & MKTS. LAW § 354)
  • Pet dealers are prohibited from knowingly selling kittens or puppies younger than 8 weeks old. (Penalty: license revocation, and $50-$1,000 fine) (N.Y. AGRIC. & MKTS. LAW § 402, N.Y. AGRIC. & MKTS. LAW § 406)

Miscellaneous Provisions:

  • License required for pet dealers. (N.Y. AGRIC. & MKTS. LAW § 403, N.Y. AGRIC. & MKTS. LAW § 404)
  • Anyone selling or displaying baby rabbits or fowl must provide heating devices. Applies to rabbits under 2 months old. (Penalty: misdemeanor) (N.Y. AGRIC. & MKTS. LAW § 354)
  • Pet dealers must provide “adequate” ventilation for cats and dogs at all times. It must minimize drafts, odors and condensation. (N.Y. AGRIC. & MKTS. LAW § 401)
  • Pet dealers must provide ambient temperature that is “compatible with the health and well-being” of the cats and dogs. It must be regulated to protect from extreme temperatures and must not pose a health hazard. (N.Y. AGRIC. & MKTS. LAW § 401)
  • Pet dealers must provide lighting for cats and dogs “sufficient” to permit inspection and cleaning. Must protect each animal from excessive illumination that poses a health hazard. (N.Y. AGRIC. & MKTS. LAW § 401)
  • Pet dealers must keep specific records for each animal, including the ownership history. Records must be kept for 2 years. (Penalty: license revocation, and $50-$1,000 fine) (N.Y. AGRIC. & MKTS. LAW § 402, N.Y. AGRIC. & MKTS. LAW § 406)
  • Pet dealer records are subject to inspection. (N.Y. AGRIC. & MKTS. LAW § 402)
  • Consumer Affairs Dept, Agriculture Dept and local agencies have enforcement authority. (N.Y. AGRIC. & MKTS. LAW § 406, N.Y. AGRIC. & MKTS. LAW § 405)
  • Pet dealers must carry out humane euthanasia of cats and dogs. They are prohibited from destroying animals by: decompression device; curare; any neuromuscular blocking agent; gunshot; or engine exhaust. Gunshot can be used in emergency. (N.Y. AGRIC. & MKTS. LAW § 401, N.Y. AGRIC. & MKTS. LAW § 374)

Notes:

  1. Where “adequate space” is not defined the state has not established a definition for the term.
  2. The definition of “animal” may actually be broadly written while the types of animals covered by the law (e.g., veterinary care, sanitation, food and water) may be more narrowly drafted.

Also see:

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Legislation