Report on legislation limiting the animal dealers exempt under the law relating to the licensing, identification and control of dogs

SUMMARY

The Animal Law Committee supports legislation which would amend section 107(4) of the Agriculture and Markets Law to provide that commercial dog breeders are only exempt from New York State licensing, vaccination and control regulations where the breeder “sells dogs exclusively to USDA registered research facilities, or research facilities with a Public Health Services approved Animal Welfare Assurance from the Office of Laboratory Animal Welfare at the National Institute of Health and to agencies of the federal government that are exempt from the Animal Welfare Act and foreign entities lawfully engaged in research.” Article 7 of the New York Agriculture and Markets law contains a number of requirements regarding the licensing, identification, vaccination, and control of dogs, and provides for the utilization of funds generated through licensing requirements for purposes of implementing animal population control efforts. Subject to several exceptions, these provisions are applicable to all dog owners, including dog breeders.  By amending section 107(4) to provide that commercial dog breeders are only exempt from New York State licensing, vaccination and control regulations where the breeder sells dogs exclusively to USDA registered research facilities, research facilities with a government-approved Animal Welfare Assurance, federal agencies, and foreign entities, the proposed legislation closes a loophole that currently allows certain commercial dog breeders to escape the licensing, vaccination and other dog control requirements set forth in Article 7 that otherwise apply to dog owners, including commercial dog breeders, in New York State simply because the breeder is registered as a Class A dealer with the USDA.

Originally Issued April 2013; Reissued March 2017

BILL INFORMATION

A.603 (AM Rosenthal) / S.1399 (Sen. Avella) – limits animal dealers exempt under the provision of article 7 of such law relating to the licensing, identification and control of dogs (NYS 2017)