New York S 5410: Relates to the registration and regulation of animal breeders

Bill Text

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S05410 Summary:

BILL NOS05410 

&nbsp

SAME ASSAME AS A04376

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 26-D §§440 - 448, amd §§401 & 402, Ag & Mkts L; add §98-e, St Fin L

&nbsp

Relates to the registration and regulation of animal breeders; requires each to be licensed; creates a breeder licensing fund; exempts not-for-profit organizations.

Go to top S05410 Actions:

BILL NOS05410 

&nbsp

02/21/2025REFERRED TO AGRICULTURE

01/07/2026REFERRED TO AGRICULTURE

Go to topS05410 Committee&nbspVotes:

Go to topS05410 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05410 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5410

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. LANZA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture

 AN ACT to amend the agriculture and markets law and the state finance
 law, in relation to the registration and regulation of animal breeders

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

 1 Section 1. The agriculture and markets law is amended by adding a new
 2 article 26-D to read as follows:
 3 ARTICLE 26-D
 4 CARE OF ANIMALS BY BREEDERS
 5 Section 440. Definitions.
 6 441. Preemption of local laws.
 7 442. Minimum standards of animal care.
 8 443. Records of purchase and sale.
 9 444. Licenses.
 10 445. License refusal, suspension or revocation.
 11 446. Inspection of breeders.
 12 447. Violations.
 13 448. Construction with other laws.
 14 § 440. Definitions. As used in this article:
 15 1. "Animal" means a dog or a cat.
 16 2. "Consumer" means any individual purchasing an animal from a breed-
 17 er. A breeder shall not be considered a consumer.
 18 3. "Person" means any individual, corporation, partnership, limited
 19 liability company, association, municipality or other legal entity.
 20 4. "Breeder" means any person who breeds three of more animals for
 21 sale per year for profit. Such term shall not include duly incorporated
 22 humane societies dedicated to the care of unwanted animals which make
 23 such animals available for adoption whether or not a fee for such
 24 adoption is charged.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08670-01-5

 S. 5410 2

 1 § 441. Preemption of local laws. The provisions of this article shall
 2 apply to all municipalities, including cities with a population of one
 3 million or more, and shall supersede any local law, rule, regulation or
 4 ordinance regulating or licensing breeders. Nothing in this section
 5 shall be construed to limit or restrict any municipality from enforcing
 6 any local law, rule, regulation or ordinance of general application to
 7 businesses governing public health, safety or the rights of consumers.
 8 § 442. Minimum standards of animal care. Breeders shall comply with
 9 the following minimum standards of care for every animal in their custo-
 10 dy or possession.
 11 1. Housing. (a) Animals shall be housed in primary enclosures or
 12 cages, which shall be constructed so as to be structurally sound. Such
 13 enclosures shall be maintained in good repair to contain the animal
 14 housed inside and protect it from injury. Surfaces shall have an imper-
 15 vious surface so as not to permit the absorption of fluids and which can
 16 be thoroughly and repeatedly cleaned and disinfected without retaining
 17 odors.
 18 (b) Primary enclosures or cages housing the animals shall provide
 19 sufficient space to allow each animal adequate freedom of movement to
 20 make normal postural adjustments, including the ability to stand up,
 21 turn around, and lie down with its limbs outstretched. If the flooring
 22 is constructed of metal strands, such strands shall either be greater
 23 than one-eighth inch in diameter (nine gauge wire) or shall be coated
 24 with material such as plastic or fiberglass, and shall be constructed so
 25 as to not allow passage of the animal's feet through any opening in the
 26 floor of the enclosure. Such flooring shall not sag or bend substantial-
 27 ly between structural supports.
 2