Title AGM, Agriculture & Markets

§ 372. Issuance of warrants upon complaint. Upon complaint under oath\nor affirmation to any magistrate authorized to issue warrants in\ncriminal cases, that the complainant has just and reasonable cause to\nsuspect that any of the provisions of law relating to or in any wise\na…

§ 373. Seizure of animals lost, strayed, homeless, abandoned or\nimproperly confined or kept. 1. Any police officer or agent or officer\nof the American Society for the Prevention of Cruelty to Animals or any\nduly incorporated society for the prevention of cruelty to animals, m…

§ 374. Humane destruction or other disposition of animals lost,\nstrayed, homeless, abandoned or improperly confined or kept. 1. Any\nagent or officer of any duly incorporated humane society, a duly\nincorporated society for the prevention of cruelty to animals, any dog\ncontrol…

§ 375. Officer may take possession of animals or implements used in\nfights among animals. Any officer authorized by law to make arrests may\nlawfully take possession of any animals, or implements, or other\nproperty used or employed, or about to be used or employed, in the\nvio…

§ 376. Disposition of animals or implements used in fights among\nanimals. The officer, after taking possession of such animals, or\nimplements, or other property, pursuant to the preceding section, shall\napply to the magistrate before whom complaint is made against the\noffend…

§ 377. Disposal of dead animals. (1) The carcasses of large domestic\nanimals, including but not limited to horses, cows, sheep, swine, goats\nand mules, which have died otherwise than by slaughter, shall be buried\nat least three feet below the surface of the ground or otherwis…

§ 377-a. Spaying and neutering of dogs and cats. 1. The legislature\nfinds that the uncontrolled breeding of dogs and cats in the state\nresults in an overabundance of puppies and kittens. More puppies and\nkittens are produced than responsible homes for them can be provided.\nT…

§ 378. Unlawful tampering with animal research. 1. Definitions. For\nthe purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "Infectious agents" shall be limited to those organisms that cause\nserious physical injury or death to humans.\n (b) …

§ 379. Prohibition of the selling of fur, hair, skin or flesh of a dog\nor cat. 1. It shall be unlawful for any person, firm, partnership or\ncorporation to knowingly import, sell, offer for sale, manufacture,\ndistribute, transport or otherwise market or trade in the fur, hair,…

§ 38. When injunction may be obtained. In an action in the supreme\ncourt or county court for the recovery of a penalty or forfeiture\nincurred for the violation of any of the provisions of this chapter, or\nof any other law the enforcement of which is within the jurisdiction of…

§ 38-a. Costs and expenses relating to extraordinary sanitary\nreinspection services. 1. (a) The total costs and expenses, in excess of\nordinary costs and expenses, incurred by the department in connection\nwith the administration and or enforcement of any provision of this\nch…

§ 380. Use of elephants in entertainment acts. 1. No person shall use\nor cause to be used elephants in any type of entertainment act.\n 2. Any person that violates the provisions of this section, or any\nrule or regulation promulgated pursuant thereto, may be assessed, by the\n…

§ 381. Prohibition of the declawing of cats. 1. No person shall\nperform an onychectomy (declawing), partial or complete phalangectomy or\ntendonectomy procedure by any means on a cat within the state of New\nYork, except when necessary for a therapeutic purpose. Therapeutic\npu…

§ 382. Prohibition of the slaughter of race horses and race horse\nbreeding stock. 1. Notwithstanding any other provision of law, it shall\nbe unlawful for any person, corporation, association, or other entity to\nslaughter or have another person, corporation, association, or ot…

§ 383. Examination of seized animals or animals taken possession of.\n1. Consistent with the provisions of section one hundred seventeen of\nthis chapter and sections three hundred seventy-three and three hundred\nseventy-four of this article, no later than twenty-four hours, or…

§ 384. Special provisions related to the importation of dogs and cats\ninto the state for sale, resale or adoption. 1. Any dog or cat imported\ninto this state for the purposes of sale, resale or adoption shall be\nheld by the consignee for a period of not less than forty-eight …

§ 385. Prohibition of slaughtering horses for human or animal\nconsumption. 1. Notwithstanding any other provision of law, it shall be\nunlawful for any person, corporation, association, or other entity to\nslaughter or have another person, corporation, association, or other\nen…

§ 386. Requirements for live auctions. The department shall make a\ngood faith effort to have an agent present at each livestock auction\nwhere horses are being sold. Such agent shall be charged with the review\nof all health certificates for all thoroughbred and standardbred ho…

§ 39. Penalties for violation of chapter or other laws. Every person\nviolating any of the provisions of this chapter, or of any other law the\nenforcement of which is within the jurisdiction of the department shall,\nexcept where other penalties are hereinafter prescribed, be s…

§ 4. Department of agriculture and markets. There shall continue to\nbe in the state government a department of agriculture and markets.\n

§ 40. Penalty for violation of rule or order. Every person, association\nor corporation and all agents, officers and employees thereof, shall\nobey every order made as provided in this chapter, so long as such order\nshall be in force. A person, association or corporation who sha…

§ 40-a. Deposit of money. The commissioner is hereby authorized and\ndirected to deposit all money recovered or received by the department in\nsatisfaction of penalties assessed for violations of this chapter and\nrules and regulations promulgated pursuant thereto to the credit …

§ 400. Definitions. As used in this article:\n 1. "Animal" means a dog or a cat.\n 2. "Consumer" means any individual purchasing an animal from a pet\ndealer. A pet dealer shall not be considered a consumer.\n 3. "Person" means any individual, corporation, partnership,\nassociat…

§ 401. Minimum standards of animal care. Pet dealers shall comply with\nthe following minimum standards of care for every animal in their\ncustody or possession.\n 1. Housing. (a) Animals shall be housed in primary enclosures or\ncages, which shall be constructed so as to be str…

§ 402. Records of purchase and sale. Each pet dealer shall keep and\nmaintain records for each animal purchased, acquired, held, sold, or\notherwise disposed of. The records shall include the following:\n 1. The name and address of the person from whom each animal was\nacquired.…

§ 403. Licenses. 1. No person shall operate as a pet dealer unless\nsuch person holds a license issued therefor by the commissioner.\nNotwithstanding the foregoing, a pet dealer, in operation on or before\nthe effective date of this section, who has filed an application for an\n…

§ 404. License refusal, suspension, or revocation. The commissioner\nmay decline to grant or renew or may suspend or revoke a pet dealer\nlicense, on any one of the following grounds:\n 1. Material misstatement in the license application.\n 2. Material misstatement in or falsifi…

§ 405. Inspection of pet dealers. 1. The commissioner or his or her\nauthorized agents shall, at a minimum, make yearly inspections of pet\ndealers' facilities to ensure compliance with the provisions of this\narticle and with the provisions of article thirty-five-D of the gener…

§ 406. Violations. 1. In addition to the penalties provided for\nelsewhere in this section, a pet dealer who violates any provisions of\nthis article may be subject to denial, revocation, suspension, or\nrefusal of renewal of his or her license in accordance with the\nprovisions…

§ 407. Construction with other laws. Nothing in this article shall be\nconstrued to (a) limit or restrict agents or officers of societies for\nthe prevention of cruelty to animals or the police from enforcing other\nprovisions of article twenty-six of this chapter or any other l…

§ 41. Violation of chapter a misdemeanor. Except as otherwise\nprovided by the penal law, a person who by himself or another violates\nany of the provisions of this chapter or of any other law the\nenforcement of which is within the jurisdiction of the department, is\nguilty of …

§ 410. Establishment of animal response teams. 1. The commissioner is\nhereby authorized to establish state and county animal response teams to\nsupport the prevention of, preparedness for, response to, and recovery\nfrom emergencies and disasters affecting animals in New York s…

§ 411. Agreements with animal welfare organizations for assistance in\nemergencies and disasters. The commissioner is hereby authorized to\nenter into agreements with animal welfare organizations at no direct\ncost to the state to support the prevention of, preparedness for,\nre…

§ 42. Act of officer or agent deemed act of principal. In construing\nand enforcing the provisions of this chapter relating to penalties, the\nact of a director, officer, agent or other person acting for or employed\nby a person, association or corporation subject to the provisi…

§ 420. Definitions. For purposes of this article, the following terms\nshall have the following meanings:\n 1. "Adoption" means the transfer of legal ownership to and possession\nby any natural person eighteen years of age or older, for the limited\npurpose of harboring a pet, o…

§ 421. License required and inspection of facilities. 1. Any person\neligible for exemption from the definition of pet dealer pursuant to\nparagraphs (b) and (c) of subdivision four of section four hundred of\nthis chapter shall be licensed by the department pursuant to the\npro…

§ 422. Personnel training requirements. 1. Each animal shelter\nlicensed pursuant to this article shall provide training to all staff\nmembers and volunteers having direct animal care responsibilities. Such\ntraining shall be provided within the first sixty days of employment an…

§ 423. Recordkeeping and protocols. 1. Each animal shelter shall\nexamine an animal upon intake for unique identifiers and any other form\nof identification that may allow for reunification with an owner, as\nprescribed in sections one hundred seventeen and three hundred\neighty…

§ 424. General facility standards. 1. All facilities and all interior\ncomponents of each animal shelter shall be constructed of materials that\nensure a sound physical structure, and shall be maintained so as to\nprotect animals from injury, ensure containment of animals within…

§ 425. Animal housing. 1. Each licensed animal shelter shall provide\neach animal in its custody or possession with a suitable primary\nenclosure that meets the requirements prescribed in this section.\n 2. Unsupervised tethering for periods exceeding thirty minutes is\nprohibit…

§ 426. Sanitation. Any animal shelter licensed pursuant to this\narticle shall establish and maintain sanitation protocols that include\nthe following:\n 1. use of one or more agents that have cleaning and disinfectant\nproperties that are effective under conditions present in a…

§ 427. Shelter management protocols. 1. Each animal shelter shall have\na clear, written, management structure that defines staff authority,\nreporting structure and responsibilities, and is readily accessible to\nall staff and volunteers.\n 2. Staffing shall be sufficient to al…

§ 428. Animal husbandry. 1. (a) Each animal shelter shall provide each\nanimal under its care with fresh, potable water at all times unless\notherwise directed by a duly licensed veterinarian.\n (b) Each animal shelter shall feed each animal under its care a\ncomplete and nutrit…

§ 429. Veterinary care. 1. Prescription medications and treatments\nshall be administered by each animal shelter under the advisement of or\nin accordance with written protocols provided by a duly licensed\nveterinarian.\n 2. All drugs shall be documented and dispensed by each a…

§ 43. Evidence. The doing of anything prohibited by this chapter\nshall be evidence of the violation of the provisions of this chapter\nrelating to the thing so prohibited, and the omission to do anything\ndirected to be done shall be evidence of a violation of the provisions\no…

§ 430. Behavior. 1. Each animal shelter shall take measures, by way of\nwritten questionnaire, personal interview or other means deemed\nnecessary by the commissioner, to collect a behavioral history for each\nanimal in its custody or possession at the time of intake.\n 2. Routi…

§ 431. Transportation. 1. Vehicle requirements. (a) Vehicles and\noperators employed by or otherwise serving as an agent of any animal\nshelter to transport animals shall adhere to all applicable federal,\nstate, and local laws.\n (b) Any animal transported by an animal shelter …

§ 432. Foster care provider requirements. 1. No person may operate as\na foster care provider in this state without first having signed a\nwritten agreement with an animal shelter licensed pursuant to this\narticle stating that such person may operate as a foster care provider\n…

§ 433. Violations. 1. Any animal shelter that violates any provision\nof this article may be subject to licensure denial, revocation,\nsuspension, or refusal of license renewal in accordance with the\nprovisions of subdivision seven of section four hundred twenty-one of\nthis ar…

§ 434. Waiving of requirements authorized. The commissioner is hereby\nauthorized to waive the requirements established pursuant to this\narticle during a disaster emergency, provided that an official\ndeclaration of such disaster emergency has been made by the governor or\nhis …