Title AGM, Agriculture & Markets

§ 372. Issuance of warrants upon complaint. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affec…

§ 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, strayed, homeless, abandoned or improperly confined or kept. 1. Any agent or officer of any duly incorporated humane society, a duly incorporated society for the prevention of cruelty to animals, any dog control off…

§ 375. Officer may take possession of animals or implements used in fights among animals. Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violati…

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

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

§ 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 the purposes of this section, the following terms shall have the following meanings: (a) "Infectious agents" shall be limited to those organisms that cause serious physical injury or death to humans. (b) "Animal…

§ 379. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat. 1. It shall be unlawful for any person, firm, partnership or corporation to knowingly import, sell, offer for sale, manufacture, distribute, transport or otherwise market or trade in the fur, hair, sk…

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

§ 38-a. Costs and expenses relating to extraordinary sanitary reinspection services. 1. (a) The total costs and expenses, in excess of ordinary costs and expenses, incurred by the department in connection with the administration and or enforcement of any provision of this chapte…

§ 380. Use of elephants in entertainment acts. 1. No person shall use or cause to be used elephants in any type of entertainment act. 2. Any person that violates the provisions of this section, or any rule or regulation promulgated pursuant thereto, may be assessed, by the commi…

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

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

§ 383. Examination of seized animals or animals taken possession of. 1. Consistent with the provisions of section one hundred seventeen of this chapter and sections three hundred seventy-three and three hundred seventy-four of this article, no later than twenty-four hours, or as…

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

§ 385. Prohibition of slaughtering horses for human or animal consumption. 1. Notwithstanding any other provision of law, it shall be unlawful for any person, corporation, association, or other entity to slaughter or have another person, corporation, association, or other entity…

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

§ 39. Penalties for violation of chapter or other laws. Every person violating any of the provisions of this chapter, or of any other law the enforcement of which is within the jurisdiction of the department shall, except where other penalties are hereinafter prescribed, be subj…

§ 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 or corporation and all agents, officers and employees thereof, shall obey every order made as provided in this chapter, so long as such order shall be in force. A person, association or corporation who shall …

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

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

§ 401. Minimum standards of animal care. Pet dealers shall comply with the following minimum standards of care for every animal in their custody or possession. 1. Housing. (a) Animals shall be housed in primary enclosures or cages, which shall be constructed so as to be structur…

§ 402. Records of purchase and sale. Each pet dealer shall keep and maintain records for each animal 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 animal was acquired. If t…

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

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

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

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

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

§ 41. Violation of chapter a misdemeanor. Except as otherwise provided by the penal law, a person who by himself or another violates any of the provisions of this chapter or of any other law the enforcement of which is within the jurisdiction of the department, is guilty of a mi…

§ 410. Establishment of animal response teams. 1. The commissioner is hereby authorized to establish state and county animal response teams to support the prevention of, preparedness for, response to, and recovery from emergencies and disasters affecting animals in New York stat…

§ 411. Agreements with animal welfare organizations for assistance in emergencies and disasters. The commissioner is hereby authorized to enter into agreements with animal welfare organizations at no direct cost to the state to support the prevention of, preparedness for, respon…

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

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

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

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

§ 423. Recordkeeping and protocols. 1. Each animal shelter shall examine an animal upon intake for unique identifiers and any other form of identification that may allow for reunification with an owner, as prescribed in sections one hundred seventeen and three hundred eighty-two…

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

§ 425. Animal housing. 1. Each licensed animal shelter shall provide each animal in its custody or possession with a suitable primary enclosure that meets the requirements prescribed in this section. 2. Unsupervised tethering for periods exceeding thirty minutes is prohibited. 3…

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

§ 427. Shelter management protocols. 1. Each animal shelter shall have a clear, written, management structure that defines staff authority, reporting structure and responsibilities, and is readily accessible to all staff and volunteers. 2. Staffing shall be sufficient to allow a…

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

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

§ 43. Evidence. The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed to be done shall be evidence of a violation of the provisions of th…

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

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

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

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

§ 434. Waiving of requirements authorized. The commissioner is hereby authorized to waive the requirements established pursuant to this article during a disaster emergency, provided that an official declaration of such disaster emergency has been made by the governor or his or h…