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Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, December 11, 2017
Proposed Rules Content: 
 

Statement of Basis and Purpose

 

Background

Local Laws 5, 7 and 8 of 2015, as amended by Local Laws 53 and 55 of 2015, added a new Chapter 17 and amended Chapters 3 and 8 of Title 17 of the Administrative Code regarding the sale of animals in pet shops. The Administrative Code now requires that pet shops selling dogs or cats acquire them only from holders of the United States Department of Agriculture (“USDA”) Class A licenses.  Additionally, pet shops must document and maintain information about the sources, sales, health and breeding histories of the dogs and cats they sell.  The shops must sterilize dogs and cats that are at least eight weeks old and two pounds in weight, and dogs and cats must have microchips implanted before being sold.

The Department is proposing to add a new Chapter 5 to Title 24 of the Rules of the City of New York to implement these recently enacted provisions of the Administrative Code.

In compliance with §§1043(a) and 389(b) of the New York City Charter, a notice of public hearing and notice of intent to add a new Chapter 5 (“Pet Shops”) to Title 24 of the Rules of the City of New York were published in the City Record on January 31, 2017, and a public hearing was held on March 2, 2017. No written comments were received and no individuals testified at the hearing.

Subsequent to the public hearing, however, the Department decided to revise the proposal because the USDA website has been changed and currently contains only some of the inspection reports relating Class A licensees.  As a result, the proposal has been revised to clarify the means of complying with Administrative Code §§17-1702(a) and 17-1703.

The Proposed Amendment

The Department is proposing to add a new Chapter 5 to Title 24 of the Rules of the City of New York to implement these recently enacted provisions of the Administrative Code. To implement the recordkeeping and consumer disclosure requirements of the Administrative Code, the proposed rules require pet shops to collect and maintain required information, and to provide it to prospective purchasers as mandated, using only forms provided by the Department. The forms are listed on the checklist below. Requiring standardized forms promotes compliance by assuring that pet shops completing the documents will have collected all of the information required by the Administrative Code, and facilitates Department review and pet owners’ understanding of records.

The Administrative Code directs the Department to set fees that a pet shop may collect for providing prospective purchasers with USDA inspection reports. The proposed rules set nominal copying fees of up to $.25 per page.

To enable the Department to promptly issue dog license tags to people purchasing dogs at pet shops, the proposed rules require that a pet shop submit any dog license application completed in paper copy to the Department within 10 days of the sale. Pet shops enrolled in the Department’s online dog licensing system may avoid this paperwork.

Dogs and cats offered for adoption at pet shops by permitted animal shelters and incorporated not-for-profit animal rescue groups are exempt from these new laws.  To assist enforcement officers in determining when this is the case, the proposed rules require pet shops to maintain, on site and available for inspection, a copy of the animal shelter’s permit issued by the Commissioner or the rescue group’s proof of not-for-profit status, for as long as these organizations are using the pet shop’s space.

The changes made to the proposed rule subsequent to the public hearing would clarify the means of complying with relevant provisions of Administrative Code Sections 17-1702 and 17-1703.  The Department welcomes comments from the public regarding this change.

Finally, these provisions do not apply when a cat or dog is sold by a person who breeds and sells fewer than a total of 25 dogs and cats per calendar year directly from where such dogs and cats are born and raised on the breeder’s residential premises.

The Administrative Code establishes penalties of $500 per violation per day.

Below is a summary of the documents that would satisfy the requirements of the proposed rule:

 

Checklist of Required Documents

 

DOHMH Form Number

Document

Recordkeeping, Subject to Inspection

(Maintain for 5 years unless otherwise noted)

Provide to Purchaser

USDA, Animal and Plant Health Inspection Service (APHIS)

201-D-USDA 7001

Form 7001

201-D-USDA 7006

Form 7006

 

n/a

Copy of source’s USDA APHIS inspection reports from last 3 years

NYS Agriculture and Markets, Division of Animal Industry

204-D-AGMKT-Form A

Veterinary Health Certificate

Pet shop to keep original

 

205-D-AGMKT-Form C

Receipt

206-D-AGMKT-Form E

Information Statement

207-D-AGMKT-Form H

Pedigree (for animal capable of being registered)

(if applicable)

(if applicable)

208-D-AGMKT-Form I

Consumer Rights/NYS Article 35-D

New York City-Only Documents

209-D-VPHS-Purchaser Statement

Purchaser Statement

Maintain statement for 10 years and attachments for 5 years

n/a

Microchip usage instructions provided by the manufacturer or registration company

n/a

Sterilization Certification

(Record from the veterinarian of sterilization procedure performed on dog or cat)

n/a

Receipt log showing sale of dog license (if the pet shop does not use the online dog license system and the dog will live in NYC) 

 

213-D-VPHS-Source Affidavit

Affidavit from source

 

214-D-VPHS-38

Self-inspection of Animal Holding Facilities

 

203-D-AGMKT-Vet Care Plan

Veterinary Care Plan

 

215-D-VPHS

Pet Shop statement regarding diligent check of the USDA website

 

                                                                                                                                                                                                                                   



Subject: 

Proposed resolution to add new Chapter 5 (“Pet Shops”) to Title 24 of the Rules of the City of New York to implement the new requirements set forth in Subchapter 9 of Chapter 3, Chapter 8 and Chapter 17 of Title 17 of the Administrative Code of the City of New York.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-34
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose

 

Statutory Authority

These amendments to the New York City Health Code (the “Health Code”) are authorized by sections 558 and 1043 of the New York City Charter (the “Charter”).  Sections 558(b) and (c) of the Charter empower the Board of Health (the “Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the “Department”) extends. Section 1043 grants the Department rulemaking authority. 

 

Background

 

The Department’s Bureau of Veterinary and Pest Control Services enforces Health Code Article 161 pertaining to the control of animals in the City.  Article 161 currently requires pet shops other than those selling dogs and cats to have permits and to comply with other provisions of the Health Code.  The N.Y. State Agriculture and Markets Law Article 26-A (“Care of Animals by Pet Dealers”) formerly prohibited local regulation of “pet dealers,” defined in such State law as an entity that sells more than nine animals (dogs and/or cats) to the public per year. See Agriculture and Markets Law §§400 subdivisions (1) and (4) and 400-a.  Effective January 10, 2014, this law was amended and a new §407 authorizes local regulation of these entities, provided that the local law is no less stringent than Article 26-A or effectively results in banning of all sales of dogs or cats “raised and maintained in a healthy and safe manner.”

 

On January 17, 2015, Local Law 5 of 2015 was enacted, and on June 2, 2015 was further amended by Local Law 53. Read together, Title 17 of the New York City Administrative Code now authorizes the Department to regulate pet shops selling dogs and cats, and Administrative Code § 17-372 requires such pet shops to hold permits issued by the Commissioner of the Department.  The law was to have become effective June 1, 2015, but was stayed on that date as a result of a challenge in the U.S. Court for the Eastern District of New York by certain pet shops and animal dealers. On October 20, 2015 it was upheld by the court and is therefore now in effect. An appeal filed after publication of the notice of intention to amend the Health Code is currently pending.   

 

The Board of Health is amending provisions of Article 161 that explicitly state that they are not applicable to sales of dogs and cats by pet dealers regulated under Article 26-A of the Agriculture and Markets Law, since pet shops selling these animals are again being regulated by the Department.  Pet shops selling only animals other than dogs and/or cats continue to be regulated by the Department and none of these amendments substantively affect those pet shops. In conjunction with these amendments, the permit fees and expiration dates set forth in Health Code Article 5 are also amended to be consistent with the fees set forth in the new Administrative Code  §17-374.

 

Effective Date: 
Mon, 07/18/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 10, 2016
Proposed Rules Content: 
 

Statement of Basis and Purpose

 

Statutory Authority

 

These amendments to the New York City Health Code (the Health Code) are authorized by sections 558 and 1043 of the New York City Charter (the Charter).  Sections 558(b) and (c) of the Charter empower the Board of Health (the Board) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the Department) extends. Section 1043 grants the Department rulemaking authority. 

Background

The Department’s Bureau of Veterinary and Pest Control Services enforces Health Code Article 161 pertaining to the control of animals in the City.  Article 161 currently requires pet shops other than those selling dogs and cats to have permits and to comply with other provisions of the Health Code.  The N.Y. State Agriculture and Markets Law Article 26-A (“Care of Animals by Pet Dealers”) formerly prohibited local regulation of “pet dealers,” defined in such State law as an entity that sells more than nine animals (dogs and/or cats) to the public per year. See Agriculture and Markets Law §§400 subdivisions (1) and (4) and 400-a.  Effective January 10, 2014, this law was amended and a new §407 authorizes local regulation of these entities, provided that the local law is no less stringent than Article 26-A or effectively results in banning of all sales of dogs or cats “raised and maintained in a healthy and safe manner.”

 

On January 17, 2015, Local Law 5 of 2015 was enacted, and on June 2, 2015 was further amended by Local Law 53. Read together, Title 17 of the New York City Administrative Code now authorizes the Department to regulate pet shops selling dogs and cats. As a result, Administrative Code § 17-372 requires such pet shops to hold permits issued by the Commissioner of the Department.  The law was supposed to have become effective June 1, 2015, but was stayed on that date as a result of a challenge in the U.S. Court for the Eastern District of New York by certain pet shops and animal dealers. On October 20, 2015 it was upheld by the court and is therefore now in effect.   

 

Amendments to Health Code Articles 5 and 161

 

The Department is requesting that the Board of Health amend those provisions of Article 161 that currently explicitly state that they are not applicable to sales of dogs and cats by pet dealers regulated under Article 26-A of the Agriculture and Markets Law, since pet shops selling these animals are again regulated by the Department.  Pet shops selling only animals other than dogs and/or cats continue to be regulated by the Department and none of the proposed changes would substantively affect those pet shops. In conjunction with these amendments, the Department is proposing that the permit fees and expiration dates set forth in Health Code Article 5 also be amended to be consistent with the fees set forth in the new Administrative Code  §17-374.

The resolution is as follows.

Shall and must denote mandatory requirements and may be used interchangeably.

 

 

Subject: 

Proposed resolution to amend Article 161(Animals) and Article 5 (Permits) of the New York City Health Code regarding pet shops.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-43
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf):