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Pets

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Pet Lemon Law

N.Y. General Business Law § 753

The “Pet Lemon Law” governs the sale of dogs and cats by pet dealers (who sell nine (9) or more pets to the public per year) and breeders (who sell more than twenty five (25) pets a year from their residence in New York State, or nine (9) or more per year to the public).

Under the law, when a pet is certified by a licensed veterinarian, within fourteen (14) business days of purchase, that the animal is unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or presence or symptoms of a contagious or infectious disease, the consumer may do the following:

  • Return the animal for a refund of the purchase price, sales tax, and reasonable veterinary costs related to the certification within ten (10) days of the notice;
  • Exchange the pet and receive the reasonable veterinary costs directly related to the vet’s certification; or,
  • Retain the animal and receive reimbursement from the pet dealer/breeder for veterinary services for the purpose of curing or attempting to cure the animal. The veterinary costs cannot exceed the purchase price of the animal.

Dog Licensing

§ N.Y. Agriculture & Markets Law §§ 109-119
§ N.Y. Agriculture and Markets Law Article 7

Every dog, regardless of age, owned or harbored in New York State for longer than thirty (30) days must be licensed in the town, city or village where the dog is being harbored.

The following are the only exemptions to obtaining a license:

  • If the dog is under four (4) months of age and not running-at-large (off the owner’s premises)
  • Dogs harbored in New York City have separate rules to adhere to and must be licensed by the NYC Department of Health
  • If a non-resident brings a dog into New York State for less than thirty (30) days and the dog is licensed according to the resident state’s licensing laws
  • Dogs confined to the premises of any public or private hospital, research institution or a Class A Dealer with a certificate of exemption from the Commissioner of Agriculture and Markets.
Article 7 of New York State Agriculture and Markets law relates to the licensing, identification and control of dogs and the animal population control program in New York State. The provisions are administered by the New York State Department of Agriculture and Markets. Dogs harbored in New York City, however, must be licensed by the New York City Department of Health. Local officials, generally animal control officers or dog control officers, are responsible for enforcing Article 7.

How To License A Dog

Consumers should apply for a dog license at the local licensing agent or download the instructions for dog licensing on the website of the New York State Department of Agriculture and Markets. A local licensing agent would include the clerk of the town, city or, in some counties, and villages. For guide, war, hearing, police work, service, therapy, or detection dogs, satisfactory proof is required, such as a training certificate, etc. for licenses. If interested in a purebred license, consumers should contact the local licensing clerk.

In addition to the application, the owner will need:
  1. A certificate from a licensed veterinarian or an affidavit from the owner showing that the dog has been spayed or neutered, where appropriate, unless this proof is already on file with the clerk;
  2. A rabies vaccination signed by a licensed veterinarian or a certificate stating why the life of the dog three (3) months or older would be endangered by the vaccine; and,
  3. A check payable to the municipal licensing agent for the appropriate license fee. License fees vary by municipality, but local fees may not exceed $10.00. Additionally, State imposed fees are higher for dogs which are unspayed or unneutered, than for those who are spayed and neutered.
After the application and appropriate certificates are filed and the license fee has been paid, the license will be issued for one (1) year by the municipal licensing agent. Each dog is assigned a permanent official identification (ID) number and issued a metal ID tag which is to be attached to the dog’s collar. NO REFUND WILL BE MADE AFTER A LICENSE HAS BEEN VALIDATED. The animal control officer of the municipality is responsible for enforcement of these laws.

How to Change a License

To ensure the accuracy of license records, it is essential that any change to the information on the license be provided to the local licensing agent who in turn will notify the Department of Agriculture and Markets. The owner must provide in writing any of the following changes:

  • dog ownership
  • dog owner’s address
  • loss or theft of the dog (and if the dog is found, its return) and
  • death of a dog

Local Dog Control Services

§ N.Y. Agriculture and Markets Law Article 7

Every licensing town, city, or village must have a Dog Control Officer (DCO) and municipal shelter services. The DCO and shelter service enforces both State and any local dog laws and ordinances. Further, it is the DCO’s responsibility to pick up lost and stray dogs and humanely care for them until they can be reunited with their owners.

Consumers who have lost a dog, or who have found a lost dog, should immediately contact the local DCO or shelter. Owners should seek lost unidentified dogs at the municipal shelter.

If a dog is lost but identified with a NYS identification tag, the DCO will contact the New York State Department of Agriculture and Markets to trace the dog tag to the owner.

The local dog control officer must institute action for violations of both State and local laws. Fines or civil penalties shall be up to $25 for the first offense, $50 for the second and $100 for the third and subsequent offenses.

If a dog injures or kills livestock, the local DCO should be notified immediately. Do NOT destroy or bury the animal. The dog must be available for examination so the DCO can appraise the damage.

Impoundment

A dog, whether licensed or not, that has been captured by the local pound shall be held for a period of five (5) days from the day seized. During those five (5) days, the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 and further provided that the owner pays the following impoundment fees:

  1. ten dollars ($10) for the first impoundment of any dog owned by that person;

  2. twenty dollars ($20) for the first twenty-four (24) hours or part thereof and three dollars ($3) for each additional twenty-four (24) hours or part thereof for the second impoundment, within one (1) year of the first impoundment, of any dog owned by that person; or,

  3. thirty dollars ($30) for the first twenty-four (24) hours or part thereof and three dollars ($3) for each additional twenty-four (24) hours or part thereof for the third and subsequent impoundments, within one (1) year of the first impoundment, of any dog owned by that person.
These fees are in addition to any municipality fees that may be set and imposed by local law or ordinance.

Pet Abandonment

§ N.Y. Agriculture and Markets Law §§ 331, 332

An animal is deemed abandoned when it has been left in the custody of a veterinarian, veterinary hospital, boarding kennel owner, or operator, stable owner, or any other person for board, treatment, or care for the pet and after left in the custody of such facility, the facility has given notice to the owner and the owner has not retrieved the pet.

Any person may deliver a pet to a humane society or society for the prevention of cruelty to animals having facilities for the care and eventual disposition of such animals, or, in the case of dogs, cats and other small animals, to any pound maintained by or under contract or agreement with any county, city, town, or village within which such animal was abandoned. The person in custody or care looking to deliver the animal to the humane society, etc., must give the original owner notice of the animal’s whereabouts. If an animal is not claimed by its owner within five (5) days after being delivered to the humane society or society for the prevention of cruelty to animals, or pound, the animal may at any time be placed for adoption in a suitable home or euthanized.

Animal Population Control Program

§ N.Y. Agriculture & Markets Law § 117-a

This state-funded program provides low-cost spaying/neutering services to New York residents who adopt a dog or cat from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society, or dog or cat protective association. A list of veterinarians participating in the program will be distributed to the owner at the time of adoption. The fee for having a dog or cat spayed/neutered under this program is minimal. The veterinarian must provide, if deemed necessary, for appropriate pre-surgical immunizations. The owner may not be charged more than $10 for each immunization.

Federal Animal Welfare Act

§ 17 U.S.C. § 2131 et seq.

Acting under the authority of the federal Animal Welfare Act, the U.S. Department of Agriculture (USDA) regulates commercial breeders, dealers and caretakers and sets standards for humane treatment of dogs and other animals.

Buster’s Law

§ N.Y. Agriculture and Markets Law § 353-a

In New York State, aggravated cruelty towards companion animals (pets), which results in an animal’s death or serious injury, is a criminal felony. Companion animal or pet means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" does not include a "farm animal" as defined in this section.

Additional Information

For additional information, you may want to contact the following organizations:

ASPCA: 1-202-232-5020
Humane Society of the United States: 1-202-452-1100
American Kennel Club (AKC): 1-800-AKC-TELL