a. Any pet shop that displays, offers for sale, delivers, barters, auctions, gives away, transfers or sells any dog or cat shall obtain such dog or cat from a source that, as of the date such pet shop receives such animal, shall attest in a sworn affidavit that such source:
1. holds a valid and active class A license that has not been suspended at any time during the prior five years; and
2. has not received any of the following in connection with such license:
(a) a finally determined "direct" non-compliant item citation pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder at any time during the prior three years; or
(b) a finally determined citation for failure to provide inspectors access to property or records as required pursuant to 9 CFR § 2.126, or successor regulations in either of the two most recent United States department of agriculture inspection reports; or
(c) three or more distinct finally determined non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, other than citations for failure to provide inspectors access to property or records as required pursuant to 9 CFR § 2.126, or successor regulations, in the most recent United States department of agriculture inspection report; or
(d) one or more finally determined repeat non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, in the most recent United States department of agriculture inspection report; or
(e) a finally determined order to cease and desist, issued by an administrative law judge, at any time during the prior five years; or
(f) a finally determined order to pay a civil penalty, issued by an administrative law judge, at any time during the prior five years; and
3. has not been convicted of a violation of the minimum standards of animal care provided for in section four hundred one of the agriculture and markets law at any time during the prior five years; and
4. has never been convicted of an animal abuse crime prior to delivering such animal or animals into the custody of such pet shop.
b. Notwithstanding subdivision a of this section, it shall be unlawful for any pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any dog or cat knowingly obtained from a class B dealer.
c. It shall be unlawful for any pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any rabbit or guinea pig.
d. A pet shop that allows an animal shelter or animal rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to such animals, provided such pet shop does not have an ownership interest in such animals. A pet shop shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to animals it surrenders to a non-profit shelter or animal rescue group, so long as such pet shop does not derive a fee therefor.
(L.L. 2015/005, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015; Am. L.L. 2023/054, 5/12/2023, eff. 6/11/2023; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.