2023 New York Laws › AGM - Agriculture and Markets › Article 26-C - Regulation of Animal Shelters › 421 - License Required and Inspection of Facilities.

* §  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
provisions  of  this section. Notwithstanding the foregoing, any person,
operating an animal shelter on or before  the  effective  date  of  this
section,  who has filed an application for an initial license under this
article is hereby authorized to operate without such license  until  the
commissioner  grants  or,  after  notice  of an opportunity to be heard,
declines to grant such license. Each application for  license  shall  be
made  on  a  form  supplied  by  the  department  and shall contain such
information as required by the commissioner. Renewal applications  shall
be  submitted  to  the  commissioner  at  least thirty days prior to the
commencement of the next license year.
2. Application for licensure as set forth in  this  section  shall  be
made   annually  to  the  commissioner  on  a  form  prescribed  by  the
commissioner.   Such form shall  include  but  not  be  limited  to  the
following information, provided however that paragraphs (a), (b) and (c)
of  this  subdivision shall not apply to municipal pounds or shelters as
defined in paragraph (b) of subdivision four of section four hundred  of
this chapter:
(a)  Proof  of  the  applicant's  tax  exempt  designation pursuant to
paragraph 3 of subsection (c) of section 501  of  the  federal  Internal
Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
the federal Internal Revenue Code, as from time to time amended;
(b)  Proof  of  the  applicant's  incorporation  as  a  not-for-profit
organization in this state pursuant to  the  not-for-profit  corporation
law,  provided  further  that such organization is in good standing with
the attorney general and the department of state;
(c) Proof of the applicant's registration with  the  attorney  general
pursuant to article seven-A of the executive law;
(d)  If  the  applicant  is a municipal pound or shelter as defined in
paragraph (b) of subdivision  four  of  section  four  hundred  of  this
chapter, a copy of the applicant's employer identification number;
(e)  The  name  of the applicant and the name or names under which the
applicant offers its services to the public, any name  under  which  the
applicant  has  offered such services to the public during the past five
years, and whether the applicant has ever  held  a  pet  dealer  license
issued pursuant to article twenty-six-A of this chapter;
(f)  The  address  and  telephone  number of the applicant and for any
other premises owned or leased by such applicant's organization to carry
out the purposes for which it  was  incorporated  and  by  which  it  is
eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
subdivision four of section four hundred of this chapter;
(g) The website and email address of the applicant;
(h)  The number of animals taken in, adopted, placed into permanent or
temporary homes, or otherwise transferred into, out of,  or  within  the
state by the applicant during the prior calendar year;
(i) The number of animals currently harbored by the applicant;
(j)  The  species  of  animal  the  applicant  typically  harbors  for
adoption, placement or transfer;
(k) A description of facilities by which the applicant carries out the
purposes for which it was incorporated, including a statement  regarding
whether  the  applicant  harbors  the  animals  in  its  care in its own
physical  animal  shelter  or  utilizes  foster  care  provider   homes,
commercial boarding kennels or other arrangements;
(l) A sworn statement, signed by the applicant, declaring an exemption
from  the  definition  of pet dealer pursuant to section four hundred of
this chapter;
(m)  Current  training protocol and procedural practices as prescribed
pursuant  to  sections  four  hundred  twenty-two   and   four   hundred
twenty-three of this article; and
(n)  Other information as deemed necessary to satisfy the commissioner
of the applicant's character and responsibility.
3. The commissioner shall conduct an  inspection  of  the  applicant's
facilities  prior to the issuance of a license pursuant to this section,
and annual inspections of the applicant's facilities  licensed  pursuant
to  this  section prior to renewal of such license. The commissioner may
periodically conduct unannounced inspections  of  such  facilities,  and
whenever,  in  the  discretion of the commissioner, a complaint warrants
such investigation. Animal shelters licensed pursuant  to  this  section
shall  provide  open  hours  to the commissioner so that inspections can
occur in a timely manner. Renewal of an animal shelter license shall not
be granted until all outstanding  violations  issued  pursuant  to  this
article  are  corrected  and any outstanding monetary penalties assessed
pursuant to this article are paid in full.
4. Upon validation by the commissioner, the application  shall  become
the  license  of the animal shelter and an exemption from the definition
of pet dealer as defined in section four hundred of this  chapter  shall
be  granted.  The  commissioner  shall retain a copy of such license and
provide a copy of the license to the  animal  shelter.  Animal  shelters
licensed  pursuant  to  this  section  shall conspicuously display their
license on the premises where its animals are harbored. The commissioner
shall  also  provide  the  licensee  with   a   pet   dealer   exemption
identification    number.    The   licensee's   pet   dealer   exemption
identification number shall be prominently displayed on  the  licensee's
websites  and  any  publications or advertisements made available to the
public.
5. Such license shall be renewable annually, upon  the  payment  of  a
nonrefundable fee of one hundred fifty dollars.
6.  The  moneys  received by the commissioner pursuant to this section
shall be deposited in the "animal shelter regulation  fund"  established
pursuant to section ninety-nine-pp of the state finance law.
7.  The  commissioner may decline to grant or renew, or may suspend or
revoke an animal shelter license, on any one or more  of  the  following
grounds,  provided  that  before  any  of the aforementioned actions are
taken pursuant to this section, the commissioner shall hold  a  hearing,
upon  due  notice  to  the  licensee  in accordance with any regulations
promulgated by the department and in accordance with articles three  and
four  of  the  state  administrative procedure act, and provided further
that any action of the commissioner is subject to judicial review  in  a
proceeding  under  article  seventy-eight  of the civil practice law and
rules:
(a) material misstatement in the license application;
(b) material misstatement in or falsification of records  required  to
be  kept  pursuant  to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner to inspect  records  of
animal shelter facilities;
(c)  violation  of  any  provision  of this article or conviction of a
violation of any provision of article  twenty-six  of  this  chapter  or
regulations  promulgated  thereunder  pertaining  to humane treatment of
animals, cruelty to animals,  endangering  the  life  or  health  of  an
animal,  or  violation of any federal, state, or local law pertaining to
the care, treatment, sale, possession, or handling  of  animals  or  any

regulation or rule relating to the endangerment of the life or health of
an animal;
(d)  failure  to  comply with any of the provisions of this article or
the licensing exemption requirements of section  four  hundred  of  this
chapter;  1  NYCRR  Part  65 regarding the importation of dogs and cats;
section twenty-one hundred forty-one of the public  health  law  or  any
rule  or  regulation  promulgated  thereunder; or any rule or regulation
promulgated by the commissioner following the  effective  date  of  this
article to effectuate the purposes of this article;
(e)  failure  to  renew  a  license  within  the  period prescribed in
subdivision one of this section; or
(f) the applicant or registrant  was  previously  licensed  as  a  pet
dealer pursuant to article twenty-six-A of this chapter.
* NB Effective December 15, 2025