Update: As of July 28, 2011, according to the Sayville Patch, County Legislator Jon Cooper has pulled this proposed resolution...

During a public hearing in June, it was pointed out the legality of such a resolution was questionable, due to New York's General Business Statutes-Article 35-D. Mr. Cooper commented "What I really like about the idea is that it's not going to put anyone out of business, and it's not going to cost the taxpayers money." The proposed resolution opened up the possibility of Suffolk County, New York being sued.

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Below is the original article...

This bill also exempts rescues and shelters from the regulations. Hmm…great way to eliminate the competition, don’t you think?

Why are they being exempted? Should they not have to meet the same standards that they are screaming for breeders to meet? I don’t care if you call it an adoption fee, spay/neuter fee, or whatever, it is still a retail sale! In fact, this bill does not require an animal rescue to have a dedicated shelter facility for rescued animals! Persons who purchase their pets from licensed pet dealers are protected by New York’s “Pet Lemon Law”; if they are purchased from a shelter or rescue, there is no protection or recourse! 

Suffolk County, New York County Legislator Jon Cooper has, on June 7, 2011, introduced Resolution 1545-2011 which would “ban the retail sale of puppies from sub-standard commercial breeding facilities (“puppy mills”).” In Section 3 of this bill, it states: “Any pet store or pet store operator in the County of Suffolk shall only display or showcase puppies available for adoption through an animal shelter or an animal rescue organization.”

Section 4 states: “A. No pet store or pet store operator shall sell, offer for sale, barter, auction, give away or otherwise dispose of a puppy in the County of Suffolk. B. No person shall sell or offer for sale puppies on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.” The bill, if passed, would go into effect 120 days from the filing with the Secretary of State of New York. It would seem that Mr. Cooper has forgotten that EXISTING laws already address the issues his proposed resolution addresses.

Mr. Cooper targets ALL breeders in the Midwest, South and portions of Pennsylvania as being puppy mills. This bill targets the United States Department of Agriculture (USDA) for failing to enforce existing regulations on animal care standards. It accuses breeders of poor care conditions and living environment, over-breeding females and auctioning, abandoning or killing them when they are finished breeding, lack of veterinary care and socialization, health issues with the animals, and generally “ripping off” consumers. Breeders, he is attacking your integrity!

Mr. Cooper believes that by banning the retail sale of puppies, this will decrease the demand for puppies from commercial breeders and increase the demand for puppies from small/hobby breeders, shelters, rescues and local humane societies. Mr. Cooper needs to do his homework-how many puppies were imported from other countries in an effort to meet the American demand for puppies? Did these very imported puppies not bring with them an outbreak of distemper that is spreading across the country?

According to comments made in the North Shore Sun, “Cooper accuses every pet store in Suffolk County of obtaining dogs from abusive, illegally operated “puppy mills.” According to the Dog Federation of New York, “Mr. Cooper’s “proof” that the dogs offered for sale by small business owners in Suffolk County are the victims of cruelty hinges on the location of their birth. If the dog was born in Missouri, Mr. Cooper reasons that the dog is the product of abuse. If the dog was born in Suffolk County, it is not.” "We are deeply concerned about Leg. Cooper’s motives and his grasp of the facts. His association with extremist groups such as the Animal Legal Defense Fund is troubling," stated DFNY spokesperson Mahlon Goer.

She went further to state “Sadly, Leg. Cooper is choosing to exploit the complex and difficult issue of shelter euthanasia to grab headlines and gain political support by using inflammatory statements and false, misleading information”. According to the National Council on Pet Population Study and Policy, “only 3.9% of dogs end up in shelters come from pet stores.” according to the Dog Federation of New York. “We want to make sure that New York remains the most dog-friendly place in the world”, said Ms. Goer. “Extreme proposals designed to punish small businesses and favor other suppliers of pets in the marketplace should never be a part of life in any county in New York.”

One other point here: the US Constitution protects interstate commerce by saying: “Only Congress shall have the power to regulate commerce between states.” Mr. Cooper’s proposed resolution violates the US Constitution. In Article 35-D of New York’s General Business Statutes, it states:
751. Legislative intent. It is hereby determined and declared that supervision by the state of the sale of dogs or cats by pet dealers is within the public interest…”
752. 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. For purposes of section seven hundred fifty-three of this article a "pet dealer" shall mean any person who, in the ordinary course of business, engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders of
   animals who sell or offer for sale animals directly to a consumer…”

If you oppose this proposed resolution, contact the Suffolk County Legislator’s. We have attached a link to make it more convenient for you.
Suffolk County NY Legislators

This is due to be heard in hearing on August 2, 2011 at 4PM in the Hauppauge Legislative Auditorium, W.H. Rogers Legislature Building, 725 Veterans Memorial Highway, Smithtown, New York.

Researched and Written by Debi R***