Section 379. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat


Latest version.
  • 1.  It  shall be unlawful for any person, firm, partnership or  corporation to knowingly import,  sell,  offer  for  sale,  manufacture,
      distribute,  transport  or  otherwise  market or trade in the fur, hair,
      skin or flesh of a domesticated dog (canis familiaris)  or  domesticated
      cat (felis catus or domesticus), whether domestically raised or imported
      from  another country, or any product or item containing or comprised of
      the fur, hair, skin or flesh of a dog or cat. As used  in  this  section
      the  term  "domesticated  dog  or  cat" shall not mean or include coyote
      (ranis latrans), fox  (vulpes  volpes,  vulpes  cinereoargenteus),  lynx
      (felis lynx) or bobcat (felis rufus).
        2.  Manufacturers  or  suppliers  shall  provide certification to each
      retailer that any fur, hair, skin or flesh contained in  such  items  is
      not derived from domesticated dog or domesticated cat.
        3.  The  commissioner shall establish a standard for the certification
      required by the provisions of subdivision two of  this  section  on  the
      effective date of this section.
        4.  A violation of this section shall be punishable by a civil penalty
      of up to one thousand dollars for an individual and up to five  thousand
      dollars  for  a  corporation  for  the  first  violation. Any subsequent
      violation shall be punishable by a civil penalty of  up  to  twenty-five
      thousand dollars.
        5.  Any  civil penalties collected pursuant to this section of law are
      payable to the animal population control fund  established  pursuant  to
      section ninety-seven-xx of the state finance law.
        6.  (a) No provision of this section shall be construed to prohibit or
      interfere with any properly conducted scientific tests,  experiments  or
      investigations  involving  the use of dog or cat fur or flesh, performed
      or conducted in laboratories or institutions,  which  are  approved  for
      these  purposes  by  the state commissioner of health in accordance with
      section three hundred fifty-three of this article.
        (b) No provision of this section shall be construed  to  prohibit  any
      person,  firm,  partnership  or  corporation  from  importing,  selling,
      offering  for  sale,  manufacturing,  distributing,   transporting,   or
      otherwise  marketing  or  trading  in the fur, hair, skin, or flesh of a
      domesticated dog or cat for the purposes of conducting scientific tests,
      experiments or investigations that are to be performed or  conducted  in
      laboratories  or  institutions, which are approved for these purposes by
      the state commissioner  of  health  in  accordance  with  section  three
      hundred fifty-three of this article.