Suffolk County Resolution 1545-2011 Revoked

July 31. 2011 11:16

I had heard a while ago that the big pet store chain "Pets Unlimited" in my area was going to stop selling kittens and pups. I will have to look into that and see if they've actually done it yet. I know that once I learned about puppy mils and the like, I stopped shopping at any pet store that sold pups/cats. I think if more people stopped shopping at these places all together, (I mean there are usually LOTS of other choices of pet places to shop) then it would force ALL stores that sell these animals to either stop doing so, or close the business altogether.

Jenn~n~Luke

July 31. 2011 12:23

Dear Donna,

As you reported in your blog post, my office had been working diligently to draft Resolution No. IR 1545, A Local Law Banning the Retail Sale in Suffolk County of Puppies from Substandard Commercial Breeding Facilities (“Puppy Mills”).  Unfortunately, our legislative counsel recently reached the definitive conclusion that there is no way for us to overcome one key legal obstacle to its adoption.  According to the Suffolk County Department of Law, this proposed law is “expressly preempted by Article 35-D of the [New York] State General Business Law,” which prohibits local municipalities from enacting any legislation regulating pet dealers.

Because of this existing NY State preemption, I reluctantly came to the conclusion that I had no choice but to withdraw this bill.  As a result, the public hearing on this resolution scheduled for the evening of Tuesday, August 2 has been canceled.

However, I am pleased to advise I will now be moving forward with an alternative proposal that legislative counsel says would not be preempted by NY State law.  This new resolution will create the nation’s first rating system for pet stores that sell puppies and/or kittens.  It will be modeled after rating systems already widely in place nationwide for restaurants.  This voluntary rating system will be designed to educate consumers and pet lovers about the level of care provided by pet stores that choose to sell companion animals, as well as the conditions of care at the breeding facilities that supply puppies and kittens to those businesses.

The goal of this landmark program will be to encourage consumers to patronize pet stores that provide the highest levels of care for animals on their premises, as well as stores that source puppies and kittens from breeders that provide the highest standards of care for dogs and cats at their facilities.

Over the coming weeks, we will be drawing up a detailed list of criteria that will be used to rate both pet stores and breeding facilities, which will form the basis of Suffolk County’s new “Pet Store Companion Animal Rating System.”  I invite you and your readers to provide input into this process and look forward to receiving your recommendations as regards the specific criteria that should be included.  Please email any suggestions to my attention at jon.cooper@suffolkcountyny.gov.

It is my hope that such a rating system will provide a legally permissible way for Suffolk County to reduce the demand for companion animals sourced from “puppy mills” and “kitten factories.”  I welcome your comments and suggestions.

Best regards,

Jon Cooper
Majority Leader
Suffolk County Legislature
(631) 854-4500

Legislator Jon Cooper