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

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