Amd §§16, 400 & 408, Ag & Mkts L; amd §752, add §753-f, Gen Bus L
Prohibits the sale of dogs, cats and rabbits by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.
STATE OF NEW YORK
________________________________________________________________________
4283
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. L. ROSENTHAL, BARNWELL, EPSTEIN, CRUZ, HUNTER,
GOTTFRIED, GLICK, SEAWRIGHT, FERNANDEZ, PAULIN, LAVINE, FAHY, KIM,
WALLACE, JACOBSON, DINOWITZ, DICKENS, BENEDETTO, COLTON, SCHMITT,
WEPRIN, QUART, ENGLEBRIGHT, FRONTUS, OTIS, BRONSON, DE LA ROSA, REYES,
NIOU, RAMOS, BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. HEVE-
SI, SIMON, THIELE -- read once and referred to the Committee on Agri-
culture
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the sale of dogs, cats and rabbits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 48 of section 16 of the agriculture and markets
2 law, as added by chapter 384 of the laws of 2015, is amended to read as
3 follows:
4 48. Make available in written and electronic medium, in a manner read-
5 ily accessible to police agencies and officers and district attorneys,
6 information about animal cruelty and protection laws in this chapter,
7 including, but not limited to, article twenty-six of this chapter and
8 section seven hundred fifty-three-f of the general business law. The
9 development of such information shall be coordinated with the division
10 of criminal justice services, including the municipal police training
11 council, in a manner designed to enhance training of municipal police
12 officers and to assist such officers and district attorneys in enforcing
13 and applying such laws.
14 § 2. Paragraphs (b) and (c) of subdivision 4 of section 400 of the
15 agriculture and markets law, as added by chapter 168 of the laws of
16 2017, are amended and a new paragraph (d) is added to read as follows:
17 (b) Any municipal pound or shelter dedicated to the care of unwanted
18 animals which makes such animals available for adoption whether or not a
19 fee for such adoption is charged, established and maintained pursuant to
20 subdivision one of section one hundred fourteen of this chapter;[ and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00535-02-1
A. 4283 2
1 (c) Any duly incorporated society for the prevention of cruelty to
2 animals, duly incorporated humane society, duly incorporated animal
3 protective association or other duly incorporated animal adoption or
4 animal rescue organization dedicated to the care of unwanted animals
5 which makes such animals available for adoption whether or not a fee for
6 such adoption is charged that is exempt from taxes pursuant to paragraph
7 (3) of subsection (c) of section 501 of the federal Internal Revenue
8 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the
9 federal Internal Revenue Code, as from time to time amended, that is
10 registered with the department pursuant to section four hundred eight of
11 this article[.]; and
12 (d) Any retail pet shop as defined in subdivision eight of section
13 seven hundred fifty-two of the general business law.
14 § 3. Paragraphs (e) and (f) of subdivision 4 of section 408 of the
15 agriculture and markets law, as added by chapter 168 of the laws of
16 2017, are amended and a new paragraph (g) is added to read as follows:
17 (e) The applicant or registrant is determined by the commissioner to
18 be in violation of section twenty-one hundred forty-one of the public
19 health law or any rule or regulation promulgated thereunder by the
20 commissioner of health; [and]
21 (f) The applicant or registrant, or an officer or director has been
22 responsible in whole or in part for any act on account of which an
23 application for registration may be denied or a registration cancelled
24 pursuant to the provisions of this article[.]; and
25 (g) The applicant or registrant was previously licensed as a pet deal-
26 er pursuant to this article.
27 § 4. The opening paragraph of subdivision 3 of section 752 of the
28 general business law, as amended by chapter 168 of the laws of 2017, is
29 amended and a new paragraph (d) is added to read as follows:
30 For purposes of section seven hundred fifty-three of this article, a
31 "pet dealer" shall mean any person who, in the ordinary course of busi-
32 ness, engages in the sale or offering for sale of more than nine animals
33 per year for profit to the public. Such definition shall include breed-
34 ers of animals who sell or offer for sale animals directly to a consumer
35 but it shall not include any retail pet shop as defined in subdivision
36 eight of this section, municipal pound or shelter established and main-
37 tained pursuant to subdivision one of section one hundred fourteen of
38 the agriculture and markets law, or any duly incorporated society for
39 the prevention of cruelty to animals, duly incorporated humane society,
40 duly incorporated animal protective association or other duly incorpo-
41 rated animal adoption or animal rescue organization that is tax exempt
42 pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
43 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
44 sections of the federal Internal Revenue Code, as from time to time
45 amended, that is registered with the department pursuant to section four
46 hundred eight of the agriculture and markets law. For purposes of
47 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
48 hundred fifty-three-c and seven hundred fifty-three-d of this article,
49 "pet dealer" shall mean any person who engages in the sale or offering
50 for sale of more than nine animals per year for profit to the public.
51 Such definition shall include breeders who sell animals; but it shall
52 not include the following:
53 (d) Any retail pet shop as defined in subdivision eight of this
54 section.
55 § 5. Section 752 of the general business law is amended by adding a
56 new subdivision 8 to read as follows:
A. 4283 3
1 8. "Retail pet shop" means any for-profit place of business that sells
2 or offers for sale animals to be kept as household pets, pet food or
3 supplies, but shall not include breeders who sell or offer to sell
4 directly to the consumer animals that are born and raised on the
5 breeder's residential premises.
6 § 6. The general business law is amended by adding a new section 753-f
7 to read as follows:
8 § 753-f. Sale of dogs, cats and rabbits prohibited. A retail pet shop
9 as defined in this article shall not sell, lease, offer to lease, offer
10 to sell, barter, auction, or otherwise transfer ownership of any dog,
11 cat or rabbit. This section shall not be construed to prohibit a retail
12 pet shop from collaborating with the following entities to provide space
13 to showcase dogs, cats or rabbits owned by these entities for the
14 purpose of adoption; any duly incorporated society for the prevention of
15 cruelty to animals, duly incorporated humane society, duly incorporated
16 animal protective association or other duly incorporated animal adoption
17 or animal rescue organization that is exempt from taxes pursuant to
18 paragraph (3) of subsection (c) of section 501 of the federal Internal
19 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections
20 of the federal Internal Revenue Code, as from time to time amended, that
21 is registered with the department pursuant to section four hundred eight
22 of the agriculture and markets law that is not affiliated with, or
23 housed on the premises of a breeder or broker that does not obtain dogs,
24 cats or rabbits from a breeder or broker in exchange for payment or
25 compensation, and does not resell dogs, cats or rabbits obtained from a
26 breeder or broker or provide payment or compensation to such breeder or
27 broker.
28 § 7. This act shall take effect one year after it shall have become a
29 law.
