NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1649
SPONSOR: Paulin TITLE OF BILL:
An act to amend the agriculture and markets law and the general business
law, in relation to the definition of pet dealer
PURPOSE OR GENERAL IDEA OF BILL:
Amends the definition of "pet dealer."
SUMMARY OF SPECIFIC
PROVISIONS:
Section one amends subdivision 4 of section 400 of the agriculture and
markets law by reducing the number of animals per year that are born,
raised and subsequently sold or offered for sale on a breeder's residen-
tial premises from twenty-five to fifteen for the breeder to be consid-
ered a pet dealer.
Section two amends subdivision 3 of section 752 of the general business
law to reflect the same change from section one of the bill.
Section three provides the effective date.
JUSTIFICATION:
Currently, many breeders and sellers of animals who operate without
proper oversight do not follow humane practices. The conditions in which
many animals exist are very poor and lead to health problems for the
animals. This legislation expands the definition of "pet dealer" to
include breeders and sellers of animals who are not currently considered
pet dealers in order to allow for oversight by the department of agri-
culture and markets. This will help to ensure that animals bred and sold
in New York are treated humanely and consumers receive companion animals
that are healthy.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.4023, referred to Agriculture
2019-20: A.351, referred to Agriculture / S.3830 Referred to Domestic
Animal Welfare
2017-18: A.465-A, Third Reading / S.5556-A, Referred to Agriculture
2015-16: A.1439, Referred to Ways and Means
2014: A.2115-B, Third Reading / S.4202-B, Referred to Agriculture
2013: A.2115-B, Referred to Agriculture / S. S.4202-B, Referred to Agri-
culture
2011-12: A.75-A, Referred to Agriculture / S.3476-B, Referred to Agri-
culture
2010: A.10429, Referred to Agriculture / S.7510, Referred to Consumer
Protection
FISCAL IMPLICATION:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1649
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. PAULIN, L. ROSENTHAL, DiPIETRO, WEPRIN, GLICK --
read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the definition of pet dealer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 4 of section 400 of the agri-
2 culture and markets law, as amended by chapter 553 of the laws of 2022,
3 is amended to read as follows:
4 (a) Any breeder who sells or offers to sell directly to the consumer
5 fewer than [twenty-five] fifteen animals per year that are born and
6 raised on the breeder's residential premises;
7 § 2. Paragraph (a) of subdivision 3 of section 752 of the general
8 business law, as amended by chapter 168 of the laws of 2017, is amended
9 to read as follows:
10 (a) Any breeder who sells or offers to sell directly to the consumer
11 fewer than [twenty-five] fifteen animals per year that are born and
12 raised on the breeders residential premises.
13 § 3. Paragraph (a) of subdivision 3 of section 752 of the general
14 business law, as amended by chapter 168 of the laws of 2017, is
15 amended to read as follows:
16 (a) Any breeder who sells or offers to sell directly to the consumer
17 fewer than [twenty-five] fifteen animals per year that are born and
18 raised on the breeders residential premises.
19 § 4. This act shall take effect on the one hundred twentieth day after
20 it shall have become a law; provided, however, that the amendments to
21 paragraph (a) of subdivision 3 of section 752 of the general business
22 law made by section three of this act shall take effect on the same date
23 and in the same manner as chapter 683 of the laws of 2022, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04262-01-3
