|SAME AS||SAME AS UNI. S04234-A|
|COSPNSR||Barnwell, Epstein, Cruz, Hunter, Ortiz, Arroyo, Gottfried, Glick, Burke, Schmitt, Seawright, Fernandez, Paulin, Lavine, Fahy, Lifton, Jaffee, Mosley, Kim, Wallace, Jacobson, Dinowitz, Dickens, Colton, Benedetto, Weprin, Simotas, Quart, Miller MG, Lentol, Englebright, Frontus, Otis, McDonald, Bronson, De La Rosa, Reyes, Niou, Ramos, Bichotte|
|MLTSPNSR||Hevesi, Simon, Thiele|
|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.|
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STATE OF NEW YORK ________________________________________________________________________ S. 4234--A A. 6298--A 2019-2020 Regular Sessions SENATE - ASSEMBLY March 5, 2019 ___________ IN SENATE -- Introduced by Sens. GIANARIS, ADDABBO, BIAGGI, CARLUCCI, GOUNARDES, HOYLMAN, KRUEGER, RAMOS, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL, BARNWELL, EPSTEIN, CRUZ, HUNTER, ORTIZ, ARROYO, D'URSO, GOTTFRIED, GLICK, BURKE, SCHMITT, SEAWRIGHT, FERNANDEZ, MIKULIN, PAULIN, LAVINE, FAHY, LIFTON, JAFFEE, MOSLEY, KIM -- Multi-Sponsored by -- M. of A. HEVESI, SIMON -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09180-02-9S. 4234--A 2 A. 6298--A 1 § 2. Subdivision 4 of section 400 of the agriculture and markets law 2 is amended by adding a new paragraph (d) to read as follows: 3 (d) Any retail pet shop as defined in subdivision eight of section 4 seven hundred fifty-two of the general business law. 5 § 3. Paragraphs (e) and (f) of subdivision 4 of section 408 of the 6 agriculture and markets law, as added by chapter 168 of the laws of 7 2017, are amended and a new paragraph (g) is added to read as follows: 8 (e) The applicant or registrant is determined by the commissioner to 9 be in violation of section twenty-one hundred forty-one of the public 10 health law or any rule or regulation promulgated thereunder by the 11 commissioner of health; [ and] 12 (f) The applicant or registrant, or an officer or director has been 13 responsible in whole or in part for any act on account of which an 14 application for registration may be denied or a registration cancelled 15 pursuant to the provisions of this article[ .]; and 16 (g) The applicant or registrant was previously licensed as a pet deal- 17 er pursuant to this article. 18 § 4. The opening paragraph of subdivision 3 of section 752 of the 19 general business law, as amended by chapter 168 of the laws of 2017, is 20 amended and a new paragraph (d) is added to read as follows: 21 For purposes of section seven hundred fifty-three of this article, a 22 "pet dealer" shall mean any person who, in the ordinary course of busi- 23 ness, engages in the sale or offering for sale of more than nine animals 24 per year for profit to the public. Such definition shall include breed- 25 ers of animals who sell or offer for sale animals directly to a consumer 26 but it shall not include any retail pet shop as defined in subdivision 27 eight of this section, municipal pound or shelter established and main- 28 tained pursuant to subdivision one of section one hundred fourteen of 29 the agriculture and markets law, or any duly incorporated society for 30 the prevention of cruelty to animals, duly incorporated humane society, 31 duly incorporated animal protective association or other duly incorpo- 32 rated animal adoption or animal rescue organization that is tax exempt 33 pursuant to paragraph (3) of subsection (c) of section 501 of the feder- 34 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding 35 sections of the federal Internal Revenue Code, as from time to time 36 amended, that is registered with the department pursuant to section four 37 hundred eight of the agriculture and markets law. For purposes of 38 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven 39 hundred fifty-three-c and seven hundred fifty-three-d of this article, 40 "pet dealer" shall mean any person who engages in the sale or offering 41 for sale of more than nine animals per year for profit to the public. 42 Such definition shall include breeders who sell animals; but it shall 43 not include the following: 44 (d) Any retail pet shop as defined in subdivision eight of this 45 section. 46 § 5. Section 752 of the general business law is amended by adding a 47 new subdivision 8 to read as follows: 48 8. "Retail pet shop" means a for-profit establishment open to the 49 public that sells or offers for sale animals to be kept as household 50 pets, pet food or supplies. 51 § 6. The general business law is amended by adding a new section 753-f 52 to read as follows: 53 § 753-f. Sale of dogs, cats and rabbits prohibited. A retail pet shop 54 as defined in this article shall not sell, offer to sell, barter, 55 auction, or otherwise transfer ownership of any dog, cat or rabbit, 56 provided that this section shall not be construed to prohibit a retailS. 4234--A 3 A. 6298--A 1 pet shop from collaborating with the following entities to provide space 2 to showcase dogs, cats or rabbits owned by these entities for the 3 purpose of adoption; any duly incorporated society for the prevention of 4 cruelty to animals, duly incorporated humane society, duly incorporated 5 animal protective association or other duly incorporated animal adoption 6 or animal rescue organization that is exempt from taxes pursuant to 7 paragraph (3) of subsection (c) of section 501 of the federal Internal 8 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections 9 of the federal Internal Revenue Code, as from time to time amended, that 10 is registered with the department pursuant to section four hundred eight 11 of the agriculture and markets law. Retail pet shops shall not collab- 12 orate to showcase dogs, cats or rabbits with any entity which is, or is 13 affiliated with, or is housed on the premises of a breeder or broker, 14 obtains dogs, cats or rabbits from a breeder or broker in exchange for 15 payment or compensation, or resells dogs, cats or rabbits obtained from 16 a breeder or broker and provides payment or compensation to such breeder 17 or broker. 18 § 7. This act shall take effect one year after it shall have become a 19 law.