Amd §400, Ag & Mkts L; amd §752, add §753-f, Gen Bus L
Prohibits the sale of dogs and cats 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6299
SPONSOR: Rosenthal L TITLE OF BILL: An act to amend the agriculture and markets law and
the general business law, in relation to the prohibition on the sale of
dogs and/or cats by retail pet shops
PURPOSE:
To promote animal welfare and find homes for the companion animals most
in need of homes.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 4 of section 400 of the agriculture and
markets law, adding a new paragraph (d) to include any retail pet shop
as defined in section 752 (8) of the general business law.
Section 2 amends the opening paragraph of subdivision 3 of section 752
of the general business law, and adds a new paragraph (d) to exempt any
retail pet shop from such provisions of law.
Section 3 amends section 752 of the general business law, adding a new
subdivision 8 to define retail pet shop
Section 4 amends the general business law, adding a new section 753-e to
prohibit the sale of dogs or cats by a retail pet shop.
JUSTIFICATION:
The problems with puppy mills have been well documented nationwide. A
strong supply chain keeps neighborhood pet stores stocked with poorly
cared for animals ready for purchase. These animals are often mistreated
from the moment of birth and are afflicted with serious health problems
throughout their lives. While our animal shelters house perfectly heal-
thy and adoptable animals, they struggle to compete with designer
animals bred by puppy mills. This proposal would end the cruelty that
these animals face, and find homes for deserving, healthy and loving
animals.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
6299
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- 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 prohibition on the sale of dogs and/or cats by
retail pet shops
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 400 of the agriculture and markets
2 law 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 § 2. The opening paragraph of subdivision 3 of section 752 of the
6 general business law, as amended by chapter 168 of the laws of 2017, is
7 amended and a new paragraph (d) is added to read as follows:
8 For purposes of section seven hundred fifty-three of this article, a
9 "pet dealer" shall mean any person who, in the ordinary course of busi-
10 ness, engages in the sale or offering for sale of more than nine animals
11 per year for profit to the public. Such definition shall include breed-
12 ers of animals who sell or offer for sale animals directly to a consumer
13 but it shall not include any retail pet shop as defined in subdivision
14 eight of this section, municipal pound or shelter established and main-
15 tained pursuant to subdivision one of section one hundred fourteen of
16 the agriculture and markets law, or any duly incorporated society for
17 the prevention of cruelty to animals, duly incorporated humane society,
18 duly incorporated animal protective association or other duly incorpo-
19 rated animal adoption or animal rescue organization that is tax exempt
20 pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
21 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
22 sections of the federal Internal Revenue Code, as from time to time
23 amended, that is registered with the department pursuant to section four
24 hundred eight of the agriculture and markets law. For purposes of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00557-01-9
A. 6299 2
1 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
2 hundred fifty-three-c and seven hundred fifty-three-d of this article,
3 "pet dealer" shall mean any person who engages in the sale or offering
4 for sale of more than nine animals per year for profit to the public.
5 Such definition shall include breeders who sell animals; but it shall
6 not include the following:
7 (d) Any retail pet shop as defined in subdivision eight of this
8 section.
9 § 3. Section 752 of the general business law is amended by adding a
10 new subdivision 8 to read as follows:
11 8. "Retail pet shop" means a for-profit establishment open to the
12 public that sells or offers for sale animals to be kept as household
13 pets, pet food or supplies.
14 § 4. The general business law is amended by adding a new section 753-f
15 to read as follows:
16 § 753-f. Prohibition on sale of dogs or cats by retail pet shops. A
17 retail pet shop shall not sell, offer to sell, barter, auction, or
18 otherwise transfer ownership of any dog or cat, provided that this
19 section shall not be construed to prohibit a retail pet shop from
20 collaborating with the following entities to provide space to showcase
21 cats or dogs owned by these entities for the purpose of adoption: any
22 duly incorporated society for the prevention of cruelty to animals, duly
23 incorporated humane society, duly incorporated animal protective associ-
24 ation or other duly incorporated animal adoption or animal rescue organ-
25 ization that is exempt from taxes pursuant to paragraph (3) of
26 subsection (c) of section 501 of the federal Internal Revenue Code, 26
27 U.S.C. 501, or any subsequent corresponding sections of the federal
28 Internal Revenue Code, as from time to time amended, that is registered
29 with the department pursuant to section four hundred eight of the agri-
30 culture and markets law.
31 § 5. This act shall take effect on the ninetieth day after it shall
32 have become a law.
