A06299 Summary:

BILL NOA06299
 
SAME ASSAME AS S00593
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
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.
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A06299 Actions:

BILL NOA06299
 
03/05/2019referred to agriculture
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A06299 Committee Votes:

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A06299 Floor Votes:

There are no votes for this bill in this legislative session.
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A06299 Memo:

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.
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A06299 Text:



 
                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.
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