Prohibits the sale of birds at retail pet shops; provides exceptions for certain domesticated game birds and other birds including chickens, turkeys, guinea fowl, peafowl and pigeons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8327
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of certain birds at retail
PURPOSE OR GENERAL IDEA OF BILL:
Furthers animal welfare and environmental protection by prohibiting the
sale of certain birds by retail pet shops.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 753-f of the general business law. Section
two sets the effective date.
JUSTIFICATION:
In 2022, New York State prohibited the sale of dogs, cats and rabbits in
pet stores, closing the puppy mill pipeline into the state to prevent
further harm from cruel breeding practices associated with the sale of
animals in pet stores. This legislation builds upon that work by also
prohibiting the sale of birds in pet shops.
The pet bird trade operates in the same manner as the puppy mill pipe-
line, with unregulated bird mills breeding countless animals. Often,
the birds suffer from illness and injury from improper care and crowded
conditions, and the baby birds are routinely removed to facilitate more
breeding by the adults.
Furthermore, the sale of pet birds fuels wildlife trafficking, decimat-
ing wild populations and disrupting ecosystems. Cities including Wash-
ington, D.C. and Cambridge, MA have passed legislation banning the sale
of birds in pet stores. By updating our state law to prohibit the sale
of birds in retail pet shops, New York State will once again prioritize
the health and safety of animals in pet stores.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
180 days.
STATE OF NEW YORK
________________________________________________________________________
8327
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law, in relation to prohibiting the
sale of certain birds at retail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 753-f of the general business law, as amended by
2 chapter 35 of the laws of 2023, is amended to read as follows:
3 § 753-f. Sale of dogs, cats [and], rabbits and birds prohibited. 1. A
4 retail pet shop as defined in this article shall not sell, lease, offer
5 to lease, offer to sell, barter, auction, or otherwise transfer owner-
6 ship of any dog, cat [or], rabbit or bird. This section shall not be
7 construed to prohibit a retail pet shop from collaborating with the
8 following entities to provide space to showcase dogs, cats [or], rabbits
9 or birds owned by such entities for the purpose of adoption; any duly
10 incorporated society for the prevention of cruelty to animals, duly
11 incorporated humane society, duly incorporated animal protective associ-
12 ation or other duly incorporated animal adoption or animal rescue organ-
13 ization that:
14 (a) is exempt from taxes pursuant to paragraph (3) of subsection (c)
15 of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or
16 any subsequent corresponding sections of the federal Internal Revenue
17 Code, as from time to time amended;
18 (b) is registered with the department pursuant to section four hundred
19 eight of the agriculture and markets law;
20 (c) is not affiliated with, or housed on the premises of a breeder or
21 broker that does not obtain dogs, cats [or], rabbits or birds from a
22 breeder or broker in exchange for payment or compensation; and
23 (d) does not resell dogs, cats [or], rabbits or birds obtained from a
24 breeder or broker or provide payment or compensation to such breeder or
25 broker.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11501-02-5
A. 8327 2
1 2. This section shall not prohibit a retail pet shop from receiving a
2 reasonable rental fee for space to showcase dogs, cats [or], rabbits or
3 birds for adoption at such retail pet shop.
4 3. For purposes of this section "bird" shall mean all live birds
5 except domesticated game birds as defined in paragraph a of subdivision
6 four of section 11-0103 of the environmental conservation law and other
7 domesticated birds including chickens, turkeys, guinea fowl, peafowl and
8 pigeons.
9 § 2. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law.
