S T A T E O F N E W Y O R K
________________________________________________________________________
1377
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PAULIN, MARKEY, CUSICK, DINOWITZ, GLICK, GOTT-
FRIED, KOON, LATIMER, PHEFFER, ROSENTHAL, BALL, SPANO -- Multi-Spon-
sored by -- M. of A. BING, BRADLEY, COLTON, COOK, EDDINGTON, GALEF,
MAYERSOHN, J. RIVERA, SWEENEY, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, the general business
law and the general municipal 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:
Section 1. Subdivision 4 of section 400 of the agriculture and markets
law, as amended by chapter 687 of the laws of 2006, is amended to read
as follows:
4. "Pet Dealer" means any person who engages in the sale or offering
for sale of more than nine animals per year for profit to the public OR
TO ANY BROKER, WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET
DEALER LICENSED PURSUANT TO THIS ARTICLE. Such definition shall include
breeders who sell or offer to sell animals; provided that a breeder who
sells or offers to sell directly to the consumer OR TO ANY BROKER,
WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED
PURSUANT TO THIS ARTICLE fewer than twenty-five animals per year that
are born and raised on the breeder's residential premises shall not be
considered a pet dealer as a result of selling or offering to sell such
animals. Such definition shall further not include duly incorporated
humane societies dedicated to the care of unwanted animals which make
such animals available for adoption whether or not a fee for such
adoption is charged.
S 2. Subdivision 3 of section 752 of the general business law, as
amended by chapter 687 of the laws of 2006, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03867-01-9
A. 1377 2
3. For purposes of section seven hundred fifty-three of this article,
a "pet dealer" shall mean any person who, in the ordinary course of
business, engages in the sale or offering for sale of more than nine
animals per year for profit to the public. Such definition shall include
breeders of animals who sell or offer for sale animals directly to a
consumer but it shall not include duly incorporated humane societies
dedicated to the care of unwanted animals which make such animals avail-
able for adoption whether or not a fee for such adoption is charged. For
purposes of sections seven hundred fifty-three-a, seven hundred fifty-
three-b, seven hundred fifty-three-c, seven hundred fifty-three-d and
seven hundred fifty-three-e of this article, "pet dealer" shall mean any
person who engages in the sale or offering for sale of more than nine
animals per year for profit to the public OR TO ANY BROKER, WHOLESALE
DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED PURSUANT TO
ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW. Such defi-
nition shall include breeders who sell animals; provided that a breeder
who sells or offers to sell directly to the consumer OR TO ANY BROKER,
WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED
PURSUANT TO ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW
fewer than twenty-five animals per year that are born and raised on the
breeders residential premises shall not be considered a pet dealer as a
result of selling or offering to sell such animals. Such definition
shall not include duly incorporated humane societies dedicated to the
care of unwanted animals which make such animals available for adoption
whether or not a fee for such adoption is charged.
S 3. Subdivision 4 of section 209-cc of the general municipal law, as
separately amended by chapters 289 and 538 of the laws of 2005, is
amended to read as follows:
4. Except for pet dealers as defined in section seven hundred [fifty-
two-a] FIFTY-TWO of the general business law WHO SELL OR OFFER ANIMALS
FOR SALE PURSUANT TO SECTIONS SEVEN HUNDRED FIFTY-THREE-A, SEVEN HUNDRED
FIFTY-THREE-B, SEVEN HUNDRED FIFTY-THREE-C, SEVEN HUNDRED FIFTY-THREE-D
AND SEVEN HUNDRED FIFTY-THREE-E OF THE GENERAL BUSINESS LAW and zoologi-
cal facilities and other exhibitors licensed pursuant to title 7 U.S.C.
sections 2133 and 2134, and in the case of dangerous dogs except for
licensed veterinarians in temporary possession of such dogs, every
person owning, possessing, or harboring a wild animal or a dangerous dog
within this state shall report the presence thereof to the clerk of the
city, town, or village in which such wild animal or dangerous dog is
owned, possessed, or harbored. Such report shall be filed annually on a
date to be determined by the state fire administrator in the manner
prescribed by the state fire administrator. A separate report shall be
filed for each street address at which any such wild animal or dangerous
dog may be found.
S 4. This act shall take effect April 1, 2011.