S T A T E O F N E W Y O R K
________________________________________________________________________
7510
I N S E N A T E
April 16, 2010
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the agriculture and markets law and the general business
law, in relation to pet dealers
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 and a new
subdivision 5 is added 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]
(A) SELLS OR OFFERS FOR SALE NINE OR MORE DOGS OR CATS BORN OR RAISED ON
PREMISES OTHER THAN THE PREMISES OF SAID PERSON; (B) MAINTAINS A TOTAL
OF SIX SEXUALLY INTACT FEMALE DOGS OR CATS SIX MONTHS OF AGE OR OLDER
AND WHO SELLS OR OFFERS FOR SALE ANY OF THE OFFSPRING OF SUCH DOGS OR
CATS; OR (C) SELLS OR OFFERS FOR SALE TO THE PUBLIC TEN OR MORE DOGS OR
CATS IN A CALENDAR YEAR. 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 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], BUT 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.
5. "PREMISES" MEANS THE HOME, HOMESTEAD, PLACE OF BUSINESS OR OPERA-
TION OF ANY INDIVIDUAL OR PERSON, INCLUDING A PET DEALER, AND INCLUDES
ALL OF THE LAND, PROPERTY, HOUSING FACILITIES OR ANY COMBINATION THERE-
OF, ON, IN OR THROUGH WHICH ANY DOG OR CAT IS KEPT, BRED, HARBORED,
BOARDED, SHELTERED, MAINTAINED, SOLD, GIVEN AWAY, EXCHANGED OR IN ANY
WAY TRANSFERRED. IT SHALL INCLUDE THE LAND, BUILDINGS AND FACILITIES OF
PERSONS RESIDING THEREON. IT MAY BE PUBLIC OR PRIVATE AND INCLUDES THE
LAND, BUILDINGS AND FACILITIES OF ANY PERSON WHO UTILIZES OFFSITE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15722-05-0
S. 7510 2
TEMPORARY HOMES TO KEEP, MAINTAIN, BREED, TRAIN, HARBOR, BOARD, SHELTER,
SELL, GIVE AWAY, ADOPT, EXCHANGE, OR IN ANY WAY TRANSFER, DOGS OR CATS.
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:
3. For purposes of [section seven hundred fifty-three of] this arti-
cle, 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] (A) SELLS OR OFFERS FOR SALE
NINE OR MORE DOGS OR CATS BORN OR RAISED ON PREMISES OTHER THAN THE
PREMISES OF SAID PERSON; (B) MAINTAINS A TOTAL OF SIX SEXUALLY INTACT
FEMALE DOGS OR CATS SIX MONTHS OF AGE OR OLDER AND WHO SELLS OR OFFERS
FOR SALE ANY OF THE OFFSPRING OF SUCH DOGS OR CATS; OR (C) SELLS OR
OFFERS FOR SALE TO THE PUBLIC TEN OR MORE DOGS OR CATS IN A CALENDAR
YEAR. 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 available 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. Such definition shall include breeders who sell
animals; provided that a breeder who sells or offers to sell directly to
the consumer 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 dedi-
cated 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. This act shall take effect April 1, 2011.