S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1245

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, ZEBROWSKI, BROOK-KRASNY, BARRETT,
  GLICK, MOSLEY, GOTTFRIED, JAFFEE, STECK, CAHILL, COOK, RAIA,  TEDISCO,
  McDONOUGH,  MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, CERET-
  TO, GALEF, LUPARDO, MOYA, THIELE -- 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 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.
Such  definition shall include, BUT NOT BE LIMITED TO, 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] not include duly incorpo-
rated 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:
  3. [For purposes of section seven hundred fifty-three of this article,
a] 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,  BUT  NOT  BE LIMITED TO, breeders of animals who sell or offer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04293-01-5
              

A. 1245                             2

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 immediately.