S T A T E O F N E W Y O R K
________________________________________________________________________
4847
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. ROSENTHAL, ZEBROWSKI, BARRETT, GLICK, MOSLEY,
GOTTFRIED, JAFFEE, STECK, CAHILL, COOK, RAIA, McDONOUGH, MONTESANO --
Multi-Sponsored by -- M. of A. ARROYO -- 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.
§ 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
for sale animals directly to a consumer but it shall not include duly
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05262-01-7
A. 4847 2
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.]
§ 3. This act shall take effect immediately.