S T A T E O F N E W Y O R K
________________________________________________________________________
8526--B
2017-2018 Regular Sessions
I N A S S E M B L Y
June 19, 2017
___________
Introduced by M. of A. O'DONNELL, FAHY, ENGLEBRIGHT -- read once and
referred to the Committee on Agriculture -- recommitted to the Commit-
tee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the general business law, in relation to requiring dogs,
cats and rabbits sold by certain pet dealers to be rescue animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 3 of section 752 of
the general business law, as amended by chapter 168 of the laws of 2017,
is amended to read as follows:
For purposes of section seven hundred fifty-three of this article, a
"pet dealer" shall mean any person who, in the ordinary course of busi-
ness, engages in the sale or offering for sale of more than nine animals
per year for profit to the public. Such definition shall include breed-
ers of animals who sell or offer for sale animals directly to a consumer
but it shall not include any municipal pound or shelter established and
maintained pursuant to subdivision one of section one hundred fourteen
of the agriculture and markets law, or any duly incorporated society for
the prevention of cruelty to animals, duly incorporated humane society,
duly incorporated animal protective association or other duly incorpo-
rated animal adoption or animal rescue organization that is tax exempt
pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
sections of the federal Internal Revenue Code, as from time to time
amended, that is registered with the department pursuant to section four
hundred eight of the agriculture and markets law. FOR PURPOSES OF
SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS ARTICLE, A "PET DEALER"
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13053-06-8
A. 8526--B 2
SHALL MEAN A RETAIL PET SHOP LOCATION PRIMARILY ENGAGED IN RETAILING
PETS, PET FOODS, AND PET SUPPLIES, AS DEFINED BY THE NORTH AMERICAN
INDUSTRY CLASSIFICATION SYSTEM. SUCH DEFINITION SHALL NOT INCLUDE BREED-
ERS WHO SELL ANIMALS DIRECTLY TO THE PUBLIC. For purposes of sections
seven hundred fifty-three-a, seven hundred fifty-three-b, seven hundred
fifty-three-c and seven hundred fifty-three-d 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; but it shall not
include the following:
§ 2. The general business law is amended by adding a new section 753-e
to read as follows:
§ 753-E. REQUIREMENT OF RESCUE STATUS FOR CERTAIN SALES. A PET DEALER
SHALL NOT SELL AN ANIMAL UNLESS SUCH ANIMAL WAS OBTAINED FROM A LICENSED
BREEDER, A DULY INCORPORATED HUMANE SOCIETY DEDICATED TO THE CARE OF
UNWANTED ANIMALS, A PUBLIC ANIMAL CONTROL AGENCY OR SHELTER, SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS SHELTER, OR ANIMAL RESCUE OR
ADOPTION ORGANIZATION THAT HAS TAX EXEMPT STATUS UNDER PARAGRAPH 3 OF
SUBSECTION (C) OF SECTION 501 OF THE INTERNAL REVENUE CODE AND DOES NOT
OBTAIN DOGS OR CATS FROM BREEDERS OR BROKERS IN EXCHANGE FOR PAYMENT OR
COMPENSATION.
§ 3. Subdivision 1-a of section 755 of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
1-a. Any person who violates any provision of section seven hundred
fifty-three-a, seven hundred fifty-three-b, [or] seven hundred fifty-
three-c OR SEVEN HUNDRED FIFTY-THREE-E of this article may also be
subject to denial, suspension, revocation of, or refusal to renew a pet
dealer license, in accordance with the provisions of sections four
hundred three and four hundred four of the agriculture and markets law.
§ 4. The general business law is amended by adding a new section 391-u
to read as follows:
§ 391-U. SALE OF RABBITS; RESCUE REQUIREMENT. 1. AS USED IN THIS
SECTION, "PET DEALER" SHALL MEAN A RETAIL PET SHOP LOCATION PRIMARILY
ENGAGED IN RETAILING PETS, PET FOODS, AND PET SUPPLIES, AS DEFINED BY
THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM. SUCH DEFINITION SHALL
NOT INCLUDE BREEDERS WHO SELL ANIMALS DIRECTLY TO THE PUBLIC.
2. A PET DEALER SHALL NOT SELL A RABBIT UNLESS SUCH RABBIT WAS
OBTAINED FROM A LICENSED BREEDER, A DULY INCORPORATED HUMANE SOCIETY
DEDICATED TO THE CARE OF UNWANTED ANIMALS, A PUBLIC ANIMAL CONTROL AGEN-
CY OR SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS SHELTER,
OR ANIMAL RESCUE OR ADOPTION ORGANIZATION THAT HAS TAX EXEMPT STATUS
UNDER PARAGRAPH 3 OF SUBSECTION (C) OF SECTION 501 OF THE INTERNAL
REVENUE CODE AND DOES NOT OBTAIN RABBITS FROM BREEDERS OR BROKERS IN
EXCHANGE FOR PAYMENT OR COMPENSATION.
3. A PET DEALER WHO VIOLATES SUBDIVISION TWO OF THIS SECTION MAY BE
SUBJECT TO DENIAL, SUSPENSION, REVOCATION OF, OR REFUSAL TO RENEW A PET
DEALER LICENSE, IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS FOUR
HUNDRED THREE AND FOUR HUNDRED FOUR OF THE AGRICULTURE AND MARKETS LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.