S T A T E O F N E W Y O R K
________________________________________________________________________
9946
I N A S S E M B L Y
February 27, 2018
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law, in relation to requiring dogs
and cats 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. 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:
3. (A) 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. Such definition shall include
breeders of animals who sell or offer for sale animals directly to a
consumer but it shall not include any municipal pound or shelter estab-
lished 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 incorporated animal adoption or animal rescue organization that is
tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of
the federal 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 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:
[(a)] (I) Any 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13053-02-8
A. 9946 2
[(b)] (II) Any municipal pound or shelter established and maintained
pursuant to subdivision one of section one hundred fourteen of the agri-
culture and markets law.
[(c)] (III) Any duly incorporated society for the prevention of cruel-
ty to animals, duly incorporated humane society, duly incorporated
animal protective association or other duly incorporated animal adoption
or animal rescue organization that is exempt from taxes pursuant to
paragraph (3) of subsection (c) of section 501 of the federal 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.
(B) FOR PURPOSES OF SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS ARTI-
CLE, A "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.
§ 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 DISPOSITIONS. A PET
DEALER SHALL NOT SELL OR TRANSFER FOR OWNERSHIP ANY ANIMAL UNLESS SUCH
ANIMAL WAS OBTAINED FROM 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. NO PET DEALER SHALL TAKE OWNERSHIP OF
ANY SUCH ANIMAL FROM ANY SUCH DULY INCORPORATED HUMANE SOCIETY, PUBLIC
ANIMAL CONTROL AGENCY OR SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS SHELTER, OR ANIMAL RESCUE OR ADOPTION ORGANIZATION, WHICH
SHALL RETAIN OWNERSHIP OF THE ANIMAL WHILE IT IS IN THE POSSESSION OF
THE PET DEALER. NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A
PET DEALER FROM RETAINING A PORTION OF THE ADOPTION FEES NORMALLY
CHARGED BY ANY SUCH ORGANIZATION OR SHELTER WHEN THE OWNERSHIP OF AN
ANIMAL IS TRANSFERRED TO A CONSUMER.
§ 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. This act shall take effect on the ninetieth day after it shall
have become a law.