Senate Bill S7025

                                
 
BILL NUMBER: S7025

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the general business law, in relation to the regulation
of the sale of animals

 
PURPOSE OR GENERAL IDEA OF BILL:

Reduce the number of animals bred in bulk for sale.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 753 of the General Business Law
by adding a subdivision 6, that provides that no breeder shall breed or
sell more than 25 animals per year and all pet dealers who are not
breeders must offer animals for sale which are obtained from a duly
licensed shelter, society for the prevention of cruelty to animals,
humane society, animal protective association or other duly incorporated
animal adoption or animal rescue organization.
              

Section two of this bill provides that this act shall take effect on the
one hundred twentieth day after it shall have become a law; provided,
however, that effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

 
EXISTING LAW:

Currently, section 753 of the General Business Law sets forth various
consumer protections in regard to the sale of animals, including the
right to return an animal if a licensed veterinarian has deemed it unfit
for sale, requirement of written notice of rabies vaccination to any
customer at point of sale, and provisions giving a pet dealer who
contests a customer's claim that an animal is unfit for sale recourse.

 
JUSTIFICATION:

When enacting General Business Law Article 35-D, the Legislature stated
that "supervision by the state of the sale of dogs or cats by pet deal-
ers is within the public interest and for the purpose of safeguarding
the public and insuring the humane treatment of such animals by guaran-
teeing the good health of such dogs or cats in the course of such trans-
actions, or providing other alternatives to the consumer". General Busi-
ness Law § 751. Unfortunately, Article 35-D contains no provisions to
ensure that when animals are bred for sale, process is humane.

This bill seeks to ensure that cats and dogs, as well as those who
purchase them, are offered the full protection of the law by applying a
two pronged approach. First, this bill prohibits breeders from breeding
or selling more than 25 animals per year, thus combating the phenomenon
of "Puppy Mills" where animals are bred in bulk for profit with little
thought to animal safety and long-term welfare. Second, this bill gives
animals that end up in shelters an even chance at finding a "forever
home" by requiring that pet dealers who are not breeders offer shelter
animals for sale along with animals obtained from breeders.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.