senate Bill S7711B

2017-2018 Legislative Session

Prohibits the sale of dogs and cats by retail pet shops; authorizes space for adoption

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Sponsored By

Current Bill Status - In Senate Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 24, 2018 print number 7711b
Aug 24, 2018 amend (t) and recommit to consumer protection
Mar 23, 2018 print number 7711a
Mar 23, 2018 amend and recommit to consumer protection
Feb 09, 2018 referred to consumer protection

Co-Sponsors

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S7711 - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L

S7711 - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

S7711 - Sponsor Memo

S7711 - Bill Text download pdf

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

                                  7711

                            I N  S E N A T E

                            February 9, 2018
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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.

Co-Sponsors

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S7711A - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L

S7711A - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

S7711A - Sponsor Memo

S7711A - Bill Text download pdf

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

                                 7711--A

                            I N  S E N A T E

                            February 9, 2018
                               ___________

Introduced by Sens. GIANARIS, BRESLIN, BROOKS, HAMILTON, HOYLMAN, KRUEG-
  ER, STAVISKY -- read twice and ordered printed, and when printed to be
  committed  to  the  Committee  on  Consumer  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

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

Co-Sponsors

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S7711B (ACTIVE) - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L

S7711B (ACTIVE) - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

S7711B (ACTIVE) - Sponsor Memo

S7711B (ACTIVE) - Bill Text download pdf

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

                                 7711--B

                            I N  S E N A T E

                            February 9, 2018
                               ___________

Introduced  by  Sens.  GIANARIS,  ADDABBO,  ALCANTARA,  BRESLIN, BROOKS,
  HAMILTON, HOYLMAN, KRUEGER, STAVISKY -- read twice and ordered  print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the prohibition on the sale of dogs and/or cats by
  retail pet shops

  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 is amended by adding a new paragraph (d) to read as follows:
  (D)  ANY  RETAIL  PET  SHOP AS DEFINED IN SUBDIVISION EIGHT OF SECTION
SEVEN HUNDRED FIFTY-TWO OF THE GENERAL BUSINESS LAW.
  S 2. 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 and a new paragraph (d) is added 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 RETAIL PET SHOP AS DEFINED IN SUBDIVISION
EIGHT OF THIS SECTION, municipal pound or shelter established and  main-
tained  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

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

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