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

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S7711 - Details

Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S593

2017-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.

2017-S7711 - Sponsor Memo

2017-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
              

co-Sponsors

2017-S7711A - Details

Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S593

2017-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.

2017-S7711A - Sponsor Memo

2017-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
              

co-Sponsors

2017-S7711B (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400, Ag & Mkts L; amd §752, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S593

2017-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.

2017-S7711B (ACTIVE) - Sponsor Memo

2017-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.
   § 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
              

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