NY State Senate Bill 2017-S8105

Senate Bill S8105

2017-2018 Legislative Session

Relates to requiring dogs, cats and rabbits sold by certain pet dealers to be rescue animals, or animals sourced from licensed breeders

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2018	referred to consumer protection

2017-S8105 (ACTIVE) - Details

See Assembly Version of this Bill:: A8526
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§752 & 755, add §§753-e & 391-u, Gen Bus L

2017-S8105 (ACTIVE) - Summary

Relates to requiring dogs, cats and rabbits sold by certain pet dealers to be rescue animals, or animals sourced from licensed breeders.

2017-S8105 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8105

SPONSOR: RITCHIE
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would prohibit pet dealers from selling dogs, cats, and
rabbits unless those animals were obtained from a shelter, rescue humane
society, organization, a public animal control agency or from a licensed
breeder.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision 3 of section 752 of the
general business law to include a definition of "pet dealer" as a retail
pet shop location.

Section two adds a new section 753-e to the general business law to

require that a pet dealer shall not sell an animal unless it was
obtained from a shelter or rescue organization, humane society, a public
animal control agency with tax exempt status, or from a licensed breed-
er.

Section three amends subdivision 1-a of section 755 of the general busi-
ness law to include new section 753-e.

Section four adds a new section 391-u to the general business law in
reference to the sale of rabbits from pet dealers, requiring that all
rabbits sold by pet dealers must be obtained from a shelter or rescue
organization, humane society, a public animal control agency with tax
exempt status or from a licensed breeder. Pet dealers in violation of
this subdivision may be subject to denial, suspension, revocation of, or
refusal to renew a pet dealer license.

Section five is the effective date, which shall take place on the nine-
tieth day after the bill becomes a law.

 
JUSTIFICATION:

Pets are an important part of the lives of New Yorkers and their fami-
lies. Before these animals find loving homes they can often be subjected
to neglect and abuse between the time they are born and sold. Dogs,
cats, and rabbits are some of the most common household pets, and there-
fore are in high demand. This demand results in these animals being
subjected to irresponsible business practices, such as puppy, kitten,
and rabbit mills, where they are often kept in unsanitary and inhumane
conditions. In order to protect these animals from harm, this bill would
prohibit pet stores from selling these animals unless they are obtained
from a humane society, a government agency, a pet shelter or rescue, or
a licensed breeder.

As such, pet stores would no longer be able to purchase these animals
from mills, thereby decreasing the demand for mass breeding of animals
for profit and decreasing the number of animals in shelters.  Addi-
tionally, individuals would still be able to purchase these animals from
accredited breeders.
 
LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S8105 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8105
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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,
   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"
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13053-11-8

 S. 8105                             2
 
 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.

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