S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    351
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, JAFFEE, L. ROSENTHAL, DiPIETRO, CUSICK,
   WEPRIN, GLICK, M. G. MILLER -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law and the general business
   law, in relation to the definition of pet dealer

   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,  as  amended by chapter 168 of the laws of 2017, is amended to read
 as follows:
   4. "Pet Dealer" means 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  or  offer  to  sell
 animals; provided that it shall not include the following:
   (a)  Any  breeder who sells or offers to sell directly to the consumer
 fewer than [twenty-five] FIFTEEN animals per  year  that  are  born  and
 raised on the breeder's residential premises;
   (b)  Any  municipal pound or shelter dedicated to the care of unwanted
 animals which makes such animals available for adoption whether or not a
 fee for such adoption is charged, established and maintained pursuant to
 subdivision one of section one hundred fourteen of this chapter; and
   (c) 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  dedicated  to the care of unwanted animals
 which makes such animals available for adoption whether or not a fee for
 such adoption is charged 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00606-01-9

 A. 351                              2
 
 registered with the department pursuant to section four hundred eight of
 this article.
   §  2.    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.  For purposes of section seven hundred fifty-three of this article,
 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)  Any  breeder who sells or offers to sell directly to the consumer
 fewer than [twenty-five] FIFTEEN animals per  year  that  are  born  and
 raised on the breeders residential premises.
   (b) Any municipal pound or shelter established and maintained pursuant
 to  subdivision  one  of section one hundred fourteen of the agriculture
 and markets law.
   (c) 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 exempt from taxes pursuant to para-
 graph (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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.