S T A T E O F N E W Y O R K
________________________________________________________________________
4023
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. PAULIN, L. ROSENTHAL, DiPIETRO, CUSICK, WEPRIN,
GLICK -- 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
registered with the department pursuant to section four hundred eight of
this article.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01918-01-1
A. 4023 2
§ 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.