S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4283
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, BARNWELL, EPSTEIN, CRUZ, HUNTER,
   GOTTFRIED, GLICK, SEAWRIGHT, FERNANDEZ,  PAULIN,  LAVINE,  FAHY,  KIM,
   WALLACE,  JACOBSON,  DINOWITZ,  DICKENS,  BENEDETTO,  COLTON, SCHMITT,
   WEPRIN, QUART, ENGLEBRIGHT, FRONTUS, OTIS, BRONSON, DE LA ROSA, REYES,
   NIOU, RAMOS, BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. HEVE-
   SI, SIMON, THIELE -- read once and referred to the Committee on  Agri-
   culture
 
 AN ACT to amend the agriculture and markets law and the general business
   law, in relation to the sale of dogs, cats and rabbits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 48 of section 16 of the agriculture and markets
 law, as added by chapter 384 of the laws of 2015, is amended to read  as
 follows:
   48. Make available in written and electronic medium, in a manner read-
 ily  accessible  to police agencies and officers and district attorneys,
 information about animal cruelty and protection laws  in  this  chapter,
 including,  but  not  limited to, article twenty-six of this chapter AND
 SECTION SEVEN HUNDRED FIFTY-THREE-F OF THE  GENERAL  BUSINESS  LAW.  The
 development  of  such information shall be coordinated with the division
 of criminal justice services, including the  municipal  police  training
 council,  in  a  manner designed to enhance training of municipal police
 officers and to assist such officers and district attorneys in enforcing
 and applying such laws.
   § 2. Paragraphs (b) and (c) of subdivision 4 of  section  400  of  the
 agriculture  and  markets  law,  as  added by chapter 168 of the laws of
 2017, are amended and a new paragraph (d) is added to read as follows:
   (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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00535-02-1

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   (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[.]; AND
   (D) ANY RETAIL PET SHOP AS DEFINED IN  SUBDIVISION  EIGHT  OF  SECTION
 SEVEN HUNDRED FIFTY-TWO OF THE GENERAL BUSINESS LAW.
   §  3.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended and a new paragraph (g) is added to read as follows:
   (e)  The  applicant or registrant is determined by the commissioner to
 be in violation of section twenty-one hundred forty-one  of  the  public
 health  law  or  any  rule  or  regulation promulgated thereunder by the
 commissioner of health; [and]
   (f) The applicant or registrant, or an officer or  director  has  been
 responsible  in  whole  or  in  part  for any act on account of which an
 application for registration may be denied or a  registration  cancelled
 pursuant to the provisions of this article[.]; AND
   (G) THE APPLICANT OR REGISTRANT WAS PREVIOUSLY LICENSED AS A PET DEAL-
 ER PURSUANT TO THIS ARTICLE.
   §  4.  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
 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:
   (D)  ANY  RETAIL  PET  SHOP  AS  DEFINED  IN SUBDIVISION EIGHT OF THIS
 SECTION.
   § 5. Section 752 of the general business law is amended  by  adding  a
 new subdivision 8 to read as follows:

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   8. "RETAIL PET SHOP" MEANS ANY FOR-PROFIT PLACE OF BUSINESS THAT SELLS
 OR  OFFERS  FOR  SALE  ANIMALS TO BE KEPT AS HOUSEHOLD PETS, PET FOOD OR
 SUPPLIES, BUT SHALL NOT INCLUDE BREEDERS  WHO  SELL  OR  OFFER  TO  SELL
 DIRECTLY  TO  THE  CONSUMER  ANIMALS  THAT  ARE  BORN  AND RAISED ON THE
 BREEDER'S RESIDENTIAL PREMISES.
   § 6. The general business law is amended by adding a new section 753-f
 to read as follows:
   §  753-F. SALE OF DOGS, CATS AND RABBITS PROHIBITED. A RETAIL PET SHOP
 AS DEFINED IN THIS ARTICLE SHALL NOT SELL, LEASE, OFFER TO LEASE,  OFFER
 TO  SELL,  BARTER,  AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF ANY DOG,
 CAT OR RABBIT.  THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A RETAIL
 PET SHOP FROM COLLABORATING WITH THE FOLLOWING ENTITIES TO PROVIDE SPACE
 TO SHOWCASE DOGS, CATS OR  RABBITS  OWNED  BY  THESE  ENTITIES  FOR  THE
 PURPOSE OF ADOPTION; 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
 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  THAT IS NOT AFFILIATED WITH, OR
 HOUSED ON THE PREMISES OF A BREEDER OR BROKER THAT DOES NOT OBTAIN DOGS,
 CATS OR RABBITS FROM A BREEDER OR BROKER  IN  EXCHANGE  FOR  PAYMENT  OR
 COMPENSATION,  AND DOES NOT RESELL DOGS, CATS OR RABBITS OBTAINED FROM A
 BREEDER OR BROKER OR PROVIDE PAYMENT OR COMPENSATION TO SUCH BREEDER  OR
 BROKER.
   §  7. This act shall take effect one year after it shall have become a
 law.