S T A T E O F N E W Y O R K
________________________________________________________________________
8118
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law, in relation to requiring
retail pet shops to provide information to the department of agricul-
ture and markets relating to where the shop received each animal and
how much the shop paid for each animal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 753-f of the general business law, as added by a
chapter of the laws of 2021, amending the agriculture and markets law
and the general business law relating to the sale of dogs, cats and
rabbits, as proposed in legislative bills numbers S. 1130 and A. 4283,
is amended 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; PROVIDED, HOWEVER, THAT A RETAIL PET SHOP THAT IS
LICENSED PURSUANT TO SECTION FOUR HUNDRED THREE OF THE AGRICULTURE AND
MARKETS LAW MAY SELL, LEASE, OFFER TO LEASE, OFFER TO SELL, BARTER,
AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF ANY DOG, CAT OR RABBIT WHEN
SUCH SHOP PROVIDES INFORMATION ON WHERE THE RETAIL PET SHOP RECEIVED
EACH ANIMAL AND HOW MUCH MONEY SUCH SHOP PAID TO OBTAIN EACH ANIMAL.
SUCH INFORMATION SHALL BE PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND
MARKETS UPON APPLICATION FOR A LICENSE OR A RENEWAL LICENSE AS A PET
DEALER PURSUANT TO SECTION FOUR HUNDRED THREE OF THE AGRICULTURE AND
MARKETS LAW. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11709-01-1
A. 8118 2
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.
§ 2. This act shall take effect immediately; provided, however, that
if a chapter of the laws of 2021, amending the agriculture and markets
law and the general business law relating to the sale of dogs, cats and
rabbits, as proposed in legislative bills numbers S. 1130 and A. 4283,
shall not have taken effect on or before such date, then this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2021, takes effect.