NY State Senate Bill 2023-S7595

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Jul 12, 2023	referred to rules

2023-S7595 (ACTIVE) - Details

See Assembly Version of this Bill:: A6863
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Rpld §753-f, §752 sub 8, sub 3 ¶(d), amd §752, Gen Bus L; amd §§16 & 408, rpld §400 sub 4 ¶(d), §408 sub 4 ¶(g), add §409, Ag & Mkts L; amd §7, Chap 681 of 2022
Versions Introduced in 2025-2026 Legislative Session:: S3651

2023-S7595 (ACTIVE) - Summary

Relates to the sale of dogs, cats and rabbits by pet dealers in the state and those that sell such animals through an online platform.

2023-S7595 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7595

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the general business law and the agriculture and markets
law, in relation to the sale of dogs, cats, and rabbits by pet dealers;
to amend chapter 681 of the laws of 2022 amending the agriculture and
markets law and the general business law relating to the sale of dogs,
cats and rabbits, in relation to the effectiveness thereof; and to
repeal certain provisions of such laws relating thereto

 
PURPOSE:

Relates to the sale of dogs, cats and rabbits by pet dealers; repealer

 
SUMMARY OF PROVISIONS:

Section 1 repeals Section 753-f of the general business law.

Section 2 repeals certain parts of Section 752 of the general business
law.

Sections 3 & 4 amend a paragraph of Section 752 of the general business
law.

Section 5 amends Section 16 of the agriculture and markets law.

Section 6 repeals a paragraph of Section 400 of the agriculture and
markets law.

Section 7 repeals a paragraph of section 408 of the agriculture and
markets law.

Section 8 amends certain paragraphs of section 408 of the agriculture
and markets law.

Section 9 relates to changes to an effective date of a prior chapter of
law.

Section 10 adds a new section 409 to the agriculture and markets law.

Section 11 pertains to the effective date.

 
JUSTIFICATION:

The proposed bill seeks to amend the agriculture and markets law by
adding new provisions that increase regulation of the sale of dogs,
cats, and rabbits by pet dealers in the state. The bill improves upon
the recently enacted pet dealer law changes of 2022 to enhance and make
more effective the new law's implementation. It will help mitigate and
eliminate some negative unintended consequences that are occurring as a
result of certain provisions of the new law.

The bill requires pet dealers to demonstrate that source breeders have
adequately attended to the physical and behavioral welfare of the source
animals; that they have provided necessary veterinary care; conducted
regular genetic and health screenings; and, have provided appropriate
living spaces.
The bill also mandates that breeders complete regularly scheduled cours-
es on the care and welfare of animals. The bill empowers the department
of agriculture and markets and any local department to enforce compli-
ance with these provisions, and the department is required to adopt
sufficient regulations to administer them.

This bill is necessary to protect the welfare of dogs, cats, and
rabbits, ensuring they are raised and sold in humane and safe condi-
tions, while also promoting responsible breeding practices.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section ten
of this act shall take effect one year after this act shall take effect;
provided, further, however, that the amendments to the general business
law made by section four of this act shall take effect on the same date
and in the same manner as chapter 683 of the laws of 2022, takes effect;
and provided, further, that the amendments to subdivision 4 of section
408 of the agriculture and markets law made by section eight of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.  Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.

2023-S7595 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7595
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 12, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law and the agriculture and markets
   law, in relation to the sale of dogs, cats, and rabbits by  pet  deal-
   ers; to amend chapter 681 of the laws of 2022 amending the agriculture
   and  markets  law and the general business law relating to the sale of
   dogs, cats and rabbits, in relation to the effectiveness thereof;  and
   to repeal certain provisions of such laws relating thereto
 
   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 is REPEALED.
   § 2. Paragraph (d) of subdivision 3 and subdivision 8 of  section  752
 of the general business law are REPEALED.
   §  3.  The  opening  paragraph  of subdivision 3 of section 752 of the
 general business law, as amended by chapter 681 of the laws of 2022,  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 [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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10760-01-3

 S. 7595                             2
 
 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:
   §  4.  The  opening  paragraph  of subdivision 3 of section 752 of the
 general business law, as separately amended by chapters 681 and  683  of
 the laws of 2022, 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 retail pet shop as defined in  subdivision
 eight  of  this section,] any municipal pound or shelter established and
 maintained pursuant to subdivision one of section one  hundred  fourteen
 of  the agriculture and markets law and duly licensed as an animal shel-
 ter pursuant to article twenty-six-C 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 duly  licensed
 as an animal shelter pursuant to article twenty-six-C 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:
   §  5. Subdivision 48 of section 16 of the agriculture and markets law,
 as amended by chapter 681 of the laws of 2022, 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.
   § 6. Paragraph (d) of subdivision 4 of section 400 of the  agriculture
 and  markets  law,  as  added  by  chapter  681  of the laws of 2022, is
 REPEALED.
   § 7. Paragraph (g) of subdivision 4 of section 408 of the  agriculture
 and markets law is REPEALED.
   §  8.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the
 agriculture and markets law, as amended by chapter 681 of  the  laws  of
 2022, are amended to read as follows:
 S. 7595                             3

   (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].
   § 9. Section 7 of chapter 681 of the laws of 2022 amending  the  agri-
 culture  and  markets  law  and the general business law relating to the
 sale of dogs, cats and rabbits, as amended by chapter 35 of the laws  of
 2023, is amended to read as follows:
   §  7. This act shall take effect [two years after it shall have become
 a law] IMMEDIATELY.
   § 10. The agriculture and markets law  is  amended  by  adding  a  new
 section 409 to read as follows:
   §  409. SALE OF DOGS, CATS, AND RABBITS BY PET DEALERS LOCATED IN THIS
 STATE OR SOLD ONLINE. 1. NO PET DEALER OR BREEDER CONDUCTING BUSINESS IN
 THIS STATE WHETHER IN PERSON, OR THROUGH AN  ONLINE  PLATFORM  INCLUDING
 THE INTERNET, AND OPERATING UNDER THE AUTHORITY GRANTED PURSUANT TO THIS
 ARTICLE,  OR  ANY  OTHER LAW DULY ENACTED BY THE FEDERAL GOVERNMENT, THE
 STATE OR A POLITICAL SUBDIVISION THEREOF, AND WHICH IS  SUBJECT  TO  THE
 REQUIREMENTS  IMPOSED UPON A PET DEALER OF SUCH DOGS, CATS OR RABBITS BY
 THIS CHAPTER, OR ANY OTHER PROVISION OF FEDERAL, STATE OR LOCAL LAW,  OR
 WHICH  IS  NOT  SUBJECT TO ALL OR ANY PART OF ANY SUCH LAWS BECAUSE THEY
 OPERATE USING AN ONLINE PLATFORM SHALL SELL OR OFFER FOR SALE, ANY  DOG,
 CAT  OR  RABBIT,  UNLESS THEY CAN DEMONSTRATE TO THE SATISFACTION OF THE
 DEPARTMENT, THAT:
   (A) THE BREEDER FROM WHICH SUCH DOG, CAT OR RABBIT  HAS  BEEN  SECURED
 HAS ADEQUATELY ATTENDED TO THE NORMALLY ACCEPTABLE AND RECOGNIZED STAND-
 ARDS  OF CARE APPERTAINING TO THE PHYSICAL AND BEHAVIORAL WELFARE OF THE
 SOURCE ANIMALS, INCLUDING NUTRITION, VETERINARY CARE, GENETICS, HOUSING,
 HANDLING, SOCIALIZATION, ENRICHMENT AND EXERCISE;
   (B) SUCH SOURCE ANIMALS AND DOGS, CATS, AND RABBITS BEING OFFERED  FOR
 SALE  HAVE, AS NEEDED, BEEN REGULARLY TREATED BY A LICENSED VETERINARIAN
 WHO IS THE SOLE PURVEYOR AND  PROVIDER  OF  ANY  SURGERIES  OR  PHYSICAL
 ALTERATIONS  PERFORMED,  PROVIDED  THAT  DURING  THE  LIFE OF THE SOURCE
 ANIMAL AND THE LIFE OF THE DOG, CAT OR  RABBIT,  THE  BREEDER,  AND  PET
 DEALER  BOTH  DO ATTEST TO HAVING COMPLIED WITH A COMPREHENSIVE PLAN FOR
 PREVENTATIVE CARE AND TREATMENT WHERE REQUIRED,  INCLUDING  GENETIC  AND
 HEALTH SCREENING, REGULAR DENTAL CARE AND PROPER GROOMING;
   (C)  SUCH  SOURCE  ANIMALS  AND SUCH DOGS, CATS AND RABBITS, HAVE BEEN
 SUBJECTED TO AN ACCEPTABLE BEHAVIOR WELLNESS PLAN, BOTH FOR PREVENTATIVE
 AND TREATMENT PURPOSES AND PROVIDED WITH  REGULAR  EXERCISE,  SOCIALIZA-
 TION, AND ENRICHMENT OPPORTUNITIES;
   (D)  SUCH  SOURCE  ANIMALS  AND SUCH DOGS, CATS, AND RABBITS HAVE BEEN
 ADEQUATELY PROVIDED WITH SAFE, ENRICHED, HIGH-QUALITY LIVING  SPACES  AT
 SAFE  AND  SECURE  LOCATIONS  WHERE  THEY ARE BRED AND RAISED, INCLUDING
 SPACES WITH ACCESS TO BOTH INDOOR AND OUTDOOR LOCATIONS, MULTIPLE FLOOR-
 ING SURFACES, AND  CLIMATE  AND  TEMPERATURE  CONTROLLED  AND  REGULATED
 FACILITIES;
   (E)  SUCH SOURCE ANIMALS CURRENTLY OR PREVIOUSLY UTILIZED BY A BREEDER
 HAVE BEEN RAISED IN AN ENVIRONMENT WHERE ESTABLISHED LIMITS AND EXPECTA-
 TIONS FOR A NORMAL AND HEALTHY LIFE DURING, AND  GOING  BEYOND  BREEDING
 SPANS,  ARE  CONDUCTED  CONSISTENT  WITH A PLAN DEMONSTRATING CONSISTENT
 CONCERN FOR THE HUMANE TREATMENT OF ALL ANIMALS, INCLUDING ANIMALS  WITH
 S. 7595                             4
 
 WHICH  THEY COME INTO CONTACT, INCLUDING THE EXPECTATION, AND PROOF THAT
 THEY WILL NOT BE SOLD, GIVEN OR  SUBJECTED  TO  A  FACILITY  WHICH  WILL
 UTILIZE  SUCH  SOURCE  ANIMAL  SOLELY  FOR  RESEARCH PURPOSES OR WILL BE
 RAISED  IN  A  LIFESTYLE  THAT  IS  INCONSISTENT  WITH  THE EXPECTATIONS
 PROVIDED FOR IN THIS ARTICLE; AND
   (F) BREEDERS SHALL PARTICIPATE IN AND CAN OFFER PROOF THEY HAVE PREVI-
 OUSLY PARTICIPATED IN AND SUCCESSFULLY COMPLETED REGULARLY SCHEDULED AND
 REQUIRED COURSES IN CONTINUING EDUCATION ON  THE  CARE  AND  WELFARE  OF
 ANIMALS,  INCLUDING  DOGS,  CATS, AND RABBITS, AS ESTABLISHED AND MAY BE
 REQUIRED BY LAW, AND OTHERWISE BE COMPLIANT WITH  ANY  OTHER  ACCEPTABLE
 STANDARDS OF CARE WHICH CAN REASONABLY BE EXPECTED OF A BREEDER OF DOGS,
 CATS AND RABBITS WHICH SHALL BE OFFERED FOR SALE BY A PET DEALER.
   2.  THE  DEPARTMENT AND ANY LOCAL DEPARTMENT EMPOWERED BY LOCAL LAW TO
 ENFORCE PROVISIONS OF LAW, RULE, OR REGULATION  ADOPTED,  AND  ENTRUSTED
 WITH THE JURISDICTIONAL DIRECTIVES PERTAINING TO THE OPERATIONS OF A PET
 DEALER OR BREEDER DOING BUSINESS IN THE STATE OR SUCH POLITICAL SUBDIVI-
 SION  THEREOF,  SHALL  BE  CHARGED WITH THE DUTY OF ENFORCING COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 11. This act  shall  take  effect  immediately;  provided,  however,
 section  ten of this act shall take effect one year after this act shall
 take effect; provided, further, however,  that  the  amendments  to  the
 general  business law made by section four of this act shall take effect
 on the same date and in the same manner as chapter 683 of  the  laws  of
 2022, takes effect; and provided, further, that the amendments to subdi-
 vision  4  of  section  408  of  the agriculture and markets law made by
 section eight of this act shall not affect the repeal  of  such  section
 and shall be deemed repealed therewith. Effective immediately, the addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such effective date.

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Senate Bill S7595

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2023-S7595 (ACTIVE) - Details

2023-S7595 (ACTIVE) - Summary

2023-S7595 (ACTIVE) - Sponsor Memo

2023-S7595 (ACTIVE) - Bill Text download pdf

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Sponsored By

Dean Murray

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2023-S7595 (ACTIVE) - Details

2023-S7595 (ACTIVE) - Summary

2023-S7595 (ACTIVE) - Sponsor Memo

2023-S7595 (ACTIVE) - Bill Text download pdf

Comments