S T A T E O F N E W Y O R K
________________________________________________________________________
8327
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law, in relation to prohibiting the
sale of certain birds at retail
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 amended by
chapter 35 of the laws of 2023, is amended to read as follows:
§ 753-f. Sale of dogs, cats [and], rabbits AND BIRDS prohibited. 1. A
retail pet shop as defined in this article shall not sell, lease, offer
to lease, offer to sell, barter, auction, or otherwise transfer owner-
ship of any dog, cat [or], rabbit OR BIRD. 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
OR BIRDS owned by such 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 associ-
ation or other duly incorporated animal adoption or animal rescue organ-
ization that:
(a) 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;
(b) is registered with the department pursuant to section four hundred
eight of the agriculture and markets law;
(c) is not affiliated with, or housed on the premises of a breeder or
broker that does not obtain dogs, cats [or], rabbits OR BIRDS from a
breeder or broker in exchange for payment or compensation; and
(d) does not resell dogs, cats [or], rabbits OR BIRDS obtained from a
breeder or broker or provide payment or compensation to such breeder or
broker.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11501-02-5
A. 8327 2
2. This section shall not prohibit a retail pet shop from receiving a
reasonable rental fee for space to showcase dogs, cats [or], rabbits OR
BIRDS for adoption at such retail pet shop.
3. FOR PURPOSES OF THIS SECTION "BIRD" SHALL MEAN ALL LIVE BIRDS
EXCEPT DOMESTICATED GAME BIRDS AS DEFINED IN PARAGRAPH A OF SUBDIVISION
FOUR OF SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER
DOMESTICATED BIRDS INCLUDING CHICKENS, TURKEYS, GUINEA FOWL, PEAFOWL AND
PIGEONS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
This bill expresses a serious lack of understanding of the pet trade's commitment to animal welfare and personal responsibility. It's actually rather insulting. NYS already has the WILD BIRD LAW and the WILD BIRD CONSERVATION ACT and has for years - they are successful. This law is an unnecessary restriction of peoples' rights and a punishment of the responsible majority because of NYS's inability to address the irresponsible (and possibly criminal) minority. I stand opposed to this legislation.