S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8653
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the general business law and the agriculture and markets
   law, in relation to pet dealers; and to repeal certain  provisions  of
   the general business law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 752 of the general business law is
 REPEALED and a new subdivision 3 is added to read as follows:
   3. "PET DEALER" MEANS ANY PERSON  WHO  BREEDS  ANIMALS  AND  SELLS  OR
 OFFERS TO SELL MORE THAN NINE ANIMALS THAT ARE BORN AND RAISED ON SUCH A
 PERSON'S  RESIDENTIAL  PREMISES DIRECTLY TO A CONSUMER, PROVIDED THAT IT
 SHALL NOT INCLUDE THE FOLLOWING:
   (A) ANY MUNICIPAL POUND OR SHELTER DEDICATED TO THE CARE  OF  UNWANTED
 ANIMALS  WHICH MAKE 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 THE  AGRICULTURE  AND
 MARKETS  LAW, AND THAT IS DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO
 ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW.
   (B) 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 THE
 FEDERAL  INTERNAL  REVENUE  CODE,  AS FROM TIME TO TIME AMENDED, THAT IS
 DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTICLE  TWENTY-SIX-C  OF
 THE AGRICULTURE AND MARKETS LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13058-01-5
 A. 8653                             2
              

 
   (C)  ANY  PUBLIC  AUTHORITY PROVIDING SHELTER SERVICES FOR THE CARE OF
 UNWANTED ANIMALS; AND
   (D)  ANY  RETAIL  PET  SHOP  AS  DEFINED  IN SUBDIVISION EIGHT OF THIS
 SECTION.
   § 2. Subdivision 8 of section 752 of  the  general  business  law,  as
 added by chapter 681 of the laws of 2022, is amended to read as follows:
   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.
   § 3. Section 752 of the general business law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9. "BROKER" MEANS ANY PERSON OR BUSINESS THAT SELLS OR ARRANGES, NEGO-
 TIATES OR PROCESSES THE SALE OF DOGS, CATS OR RABBITS BRED BY ANOTHER OR
 THAT FACILITATES THE TRANSFER OF DOGS, CATS OR RABBITS BRED BY ANOTHER.
   §  4.  Subdivision  1 of section 753-f of the general business law, as
 amended by chapter 35 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   1.  A  retail  pet shop OR BROKER as defined in this article shall not
 sell, lease, offer to lease, offer to sell, barter, auction,  or  other-
 wise  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 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] ARTICLE TWENTY-SIX-C 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 from a breeder or
 broker in exchange for payment or compensation; and
   (d) does not resell dogs, cats or rabbits obtained from a  breeder  or
 broker or provide payment or compensation to such breeder or broker.
   §  5. Subdivision 4 of section 400 of the agriculture and markets law,
 as amended by chapter 553 of the laws of 2022, paragraphs (b) and (c) as
 separately amended by chapters 681 and 683 of the laws  of  2022,  para-
 graph  (d)  as amended and paragraph (e) as relettered by chapter 496 of
 the laws of 2024, and paragraph (e) as added by chapter 681 of the  laws
 of 2022, 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] BREEDS ANIMALS
 AND  SELLS  OR  OFFERS  to sell MORE THAN NINE animals THAT ARE BORN AND
 RAISED ON SUCH A PERSON'S RESIDENTIAL PREMISES DIRECTLY TO  A  CONSUMER;
 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 animals per year that are born and raised on  the
 breeder's residential premises;
 A. 8653                             3

   (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
 that  is  duly licensed as an animal shelter pursuant to article twenty-
 six-C of this chapter;
   [(c)] (B) 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
 duly  licensed  as an animal shelter pursuant to article twenty-six-C of
 this chapter; and
   [(d)] (C) Any public authority providing shelter services for the care
 of unwanted animals.
   [(e)] (D) Any retail pet shop  as  defined  in  subdivision  eight  of
 section seven hundred fifty-two of the general business law.
   §  6.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 683 of the laws of 2022, takes effect.