S T A T E O F N E W Y O R K
________________________________________________________________________
8252--A
2025-2026 Regular Sessions
I N S E N A T E
May 27, 2025
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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REPEALED and a new subdivision 3 is added to read as follows: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 PER YEAR 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13058-04-5
S. 8252--A 2
DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-SIX-C OF
THE AGRICULTURE AND MARKETS LAW;
(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 PER YEAR THAT ARE
BORN AND RAISED ON SUCH A PERSON'S RESIDENTIAL PREMISES DIRECTLY TO A
CONSUMER; provided that it shall not include the following:
S. 8252--A 3
(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;
(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.