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 REPEALED and a new subdivision 3 is added to read as follows: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.