S08252 Summary:
| BILL NO | S08252A |
| SAME AS | No Same As |
| SPONSOR | GIANARIS |
| COSPNSR | |
| MLTSPNSR | |
| Rpld §752 sub 3, amd §§752 & 753-f, Gen Bus L; amd §400, Ag & Mkts L | |
| Amends the definitions of pet dealers, brokers and retail pet shops. | |
S08252 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8252--A 2025-2026 Regular Sessions IN SENATE 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: 1 Section 1. Subdivision 3 of section 752 of the general business law is 2 REPEALED and a new subdivision 3 is added to read as follows: 3 3. "Pet dealer" means any person who breeds animals and sells or 4 offers to sell more than nine animals per year that are born and raised 5 on such a person's residential premises directly to a consumer, provided 6 that it shall not include the following: 7 (a) Any municipal pound or shelter dedicated to the care of unwanted 8 animals which make such animals available for adoption whether or not a 9 fee for such adoption is charged, established and maintained pursuant to 10 subdivision one of section one hundred fourteen of the agriculture and 11 markets law, and that is duly licensed as an animal shelter pursuant to 12 article twenty-six-C of the agriculture and markets law. 13 (b) Any duly incorporated society for the prevention of cruelty to 14 animals, duly incorporated humane society, duly incorporated animal 15 protective association or other duly incorporated animal adoption or 16 animal rescue organization dedicated to the care of unwanted animals 17 which makes such animals available for adoption whether or not a fee for 18 such adoption is charged that is exempt from taxes pursuant to paragraph 19 (3) of subsection (c) of section 501 of the federal Internal Revenue 20 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the the 21 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. LBD13058-04-5S. 8252--A 2 1 duly licensed as an animal shelter pursuant to article twenty-six-C of 2 the agriculture and markets law; 3 (c) Any public authority providing shelter services for the care of 4 unwanted animals; and 5 (d) Any retail pet shop as defined in subdivision eight of this 6 section. 7 § 2. Subdivision 8 of section 752 of the general business law, as 8 added by chapter 681 of the laws of 2022, is amended to read as follows: 9 8. "Retail pet shop" means any for-profit place of business that sells 10 or offers for sale animals to be kept as household pets, [pet food or11supplies,] but shall not include breeders who sell or offer to sell 12 directly to the consumer animals that are born and raised on the 13 breeder's residential premises. 14 § 3. Section 752 of the general business law is amended by adding a 15 new subdivision 9 to read as follows: 16 9. "Broker" means any person or business that sells or arranges, nego- 17 tiates or processes the sale of dogs, cats or rabbits bred by another or 18 that facilitates the transfer of dogs, cats or rabbits bred by another. 19 § 4. Subdivision 1 of section 753-f of the general business law, as 20 amended by chapter 35 of the laws of 2023, is amended to read as 21 follows: 22 1. A retail pet shop or broker as defined in this article shall not 23 sell, lease, offer to lease, offer to sell, barter, auction, or other- 24 wise transfer ownership of any dog, cat or rabbit. This section shall 25 not be construed to prohibit a retail pet shop from collaborating with 26 the following entities to provide space to showcase dogs, cats or 27 rabbits owned by such entities for the purpose of adoption; any duly 28 incorporated society for the prevention of cruelty to animals, duly 29 incorporated humane society, duly incorporated animal protective associ- 30 ation or other duly incorporated animal adoption or animal rescue organ- 31 ization that: 32 (a) is exempt from taxes pursuant to paragraph (3) of subsection (c) 33 of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or 34 any subsequent corresponding sections of the federal Internal Revenue 35 Code, as from time to time amended; 36 (b) is registered with the department pursuant to [section four37hundred eight] article twenty-six-C of the agriculture and markets law; 38 (c) is not affiliated with, or housed on the premises of a breeder or 39 broker that does not obtain dogs, cats or rabbits from a breeder or 40 broker in exchange for payment or compensation; and 41 (d) does not resell dogs, cats or rabbits obtained from a breeder or 42 broker or provide payment or compensation to such breeder or broker. 43 § 5. Subdivision 4 of section 400 of the agriculture and markets law, 44 as amended by chapter 553 of the laws of 2022, paragraphs (b) and (c) as 45 separately amended by chapters 681 and 683 of the laws of 2022, para- 46 graph (d) as amended and paragraph (e) as relettered by chapter 496 of 47 the laws of 2024, and paragraph (e) as added by chapter 681 of the laws 48 of 2022, is amended to read as follows: 49 4. "Pet Dealer" means any person who [engages in the sale or offering50for sale of more than nine animals per year for profit to the public.51Such definition shall include breeders who sell or offer] breeds animals 52 and sells or offers to sell more than nine animals per year that are 53 born and raised on such a person's residential premises directly to a 54 consumer; provided that it shall not include the following:S. 8252--A 3 1 (a) [Any breeder who sells or offers to sell directly to the consumer2fewer than twenty-five animals per year that are born and raised on the3breeder's residential premises;4(b)] Any municipal pound or shelter dedicated to the care of unwanted 5 animals which makes such animals available for adoption whether or not a 6 fee for such adoption is charged, established and maintained pursuant to 7 subdivision one of section one hundred fourteen of this chapter, and 8 that is duly licensed as an animal shelter pursuant to article twenty- 9 six-C of this chapter; 10 [(c)] (b) Any duly incorporated society for the prevention of cruelty 11 to animals, duly incorporated humane society, duly incorporated animal 12 protective association or other duly incorporated animal adoption or 13 animal rescue organization dedicated to the care of unwanted animals 14 which makes such animals available for adoption whether or not a fee for 15 such adoption is charged that is exempt from taxes pursuant to paragraph 16 (3) of subsection (c) of section 501 of the federal Internal Revenue 17 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the 18 federal Internal Revenue Code, as from time to time amended, that is 19 duly licensed as an animal shelter pursuant to article twenty-six-C of 20 this chapter; and 21 [(d)] (c) Any public authority providing shelter services for the care 22 of unwanted animals. 23 [(e)] (d) Any retail pet shop as defined in subdivision eight of 24 section seven hundred fifty-two of the general business law. 25 § 6. This act shall take effect on the same date and in the same 26 manner as chapter 683 of the laws of 2022, takes effect.