STATE OF NEW YORK
________________________________________________________________________
5556--A
2017-2018 Regular Sessions
IN SENATE
April 12, 2017
___________
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- recommitted
to the Committee on Agriculture in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the definition of pet dealer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 400 of the agriculture and markets
2 law, as amended by chapter 168 of the laws of 2017, is amended to read
3 as follows:
4 4. "Pet Dealer" means any person who engages in the sale or offering
5 for sale of more than nine animals per year for profit to the public.
6 Such definition shall include breeders who sell or offer to sell
7 animals; provided that it shall not include the following:
8 (a) Any breeder who sells or offers to sell directly to the consumer
9 fewer than [twenty-five] fifteen animals per year that are born and
10 raised on the breeder's residential premises;
11 (b) Any municipal pound or shelter dedicated to the care of unwanted
12 animals which makes such animals available for adoption whether or not a
13 fee for such adoption is charged, established and maintained pursuant to
14 subdivision one of section one hundred fourteen of this chapter; and
15 (c) Any duly incorporated society for the prevention of cruelty to
16 animals, duly incorporated humane society, duly incorporated animal
17 protective association or other duly incorporated animal adoption or
18 animal rescue organization dedicated to the care of unwanted animals
19 which makes such animals available for adoption whether or not a fee for
20 such adoption is charged that is exempt from taxes pursuant to paragraph
21 (3) of subsection (c) of section 501 of the federal Internal Revenue
22 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01078-02-8
S. 5556--A 2
1 federal Internal Revenue Code, as from time to time amended, that is
2 registered with the department pursuant to section four hundred eight of
3 this article.
4 § 2. Subdivision 3 of section 752 of the general business law, as
5 amended by chapter 168 of the laws of 2017, is amended to read as
6 follows:
7 3. For purposes of section seven hundred fifty-three of this article,
8 a "pet dealer" shall mean any person who, in the ordinary course of
9 business, engages in the sale or offering for sale of more than nine
10 animals per year for profit to the public. Such definition shall include
11 breeders of animals who sell or offer for sale animals directly to a
12 consumer but it shall not include any municipal pound or shelter estab-
13 lished and maintained pursuant to subdivision one of section one hundred
14 fourteen of the agriculture and markets law, or any duly incorporated
15 society for the prevention of cruelty to animals, duly incorporated
16 humane society, duly incorporated animal protective association or other
17 duly incorporated animal adoption or animal rescue organization that is
18 tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of
19 the federal Internal Revenue Code, 26 U.S.C. 501, or any subsequent
20 corresponding sections of the federal Internal Revenue Code, as from
21 time to time amended, that is registered with the department pursuant to
22 section four hundred eight of the agriculture and markets law. For
23 purposes of sections seven hundred fifty-three-a, seven hundred fifty-
24 three-b, seven hundred fifty-three-c and seven hundred fifty-three-d of
25 this article, "pet dealer" shall mean any person who engages in the sale
26 or offering for sale of more than nine animals per year for profit to
27 the public. Such definition shall include breeders who sell animals; but
28 it shall not include the following:
29 (a) Any breeder who sells or offers to sell directly to the consumer
30 fewer than [twenty-five] fifteen animals per year that are born and
31 raised on the breeders residential premises.
32 (b) Any municipal pound or shelter established and maintained pursuant
33 to subdivision one of section one hundred fourteen of the agriculture
34 and markets law.
35 (c) Any duly incorporated society for the prevention of cruelty to
36 animals, duly incorporated humane society, duly incorporated animal
37 protective association or other duly incorporated animal adoption or
38 animal rescue organization that is exempt from taxes pursuant to para-
39 graph (3) of subsection (c) of section 501 of the federal Internal
40 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
41 the federal Internal Revenue Code, as from time to time amended, that is
42 registered with the department pursuant to section four hundred eight of
43 the agriculture and markets law.
44 § 3. This act shall take effect on the one hundred twentieth day after
45 it shall have become a law.
