STATE OF NEW YORK
________________________________________________________________________
8105
IN SENATE
March 29, 2018
___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring dogs,
cats and rabbits sold by certain pet dealers to be rescue animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 3 of section 752 of
2 the general business law, as amended by chapter 168 of the laws of 2017,
3 is amended to read as follows:
4 For purposes of section seven hundred fifty-three of this article, a
5 "pet dealer" shall mean any person who, in the ordinary course of busi-
6 ness, engages in the sale or offering for sale of more than nine animals
7 per year for profit to the public. Such definition shall include breed-
8 ers of animals who sell or offer for sale animals directly to a consumer
9 but it shall not include any municipal pound or shelter established and
10 maintained pursuant to subdivision one of section one hundred fourteen
11 of the agriculture and markets law, or any duly incorporated society for
12 the prevention of cruelty to animals, duly incorporated humane society,
13 duly incorporated animal protective association or other duly incorpo-
14 rated animal adoption or animal rescue organization that is tax exempt
15 pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
16 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
17 sections of the federal Internal Revenue Code, as from time to time
18 amended, that is registered with the department pursuant to section four
19 hundred eight of the agriculture and markets law. For purposes of
20 section seven hundred fifty-three-e of this article, a "pet dealer"
21 shall mean a retail pet shop location primarily engaged in retailing
22 pets, pet foods, and pet supplies, as defined by the North American
23 industry classification system. Such definition shall not include breed-
24 ers who sell animals directly to the public. For purposes of sections
25 seven hundred fifty-three-a, seven hundred fifty-three-b, seven hundred
26 fifty-three-c and seven hundred fifty-three-d of this article, "pet
27 dealer" shall mean any person who engages in the sale or offering for
28 sale of more than nine animals per year for profit to the public. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13053-11-8
S. 8105 2
1 definition shall include breeders who sell animals; but it shall not
2 include the following:
3 § 2. The general business law is amended by adding a new section 753-e
4 to read as follows:
5 § 753-e. Requirement of rescue status for certain sales. A pet dealer
6 shall not sell an animal unless such animal was obtained from a licensed
7 breeder, a duly incorporated humane society dedicated to the care of
8 unwanted animals, a public animal control agency or shelter, society for
9 the prevention of cruelty to animals shelter, or animal rescue or
10 adoption organization that has tax exempt status under paragraph 3 of
11 subsection (c) of section 501 of the Internal Revenue Code and does not
12 obtain dogs or cats from breeders or brokers in exchange for payment or
13 compensation.
14 § 3. Subdivision 1-a of section 755 of the general business law, as
15 added by chapter 259 of the laws of 2000, is amended to read as follows:
16 1-a. Any person who violates any provision of section seven hundred
17 fifty-three-a, seven hundred fifty-three-b, [or] seven hundred fifty-
18 three-c or seven hundred fifty-three-e of this article may also be
19 subject to denial, suspension, revocation of, or refusal to renew a pet
20 dealer license, in accordance with the provisions of sections four
21 hundred three and four hundred four of the agriculture and markets law.
22 § 4. The general business law is amended by adding a new section 391-u
23 to read as follows:
24 § 391-u. Sale of rabbits; rescue requirement. 1. As used in this
25 section, "pet dealer" shall mean a retail pet shop location primarily
26 engaged in retailing pets, pet foods, and pet supplies, as defined by
27 the North American industry classification system. Such definition shall
28 not include breeders who sell animals directly to the public.
29 2. A pet dealer shall not sell a rabbit unless such rabbit was
30 obtained from a licensed breeder, a duly incorporated humane society
31 dedicated to the care of unwanted animals, a public animal control agen-
32 cy or shelter, society for the prevention of cruelty to animals shelter,
33 or animal rescue or adoption organization that has tax exempt status
34 under paragraph 3 of subsection (c) of section 501 of the Internal
35 Revenue Code and does not obtain rabbits from breeders or brokers in
36 exchange for payment or compensation.
37 3. A pet dealer who violates subdivision two of this section may be
38 subject to denial, suspension, revocation of, or refusal to renew a pet
39 dealer license, in accordance with the provisions of sections four
40 hundred three and four hundred four of the agriculture and markets law.
41 § 5. This act shall take effect on the ninetieth day after it shall
42 have become a law.