Authorizes retail pet shops to sell certain animals only if such shops provide information on where the retail pet shop obtained each dog, cat or rabbit and how much such shop paid for each animal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8118
SPONSOR: McDonough TITLE OF BILL:
An act to amend the general business law, in relation to requiring
retail pet shops to provide information to the department of agriculture
and markets relating to where the shop received each animal and how much
the shop paid for each animal
PURPOSE:
To increase regulations for retail pet shops to prevent and lessen
animal cruelty without an entire prohibition on responsible retail pet
shop owners.
SUMMARY OF PROVISIONS:
Section 1 of the bill provides a chapter amendment to A4283 by adding
section 753-f stating that a retail pet shop is not prohibited when it
also provides information on where the retail pet shop received each
animal and how much money such shop paid to obtain each animal to the
department of agriculture and markets when applying for a license or
renewal license under existing law.
Section 2 of the bill sets forth the effective date.
JUSTIFICATION:
New Yorkers are increasing concerned about the treatment of pets being
held for sale in retail pet shops. In order to prevent and lessen animal
cruelty, increased regulations should be added to the licensing require-
ments for retail pet shops, including a requirement that retail pet
shops provide information to the department of agriculture and markets
relating to where the store received each animal and how much money was
paid to obtain each animal when applying for a license or renewal
license under existing law.
This bill will ensure that more animals are protected without an entire
prohibition on retail pet shops, some of which are small businesses that
attempt to comply with current regulations to ensure animal safety.
However, reporting where the store received each animal and how much
money was paid to obtain each animal will aid in preventing animal abuse
by creating more transparency for purchasers of pets from retail pet
shops and allow responsible retail pet shops to remain in existence.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that if a
chapter of the laws of 2021, amending the agriculture and markets law
and the general business law relating to the sale of dogs, cats and
rabbits, as proposed in legislative bills numbers S. 1130 and A. 4283,
shall not have taken effect on or before such date, then this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2021, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8118
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Agriculture
AN ACT to amend the general business law, in relation to requiring
retail pet shops to provide information to the department of agricul-
ture and markets relating to where the shop received each animal and
how much the shop paid for each animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 753-f of the general business law, as added by a
2 chapter of the laws of 2021, amending the agriculture and markets law
3 and the general business law relating to the sale of dogs, cats and
4 rabbits, as proposed in legislative bills numbers S. 1130 and A. 4283,
5 is amended to read as follows:
6 § 753-f. Sale of dogs, cats and rabbits prohibited. A retail pet shop
7 as defined in this article shall not sell, lease, offer to lease, offer
8 to sell, barter, auction, or otherwise transfer ownership of any dog,
9 cat or rabbit; provided, however, that a retail pet shop that is
10 licensed pursuant to section four hundred three of the agriculture and
11 markets law may sell, lease, offer to lease, offer to sell, barter,
12 auction, or otherwise transfer ownership of any dog, cat or rabbit when
13 such shop provides information on where the retail pet shop received
14 each animal and how much money such shop paid to obtain each animal.
15 Such information shall be provided to the department of agriculture and
16 markets upon application for a license or a renewal license as a pet
17 dealer pursuant to section four hundred three of the agriculture and
18 markets law. This section shall not be construed to prohibit a retail
19 pet shop from collaborating with the following entities to provide space
20 to showcase dogs, cats or rabbits owned by these entities for the
21 purpose of adoption; any duly incorporated society for the prevention of
22 cruelty to animals, duly incorporated humane society, duly incorporated
23 animal protective association or other duly incorporated animal adoption
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11709-01-1
A. 8118 2
1 or animal rescue organization that is exempt from taxes pursuant to
2 paragraph (3) of subsection (c) of section 501 of the federal Internal
3 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections
4 of the federal Internal Revenue Code, as from time to time amended, that
5 is registered with the department pursuant to section four hundred eight
6 of the agriculture and markets law that is not affiliated with, or
7 housed on the premises of a breeder or broker that does not obtain dogs,
8 cats or rabbits from a breeder or broker in exchange for payment or
9 compensation, and does not resell dogs, cats or rabbits obtained from a
10 breeder or broker or provide payment or compensation to such breeder or
11 broker.
12 § 2. This act shall take effect immediately; provided, however, that
13 if a chapter of the laws of 2021, amending the agriculture and markets
14 law and the general business law relating to the sale of dogs, cats and
15 rabbits, as proposed in legislative bills numbers S. 1130 and A. 4283,
16 shall not have taken effect on or before such date, then this act shall
17 take effect on the same date and in the same manner as such chapter of
18 the laws of 2021, takes effect.
