Bill Text: NY A01245 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the definition of pet dealer.
Spectrum: Slight Partisan Bill (Democrat 15-5)
Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A01245 Detail]
Download: New_York-2015-A01245-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1245 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. ROSENTHAL, ZEBROWSKI, BROOK-KRASNY, BARRETT, GLICK, MOSLEY, GOTTFRIED, JAFFEE, STECK, CAHILL, COOK, RAIA, TEDISCO, McDONOUGH, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, CERET- TO, GALEF, LUPARDO, MOYA, THIELE -- read once and referred to the Committee on Agriculture 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 687 of the laws of 2006, 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, BUT NOT BE LIMITED TO, breeders who sell 7 or offer to sell animals[; provided that a breeder who sells or offers 8 to sell directly to the consumer fewer than twenty-five animals per year 9 that are born and raised on the breeder's residential premises shall not 10 be considered a pet dealer as a result of selling or offering to sell 11 such animals]. Such definition shall [further] not include duly incorpo- 12 rated humane societies dedicated to the care of unwanted animals which 13 make such animals available for adoption whether or not a fee for such 14 adoption is charged. 15 S 2. Subdivision 3 of section 752 of the general business law, as 16 amended by chapter 687 of the laws of 2006, is amended to read as 17 follows: 18 3. [For purposes of section seven hundred fifty-three of this article, 19 a] A "pet dealer" shall mean any person who, in the ordinary course of 20 business, engages in the sale or offering for sale of more than nine 21 animals per year for profit to the public. Such definition shall 22 include, BUT NOT BE LIMITED TO, breeders of animals who sell or offer EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04293-01-5 A. 1245 2 1 for sale animals directly to a consumer but it shall not include duly 2 incorporated humane societies dedicated to the care of unwanted animals 3 which make such animals available for adoption whether or not a fee for 4 such adoption is charged. [For purposes of sections seven hundred 5 fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c, 6 seven hundred fifty-three-d and seven hundred fifty-three-e of this 7 article, "pet dealer" shall mean any person who engages in the sale or 8 offering for sale of more than nine animals per year for profit to the 9 public. Such definition shall include breeders who sell animals; 10 provided that a breeder who sells or offers to sell directly to the 11 consumer fewer than twenty-five animals per year that are born and 12 raised on the breeders residential premises shall not be considered a 13 pet dealer as a result of selling or offering to sell such animals. Such 14 definition shall not include duly incorporated humane societies dedi- 15 cated to the care of unwanted animals which make such animals available 16 for adoption whether or not a fee for such adoption is charged.] 17 S 3. This act shall take effect immediately.