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.
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