Bill Text: NY A06863 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the sale of dogs, cats and rabbits by pet dealers in the state and those that sell such animals through an online platform.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-03 - referred to agriculture [A06863 Detail]
Download: New_York-2023-A06863-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6863 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the general business law and the agriculture and markets law, in relation to the sale of dogs, cats, and rabbits by pet deal- ers; to amend chapter 681 of the laws of 2022 amending the agriculture and markets law and the general business law relating to the sale of dogs, cats and rabbits, in relation to the effectiveness thereof; and to repeal certain provisions of such laws relating thereto 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 Section 753-f of the general business law is REPEALED. 2 § 2. Paragraph (d) of subdivision 3 and subdivision 8 of section 752 3 of the general business law are REPEALED. 4 § 3. The opening paragraph of subdivision 3 of section 752 of the 5 general business law, as amended by chapter 681 of the laws of 2022, is 6 amended to read as follows: 7 For purposes of section seven hundred fifty-three of this article, a 8 "pet dealer" shall mean any person who, in the ordinary course of busi- 9 ness, engages in the sale or offering for sale of more than nine animals 10 per year for profit to the public. Such definition shall include breed- 11 ers of animals who sell or offer for sale animals directly to a consumer 12 but it shall not include any [retail pet shop as defined in subdivision13eight of this section,] municipal pound or shelter established and main- 14 tained pursuant to subdivision one of section one hundred fourteen of 15 the agriculture and markets law, or any duly incorporated society for 16 the prevention of cruelty to animals, duly incorporated humane society, 17 duly incorporated animal protective association or other duly incorpo- 18 rated animal adoption or animal rescue organization that is tax exempt 19 pursuant to paragraph (3) of subsection (c) of section 501 of the feder- 20 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding 21 sections of the federal Internal Revenue Code, as from time to time EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10760-01-3A. 6863 2 1 amended, that is registered with the department pursuant to section four 2 hundred eight of the agriculture and markets law. For purposes of 3 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven 4 hundred fifty-three-c and seven hundred fifty-three-d of this article, 5 "pet dealer" shall mean any person who engages in the sale or offering 6 for sale of more than nine animals per year for profit to the public. 7 Such definition shall include breeders who sell animals; but it shall 8 not include the following: 9 § 4. The opening paragraph of subdivision 3 of section 752 of the 10 general business law, as separately amended by chapters 681 and 683 of 11 the laws of 2022, is amended to read as follows: 12 For purposes of section seven hundred fifty-three of this article, a 13 "pet dealer" shall mean any person who, in the ordinary course of busi- 14 ness, engages in the sale or offering for sale of more than nine animals 15 per year for profit to the public. Such definition shall include breed- 16 ers of animals who sell or offer for sale animals directly to a consumer 17 but it shall not include [any retail pet shop as defined in subdivision18eight of this section,] any municipal pound or shelter established and 19 maintained pursuant to subdivision one of section one hundred fourteen 20 of the agriculture and markets law and duly licensed as an animal shel- 21 ter pursuant to article twenty-six-C of the agriculture and markets law, 22 or any duly incorporated society for the prevention of cruelty to 23 animals, duly incorporated humane society, duly incorporated animal 24 protective association or other duly incorporated animal adoption or 25 animal rescue organization that is tax exempt pursuant to paragraph (3) 26 of subsection (c) of section 501 of the federal Internal Revenue Code, 27 26 U.S.C. 501, or any subsequent corresponding sections of the federal 28 Internal Revenue Code, as from time to time amended, that duly licensed 29 as an animal shelter pursuant to article twenty-six-C of the agriculture 30 and markets law. For purposes of sections seven hundred fifty-three-a, 31 seven hundred fifty-three-b, seven hundred fifty-three-c and seven 32 hundred fifty-three-d of this article, "pet dealer" shall mean any 33 person who engages in the sale or offering for sale of more than nine 34 animals per year for profit to the public. Such definition shall include 35 breeders who sell animals; but it shall not include the following: 36 § 5. Subdivision 48 of section 16 of the agriculture and markets law, 37 as amended by chapter 681 of the laws of 2022, is amended to read as 38 follows: 39 48. Make available in written and electronic medium, in a manner read- 40 ily accessible to police agencies and officers and district attorneys, 41 information about animal cruelty and protection laws in this chapter, 42 including, but not limited to, article twenty-six of this chapter [and43section seven hundred fifty-three-f of the general business law]. The 44 development of such information shall be coordinated with the division 45 of criminal justice services, including the municipal police training 46 council, in a manner designed to enhance training of municipal police 47 officers and to assist such officers and district attorneys in enforcing 48 and applying such laws. 49 § 6. Paragraph (d) of subdivision 4 of section 400 of the agriculture 50 and markets law, as added by chapter 681 of the laws of 2022, is 51 REPEALED. 52 § 7. Paragraph (g) of subdivision 4 of section 408 of the agriculture 53 and markets law is REPEALED. 54 § 8. Paragraphs (e) and (f) of subdivision 4 of section 408 of the 55 agriculture and markets law, as amended by chapter 681 of the laws of 56 2022, are amended to read as follows:A. 6863 3 1 (e) The applicant or registrant is determined by the commissioner to 2 be in violation of section twenty-one hundred forty-one of the public 3 health law or any rule or regulation promulgated thereunder by the 4 commissioner of health; and 5 (f) The applicant or registrant, or an officer or director has been 6 responsible in whole or in part for any act on account of which an 7 application for registration may be denied or a registration cancelled 8 pursuant to the provisions of this article[; and]. 9 § 9. Section 7 of chapter 681 of the laws of 2022 amending the agri- 10 culture and markets law and the general business law relating to the 11 sale of dogs, cats and rabbits, as amended by chapter 35 of the laws of 12 2023, is amended to read as follows: 13 § 7. This act shall take effect [two years after it shall have become14a law] immediately. 15 § 10. The agriculture and markets law is amended by adding a new 16 section 409 to read as follows: 17 § 409. Sale of dogs, cats, and rabbits by pet dealers located in this 18 state or sold online. 1. No pet dealer or breeder conducting business in 19 this state whether in person, or through an online platform including 20 the internet, and operating under the authority granted pursuant to this 21 article, or any other law duly enacted by the federal government, the 22 state or a political subdivision thereof, and which is subject to the 23 requirements imposed upon a pet dealer of such dogs, cats or rabbits by 24 this chapter, or any other provision of federal, state or local law, or 25 which is not subject to all or any part of any such laws because they 26 operate using an online platform shall sell or offer for sale, any dog, 27 cat or rabbit, unless they can demonstrate to the satisfaction of the 28 department, that: 29 (a) the breeder from which such dog, cat or rabbit has been secured 30 has adequately attended to the normally acceptable and recognized stand- 31 ards of care appertaining to the physical and behavioral welfare of the 32 source animals, including nutrition, veterinary care, genetics, housing, 33 handling, socialization, enrichment and exercise; 34 (b) such source animals and dogs, cats, and rabbits being offered for 35 sale have, as needed, been regularly treated by a licensed veterinarian 36 who is the sole purveyor and provider of any surgeries or physical 37 alterations performed, provided that during the life of the source 38 animal and the life of the dog, cat or rabbit, the breeder, and pet 39 dealer both do attest to having complied with a comprehensive plan for 40 preventative care and treatment where required, including genetic and 41 health screening, regular dental care and proper grooming; 42 (c) such source animals and such dogs, cats and rabbits, have been 43 subjected to an acceptable behavior wellness plan, both for preventative 44 and treatment purposes and provided with regular exercise, socializa- 45 tion, and enrichment opportunities; 46 (d) such source animals and such dogs, cats, and rabbits have been 47 adequately provided with safe, enriched, high-quality living spaces at 48 safe and secure locations where they are bred and raised, including 49 spaces with access to both indoor and outdoor locations, multiple floor- 50 ing surfaces, and climate and temperature controlled and regulated 51 facilities; 52 (e) such source animals currently or previously utilized by a breeder 53 have been raised in an environment where established limits and expecta- 54 tions for a normal and healthy life during, and going beyond breeding 55 spans, are conducted consistent with a plan demonstrating consistent 56 concern for the humane treatment of all animals, including animals withA. 6863 4 1 which they come into contact, including the expectation, and proof that 2 they will not be sold, given or subjected to a facility which will 3 utilize such source animal solely for research purposes or will be 4 raised in a lifestyle that is inconsistent with the expectations 5 provided for in this article; and 6 (f) breeders shall participate in and can offer proof they have previ- 7 ously participated in and successfully completed regularly scheduled and 8 required courses in continuing education on the care and welfare of 9 animals, including dogs, cats, and rabbits, as established and may be 10 required by law, and otherwise be compliant with any other acceptable 11 standards of care which can reasonably be expected of a breeder of dogs, 12 cats and rabbits which shall be offered for sale by a pet dealer. 13 2. The department and any local department empowered by local law to 14 enforce provisions of law, rule, or regulation adopted, and entrusted 15 with the jurisdictional directives pertaining to the operations of a pet 16 dealer or breeder doing business in the state or such political subdivi- 17 sion thereof, shall be charged with the duty of enforcing compliance 18 with the provisions of this section. 19 § 11. This act shall take effect immediately; provided, however, 20 section ten of this act shall take effect one year after this act shall 21 take effect; provided, further, however, that the amendments to the 22 general business law made by section four of this act shall take effect 23 on the same date and in the same manner as chapter 683 of the laws of 24 2022, takes effect; and provided, further, that the amendments to subdi- 25 vision 4 of section 408 of the agriculture and markets law made by 26 section eight of this act shall not affect the repeal of such section 27 and shall be deemed repealed therewith. Effective immediately, the addi- 28 tion, amendment and/or repeal of any rule or regulation necessary for 29 the implementation of this act on its effective date are authorized to 30 be made and completed on or before such effective date.