Bill Text: NY A08118 | 2021-2022 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 10-4)

Status: (Introduced - Dead) 2022-01-05 - referred to agriculture [A08118 Detail]

Download: New_York-2021-A08118-Introduced.html

---

                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.