Bill Text: NY A08526 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to requiring dogs, cats and rabbits sold by certain pet dealers to be rescue animals, or animals sourced from licensed breeders.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-03-19 - print number 8526b [A08526 Detail]
Download: New_York-2017-A08526-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8526--B 2017-2018 Regular Sessions IN ASSEMBLY June 19, 2017 ___________ Introduced by M. of A. O'DONNELL, FAHY, ENGLEBRIGHT -- read once and referred to the Committee on Agriculture -- recommitted to the Commit- tee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to requiring dogs, cats and rabbits sold by certain pet dealers to be rescue animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 3 of section 752 of 2 the general business law, as amended by chapter 168 of the laws of 2017, 3 is amended to read as follows: 4 For purposes of section seven hundred fifty-three of this article, a 5 "pet dealer" shall mean any person who, in the ordinary course of busi- 6 ness, engages in the sale or offering for sale of more than nine animals 7 per year for profit to the public. Such definition shall include breed- 8 ers of animals who sell or offer for sale animals directly to a consumer 9 but it shall not include any municipal pound or shelter established and 10 maintained pursuant to subdivision one of section one hundred fourteen 11 of the agriculture and markets law, or any duly incorporated society for 12 the prevention of cruelty to animals, duly incorporated humane society, 13 duly incorporated animal protective association or other duly incorpo- 14 rated animal adoption or animal rescue organization that is tax exempt 15 pursuant to paragraph (3) of subsection (c) of section 501 of the feder- 16 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding 17 sections of the federal Internal Revenue Code, as from time to time 18 amended, that is registered with the department pursuant to section four 19 hundred eight of the agriculture and markets law. For purposes of 20 section seven hundred fifty-three-e of this article, a "pet dealer" EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13053-06-8A. 8526--B 2 1 shall mean a retail pet shop location primarily engaged in retailing 2 pets, pet foods, and pet supplies, as defined by the North American 3 industry classification system. Such definition shall not include breed- 4 ers who sell animals directly to the public. For purposes of sections 5 seven hundred fifty-three-a, seven hundred fifty-three-b, seven hundred 6 fifty-three-c and seven hundred fifty-three-d of this article, "pet 7 dealer" shall mean any person who engages in the sale or offering for 8 sale of more than nine animals per year for profit to the public. Such 9 definition shall include breeders who sell animals; but it shall not 10 include the following: 11 § 2. The general business law is amended by adding a new section 753-e 12 to read as follows: 13 § 753-e. Requirement of rescue status for certain sales. A pet dealer 14 shall not sell an animal unless such animal was obtained from a licensed 15 breeder, a duly incorporated humane society dedicated to the care of 16 unwanted animals, a public animal control agency or shelter, society for 17 the prevention of cruelty to animals shelter, or animal rescue or 18 adoption organization that has tax exempt status under paragraph 3 of 19 subsection (c) of section 501 of the Internal Revenue Code and does not 20 obtain dogs or cats from breeders or brokers in exchange for payment or 21 compensation. 22 § 3. Subdivision 1-a of section 755 of the general business law, as 23 added by chapter 259 of the laws of 2000, is amended to read as follows: 24 1-a. Any person who violates any provision of section seven hundred 25 fifty-three-a, seven hundred fifty-three-b, [or] seven hundred fifty- 26 three-c or seven hundred fifty-three-e of this article may also be 27 subject to denial, suspension, revocation of, or refusal to renew a pet 28 dealer license, in accordance with the provisions of sections four 29 hundred three and four hundred four of the agriculture and markets law. 30 § 4. The general business law is amended by adding a new section 391-u 31 to read as follows: 32 § 391-u. Sale of rabbits; rescue requirement. 1. As used in this 33 section, "pet dealer" shall mean a retail pet shop location primarily 34 engaged in retailing pets, pet foods, and pet supplies, as defined by 35 the North American industry classification system. Such definition shall 36 not include breeders who sell animals directly to the public. 37 2. A pet dealer shall not sell a rabbit unless such rabbit was 38 obtained from a licensed breeder, a duly incorporated humane society 39 dedicated to the care of unwanted animals, a public animal control agen- 40 cy or shelter, society for the prevention of cruelty to animals shelter, 41 or animal rescue or adoption organization that has tax exempt status 42 under paragraph 3 of subsection (c) of section 501 of the Internal 43 Revenue Code and does not obtain rabbits from breeders or brokers in 44 exchange for payment or compensation. 45 3. A pet dealer who violates subdivision two of this section may be 46 subject to denial, suspension, revocation of, or refusal to renew a pet 47 dealer license, in accordance with the provisions of sections four 48 hundred three and four hundred four of the agriculture and markets law. 49 § 5. This act shall take effect on the ninetieth day after it shall 50 have become a law.
