STATE OF NEW YORK
________________________________________________________________________
846
2023-2024 Regular Sessions
IN SENATE
January 6, 2023
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to showcasing pets
for adoption; and to amend a chapter 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, as proposed in legislative bills
numbers S. 1130 and A. 4283, in relation to the effectiveness thereof
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 2022 amending the agriculture and markets law and
3 the general business law relating to the sale of dogs, cats and rabbits,
4 as proposed in legislative bills numbers S. 1130 and A. 4283, is amended
5 to read as follows:
6 § 753-f. Sale of dogs, cats and rabbits prohibited. 1. A retail pet
7 shop as defined in this article shall not sell, lease, offer to lease,
8 offer to sell, barter, auction, or otherwise transfer ownership of any
9 dog, cat or rabbit. This section shall not be construed to prohibit a
10 retail pet shop from collaborating with the following entities to
11 provide space to showcase dogs, cats or rabbits owned by [these] such
12 entities for the purpose of adoption; any duly incorporated society for
13 the prevention of cruelty to animals, duly incorporated humane society,
14 duly incorporated animal protective association or other duly incorpo-
15 rated animal adoption or animal rescue organization that:
16 (a) is exempt from taxes pursuant to paragraph (3) of subsection (c)
17 of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or
18 any subsequent corresponding sections of the federal Internal Revenue
19 Code, as from time to time amended[, that];
20 (b) is registered with the department pursuant to section four hundred
21 eight of the agriculture and markets law [that];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04156-01-3
S. 846 2
1 (c) is not affiliated with, or housed on the premises of a breeder or
2 broker that does not obtain dogs, cats or rabbits from a breeder or
3 broker in exchange for payment or compensation[,]; and
4 (d) does not resell dogs, cats or rabbits obtained from a breeder or
5 broker or provide payment or compensation to such breeder or broker.
6 2. This section shall not prohibit a retail pet shop from receiving a
7 reasonable rental fee for space to showcase dogs, cats or rabbits for
8 adoption at such retail pet shop.
9 § 2. Section 7 of a chapter of the laws of 2022 amending the agricul-
10 ture and markets law and the general business law relating to the sale
11 of dogs, cats and rabbits, as proposed in legislative bills numbers S.
12 1130 and A. 4283, is amended to read as follows:
13 § 7. This act shall take effect [one year] two years after it shall
14 have become a law.
15 § 3. This act shall take effect immediately; provided, however, that
16 section one of this act shall take effect on the same date and in the
17 same manner as a chapter of the laws of 2022 amending the agriculture
18 and markets law and the general business law relating to the sale of
19 dogs, cats and rabbits, as proposed in legislative bills numbers S. 1130
20 and A. 4283, takes effect.