Bill Text: NY S03475 | 2011-2012 | General Assembly | Introduced

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Bill Title: Amends the definitions of pet dealers in the agriculture and markets law and the general business law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-24 - PRINT NUMBER 3475B [S03475 Detail]

Download: New_York-2011-S03475-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3475
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2011
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the agriculture and markets law and the general business
         law, in relation to pet dealers
         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 and a new
    3  subdivision 5 is added to read 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  (A) SELLS OR OFFERS FOR SALE NINE OR MORE DOGS OR CATS BORN OR RAISED ON
    7  PREMISES  OTHER  THAN THE PREMISES OF SAID PERSON; (B) MAINTAINS A TOTAL
    8  OF SIX SEXUALLY INTACT FEMALE DOGS OR CATS SIX MONTHS OF  AGE  OR  OLDER
    9  AND  WHO  SELLS  OR OFFERS FOR SALE ANY OF THE OFFSPRING OF SUCH DOGS OR
   10  CATS; OR (C) SELLS OR OFFERS FOR SALE TO THE PUBLIC TEN OR MORE DOGS  OR
   11  CATS IN A CALENDAR YEAR. Such definition shall include breeders who sell
   12  or  offer  to sell animals[; provided that a breeder who sells or offers
   13  to sell directly to the consumer fewer than twenty-five animals per year
   14  that are born and raised on the breeder's residential premises shall not
   15  be considered a pet dealer as a result of selling or  offering  to  sell
   16  such animals. Such definition shall further], BUT SHALL not include duly
   17  incorporated  humane societies dedicated to the care of unwanted animals
   18  which make such animals available for adoption whether or not a fee  for
   19  such adoption is charged.
   20    5.  "PREMISES"  MEANS THE HOME, HOMESTEAD, PLACE OF BUSINESS OR OPERA-
   21  TION OF ANY INDIVIDUAL OR PERSON, INCLUDING A PET DEALER,  AND  INCLUDES
   22  ALL  OF THE LAND, PROPERTY, HOUSING FACILITIES OR ANY COMBINATION THERE-
   23  OF, ON, IN OR THROUGH WHICH ANY DOG OR  CAT  IS  KEPT,  BRED,  HARBORED,
   24  BOARDED,  SHELTERED,  MAINTAINED,  SOLD, GIVEN AWAY, EXCHANGED OR IN ANY
   25  WAY TRANSFERRED. IT SHALL INCLUDE THE LAND, BUILDINGS AND FACILITIES  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00760-01-1
       S. 3475                             2
    1  PERSONS  RESIDING  THEREON. IT MAY BE PUBLIC OR PRIVATE AND INCLUDES THE
    2  LAND, BUILDINGS AND FACILITIES OF ANY PERSON  WHO  UTILIZES  OFFSITE  OR
    3  TEMPORARY HOMES TO KEEP, MAINTAIN, BREED, TRAIN, HARBOR, BOARD, SHELTER,
    4  SELL, GIVE AWAY, ADOPT, EXCHANGE, OR IN ANY WAY TRANSFER, DOGS OR CATS.
    5    S  2.    Subdivision  3 of section 752 of the general business law, as
    6  amended by chapter 687 of the laws  of  2006,  is  amended  to  read  as
    7  follows:
    8    3.  For  purposes of [section seven hundred fifty-three of] this arti-
    9  cle, a "pet dealer" shall mean any person who[, in the  ordinary  course
   10  of  business, engages in the sale or offering for sale of more than nine
   11  animals per year for profit to the public] (A) SELLS OR OFFERS FOR  SALE
   12  NINE  OR  MORE  DOGS  OR  CATS BORN OR RAISED ON PREMISES OTHER THAN THE
   13  PREMISES OF SAID PERSON; (B) MAINTAINS A TOTAL OF  SIX  SEXUALLY  INTACT
   14  FEMALE  DOGS  OR CATS SIX MONTHS OF AGE OR OLDER AND WHO SELLS OR OFFERS
   15  FOR SALE ANY OF THE OFFSPRING OF SUCH DOGS OR  CATS;  OR  (C)  SELLS  OR
   16  OFFERS  FOR  SALE  TO  THE PUBLIC TEN OR MORE DOGS OR CATS IN A CALENDAR
   17  YEAR.  Such definition shall include breeders [of animals] who  sell  or
   18  offer  for  sale  animals  [directly  to a consumer], but [it] shall not
   19  include duly incorporated humane societies  dedicated  to  the  care  of
   20  unwanted  animals which make such animals available for adoption whether
   21  or not a fee for such adoption is charged.  [For  purposes  of  sections
   22  seven  hundred fifty-three-a, seven hundred fifty-three-b, seven hundred
   23  fifty-three-c, seven hundred  fifty-three-d  and  seven  hundred  fifty-
   24  three-e  of this article, "pet dealer" shall mean any person who engages
   25  in the sale or offering for sale of more than nine animals per year  for
   26  profit  to  the  public. Such definition shall include breeders who sell
   27  animals; provided that a breeder who sells or offers to sell directly to
   28  the consumer fewer than twenty-five animals per year that are  born  and
   29  raised  on  the  breeders residential premises shall not be considered a
   30  pet dealer as a result of selling or offering to sell such animals. Such
   31  definition shall not include duly incorporated  humane  societies  dedi-
   32  cated  to the care of unwanted animals which make such animals available
   33  for adoption whether or not a fee for such adoption is charged.]
   34    S 3. This act shall take effect April 1, 2012.