Bill Text: NY S08105 | 2017-2018 | General Assembly | Introduced


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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-29 - REFERRED TO CONSUMER PROTECTION [S08105 Detail]

Download: New_York-2017-S08105-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8105
                    IN SENATE
                                     March 29, 2018
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        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"
    21  shall  mean  a  retail  pet shop location primarily engaged in retailing
    22  pets, pet foods, and pet supplies, as  defined  by  the  North  American
    23  industry classification system. Such definition shall not include breed-
    24  ers  who  sell  animals directly to the public. For purposes of sections
    25  seven hundred fifty-three-a, seven hundred fifty-three-b, seven  hundred
    26  fifty-three-c  and  seven  hundred  fifty-three-d  of this article, "pet
    27  dealer" shall mean any person who engages in the sale  or  offering  for
    28  sale  of  more than nine animals per year for profit to the public. Such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13053-11-8

        S. 8105                             2
     1  definition shall include breeders who sell animals;  but  it  shall  not
     2  include the following:
     3    § 2. The general business law is amended by adding a new section 753-e
     4  to read as follows:
     5    §  753-e. Requirement of rescue status for certain sales. A pet dealer
     6  shall not sell an animal unless such animal was obtained from a licensed
     7  breeder, a duly incorporated humane society dedicated  to  the  care  of
     8  unwanted animals, a public animal control agency or shelter, society for
     9  the  prevention  of  cruelty  to  animals  shelter,  or animal rescue or
    10  adoption organization that has tax exempt status under  paragraph  3  of
    11  subsection  (c) of section 501 of the Internal Revenue Code and does not
    12  obtain dogs or cats from breeders or brokers in exchange for payment  or
    13  compensation.
    14    §  3.  Subdivision  1-a of section 755 of the general business law, as
    15  added by chapter 259 of the laws of 2000, is amended to read as follows:
    16    1-a. Any person who violates any provision of  section  seven  hundred
    17  fifty-three-a,  seven  hundred  fifty-three-b, [or] seven hundred fifty-
    18  three-c or seven hundred fifty-three-e  of  this  article  may  also  be
    19  subject  to denial, suspension, revocation of, or refusal to renew a pet
    20  dealer license, in accordance  with  the  provisions  of  sections  four
    21  hundred three and four hundred four of the agriculture and markets law.
    22    § 4. The general business law is amended by adding a new section 391-u
    23  to read as follows:
    24    §  391-u.  Sale  of  rabbits;  rescue  requirement. 1. As used in this
    25  section, "pet dealer" shall mean a retail pet  shop  location  primarily
    26  engaged  in  retailing  pets, pet foods, and pet supplies, as defined by
    27  the North American industry classification system. Such definition shall
    28  not include breeders who sell animals directly to the public.
    29    2. A pet dealer shall  not  sell  a  rabbit  unless  such  rabbit  was
    30  obtained  from  a  licensed  breeder, a duly incorporated humane society
    31  dedicated to the care of unwanted animals, a public animal control agen-
    32  cy or shelter, society for the prevention of cruelty to animals shelter,
    33  or animal rescue or adoption organization that  has  tax  exempt  status
    34  under  paragraph  3  of  subsection  (c)  of section 501 of the Internal
    35  Revenue Code and does not obtain rabbits from  breeders  or  brokers  in
    36  exchange for payment or compensation.
    37    3.  A  pet  dealer who violates subdivision two of this section may be
    38  subject to denial, suspension, revocation of, or refusal to renew a  pet
    39  dealer  license,  in  accordance  with  the  provisions of sections four
    40  hundred three and four hundred four of the agriculture and markets law.
    41    § 5. This act shall take effect on the ninetieth day  after  it  shall
    42  have become a law.
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