Bill Text: NY A08526 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 8526 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8526
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 19, 2017
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Agriculture
        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.  Subdivision 3 of section 752 of the general business law,
     2  as amended by chapter 687 of the laws of 2006, is  amended  to  read  as
     3  follows:
     4    3.  For purposes of section seven hundred fifty-three of this article,
     5  a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
     6  business,  engages  in  the  sale or offering for sale of more than nine
     7  animals per year for profit to the public. Such definition shall include
     8  breeders of animals who sell or offer for sale  animals  directly  to  a
     9  consumer  but  it  shall  not include duly incorporated humane societies
    10  dedicated to the care of unwanted animals which make such animals avail-
    11  able for adoption whether or not a fee for such adoption is charged. For
    12  purposes of sections seven hundred fifty-three-a, seven  hundred  fifty-
    13  three-b,  seven hundred fifty-three-c[,] and seven hundred fifty-three-d
    14  [and seven hundred fifty-three-e] of this article,  "pet  dealer"  shall
    15  mean  any  person  who  engages in the sale or offering for sale of more
    16  than nine animals per year for profit to  the  public.  Such  definition
    17  shall  include  breeders  who  sell animals; provided that a breeder who
    18  sells or offers to sell directly to the consumer fewer than  twenty-five
    19  animals  per  year  that are born and raised on the breeders residential
    20  premises shall not be considered a pet dealer as a result of selling  or
    21  offering  to  sell  such animals. Such definition shall not include duly
    22  incorporated humane societies dedicated to the care of unwanted  animals
    23  which  make such animals available for adoption whether or not a fee for
    24  such adoption is charged. For purposes of section seven  hundred  fifty-
    25  three-e,  a "pet dealer" shall mean a retail pet shop location primarily
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13053-01-7

        A. 8526                             2
     1  engaged in retailing pets, pet foods, and pet supplies,  as  defined  by
     2  the North American industry classification system. Such definition shall
     3  not include breeders who sell animals.
     4    § 2. The general business law is amended by adding a new section 753-e
     5  to read as follows:
     6    §  753-e. Requirement of rescue status for certain sales. A pet dealer
     7  shall not sell an animal unless such animal was  obtained  from  a  duly
     8  incorporated humane society dedicated to the care of unwanted animals, a
     9  public  animal  control agency or shelter, society for the prevention of
    10  cruelty to animals shelter, or animal rescue or adoption organization.
    11    § 3. Subdivision 1-a of section 755 of the general  business  law,  as
    12  added by chapter 259 of the laws of 2000, is amended to read as follows:
    13    1-a.  Any  person  who violates any provision of section seven hundred
    14  fifty-three-a, seven hundred fifty-three-b, [or]  seven  hundred  fifty-
    15  three-c  or  seven  hundred  fifty-three-e  of  this article may also be
    16  subject to denial, suspension, revocation of, or refusal to renew a  pet
    17  dealer  license,  in  accordance  with  the  provisions of sections four
    18  hundred three and four hundred four of the agriculture and markets law.
    19    § 4. The general business law is amended by adding a new section 391-u
    20  to read as follows:
    21    § 391-u. Sale of rabbits; rescue  requirement.  1.  As  used  in  this
    22  section,  "pet  dealer"  shall mean a retail pet shop location primarily
    23  engaged in retailing pets, pet foods, and pet supplies,  as  defined  by
    24  the North American industry classification system. Such definition shall
    25  not include breeders who sell animals.
    26    2.  A  pet  dealer  shall  not  sell  a  rabbit unless such rabbit was
    27  obtained from a duly incorporated humane society dedicated to  the  care
    28  of  unwanted animals, a public animal control agency or shelter, society
    29  for the prevention of cruelty to animals shelter, or  animal  rescue  or
    30  adoption organization.
    31    3.  A  pet  dealer who violates subdivision two of this section may be
    32  subject to denial, suspension, revocation of, or refusal to renew a  pet
    33  dealer  license,  in  accordance  with  the  provisions of sections four
    34  hundred three and four hundred four of the agriculture and markets law.
    35    § 5. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.