STATE OF NEW YORK
________________________________________________________________________
3830
2019-2020 Regular Sessions
IN SENATE
February 15, 2019
___________
Introduced by Sen. METZGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the definition of pet dealer
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 168 of the laws of 2017, is amended to read
3 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 Such definition shall include breeders who sell or offer to sell
7 animals; provided that it shall not include the following:
8 (a) Any breeder who sells or offers to sell directly to the consumer
9 fewer than [twenty-five] fifteen animals per year that are born and
10 raised on the breeder's residential premises;
11 (b) Any municipal pound or shelter dedicated to the care of unwanted
12 animals which makes such animals available for adoption whether or not a
13 fee for such adoption is charged, established and maintained pursuant to
14 subdivision one of section one hundred fourteen of this chapter; and
15 (c) Any duly incorporated society for the prevention of cruelty to
16 animals, duly incorporated humane society, duly incorporated animal
17 protective association or other duly incorporated animal adoption or
18 animal rescue organization dedicated to the care of unwanted animals
19 which makes such animals available for adoption whether or not a fee for
20 such adoption is charged that is exempt from taxes pursuant to paragraph
21 (3) of subsection (c) of section 501 of the federal Internal Revenue
22 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the
23 federal Internal Revenue Code, as from time to time amended, that is
24 registered with the department pursuant to section four hundred eight of
25 this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00606-01-9
S. 3830 2
1 § 2. Subdivision 3 of section 752 of the general business law, as
2 amended by chapter 168 of the laws of 2017, 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 any municipal pound or shelter estab-
10 lished and maintained pursuant to subdivision one of section one hundred
11 fourteen of the agriculture and markets law, or any duly incorporated
12 society for the prevention of cruelty to animals, duly incorporated
13 humane society, duly incorporated animal protective association or other
14 duly incorporated animal adoption or animal rescue organization that is
15 tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of
16 the federal Internal Revenue Code, 26 U.S.C. 501, or any subsequent
17 corresponding sections of the federal Internal Revenue Code, as from
18 time to time amended, that is registered with the department pursuant to
19 section four hundred eight of the agriculture and markets law. For
20 purposes of sections seven hundred fifty-three-a, seven hundred fifty-
21 three-b, seven hundred fifty-three-c and seven hundred fifty-three-d of
22 this article, "pet dealer" shall mean any person who engages in the sale
23 or offering for sale of more than nine animals per year for profit to
24 the public. Such definition shall include breeders who sell animals; but
25 it shall not include the following:
26 (a) Any breeder who sells or offers to sell directly to the consumer
27 fewer than [twenty-five] fifteen animals per year that are born and
28 raised on the breeders residential premises.
29 (b) Any municipal pound or shelter established and maintained pursuant
30 to subdivision one of section one hundred fourteen of the agriculture
31 and markets law.
32 (c) Any duly incorporated society for the prevention of cruelty to
33 animals, duly incorporated humane society, duly incorporated animal
34 protective association or other duly incorporated animal adoption or
35 animal rescue organization that is exempt from taxes pursuant to para-
36 graph (3) of subsection (c) of section 501 of the federal Internal
37 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
38 the federal Internal Revenue Code, as from time to time amended, that is
39 registered with the department pursuant to section four hundred eight of
40 the agriculture and markets law.
41 § 3. This act shall take effect on the one hundred twentieth day after
42 it shall have become a law.