Bill Text: NY S04234 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Prohibits the sale of dogs, cats and rabbits by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Engrossed - Dead) 2020-07-21 - referred to agriculture [S04234 Detail]

Download: New_York-2019-S04234-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4234                                                  A. 6298
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      March 5, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  GIANARIS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Domestic
          Animal Welfare
        IN ASSEMBLY -- Introduced by M. of A.  L. ROSENTHAL  --  read  once  and
          referred to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to the sale of dogs, cats and rabbits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 48 of section 16 of the agriculture and markets
     2  law, as added by chapter 384 of the laws of 2015, is amended to read  as
     3  follows:
     4    48. Make available in written and electronic medium, in a manner read-
     5  ily  accessible  to police agencies and officers and district attorneys,
     6  information about animal cruelty and protection laws  in  this  chapter,
     7  including,  but  not  limited to, article twenty-six of this chapter and
     8  section seven hundred fifty-three-f of the  general  business  law.  The
     9  development  of  such information shall be coordinated with the division
    10  of criminal justice services, including the  municipal  police  training
    11  council,  in  a  manner designed to enhance training of municipal police
    12  officers and to assist such officers and district attorneys in enforcing
    13  and applying such laws.
    14    § 2. Subdivision 4 of section 400 of the agriculture and  markets  law
    15  is amended by adding a new paragraph (d) to read as follows:
    16    (d)  Any  retail  pet  shop as defined in subdivision eight of section
    17  seven hundred fifty-two of the general business law.
    18    § 3. Paragraphs (e) and (f) of subdivision 4 of  section  408  of  the
    19  agriculture  and  markets  law,  as  added by chapter 168 of the laws of
    20  2017, are amended and a new paragraph (g) is added to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09180-01-9
        S. 4234                             2                            A. 6298
     1    (e) The applicant or registrant is determined by the  commissioner  to
     2  be  in  violation  of section twenty-one hundred forty-one of the public
     3  health law or any rule  or  regulation  promulgated  thereunder  by  the
     4  commissioner of health; [and]
     5    (f)  The  applicant  or registrant, or an officer or director has been
     6  responsible in whole or in part for any  act  on  account  of  which  an
     7  application  for  registration may be denied or a registration cancelled
     8  pursuant to the provisions of this article[.]; and
     9    (g) The applicant or registrant was previously licensed as a pet deal-
    10  er pursuant to this article.
    11    § 4. The opening paragraph of subdivision 3  of  section  752  of  the
    12  general  business law, as amended by chapter 168 of the laws of 2017, is
    13  amended and a new paragraph (d) is added to read as follows:
    14    For purposes of section seven hundred fifty-three of this  article,  a
    15  "pet  dealer" shall mean any person who, in the ordinary course of busi-
    16  ness, engages in the sale or offering for sale of more than nine animals
    17  per year for profit to the public. Such definition shall include  breed-
    18  ers of animals who sell or offer for sale animals directly to a consumer
    19  but  it  shall not include any retail pet shop as defined in subdivision
    20  eight of this section, municipal pound or shelter established and  main-
    21  tained  pursuant  to  subdivision one of section one hundred fourteen of
    22  the agriculture and markets law, or any duly  incorporated  society  for
    23  the  prevention of cruelty to animals, duly incorporated humane society,
    24  duly incorporated animal protective association or other  duly  incorpo-
    25  rated  animal  adoption or animal rescue organization that is tax exempt
    26  pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
    27  al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
    28  sections of the federal Internal Revenue Code,  as  from  time  to  time
    29  amended, that is registered with the department pursuant to section four
    30  hundred  eight  of  the  agriculture  and  markets  law. For purposes of
    31  sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
    32  hundred fifty-three-c and seven hundred fifty-three-d of  this  article,
    33  "pet  dealer"  shall mean any person who engages in the sale or offering
    34  for sale of more than nine animals per year for profit  to  the  public.
    35  Such  definition  shall  include breeders who sell animals; but it shall
    36  not include the following:
    37    (d) Any retail pet shop  as  defined  in  subdivision  eight  of  this
    38  section.
    39    §  5.  Section  752 of the general business law is amended by adding a
    40  new subdivision 8 to read as follows:
    41    8. "Retail pet shop" means a  for-profit  establishment  open  to  the
    42  public  that  sells  or  offers for sale animals to be kept as household
    43  pets, pet food or supplies.
    44    § 6. The general business law is amended by adding a new section 753-f
    45  to read as follows:
    46    § 753-f. Sale of dogs, cats and rabbits prohibited. A retail pet  shop
    47  as  defined  in  this  article  shall  not  sell, offer to sell, barter,
    48  auction, or otherwise transfer ownership of  any  dog,  cat  or  rabbit,
    49  provided  that  this section shall not be construed to prohibit a retail
    50  pet shop from collaborating with the following entities to provide space
    51  to showcase dogs, cats or  rabbits  owned  by  these  entities  for  the
    52  purpose of adoption; any duly incorporated society for the prevention of
    53  cruelty  to animals, duly incorporated humane society, duly incorporated
    54  animal protective association or other duly incorporated animal adoption
    55  or animal rescue organization that is  exempt  from  taxes  pursuant  to
    56  paragraph  (3)  of subsection (c) of section 501 of the federal Internal
        S. 4234                             3                            A. 6298
     1  Revenue Code, 26 U.S.C.  501, or any subsequent  corresponding  sections
     2  of the federal Internal Revenue Code, as from time to time amended, that
     3  is registered with the department pursuant to section four hundred eight
     4  of  the  agriculture and markets law. Retail pet shops shall not collab-
     5  orate to showcase dogs, cats or rabbits with any entity which is, or  is
     6  affiliated  with,  or  is housed on the premises of a breeder or broker,
     7  obtains dogs, cats or rabbits from a breeder or broker in  exchange  for
     8  payment  or compensation, or resells dogs, cats or rabbits obtained from
     9  a breeder or broker and provides payment or compensation to such breeder
    10  or broker.
    11    § 7. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.