Bill Text: NY S07711 | 2017-2018 | General Assembly | Amended

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Bill Title: Prohibits the sale of dogs and cats 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 9-0)

Status: (Introduced - Dead) 2018-08-24 - PRINT NUMBER 7711B [S07711 Detail]

Download: New_York-2017-S07711-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7711--B
                    IN SENATE
                                    February 9, 2018
                                       ___________
        Introduced  by  Sens.  GIANARIS,  ADDABBO,  ALCANTARA,  BRESLIN, BROOKS,
          HAMILTON, HOYLMAN, KRUEGER, STAVISKY -- read twice and ordered  print-
          ed,  and  when  printed  to  be committed to the Committee on Consumer
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to the prohibition on the sale of dogs and/or cats by
          retail pet shops
          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 is amended by adding a new paragraph (d) to read as follows:
     3    (d)  Any  retail  pet  shop as defined in subdivision eight of section
     4  seven hundred fifty-two of the general business law.
     5    § 2. The opening paragraph of subdivision 3  of  section  752  of  the
     6  general  business law, as amended by chapter 168 of the laws of 2017, is
     7  amended and a new paragraph (d) is added to read as follows:
     8    For purposes of section seven hundred fifty-three of this  article,  a
     9  "pet  dealer" shall mean any person who, in the ordinary course of busi-
    10  ness, engages in the sale or offering for sale of more than nine animals
    11  per year for profit to the public. Such definition shall include  breed-
    12  ers of animals who sell or offer for sale animals directly to a consumer
    13  but  it  shall not include any retail pet shop as defined in subdivision
    14  eight of this section, municipal pound or shelter established and  main-
    15  tained  pursuant  to  subdivision one of section one hundred fourteen of
    16  the agriculture and markets law, or any duly  incorporated  society  for
    17  the  prevention of cruelty to animals, duly incorporated humane society,
    18  duly incorporated animal protective association or other  duly  incorpo-
    19  rated  animal  adoption or animal rescue organization that is tax exempt
    20  pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
    21  al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
    22  sections of the federal Internal Revenue Code,  as  from  time  to  time
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13053-12-8
        S. 7711--B                          2
     1  amended, that is registered with the department pursuant to section four
     2  hundred  eight  of  the  agriculture  and  markets  law. For purposes of
     3  sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
     4  hundred  fifty-three-c  and seven hundred fifty-three-d of this article,
     5  "pet dealer" shall mean any person who engages in the sale  or  offering
     6  for  sale  of  more than nine animals per year for profit to the public.
     7  Such definition shall include breeders who sell animals;  but  it  shall
     8  not include the following:
     9    (d)  Any  retail  pet  shop  as  defined  in subdivision eight of this
    10  section.
    11    § 3. Section 752 of the general business law is amended  by  adding  a
    12  new subdivision 8 to read as follows:
    13    8.  "Retail  pet  shop"  means  a for-profit establishment open to the
    14  public that sells or offers for sale animals to  be  kept  as  household
    15  pets, pet food or supplies.
    16    § 4. The general business law is amended by adding a new section 753-e
    17  to read as follows:
    18    §  753-e.  Prohibition  on sale of dogs or cats by retail pet shops. A
    19  retail pet shop shall not sell,  offer  to  sell,  barter,  auction,  or
    20  otherwise  transfer  ownership  of  any  dog  or cat, provided that this
    21  section shall not be construed  to  prohibit  a  retail  pet  shop  from
    22  collaborating  with  the following entities to provide space to showcase
    23  cats or dogs owned by these entities for the purpose  of  adoption:  any
    24  duly incorporated society for the prevention of cruelty to animals, duly
    25  incorporated humane society, duly incorporated animal protective associ-
    26  ation or other duly incorporated animal adoption or animal rescue organ-
    27  ization  that  is  exempt  from  taxes  pursuant  to  paragraph  (3)  of
    28  subsection (c) of section 501 of the federal Internal Revenue  Code,  26
    29  U.S.C.  501,  or  any  subsequent  corresponding sections of the federal
    30  Internal Revenue Code, as from time to time amended, that is  registered
    31  with  the department pursuant to section four hundred eight of the agri-
    32  culture and markets law.
    33    § 5. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law.