S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6299
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 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 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:
 
   Section 1. Subdivision 4 of section 400 of the agriculture and markets
 law is amended by adding a new paragraph (d) to read as follows:
   (D)  ANY  RETAIL  PET  SHOP AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 SEVEN HUNDRED FIFTY-TWO OF THE GENERAL BUSINESS LAW.
   § 2. The opening paragraph of subdivision 3  of  section  752  of  the
 general  business law, as amended by chapter 168 of the laws of 2017, is
 amended and a new paragraph (d) is added to read as follows:
   For purposes of section seven hundred fifty-three of this  article,  a
 "pet  dealer" shall mean any person who, in the ordinary course of busi-
 ness, engages in the sale or offering for sale of more than nine animals
 per year for profit to the public. Such definition shall include  breed-
 ers of animals who sell or offer for sale animals directly to a consumer
 but  it  shall not include any RETAIL PET SHOP AS DEFINED IN SUBDIVISION
 EIGHT OF THIS SECTION, municipal pound or shelter established and  main-
 tained  pursuant  to  subdivision one of section one hundred fourteen of
 the agriculture and markets law, or any duly  incorporated  society  for
 the  prevention of cruelty to animals, duly incorporated humane society,
 duly incorporated animal protective association or other  duly  incorpo-
 rated  animal  adoption or animal rescue organization that is tax exempt
 pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
 sections of the federal Internal Revenue Code,  as  from  time  to  time
 amended, that is registered with the department pursuant to section four
 hundred  eight  of  the  agriculture  and  markets  law. For purposes of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00557-01-9

 A. 6299                             2
 
 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
 hundred fifty-three-c and seven hundred fifty-three-d of  this  article,
 "pet  dealer"  shall mean any person who engages in the sale or offering
 for  sale  of  more than nine animals per year for profit to the public.
 Such definition shall include breeders who sell animals;  but  it  shall
 not include the following:
   (D)  ANY  RETAIL  PET  SHOP  AS  DEFINED  IN SUBDIVISION EIGHT OF THIS
 SECTION.
   § 3. Section 752 of the general business law is amended  by  adding  a
 new subdivision 8 to read as follows:
   8.  "RETAIL  PET  SHOP"  MEANS  A FOR-PROFIT ESTABLISHMENT OPEN TO THE
 PUBLIC THAT SELLS OR OFFERS FOR SALE ANIMALS TO  BE  KEPT  AS  HOUSEHOLD
 PETS, PET FOOD OR SUPPLIES.
   § 4. The general business law is amended by adding a new section 753-f
 to read as follows:
   §  753-F.  PROHIBITION  ON SALE OF DOGS OR CATS BY RETAIL PET SHOPS. A
 RETAIL PET SHOP SHALL NOT SELL,  OFFER  TO  SELL,  BARTER,  AUCTION,  OR
 OTHERWISE  TRANSFER  OWNERSHIP  OF  ANY  DOG  OR CAT, PROVIDED THAT THIS
 SECTION SHALL NOT BE CONSTRUED  TO  PROHIBIT  A  RETAIL  PET  SHOP  FROM
 COLLABORATING  WITH  THE FOLLOWING ENTITIES TO PROVIDE SPACE TO SHOWCASE
 CATS OR DOGS OWNED BY THESE ENTITIES FOR THE PURPOSE  OF  ADOPTION:  ANY
 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY
 INCORPORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCI-
 ATION OR OTHER DULY INCORPORATED ANIMAL ADOPTION OR ANIMAL RESCUE ORGAN-
 IZATION  THAT  IS  EXEMPT  FROM  TAXES  PURSUANT  TO  PARAGRAPH  (3)  OF
 SUBSECTION (C) OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE  CODE,  26
 U.S.C.  501,  OR  ANY  SUBSEQUENT  CORRESPONDING SECTIONS OF THE FEDERAL
 INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED, THAT IS  REGISTERED
 WITH  THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED EIGHT OF THE AGRI-
 CULTURE AND MARKETS LAW.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.