S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8118
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retail  pet shops to provide information to the department of agricul-
   ture and markets relating to where the shop received each  animal  and
   how much the shop paid for each animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 753-f of the general business law, as  added  by  a
 chapter  of  the  laws of 2021, amending the agriculture and markets law
 and the general business law relating to the  sale  of  dogs,  cats  and
 rabbits,  as  proposed in legislative bills numbers S. 1130 and A. 4283,
 is amended to read as follows:
   § 753-f. Sale of dogs, cats and rabbits prohibited. A retail pet  shop
 as  defined in this article shall not sell, lease, offer to lease, offer
 to sell, barter, auction, or otherwise transfer ownership  of  any  dog,
 cat  or  rabbit;  PROVIDED,  HOWEVER,  THAT  A  RETAIL  PET SHOP THAT IS
 LICENSED PURSUANT TO SECTION FOUR HUNDRED THREE OF THE  AGRICULTURE  AND
 MARKETS  LAW  MAY  SELL,  LEASE,  OFFER TO LEASE, OFFER TO SELL, BARTER,
 AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF ANY DOG, CAT OR RABBIT  WHEN
 SUCH  SHOP  PROVIDES  INFORMATION  ON WHERE THE RETAIL PET SHOP RECEIVED
 EACH ANIMAL AND HOW MUCH MONEY SUCH SHOP PAID  TO  OBTAIN  EACH  ANIMAL.
 SUCH  INFORMATION SHALL BE PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND
 MARKETS UPON APPLICATION FOR A LICENSE OR A RENEWAL  LICENSE  AS  A  PET
 DEALER  PURSUANT  TO  SECTION  FOUR HUNDRED THREE OF THE AGRICULTURE AND
 MARKETS LAW.  This section shall not be construed to prohibit  a  retail
 pet shop from collaborating with the following entities to provide space
 to  showcase  dogs,  cats  or  rabbits  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 association or other duly incorporated animal adoption
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11709-01-1

 A. 8118                             2
 
 or  animal  rescue  organization  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  agriculture  and  markets  law  that is not affiliated with, or
 housed on the premises of a breeder or broker that does not obtain dogs,
 cats or rabbits from a breeder or broker  in  exchange  for  payment  or
 compensation,  and does not resell dogs, cats or rabbits obtained from a
 breeder or broker or provide payment or compensation to such breeder  or
 broker.
   §  2.  This act shall take effect immediately; provided, however, that
 if a chapter of the laws of 2021, amending the agriculture  and  markets
 law  and the general business law relating to the sale of dogs, cats and
 rabbits, as proposed in legislative bills numbers S. 1130 and  A.  4283,
 shall  not have taken effect on or before such date, then this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2021, takes effect.