NY State Senate Bill 2025-S3651

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2025	referred to consumer protection

2025-S3651 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Rpld §753-f, §752 sub 8, sub 3 ¶(d), amd §752, Gen Bus L; amd §§16 & 408, rpld §400 sub 4 ¶(d), §408 sub 4 ¶(g), add §409, Ag & Mkts L 2022
Versions Introduced in 2023-2024 Legislative Session:: S7595

2025-S3651 (ACTIVE) - Summary

Relates to the sale of dogs, cats and rabbits by pet dealers in the state and those that sell such animals through an online platform.

2025-S3651 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3651

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the general business law and the agriculture and markets
law, in relation to the sale of dogs, cats, and rabbits by pet dealers;
and to repeal certain provisions of such laws relating thereto

 
PURPOSE:

Relates to the sale of dogs, cats and rabbits by pet dealers; repealer

 
SUMMARY OF PROVISIONS:

Section One repeals Section 753-f of the general business law.

Section 2 repeals paragraph (d) of subdivision 3 and subdivision 8 of

Section 752 of the general business law.

Sections 3 & 4 amend subdivision 3 of Section 752 of the general busi-

ness law.

Section 5 amends subdivision 48 of section 16 of the agriculture and
markets law.

Section 6 repeals paragraph (d) of subdivision 4 of Section 400 of the
agriculture and markets law.

Section 7 repeals paragraph (g) of subdivision 4 of section 408 of the
agriculture and markets law.

Section 8 amends paragraphs (e) and (f) of subdivision 4 of section 408
of the agriculture and markets law.

Section 9 adds a new section 409 to the agricultural and markets law.

Section 10 provides the effective date.

 
JUSTIFICATION:

The proposed bill seeks to amend the agriculture and markets law by
adding new provisions that increase regulation of the sale of dogs,
cats, and rabbits by pet dealers in the state. The bill improves upon
the recently enacted pet dealer law changes of 2022 to enhance and make
more effective the new law's implementation. It will help mitigate and
eliminate some negative unintended consequences that are occurring as a
result of certain provisions of the new law.  The bill requires pet
dealers to demonstrate that source breeders have adequately attended to
the physical and behavioral welfare of the source animals; that they
have provided necessary veterinary care; conducted regular genetic and
health screenings; and, have provided appropriate living spaces.

The bill also mandates that breeders complete regularly scheduled cours-
es on the care and welfare of animals. The bill empowers the department
of agriculture and markets and any local department to enforce compli-
ance with these provisions, and the department is required to adopt
sufficient regulations to administer them.  This bill is necessary to
protect the welfare of dogs, cats, and rabbits, ensuring they are raised
and sold in humane and safe conditions, while also promoting responsible
breeding practices.

 
LEGISLATIVE HISTORY:

2024: 57595 - Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section ten
of this act shall take effect one year after this act shall take effect;
provided, further, however, that the amendments to the general business
law made by section four of this act shall take effect on the same date
and in the same manner as chapter 683 of the laws of 2022, takes effect;
and provided, further, that the amendments to subdivision 4 of section
408 of the agriculture and markets law made by section eight of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.  Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.

2025-S3651 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3651
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law and the agriculture and markets
   law, in relation to the sale of dogs, cats, and rabbits by  pet  deal-
   ers; and to repeal certain provisions of such laws relating thereto

   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 is REPEALED.
   § 2. Paragraph (d) of subdivision 3 and subdivision 8 of  section  752
 of the general business law are REPEALED.
   §  3.  The  opening  paragraph  of subdivision 3 of section 752 of the
 general business law, as amended by chapter 681 of the laws of 2022,  is
 amended 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
 sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07559-01-5

 S. 3651                             2
 
 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:
   § 4. The opening paragraph of subdivision 3  of  section  752  of  the
 general  business  law, as separately amended by chapters 681 and 683 of
 the laws of 2022, is amended 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,] any municipal pound or shelter  established  and
 maintained  pursuant  to subdivision one of section one hundred fourteen
 of the agriculture and markets law and duly licensed as an animal  shel-
 ter pursuant to article twenty-six-C 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 incorporated animal adoption or
 animal rescue organization that is tax exempt 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 duly licensed
 as an animal shelter pursuant to article twenty-six-C of the agriculture
 and markets law. For purposes of 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:
   § 5. Subdivision 48 of section 16 of the agriculture and markets  law,
 as  amended  by  chapter  681 of the laws of 2022, is amended to read as
 follows:
   48. Make available in written and electronic medium, in a manner read-
 ily accessible to police agencies and officers and  district  attorneys,
 information  about  animal  cruelty and protection laws in this chapter,
 including, but not limited to, article twenty-six of this  chapter  [and
 section  seven  hundred  fifty-three-f of the general business law]. The
 development of such information shall be coordinated with  the  division
 of  criminal  justice  services, including the municipal police training
 council, in a manner designed to enhance training  of  municipal  police
 officers and to assist such officers and district attorneys in enforcing
 and applying such laws.
   §  6. Paragraph (d) of subdivision 4 of section 400 of the agriculture
 and markets law is REPEALED.
   § 7. Paragraph (g) of subdivision 4 of section 408 of the  agriculture
 and markets law is REPEALED.
   §  8.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the
 agriculture and markets law, as amended by chapter 681 of  the  laws  of
 2022, are amended to read as follows:
   (e)  The  applicant or registrant is determined by the commissioner to
 be in violation of section twenty-one hundred forty-one  of  the  public
 health  law  or  any  rule  or  regulation promulgated thereunder by the
 commissioner of health; AND
 S. 3651                             3

   (f) The applicant or registrant, or an officer or  director  has  been
 responsible  in  whole  or  in  part  for any act on account of which an
 application for registration may be denied or a  registration  cancelled
 pursuant to the provisions of this article[; and].
   §  9.  The  agriculture  and  markets  law  is amended by adding a new
 section 409 to read as follows:
   § 409. SALE OF DOGS, CATS, AND RABBITS BY PET DEALERS LOCATED IN  THIS
 STATE OR SOLD ONLINE. 1. NO PET DEALER OR BREEDER CONDUCTING BUSINESS IN
 THIS  STATE  WHETHER  IN PERSON, OR THROUGH AN ONLINE PLATFORM INCLUDING
 THE INTERNET, AND OPERATING UNDER THE AUTHORITY GRANTED PURSUANT TO THIS
 ARTICLE, OR ANY OTHER LAW DULY ENACTED BY THE  FEDERAL  GOVERNMENT,  THE
 STATE  OR  A  POLITICAL SUBDIVISION THEREOF, AND WHICH IS SUBJECT TO THE
 REQUIREMENTS IMPOSED UPON A PET DEALER OF SUCH DOGS, CATS OR RABBITS  BY
 THIS  CHAPTER, OR ANY OTHER PROVISION OF FEDERAL, STATE OR LOCAL LAW, OR
 WHICH IS NOT SUBJECT TO ALL OR ANY PART OF ANY SUCH  LAWS  BECAUSE  THEY
 OPERATE  USING AN ONLINE PLATFORM SHALL SELL OR OFFER FOR SALE, ANY DOG,
 CAT OR RABBIT, UNLESS THEY CAN DEMONSTRATE TO THE  SATISFACTION  OF  THE
 DEPARTMENT, THAT:
   (A)  THE  BREEDER  FROM WHICH SUCH DOG, CAT OR RABBIT HAS BEEN SECURED
 HAS ADEQUATELY ATTENDED TO THE NORMALLY ACCEPTABLE AND RECOGNIZED STAND-
 ARDS OF CARE APPERTAINING TO THE PHYSICAL AND BEHAVIORAL WELFARE OF  THE
 SOURCE ANIMALS, INCLUDING NUTRITION, VETERINARY CARE, GENETICS, HOUSING,
 HANDLING, SOCIALIZATION, ENRICHMENT AND EXERCISE;
   (B)  SUCH SOURCE ANIMALS AND DOGS, CATS, AND RABBITS BEING OFFERED FOR
 SALE HAVE, AS NEEDED, BEEN REGULARLY TREATED BY A LICENSED  VETERINARIAN
 WHO  IS  THE  SOLE  PURVEYOR  AND  PROVIDER OF ANY SURGERIES OR PHYSICAL
 ALTERATIONS PERFORMED, PROVIDED THAT  DURING  THE  LIFE  OF  THE  SOURCE
 ANIMAL  AND  THE  LIFE  OF  THE DOG, CAT OR RABBIT, THE BREEDER, AND PET
 DEALER BOTH DO ATTEST TO HAVING COMPLIED WITH A COMPREHENSIVE  PLAN  FOR
 PREVENTATIVE  CARE  AND  TREATMENT WHERE REQUIRED, INCLUDING GENETIC AND
 HEALTH SCREENING, REGULAR DENTAL CARE AND PROPER GROOMING;
   (C) SUCH SOURCE ANIMALS AND SUCH DOGS, CATS  AND  RABBITS,  HAVE  BEEN
 SUBJECTED TO AN ACCEPTABLE BEHAVIOR WELLNESS PLAN, BOTH FOR PREVENTATIVE
 AND  TREATMENT  PURPOSES  AND PROVIDED WITH REGULAR EXERCISE, SOCIALIZA-
 TION, AND ENRICHMENT OPPORTUNITIES;
   (D) SUCH SOURCE ANIMALS AND SUCH DOGS, CATS,  AND  RABBITS  HAVE  BEEN
 ADEQUATELY  PROVIDED  WITH SAFE, ENRICHED, HIGH-QUALITY LIVING SPACES AT
 SAFE AND SECURE LOCATIONS WHERE THEY  ARE  BRED  AND  RAISED,  INCLUDING
 SPACES WITH ACCESS TO BOTH INDOOR AND OUTDOOR LOCATIONS, MULTIPLE FLOOR-
 ING  SURFACES,  AND  CLIMATE  AND  TEMPERATURE  CONTROLLED AND REGULATED
 FACILITIES;
   (E) SUCH SOURCE ANIMALS CURRENTLY OR PREVIOUSLY UTILIZED BY A  BREEDER
 HAVE BEEN RAISED IN AN ENVIRONMENT WHERE ESTABLISHED LIMITS AND EXPECTA-
 TIONS  FOR  A  NORMAL AND HEALTHY LIFE DURING, AND GOING BEYOND BREEDING
 SPANS, ARE CONDUCTED CONSISTENT WITH  A  PLAN  DEMONSTRATING  CONSISTENT
 CONCERN  FOR THE HUMANE TREATMENT OF ALL ANIMALS, INCLUDING ANIMALS WITH
 WHICH THEY COME INTO CONTACT, INCLUDING THE EXPECTATION, AND PROOF  THAT
 THEY  WILL  NOT  BE  SOLD,  GIVEN  OR SUBJECTED TO A FACILITY WHICH WILL
 UTILIZE SUCH SOURCE ANIMAL SOLELY  FOR  RESEARCH  PURPOSES  OR  WILL  BE
 RAISED  IN  A  LIFESTYLE  THAT  IS  INCONSISTENT  WITH  THE EXPECTATIONS
 PROVIDED FOR IN THIS ARTICLE; AND
   (F) BREEDERS SHALL PARTICIPATE IN AND CAN OFFER PROOF THEY HAVE PREVI-
 OUSLY PARTICIPATED IN AND SUCCESSFULLY COMPLETED REGULARLY SCHEDULED AND
 REQUIRED COURSES IN CONTINUING EDUCATION ON  THE  CARE  AND  WELFARE  OF
 ANIMALS,  INCLUDING  DOGS,  CATS, AND RABBITS, AS ESTABLISHED AND MAY BE
 REQUIRED BY LAW, AND OTHERWISE BE COMPLIANT WITH  ANY  OTHER  ACCEPTABLE
 S. 3651                             4
 
 STANDARDS OF CARE WHICH CAN REASONABLY BE EXPECTED OF A BREEDER OF DOGS,
 CATS AND RABBITS WHICH SHALL BE OFFERED FOR SALE BY A PET DEALER.
   2.  THE  DEPARTMENT AND ANY LOCAL DEPARTMENT EMPOWERED BY LOCAL LAW TO
 ENFORCE PROVISIONS OF LAW, RULE, OR REGULATION  ADOPTED,  AND  ENTRUSTED
 WITH THE JURISDICTIONAL DIRECTIVES PERTAINING TO THE OPERATIONS OF A PET
 DEALER OR BREEDER DOING BUSINESS IN THE STATE OR SUCH POLITICAL SUBDIVI-
 SION  THEREOF,  SHALL  BE  CHARGED WITH THE DUTY OF ENFORCING COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 10. This act  shall  take  effect  immediately;  provided,  however,
 section nine of this act shall take effect one year after this act shall
 have  become  a  law; provided, further, however, that the amendments to
 the general business law made by section four of  this  act  shall  take
 effect  on  the  same  date and in the same manner as chapter 683 of the
 laws of 2022, takes effect; and provided, further, that  the  amendments
 to  subdivision 4 of section 408 of the agriculture and markets law made
 by section eight of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.

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Senate Bill S3651

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

2025-S3651 (ACTIVE) - Details

2025-S3651 (ACTIVE) - Summary

2025-S3651 (ACTIVE) - Sponsor Memo

2025-S3651 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3651

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Sponsored By

Dean Murray

Current Bill Status - In Senate Committee Consumer Protection Committee

2025-S3651 (ACTIVE) - Details

2025-S3651 (ACTIVE) - Summary

2025-S3651 (ACTIVE) - Sponsor Memo

2025-S3651 (ACTIVE) - Bill Text download pdf

Comments