The  People of the State of New York, represented in Senate and Assembly, do enact as follows:

 

Section 1. Subdivision 48 of section 16 of the agriculture and markets

law, as added by chapter 384 of the laws of 2015, is amended to read  as

follows:

  1. 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.

  • 2. Paragraphs (b) and (c) of subdivision 4 of section  400  of  the

agriculture  and  markets  law,  as  added by chapter 168 of the laws of

2017, are amended and a new paragraph (d) is added to read as follows:

(b) Any municipal pound or shelter dedicated to the care  of  unwanted

animals which makes such animals available for adoption whether or not a

fee for such adoption is charged, established and maintained pursuant to

subdivision one of section one hundred fourteen of this chapter;[ and]

(c)  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 dedicated to the  care  of  unwanted  animals

which makes such animals available for adoption whether or not a fee for

such adoption is charged 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

this article[.]; and

(d) Any retail pet shop as defined in  subdivision  eight  of  section

seven hundred fifty-two of the general business law.

  • 3.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the

agriculture and markets law, as added by chapter  168  of  the  laws  of

2017, are amended and a new paragraph (g) is added 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;

(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

(g) The applicant or registrant was previously licensed as a pet dealer pursuant to this article.

  • 4.  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

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.

  • 5. Section 752 of the general business law is amended by  adding  a

new subdivision 8 to read as follows:

  1. “Retail pet shop” means any for-profit place of business that sells

or  offers  for  sale  animals to be kept as household pets, pet food or

supplies, but shall not include breeders  who  sell  or  offer  to  sell

directly  to  the  consumer  animals  that  are  born  and raised on the

breeder’s residential premises.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 753-f of the general business law, as added by a chapter of laws of 2022 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. 1. 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.  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 such 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

or  animal  rescue  organization  that:

(a) 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;

(b) is registered with the department pursuant to section four hundred eight of the agriculture and markets law;

(c) 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

(d) does not resell dogs, cats or rabbits obtained from breeder  or broker or provide payment or compensation to such breeder or broker.

 

  1. This section shall no prohibit a retail pet shop from receiving a reasonable rental fee for space to showcase dogs, cats or rabbits for adoption at such retail pet shop.
  • 7. This act shall take effect two years after it shall have become a

law.

  • 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2022 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, takes effect.