A 8653: Relates to pet breeders; changes the term "pet dealer" to "pet breeder"; amends the definition of pet breeders; repeals certain provisions of law related thereto.

  
  STATE OF NEW YORK ________________________________________________________________________ 8653 2025-2026 Regular Sessions  IN ASSEMBLY May 22, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Agriculture AN ACT to amend the general business law and the agriculture and markets law, in relation to pet dealers; and to repeal certain provisions of the general business law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 752 of the general business law is 2 REPEALED and a new subdivision 3 is added to read as follows: 3 3. "Pet dealer" means any person who breeds animals and sells or 4 offers to sell more than nine animals that are born and raised on such a 5 person's residential premises directly to a consumer, provided that it 6 shall not include the following: 7 (a) Any municipal pound or shelter dedicated to the care of unwanted 8 animals which make such animals available for adoption whether or not a 9 fee for such adoption is charged, established and maintained pursuant to 10 subdivision one of section one hundred fourteen of the agriculture and 11 markets law, and that is duly licensed as an animal shelter pursuant to 12 article twenty-six-C of the agriculture and markets law. 13 (b) Any duly incorporated society for the prevention of cruelty to 14 animals, duly incorporated humane society, duly incorporated animal 15 protective association or other duly incorporated animal adoption or 16 animal rescue organization dedicated to the care of unwanted animals 17 which makes such animals available for adoption whether or not a fee for 18 such adoption is charged that is exempt from taxes pursuant to paragraph 19 (3) of subsection (c) of section 501 of the federal Internal Revenue 20 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the the 21 federal Internal Revenue Code, as from time to time amended, that is 22 duly licensed as an animal shelter pursuant to article twenty-six-C of 23 the agriculture and markets law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13058-01-5 
 A. 8653 2 1 (c) Any public authority providing shelter services for the care of 2 unwanted animals; and 3 (d) Any retail pet shop as defined in subdivision eight of this 4 section. 5 § 2. Subdivision 8 of section 752 of the general business law, as 6 added by chapter 681 of the laws of 2022, is amended to read as follows: 7 8. "Retail pet shop" means any for-profit place of business that sells 8 or offers for sale animals to be kept as household pets, [pet food or 9 supplies,] but shall not include breeders who sell or offer to sell 10 directly to the consumer animals that are born and raised on the 11 breeder's residential premises. 12 § 3. Section 752 of the general business law is amended by adding a 13 new subdivision 9 to read as follows: 14 9. "Broker" means any person or business that sells or arranges, nego- 15 tiates or processes the sale of dogs, cats or rabbits bred by another or 16 that facilitates the transfer of dogs, cats or rabbits bred by another. 17 § 4. Subdivision 1 of section 753-f of the general business law, as 18 amended by chapter 35 of the laws of 2023, is amended to read as 19 follows: 20 1. A retail pet shop or broker as defined in this article shall not 21 sell, lease, offer to lease, offer to sell, barter, auction, or other- 22 wise transfer ownership of any dog, cat or rabbit. This section shall 23 not be construed to prohibit a retail pet shop from collaborating with 24 the following entities to provide space to showcase dogs, cats or 25 rabbits owned by such entities for the purpose of adoption; any duly 26 incorporated society for the prevention of cruelty to animals, duly 27 incorporated humane society, duly incorporated animal protective associ- 28 ation or other duly incorporated animal adoption or animal rescue organ- 29 ization that: 30 (a) is exempt from taxes pursuant to paragraph (3) of subsection (c) 31 of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or 32 any subsequent corresponding sections of the federal Internal Revenue 33 Code, as from time to time amended; 34 (b) is registered with the department pursuant to [section four 35 hundred eight] article twenty-six-C of the agriculture and markets law; 36 (c) is not affiliated with, or housed on the premises of a breeder or 37 broker that does not obtain dogs, cats or rabbits from a breeder or 38 broker in exchange for payment or compensation; and 39 (d) does not resell dogs, cats or rabbits obtained from a breeder or 40 broker or provide payment or compensation to such breeder or broker. 41 § 5. Subdivision 4 of section 400 of the agriculture and markets law, 42 as amended by chapter 553 of the laws of 2022, paragraphs (b) and (c) as 43 separately amended by chapters 681 and 683 of the laws of 2022, para- 44 graph (d) as amended and paragraph (e) as relettered by chapter 496 of 45 the laws of 2024, and paragraph (e) as added by chapter 681 of the laws 46 of 2022, is amended to read as follows: 47 4. "Pet Dealer" means any person who [engages in the sale or offering 48 for sale of more than nine animals per year for profit to the public. 49 Such definition shall include breeders who sell or offer] breeds animals 50 and sells or offers to sell more than nine animals that are born and 51 raised on such a person's residential premises directly to a consumer; 52 provided that it shall not include the following: 53 (a) [Any breeder who sells or offers to sell directly to the consumer 54 fewer than twenty-five animals per year that are born and raised on the 55 breeder's residential premises; 
 A. 8653 3 1 (b)] Any municipal pound or shelter dedicated to the care of unwanted 2 animals which makes such animals available for adoption whether or not a 3 fee for such adoption is charged, established and maintained pursuant to 4 subdivision one of section one hundred fourteen of this chapter, and 5 that is duly licensed as an animal shelter pursuant to article twenty- 6 six-C of this chapter; 7 [(c)] (b) Any duly incorporated society for the prevention of cruelty 8 to animals, duly incorporated humane society, duly incorporated animal 9 protective association or other duly incorporated animal adoption or 10 animal rescue organization dedicated to the care of unwanted animals 11 which makes such animals available for adoption whether or not a fee for 12 such adoption is charged that is exempt from taxes pursuant to paragraph 13 (3) of subsection (c) of section 501 of the federal Internal Revenue 14 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the 15 federal Internal Revenue Code, as from time to time amended, that is 16 duly licensed as an animal shelter pursuant to article twenty-six-C of 17 this chapter; and 18 [(d)] (c) Any public authority providing shelter services for the care 19 of unwanted animals. 20 [(e)] (d) Any retail pet shop as defined in subdivision eight of 21 section seven hundred fifty-two of the general business law. 22 § 6. This act shall take effect on the same date and in the same 23 manner as chapter 683 of the laws of 2022, takes effect.