S 3651: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 3651 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Section 753-f of the general business law is REPEALED. 2 § 2. Paragraph (d) of subdivision 3 and subdivision 8 of section 752 3 of the general business law are REPEALED. 4 § 3. The opening paragraph of subdivision 3 of section 752 of the 5 general business law, as amended by chapter 681 of the laws of 2022, is 6 amended to read as follows: 7 For purposes of section seven hundred fifty-three of this article, a 8 "pet dealer" shall mean any person who, in the ordinary course of busi- 9 ness, engages in the sale or offering for sale of more than nine animals 10 per year for profit to the public. Such definition shall include breed- 11 ers of animals who sell or offer for sale animals directly to a consumer 12 but it shall not include any [retail pet shop as defined in subdivision 13 eight of this section,] municipal pound or shelter established and main- 14 tained pursuant to subdivision one of section one hundred fourteen of 15 the agriculture and markets law, or any duly incorporated society for 16 the prevention of cruelty to animals, duly incorporated humane society, 17 duly incorporated animal protective association or other duly incorpo- 18 rated animal adoption or animal rescue organization that is tax exempt 19 pursuant to paragraph (3) of subsection (c) of section 501 of the feder- 20 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding 21 sections of the federal Internal Revenue Code, as from time to time 22 amended, that is registered with the department pursuant to section four 23 hundred eight of the agriculture and markets law. For purposes of 24 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 1 hundred fifty-three-c and seven hundred fifty-three-d of this article, 2 "pet dealer" shall mean any person who engages in the sale or offering 3 for sale of more than nine animals per year for profit to the public. 4 Such definition shall include breeders who sell animals; but it shall 5 not include the following: 6 § 4. The opening paragraph of subdivision 3 of section 752 of the 7 general business law, as separately amended by chapters 681 and 683 of 8 the laws of 2022, is amended to read as follows: 9 For purposes of section seven hundred fifty-three of this article, a 10 "pet dealer" shall mean any person who, in the ordinary course of busi- 11 ness, engages in the sale or offering for sale of more than nine animals 12 per year for profit to the public. Such definition shall include breed- 13 ers of animals who sell or offer for sale animals directly to a consumer 14 but it shall not include [any retail pet shop as defined in subdivision 15 eight of this section,] any municipal pound or shelter established and 16 maintained pursuant to subdivision one of section one hundred fourteen 17 of the agriculture and markets law and duly licensed as an animal shel- 18 ter pursuant to article twenty-six-C of the agriculture and markets law, 19 or any duly incorporated society for the prevention of cruelty to 20 animals, duly incorporated humane society, duly incorporated animal 21 protective association or other duly incorporated animal adoption or 22 animal rescue organization that is tax exempt pursuant to paragraph (3) 23 of subsection (c) of section 501 of the federal Internal Revenue Code, 24 26 U.S.C. 501, or any subsequent corresponding sections of the federal 25 Internal Revenue Code, as from time to time amended, that duly licensed 26 as an animal shelter pursuant to article twenty-six-C of the agriculture 27 and markets law. For purposes of sections seven hundred fifty-three-a, 28 seven hundred fifty-three-b, seven hundred fifty-three-c and seven 29 hundred fifty-three-d of this article, "pet dealer" shall mean any 30 person who engages in the sale or offering for sale of more than nine 31 animals per year for profit to the public. Such definition shall include 32 breeders who sell animals; but it shall not include the following: 33 § 5. Subdivision 48 of section 16 of the agriculture and markets law, 34 as amended by chapter 681 of the laws of 2022, is amended to read as 35 follows: 36 48. Make available in written and electronic medium, in a manner read- 37 ily accessible to police agencies and officers and district attorneys, 38 information about animal cruelty and protection laws in this chapter, 39 including, but not limited to, article twenty-six of this chapter [and 40 section seven hundred fifty-three-f of the general business law]. The 41 development of such information shall be coordinated with the division 42 of criminal justice services, including the municipal police training 43 council, in a manner designed to enhance training of municipal police 44 officers and to assist such officers and district attorneys in enforcing 45 and applying such laws. 46 § 6. Paragraph (d) of subdivision 4 of section 400 of the agriculture 47 and markets law is REPEALED. 48 § 7. Paragraph (g) of subdivision 4 of section 408 of the agriculture 49 and markets law is REPEALED. 50 § 8. Paragraphs (e) and (f) of subdivision 4 of section 408 of the 51 agriculture and markets law, as amended by chapter 681 of the laws of 52 2022, are amended to read as follows: 53 (e) The applicant or registrant is determined by the commissioner to 54 be in violation of section twenty-one hundred forty-one of the public 55 health law or any rule or regulation promulgated thereunder by the 56 commissioner of health; and 
 S. 3651 3 1 (f) The applicant or registrant, or an officer or director has been 2 responsible in whole or in part for any act on account of which an 3 application for registration may be denied or a registration cancelled 4 pursuant to the provisions of this article[; and]. 5 § 9. The agriculture and markets law is amended by adding a new 6 section 409 to read as follows: 7 § 409. Sale of dogs, cats, and rabbits by pet dealers located in this 8 state or sold online. 1. No pet dealer or breeder conducting business in 9 this state whether in person, or through an online platform including 10 the internet, and operating under the authority granted pursuant to this 11 article, or any other law duly enacted by the federal government, the 12 state or a political subdivision thereof, and which is subject to the 13 requirements imposed upon a pet dealer of such dogs, cats or rabbits by 14 this chapter, or any other provision of federal, state or local law, or 15 which is not subject to all or any part of any such laws because they 16 operate using an online platform shall sell or offer for sale, any dog, 17 cat or rabbit, unless they can demonstrate to the satisfaction of the 18 department, that: 19 (a) the breeder from which such dog, cat or rabbit has been secured 20 has adequately attended to the normally acceptable and recognized stand- 21 ards of care appertaining to the physical and behavioral welfare of the 22 source animals, including nutrition, veterinary care, genetics, housing, 23 handling, socialization, enrichment and exercise; 24 (b) such source animals and dogs, cats, and rabbits being offered for 25 sale have, as needed, been regularly treated by a licensed veterinarian 26 who is the sole purveyor and provider of any surgeries or physical 27 alterations performed, provided that during the life of the source 28 animal and the life of the dog, cat or rabbit, the breeder, and pet 29 dealer both do attest to having complied with a comprehensive plan for 30 preventative care and treatment where required, including genetic and 31 health screening, regular dental care and proper grooming; 32 (c) such source animals and such dogs, cats and rabbits, have been 33 subjected to an acceptable behavior wellness plan, both for preventative 34 and treatment purposes and provided with regular exercise, socializa- 35 tion, and enrichment opportunities; 36 (d) such source animals and such dogs, cats, and rabbits have been 37 adequately provided with safe, enriched, high-quality living spaces at 38 safe and secure locations where they are bred and raised, including 39 spaces with access to both indoor and outdoor locations, multiple floor- 40 ing surfaces, and climate and temperature controlled and regulated 41 facilities; 42 (e) such source animals currently or previously utilized by a breeder 43 have been raised in an environment where established limits and expecta- 44 tions for a normal and healthy life during, and going beyond breeding 45 spans, are conducted consistent with a plan demonstrating consistent 46 concern for the humane treatment of all animals, including animals with 47 which they come into contact, including the expectation, and proof that 48 they will not be sold, given or subjected to a facility which will 49 utilize such source animal solely for research purposes or will be 50 raised in a lifestyle that is inconsistent with the expectations 51 provided for in this article; and 52 (f) breeders shall participate in and can offer proof they have previ- 53 ously participated in and successfully completed regularly scheduled and 54 required courses in continuing education on the care and welfare of 55 animals, including dogs, cats, and rabbits, as established and may be 56 required by law, and otherwise be compliant with any other acceptable 
 S. 3651 4 1 standards of care which can reasonably be expected of a breeder of dogs, 2 cats and rabbits which shall be offered for sale by a pet dealer. 3 2. The department and any local department empowered by local law to 4 enforce provisions of law, rule, or regulation adopted, and entrusted 5 with the jurisdictional directives pertaining to the operations of a pet 6 dealer or breeder doing business in the state or such political subdivi- 7 sion thereof, shall be charged with the duty of enforcing compliance 8 with the provisions of this section. 9 § 10. This act shall take effect immediately; provided, however, 10 section nine of this act shall take effect one year after this act shall 11 have become a law; provided, further, however, that the amendments to 12 the general business law made by section four of this act shall take 13 effect on the same date and in the same manner as chapter 683 of the 14 laws of 2022, takes effect; and provided, further, that the amendments 15 to subdivision 4 of section 408 of the agriculture and markets law made 16 by section eight of this act shall not affect the repeal of such section 17 and shall be deemed repealed therewith. Effective immediately, the addi- 18 tion, amendment and/or repeal of any rule or regulation necessary for 19 the implementation of this act on its effective date are authorized to 20 be made and completed on or before such effective date.