Sponsor:
Law Section: Agriculture and Markets Law
A1377 Summary
Relates to the definition of pet dealer; in addition to the sale, includes the offering for sale of more than nine animals per year for profit to the public or to any broker, wholesaler, medical facility or pet dealer; requires pet dealers who offer animals for sale to the public, brokers, wholesalers and medical facilities to be licensed.
A1377 Actions
A1377 - referred to agriculture - Jan 7, 2009
A1377 Memo
Not Available.
A1377 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
1377
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PAULIN, MARKEY, CUSICK, DINOWITZ, GLICK, GOTT-
FRIED, KOON, LATIMER, PHEFFER, ROSENTHAL, BALL, SPANO -- Multi-Spon-
sored by -- M. of A. BING, BRADLEY, COLTON, COOK, EDDINGTON, GALEF,
MAYERSOHN, J. RIVERA, SWEENEY, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, the general business
law and the general municipal law, in relation to the definition of
pet dealer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 400 of the agriculture and markets
2 law, as amended by chapter 687 of the laws of 2006, is amended to read
3 as follows:
4 4. "Pet Dealer" means any person who engages in the sale or offering
5 for sale of more than nine animals per year for profit to the public OR
6 TO ANY BROKER, WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET
7 DEALER LICENSED PURSUANT TO THIS ARTICLE. Such definition shall include
8 breeders who sell or offer to sell animals; provided that a breeder who
9 sells or offers to sell directly to the consumer OR TO ANY BROKER,
10 WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED
11 PURSUANT TO THIS ARTICLE fewer than twenty-five animals per year that
12 are born and raised on the breeder's residential premises shall not be
13 considered a pet dealer as a result of selling or offering to sell such
14 animals. Such definition shall further not include duly incorporated
15 humane societies dedicated to the care of unwanted animals which make
16 such animals available for adoption whether or not a fee for such
17 adoption is charged.
18 S 2. Subdivision 3 of section 752 of the general business law, as
19 amended by chapter 687 of the laws of 2006, is amended to read as
20 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03867-01-9
A. 1377 2
1 3. For purposes of section seven hundred fifty-three of this article,
2 a "pet dealer" shall mean any person who, in the ordinary course of
3 business, engages in the sale or offering for sale of more than nine
4 animals per year for profit to the public. Such definition shall include
5 breeders of animals who sell or offer for sale animals directly to a
6 consumer but it shall not include duly incorporated humane societies
7 dedicated to the care of unwanted animals which make such animals avail-
8 able for adoption whether or not a fee for such adoption is charged. For
9 purposes of sections seven hundred fifty-three-a, seven hundred fifty-
10 three-b, seven hundred fifty-three-c, seven hundred fifty-three-d and
11 seven hundred fifty-three-e of this article, "pet dealer" shall mean any
12 person who engages in the sale or offering for sale of more than nine
13 animals per year for profit to the public OR TO ANY BROKER, WHOLESALE
14 DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED PURSUANT TO
15 ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW. Such defi-
16 nition shall include breeders who sell animals; provided that a breeder
17 who sells or offers to sell directly to the consumer OR TO ANY BROKER,
18 WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED
19 PURSUANT TO ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW
20 fewer than twenty-five animals per year that are born and raised on the
21 breeders residential premises shall not be considered a pet dealer as a
22 result of selling or offering to sell such animals. Such definition
23 shall not include duly incorporated humane societies dedicated to the
24 care of unwanted animals which make such animals available for adoption
25 whether or not a fee for such adoption is charged.
26 S 3. Subdivision 4 of section 209-cc of the general municipal law, as
27 separately amended by chapters 289 and 538 of the laws of 2005, is
28 amended to read as follows:
29 4. Except for pet dealers as defined in section seven hundred [fifty-
30 two-a] FIFTY-TWO of the general business law WHO SELL OR OFFER ANIMALS
31 FOR SALE PURSUANT TO SECTIONS SEVEN HUNDRED FIFTY-THREE-A, SEVEN HUNDRED
32 FIFTY-THREE-B, SEVEN HUNDRED FIFTY-THREE-C, SEVEN HUNDRED FIFTY-THREE-D
33 AND SEVEN HUNDRED FIFTY-THREE-E OF THE GENERAL BUSINESS LAW and zoologi-
34 cal facilities and other exhibitors licensed pursuant to title 7 U.S.C.
35 sections 2133 and 2134, and in the case of dangerous dogs except for
36 licensed veterinarians in temporary possession of such dogs, every
37 person owning, possessing, or harboring a wild animal or a dangerous dog
38 within this state shall report the presence thereof to the clerk of the
39 city, town, or village in which such wild animal or dangerous dog is
40 owned, possessed, or harbored. Such report shall be filed annually on a
41 date to be determined by the state fire administrator in the manner
42 prescribed by the state fire administrator. A separate report shall be
43 filed for each street address at which any such wild animal or dangerous
44 dog may be found.
45 S 4. This act shall take effect April 1, 2011.