What's happening
This bill lowers the threshold for breeders to be considered "pet dealers" from selling 25 to 15 animals per year.
Why it matters
Expands regulation to smaller breeders. By lowering the threshold from 25 to 15 animals, more small-scale breeders will be classified as "pet dealers" and subject to state oversight, potentially raising standards of animal welfare.
Increases accountability and transparency. More breeders will need to comply with licensing, inspection, and consumer protection requirements, helping to prevent irresponsible breeding practices and protect buyers.
May affect small business operations. Smaller breeders who previously fell below the regulatory radar will now face additional administrative and compliance costs, which could impact their business models or discourage casual breeding.
Could improve animal welfare outcomes. Enhanced regulation is likely to ensure better living conditions and health standards for animals sold to the public, addressing concerns about puppy mills and irresponsible breeding.
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Who cares
Headline styles
Tighten Pet Dealer Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5556a
- Amend and recommit to agriculture
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Pet Dealer Rules
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5556--A
2017-2018 Regular Sessions
IN SENATE
April 12, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law and the general business law, in relation to the definition of pet dealer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 400 of the agriculture and markets law, as amended by chapter 168 of the laws of 2017, is amended to read as follows:
4. "Pet Dealer" means 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 or offer to sell animals; provided that it shall not include the following:
(a) Any breeder who sells or offers to sell directly to the consumer fewer than [twenty-five] fifteen animals per year that are born and raised on the breeder's residential premises;
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01078-02-8
S. 5556--A 2
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.
§ 2. Subdivision 3 of section 752 of the general business law, as amended by chapter 168 of the laws of 2017, is amended to read as follows:
3. For purposes of section seven hundred fifty-three of this article, a "pet dealer" shall mean any person who, in the ordinary course of business, 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 of animals who sell or offer for sale animals directly to a consumer but it shall not include any municipal pound or shelter established and maintained 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 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 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 fiftythree-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:
(a) Any breeder who sells or offers to sell directly to the consumer fewer than [twenty-five] fifteen animals per year that are born and raised on the breeders residential premises.
(b) Any municipal pound or shelter established and maintained pursuant to subdivision one of section one hundred fourteen of the agriculture and markets law.
(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 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 the agriculture and markets law.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law and the general business law, in relation to the definition of pet dealer
Purpose or general idea of bill
Amends the definition of "pet dealer."
Summary of specific provisions
Section one amends subdivision 4 of section 400 of the agriculture and markets law by reducing the number of animals per year that are born, raised and subsequently sold or offered for sale on a breeder's residen- tial premises from twenty-five to fifteen for the breeder to be consid- ered a pet dealer.
Section two amends subdivision 3 of section 752 of the general business law to reflect the same change from section one of the bill.
Section three provides the effective date.
Justification
Currently, many breeders and sellers of animals who operate without proper oversight do not follow humane practices. The conditions in which many animals exist are very poor and lead to health problems for the animals. This legislation expands the definition of "pet dealer" to include breeders and sellers of animals who are not currently considered pet dealers in order to allow for oversight by the department of agri- culture and markets. This will help to ensure that animals bred and sold in New York are treated humanely and consumers receive companion animals that are healthy.
Prior legislative history
S.7510 of 2010, referred to Agriculture.
Fiscal implication
None
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.