What's happening
This bill exempts certain breeders, municipal shelters, and registered nonprofit animal organizations from the legal definition of "pet dealer."
Why it matters
Shifts regulatory oversight. By exempting certain breeders, municipal shelters, and registered nonprofit organizations from the "pet dealer" definition, the bill removes these groups from regulations and requirements meant for commercial pet sellers, which could mean fewer compliance burdens for nonprofits and shelters.
Requires registration and accountability. Exempted nonprofits must register annually with the state, pay a fee, and provide detailed organizational and operational information (including incorporation status, animal numbers, and adoption practices), increasing transparency and record-keeping for these groups.
Imposes standards and enforcement mechanisms. The bill gives the agriculture commissioner authority to deny or revoke exemptions if organizations provide false information, violate animal welfare laws, or have directors convicted of animal cruelty, aiming to prevent bad actors from abusing the exemption.
Could affect animal adoption landscape. By distinguishing between for-profit dealers and legitimate rescue/adoption entities, the law may make it easier for reputable shelters and rescues to operate and grow, while still allowing the state to monitor and sanction organizations that fail to meet standards.
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Who cares
Headline styles
Exempt Animal Shelters from Dealer Law
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
1 Co-sponsor
History
- Signed chap.168
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.396
- Substituted for A7195
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.941
Show 1 earlier action
- 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.
Exempt Shelters From Pet Dealer Laws
Assembly Floor Calendar · Sponsor Kenneth Zebrowski
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5599
2017-2018 Regular Sessions
IN SENATE
April 19, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general business law, in relation to exempting certain entities from 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 687 of the laws of 2006, 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 [a] it shall not include the following:
(a) Any breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises [shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall further not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.];
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10584-02-7
S. 5599 2
(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.
§ 2. The agriculture and markets law is amended by adding a new section 408 to read as follows:
§ 408. Exemption of certain entities from the definition of pet dealer; registration required. 1. Any person eligible for exemption from the definition of pet dealer pursuant to paragraph (c) of subdivision four of section four hundred of this article shall be registered by the department pursuant to the provisions of this section. Such registration shall be renewable annually and be accompanied by a fee of one hundred dollars.
2. Application for registration as set forth in this section shall be made annually to the commissioner on a form prescribed by the commissioner. The applicant shall satisfy the commissioner of his or her character and responsibility and shall set forth such information as the commissioner shall require, including but not limited to the following:
(a) Proof of the applicant's tax exempt designation 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) Proof of the applicant's incorporation as a not-for-profit organization in this state pursuant to the not-for-profit corporation law, provided further that such organization is in good standing with the attorney general and the department of state;
(c) Proof of the applicant's registration with the attorney general pursuant to article seven-A of the executive law;
(d) The name of the applicant and the name or names under which the applicant offers its services to the public, any name under which the applicant has offered its services to the public during the past five years, and whether the applicant has ever held a license issued pursuant to this article;
(e) The address and telephone number of the applicant and for any other premise owned or leased by such applicant's organization to carry out the purposes for which it was incorporated and by which it may be eligible for a licensing exemption pursuant to this section;
(f) The website and email address of the applicant;
(g) The number of animals taken in, adopted, placed into permanent or temporary homes, or otherwise transferred into, out of, or within the state by the applicant during the prior calendar year;
(h) The number of animals currently harbored by the applicant;
(i) The species of animal the applicant typically harbors for adoption, placement or transfer;
(j) A description of facilities by which the applicant carries out the purposes for which it was incorporated, including a statement regarding whether the applicant harbors the animals in its care in its own physical animal shelter or utilizes foster homes, commercial boarding kennels or other arrangements; and
(k) A sworn statement, signed by the applicant, declaring eligibility for a pet dealer licensing exemption pursuant to subdivision four of section four hundred of this article.
3. Upon approval by the commissioner, the registration shall be issued to the applicant and an exemption from the definition of pet dealer as defined in section four hundred of this article shall be granted. Writ-
S. 5599 3
ten approval of such registration shall be provided to the applicant by the commissioner and shall be accompanied by a pet dealer exemption identification number, which shall be prominently displayed on the registrant's websites and accompany such registrant's publications or advertisements made available to the public following registration approval.
4. The commissioner may deny any application for registration as set forth in subdivisions one and two of this section or revoke any registration already granted, after written notice to the applicant or registrant and an opportunity to be heard, when:
(a) Any statement made on the application or to the commissioner found to be false or misleading;
(b) The applicant or registrant, or an officer or director has failed to comply with any of the provisions of this section or rules and regulations promulgated pursuant to subdivision six of this section;
(c) The applicant or registrant, or an officer or director has been convicted of a misdemeanor or felony animal cruelty offense by a court of the United States or any state or territory thereof, without subsequent pardon by the governor or other appropriate authority of the state or jurisdiction in which such conviction occurred, or receipt of a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law;
(d) The applicant or registrant is determined by the commissioner to be in violation of the department's dog and cat importation regulations pursuant to 1 NYCRR Part 65;
(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; and
(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.
5. Any person receiving an exemption pursuant to this section shall be subject to the provisions prescribed in subdivision two of section four hundred six of this article for any violation of this section, provided further that whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not less than one hundred dollars and not more than one thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
S. 5599 4
6. The commissioner is hereby authorized to promulgate rules and regulations concerning the application, registration and revocation process described in this section.
§ 3. Subdivision 3 of section 752 of the general business law, as amended by chapter 687 of the laws of 2006, 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 [duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged] 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 fifty-three-b, seven hundred fifty-three-c[,] and seven hundred fifty-three-d [and seven hundred fifty-three-e] 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; [provided that a] but it shall not include the following:
(a) Any breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeders residential premises [shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged].
(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.
§ 4. This act shall take effect on the ninetieth 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 exempting certain entities from the definition of pet dealer
Purpose or general idea of bill
This bill would require incorporated animal shelters, rescue organizations or other non-profit entities that transport or offer animals up for adoption in New York State to register with the Department of Agriculture and Markets.
Summary of provisions
Section one of the bill amends section 400 of the agriculture and markets law as it relates to stating that certain organizations are exempt from the pet dealer license including animal shelters, rescue organizations or other non-profit entities that transport or Offer animals up for adoption.
Read the full memo (1,457 words)
Section two of the bill amends the agriculture and markets law by adding a new section 408 as it relates to requiring the organizations exempted from the pet dealer license to annually register with the department. The registration would include important disclosures, including contact information and address, description of premise, number of animals transported annually, not-for-profit and federal 501(c)(3) status, and other information on their operations.
Section three of the bill amends section. 752 of the general business law as it relates to clarifying the definition of pet dealers to include the entities which are exempt from licensing.
Section four of the bill relates to the effective date.
Justification
The number of animals euthanized in U.S. shelters has seen a precipitous decline in the past four decades, from around 15 million annually in the 1970's to around 3 million currently. While there is still much work to be done, this positive trend is the result of several important factors, including broader access to spay/neuter services, progressive shelter policies, and active adoption efforts. Many animal shelters promote active, effective working relationships with partner shelters and rescue organizations as a part of their work to reduce euthanasia and increase live release rates. This can be seen in high-population settings like New York City, where in 2016 the Animal Care Centers of NYC (ACC) - the only open-admission animal shelter serving all five boroughs - reached an all-time high year-end placement rate for cats and dogs of just under 90%. A powerful contributing factor was the regular transfer of animals to the shelter's New Hope Partners, a large network of shelter and rescue groups that help find loving, adoptive homes for ACC animals.
Likewise in other regions of the state, well-established shelter groups have enjoyed great success in reducing animal homelessness and saving lives; robust partnerships with rescues and otter shelters play a role in these achievements. Mohawk Hudson Humane Society in the Capital Region, for example, enjoys about a 90% live release rate on average annually. North Fork Animal Welfare League in Suffolk County consistently finds homes for almost 95% of all needy animals coming through their doors. Erie County SPCA, Lollypop Farm in Rochester and numerous others continue to achieve high adoption rates as well, each recognizing the importance of strong rescue program partnerships. Despite this incredible progress, there are unfortunately scores of not-for-profit sheltering and rescue organizations whose policies and practices fail to.protect the animals and people they serve. While the New York State Department of Agriculture and Markets (NYSDAM) is responsible for the general oversight of municipal animal shelters and any entity serving in that capacity under contract, the agency has very little authority over an increasingly large number of animal organizations importing, transporting and harboring animals under the auspices of rehoming them, leaving the vast majority virtually unregulated.
While many of these groups are well-intentioned, this environment has created a host of animal health, public safety,and consumer protection challenges, attracting the attention of NYSDAM, the Office of the Attorney General and other state agencies. Here are a few:
*Failure to comply with state importation regulations. These regulations require. animal importers to obtain a veterinary health certificate (commonly called certificate of veterinary inspection or CVI) from the state from which they are transferring its animals. When a rescue wrongly decides to import animals without CVIs, NYSDAM has very little means at their disposal to detect anyone intentionally flouting,the law in this regard until tragedy strikes. Sadly, this has resulted in the documented spread of the life-threatening Rabies virus, highly contagious Canine Parvovirus, as well as other diseases.
*Failure to comply with the public health law. Section 2141 of the public health law requires every dog and cat to be actively immunized against rabies prior to four months of age and that a rabies certificate be issued. Rabies is a dangerous viral disease which can be transmitted to humans via animal bite, and almost always leads to death unless treatment is provided soon after exposure, which sadly has occurred in New York as the result of a noncompliant rescue. This certificate must be made available to NYSDAM's state veterinarian upon importation, but any unregulated entity neglecting to do this (whether intentionally or by mistake) causes great risk to animals and humans alike.
*"Safe Haven" for pet dealers/breeders seeking to avoid regulation. Another Serious and disturbing trend is that entities previously licensed and inspected by NYSDAM as pet dealers are simply incorporating as not-for-profit "rescue" organizations to avoid licensure and inspection. This is an extremely popular trend because incorporated entities dedicated to the care of unwanted animals are expressly exempt from regulation under the NYS Pet Dealer Licensing and Inspection Program. In fact, this tactic has become so popular that some puppy resellers that otherwise meet the standards and thresholds for pet dealer regulation never apply for a license in the first place, and instead receive an immediate exemption through not-for-profit incorporation. Some of these operations do not even pretend to be rescuing animals and brazenly continue to source puppies from the same high-volume breeding operations as pet stores.
The above issues are deeply troubling, especially given that there are literally hundreds of unregulated entities importing dogs into New York each year, with absolutely no public knowledge of what ultimately happens to these animals. To provide a sense of the depth of this unregulated field, one need only look to the almost 500 hundred incorporated animal groups currently registered with the Office of the Attorney General's (OAG) Charities Bureau and recognize that less than 50 of these organizations provide municipal sheltering for local governments in New York and New York City (and are thereby regulated to a degree). While these numbers are subject to some fluctuation year to year, it is safe to estimate that approximately 90% of not-for-profit animal groups are currently unregulated in our state.
Considering the potentially serious implications of allowing this unregulated universe to proliferate unchecked, many have called for the establishment of animal care and facilities standards in law to improve minimum requirements for those currently regulated and cover a much larger percentage of animal shelters and rescues (if not the full spectrum). Indeed, over 35 states have some manner of shelter and rescue standards in law, whereas New York State remains literally decades behind with a few pages of outdated, "bare bones" food and water standards (1 NYCRR Part 77.2) that apply to an alarmingly small number of animal organizations.
However, New York is so far behind on this issue that to enact statewide standards sight-unseen would be premature and perhaps even ill-advised, since so little is understood currently as to who is actually transporting and rescuing animals both in-state an across our borders, how they operate, where they are located, and how they interact with their rescue partners. Therefore measures are necessary to assist state regulators, local government, the sheltering community and the general public in generating a more comprehensive picture of what has come to be a very widespread phenomenon.
Given these concerns, this legislation seeks to allow NYSDAM, for the first time, to monitor a much higher level of animal transport activity, while better fulfilling its responsibilities for animal disease control, public safety and the regulation of pet dealers by requiring not-for-profit animal organizations - including those already overseen as municipal contractors to register with the agency prior to receiving an exemption from the pet dealer law. In doing so, organizations would disclose key elements of their operations (detailed in the summary section of this memorandum) to ensure compliance with existing laws and regulations, while also providing a measure of transparency to foster public trust. A clear dissemination of information regarding shelter and rescue practices allows these entities to provide information that the public wants while at the same time offering them the opportunity to place such information in good context and tell their own stories.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.