What's happening
This bill prohibits retail pet shops in New York from selling dogs or cats, allowing only adoptions through approved organizations.
Why it matters
Targets the commercial breeding industry. By prohibiting retail pet shops from selling dogs and cats, the bill aims to disrupt the market for animals sourced from large-scale breeders, often criticized for poor animal welfare (“puppy mills” and “kitten mills”).
Promotes animal adoption and shelters. The legislation encourages partnerships between pet shops and animal shelters/rescue organizations, making it easier for customers to adopt homeless pets and reducing shelter overpopulation.
Shifts consumer behavior and business models. Retail pet shops will need to adjust their business practices, potentially focusing more on pet supplies and services, or collaborating with rescue groups for adoptions instead of sales.
Could indirectly improve animal welfare standards. By cutting off a major retail outlet for commercially bred animals, the bill may reduce the incentive for mass breeding under substandard conditions, thus potentially raising overall animal welfare.
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Who cares
Headline styles
Ban Sale of Pets in Stores
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to domestic animal welfare
- Committee discharged and committed to domestic animal welfare
- Referred to consumer protection
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.
Ban Pet Store Dog, Cat Sales
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
593
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. GIANARIS, ADDABBO, BRESLIN, BROOKS, HOYLMAN, KRUEG- ER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the agriculture and markets law and the general business law, in relation to the prohibition on the sale of dogs and/or cats by retail pet shops
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 is amended by adding a new paragraph (d) to read as follows:
(d) Any retail pet shop as defined in subdivision eight of section seven hundred fifty-two of the general business law.
§ 2. The opening paragraph of subdivision 3 of section 752 of the general business law, as amended by chapter 168 of the laws of 2017, is amended and a new paragraph (d) is added to read as follows:
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 retail pet shop as defined in subdivision eight of this section, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00557-01-9
S. 593 2
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 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:
(d) Any retail pet shop as defined in subdivision eight of this section.
§ 3. Section 752 of the general business law is amended by adding a new subdivision 8 to read as follows:
8. "Retail pet shop" means a for-profit establishment open to the public that sells or offers for sale animals to be kept as household pets, pet food or supplies.
§ 4. The general business law is amended by adding a new section 753-f to read as follows:
§ 753-f. Prohibition on sale of dogs or cats by retail pet shops. A retail pet shop shall not sell, offer to sell, barter, auction, or otherwise transfer ownership of any dog or cat, provided that this section shall not be construed to prohibit a retail pet shop from collaborating with the following entities to provide space to showcase cats or dogs owned by these entities for the purpose of adoption: 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.
§ 5. 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 the prohibition on the sale of dogs and/or cats by retail pet shops
Purpose
To promote animal welfare and find homes for the companion animals most in need of homes.
Summary of provisions
Section 1 amends subdivision 4 of section 400 of the agriculture and markets law, adding a new paragraph (d) to include any retail pe t shop as defined in section 752 (8) of the general business law.
Section 2 amends the opening paragraph of subdivision 3 of section 752 of the general business law, and adds a new paragraph (d) to e xempt any retail pet shop from such provisions of law.
Section 3 amends section 752 of the general business law, adding a new subdivision 8 to define retail pet shop
Section 4 amends the general business law, adding a new section 753-f to prohibit the sale of dogs or cats by a retail pet shop.
Justification
The problems with puppy mills have been well documented nationwide. A strong supply chain keeps neighborhood pet stores stocked with poorly cared for animals ready for purchase. These animals are often mistreated from the moment of birth and are afflicted with serio us health problems throughout their lives. While our animal shelters house perfectly heal- thy and adoptable animals, they struggle to compete with designer animals bred by puppy mills. This proposal would end the cruelty that these animals face, and find homes for de serving, healthy and loving animals.
Prior legislative history
2018: Died in Consumer Protection
Effective date
This act shall take effect on the ninetieth day after it shall have
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