STATE OF NEW YORK ________________________________________________________________________ 5556 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 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 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. 6 Such definition shall include breeders who sell or offer to sell 7 animals; provided that a breeder who sells or offers to sell directly to 8 the consumer fewer than [twenty-five] fifteen animals per year that are 9 born and raised on the breeder's residential premises shall not be 10 considered a pet dealer as a result of selling or offering to sell such 11 animals. Such definition shall [further] not include duly incorporated 12 humane societies dedicated to the care of unwanted animals which make 13 such animals available for adoption whether or not a fee for such 14 adoption is charged. 15 § 2. Subdivision 3 of section 752 of the general business law, as 16 amended by chapter 687 of the laws of 2006, is amended to read as 17 follows: 18 3. For purposes of section seven hundred fifty-three of this article, 19 a "pet dealer" shall mean any person who, in the ordinary course of 20 business, engages in the sale or offering for sale of more than nine 21 animals per year for profit to the public. Such definition shall 22 include breeders of animals who sell or offer for sale animals directly 23 to a consumer but it shall not include duly incorporated humane socie- 24 ties dedicated to the care of unwanted animals which make such animals 25 available for adoption whether or not a fee for such adoption is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01078-01-7

S. 5556 2 1 charged. For purposes of sections seven hundred fifty-three-a, seven 2 hundred fifty-three-b, seven hundred fifty-three-c[,] and seven hundred 3 fifty-three-d [and seven hundred fifty-three-e] of this article, "pet 4 dealer" shall mean any person who engages in the sale or offering for 5 sale of more than nine animals per year for profit to the public. Such 6 definition shall include breeders who sell animals; provided that a 7 breeder who sells or offers to sell directly to the consumer fewer than 8 [twenty-five] fifteen animals per year that are born and raised on the 9 breeders residential premises shall not be considered a pet dealer as a 10 result of selling or offering to sell such animals. Such definition 11 shall not include duly incorporated humane societies dedicated to the 12 care of unwanted animals which make such animals available for adoption 13 whether or not a fee for such adoption is charged. 14 § 3. This act shall take effect on the one hundred twentieth day after 15 it shall have become a law.