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 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 168 of the laws of 2017, 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 it shall not include the following: 8 (a) Any breeder who sells or offers to sell directly to the consumer 9 fewer than [twenty-five] fifteen animals per year that are born and 10 raised on the breeder's residential premises; 11 (b) Any municipal pound or shelter dedicated to the care of unwanted 12 animals which makes such animals available for adoption whether or not a 13 fee for such adoption is charged, established and maintained pursuant to 14 subdivision one of section one hundred fourteen of this chapter; and 15 (c) Any duly incorporated society for the prevention of cruelty to 16 animals, duly incorporated humane society, duly incorporated animal 17 protective association or other duly incorporated animal adoption or 18 animal rescue organization dedicated to the care of unwanted animals 19 which makes such animals available for adoption whether or not a fee for 20 such adoption is charged that is exempt from taxes pursuant to paragraph 21 (3) of subsection (c) of section 501 of the federal Internal Revenue 22 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 1 federal Internal Revenue Code, as from time to time amended, that is 2 registered with the department pursuant to section four hundred eight of 3 this article. 4 § 2. Subdivision 3 of section 752 of the general business law, as 5 amended by chapter 168 of the laws of 2017, is amended to read as 6 follows: 7 3. For purposes of section seven hundred fifty-three of this article, 8 a "pet dealer" shall mean any person who, in the ordinary course of 9 business, engages in the sale or offering for sale of more than nine 10 animals per year for profit to the public. Such definition shall include 11 breeders of animals who sell or offer for sale animals directly to a 12 consumer but it shall not include any municipal pound or shelter estab- 13 lished and maintained pursuant to subdivision one of section one hundred 14 fourteen of the agriculture and markets law, or any duly incorporated 15 society for the prevention of cruelty to animals, duly incorporated 16 humane society, duly incorporated animal protective association or other 17 duly incorporated animal adoption or animal rescue organization that is 18 tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of 19 the federal Internal Revenue Code, 26 U.S.C. 501, or any subsequent 20 corresponding sections of the federal Internal Revenue Code, as from 21 time to time amended, that is registered with the department pursuant to 22 section four hundred eight of the agriculture and markets law. For 23 purposes of sections seven hundred fifty-three-a, seven hundred fifty- 24 three-b, seven hundred fifty-three-c and seven hundred fifty-three-d of 25 this article, "pet dealer" shall mean any person who engages in the sale 26 or offering for sale of more than nine animals per year for profit to 27 the public. Such definition shall include breeders who sell animals; but 28 it shall not include the following: 29 (a) Any breeder who sells or offers to sell directly to the consumer 30 fewer than [twenty-five] fifteen animals per year that are born and 31 raised on the breeders residential premises. 32 (b) Any municipal pound or shelter established and maintained pursuant 33 to subdivision one of section one hundred fourteen of the agriculture 34 and markets law. 35 (c) Any duly incorporated society for the prevention of cruelty to 36 animals, duly incorporated humane society, duly incorporated animal 37 protective association or other duly incorporated animal adoption or 38 animal rescue organization that is exempt from taxes pursuant to para- 39 graph (3) of subsection (c) of section 501 of the federal Internal 40 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of 41 the federal Internal Revenue Code, as from time to time amended, that is 42 registered with the department pursuant to section four hundred eight of 43 the agriculture and markets law. 44 § 3. This act shall take effect on the one hundred twentieth day after 45 it shall have become a law.