BILL NUMBER: S8252C
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the general business law, the agriculture and markets
law, the state finance law, and the general municipal law, in relation
to pet breeders; and to repeal certain provisions of the general busi-
ness law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would clarify enforcement of New York State's Puppy Mill Pipe-
line Act and Article 26-A of the agriculture and markets law.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill repeals subdivision 3 of section 752 of the
general business law, which defines "pet dealer," and replaces it with a
new subdivision to define the term "pet breeder," which shall mean any
person who breeds animals and sells or offers to sell, more than twen-
ty-five animals per year, born and raised on such persons premises,
directly to a consumer, provided that no pet breeder, as defined in this
subdivision, shall sell or offer to sell any dog, cat or rabbit not born
and raised on such breeder's premises.
Section two of the bill repeals subdivision 8 of section 752 of the
general business law, which defines "retail pet shop."
Section three of the bill amends subdivisions 2 and 5 of section 752 of
the general business law to redefine the terms "consumer" and "person."
Section four of the bill amends section 753-f of the general business
law to strengthen the prohibition on the transfer of a dog, cat, or
rabbit for profit. This section is further amended to state that the
prohibition shall not apply to pet breeders as defined in section 752 or
any other person who breeds and sells dogs, cats, or rabbits, born and
raised on such person's premises directly to a consumer.
Section five of the bill amends subdivisions 2 and 3 of the agriculture
and markets law in order to redefine the terms "consumer" and "person."
This section also amends subdivision 4 to remove the term "pet dealer"
and replace it with "pet breeder," which shall mean any person who
breeds animals and sells, or offers to sell, more than nine animals per
year, born and raised on such a person's premises, directly to a consum-
er.
Sections six through nine of the bill amend section 401 of the agricul-
ture and markets law to make technical changes, such as removing any
references to "pet dealer" and replacing them with "pet breeder."
Section ten of the bill amends section 402 of the agriculture and
markets law to clarify the recordkeeping requirements for pet breeders.
Sections eleven through fourteen of the bill amend sections 404, 405,
406, and 407 of the agriculture and markets law to make some technical
changes, such as removing any references to "pet dealer" and replacing
them with "pet breeder."
Sections fifteen through seventeen of the bill amend sections 751, 753,
and 753-a of the general business law to make some technical changes,
such as removing any references to "pet dealer" and replacing them with
"pet breeder."
Section eighteen of the bill amends section 753-b of the general busi-
ness law to clarify how pet breeders shall deliver information state-
ments to purchasers.
Sections nineteen through twenty-one of the bill amend sections 753-c,
753-d, and 754 of the general business law to make some technical chang-
es, such as removing any references to "pet dealer" and replacing them
with "pet breeder."
Section twenty-two of the bill amends subdivision 1-a of section 755 of
the general business law to clarify that any person who violates section
753-f relating to the sale of dogs, cats and rabbits, may be subject to
denial, suspension, revocation of, or refusal to renew a pet breeder
license.
Section twenty-three of the bill amends the section heading and subdivi-
sions 1 and 3 of section 97-rr of the state finance law to remove refer-
ences to "pet dealer" and replace them with "pet breeder."
Section twenty-four of the bill amends the article heading of article
26-A of the agriculture and markets law to remove the reference to "pet
dealer" and replace it with "pet breeder."
Sections twenty-five and twenty-six of the bill amend section 403 and
420 of the agriculture and markets law to remove any references to "pet
dealer" and replace them with "pet breeder."
Section twenty-seven of the bill amends section 209-cc of the general
municipal law to clarify that pet breeders as defined in section 752 of
the general business law, not pet dealers, shall be exempt from the
reporting requirements of that section.
Section twenty-eight of the bill amends section 421 of the agriculture
and market law to make technical changes to account for the new defi-
nition of "pet breeder."
Section twenty-nine of the bill establishes the effective date.
 
JUSTIFICATION:
Chapter 681 of the Laws of 2022, more commonly known as the "Puppy Mill
Pipeline Act," prohibited the sale of dogs, cats and rabbits in retail
pet stores, effective December 15, 2024. With more than 120 co-sponsors,
this bipartisan measure passed by a wide margin and effectively shut
down an inherently cruel, broken system which allowed retail pet stores,
brokers, and transporters and wholesale breeders to profit handsomely
from animal suffering. This bill seeks to clarify the legislature's
intent regarding that life-saving work, by responsibly ensuring that the
provisions of the Puppy Mill Pipeline Act are applicable to brokers
intermediaries that sell dogs they did not breed. In addition, the
legislation ensures that the NYS Department of Agriculture and Markets
can reliably carry out its enforcement and regulatory oversight of
state-licensed breeding facilities, as originally prescribed 25 years
ago with the enactment of New York's Pet Dealer Consumer Protection and
Animal Care Standards Act.
 
PRIOR LEGISLATIVE HSITORY:
New Bill.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take on the same date and in the same manner as chapter
683 of the laws of 2022 takes effect.

Statutes affected:
S8252: 752 general business law, 752(3) general business law, 752(8) general business law, 753-f general business law, 753-f(1) general business law
S8252A: 752 general business law, 752(3) general business law, 752(8) general business law, 753-f general business law, 753-f(1) general business law
S8252B: 752 general business law, 752(3) general business law, 752(8) general business law, 401 agriculture and markets law, 401(7) agriculture and markets law, 405 agriculture and markets law, 406 agriculture and markets law, 406(1) agriculture and markets law, 407 agriculture and markets law, 753-b general business law, 753-c general business law, 753-d general business law, 754 general business law, 755 general business law, 755(1-a) general business law, 420 agriculture and markets law, 420(6) agriculture and markets law, 209-cc general municipal law, 209-cc(4) general municipal law
S8252C: 752 general business law, 752(3) general business law, 752(8) general business law, 401 agriculture and markets law, 401(7) agriculture and markets law, 405 agriculture and markets law, 406 agriculture and markets law, 406(1) agriculture and markets law, 407 agriculture and markets law, 753-b general business law, 753-c general business law, 753-d general business law, 754 general business law, 755 general business law, 755(1-a) general business law, 420 agriculture and markets law, 420(6) agriculture and markets law, 209-cc general municipal law, 209-cc(4) general municipal law