Int. No. 1018

By Council Members Brannan, Schulman, Brewer, Krishnan, Marte and Holden

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of pet dealers and prohibiting the sale of dogs and cats in retail pet stores, and to repeal section 17-1706 of such code, relating to the exemptions for shelter and rescue partners

Be it enacted by the Council as follows:

Section 1. The subchapter heading of subchapter 9 of chapter 3 of title 17 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

SUBCHAPTER 9

RETAIL PET SHOPS AND PET DEALERS

§ 2. Section 17-371 of the administrative code of the city of New York, subdivision a of such section as added by local law number 5 for the year 2015 and subdivisions b through e of such section as amended by local law number 53 for the year 2015, is amended to read as follows:

§ 17-371 Definitions. [For the purposes of] As used in this subchapter, the following terms have the following meanings:

[a. “Arm's length transaction”] Arm’s length transaction. The term “arm’s length transaction” means a sale of a business for consideration that reflects the fair market value of such business or its assets, between two informed and willing parties, that is not made, wholly or in part, for the purpose of enabling the seller to avoid liability for violations issued by the department. A sale shall be presumed not to be an arm's length transaction if it is:

1. A sale to an individual, or to a corporation or other business that is owned by the spouse, domestic partner, parent, grandparent, child or stepchild of any of any of the sellers, or is the direct descendent of a grandparent, the spouse or domestic partner of any of the sellers;

2. A sale to an individual or entity that has a business or financial interest in the seller; or

3. A sale to an entity in which any of the sellers has a business or financial relationship.

[b. “Permit”] Permit. The term “permit” means a written license and authorization to carry on specified activities as regulated by this subchapter or other applicable law enforced by the department.

[c. “Permittee”] Permittee. The term “permittee” means a natural person or other entity who holds a valid permit issued by the commissioner pursuant to this subchapter or other applicable law enforced by the department.

[d. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.

e. “Pet shop” means a facility other than an animal shelter where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. Such definition shall not include breeders who sell or offer to sell directly to consumers fewer than twenty-five dogs or cats per year that are born and raised on the breeder's residential premises. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals that make such animals available for adoption, whether or not a fee for such adoption is charged. A person who allows an animal shelter or animal rescue group, as such terms are defined in section 17-802 of chapter eight of this title, to use such person's premises for the purpose of making animals available for adoption shall not be deemed a pet shop as a result of such activity so long as such person does not have an ownership interest in any of the animals being made available for adoption, and does not derive a fee for providing such adoption services.]

Pet dealer. The term “pet dealer” means any person who, in the ordinary course of business, engages in the sale or offering for sale of animals for profit to the public, including a breeder of animals who sells or offers for sale animals directly to a consumer, but does not include the following:

1. Any retail pet shop;

2. Any municipal pound or shelter established and maintained pursuant to subdivision 1 of section 114 of the agriculture and markets law, and that, beginning on December 15, 2025, is duly licensed as an animal shelter pursuant to article 26-C of the agriculture and markets law;

3. 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 internal revenue code, or any subsequent corresponding sections of the internal revenue code, that, prior to December 15, 2025, is registered with the department of agriculture and markets pursuant to section 408 of the agriculture and markets law and that, beginning on December 15, is duly licensed as an animal shelter pursuant to article 26-C of the agriculture and markets law.

Retail pet shop. The term “retail pet shop” means any for-profit place of business that sells or offers for sale animals to be kept as household pets, pet food or supplies, but does not include breeders who sell or offer to sell directly to the consumer animals that are born and raised on the breeder's residential premises.

§ 3. The section heading of section 17-372 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

§ 17-372 [Pet] Retail pet shop and pet dealer permits required.

§ 4. Subdivision a of section 17-372 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

a. No person shall operate a retail pet shop or as a pet dealer without a permit issued by the commissioner pursuant to this subchapter.

§ 5. Subparagraph (a) of paragraph 5 of subdivision d of section 17-373 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

(a) A certification made by a pet [shop] dealer pursuant to this paragraph shall be made in a form and manner determined by the department and shall include the following information:

[(i)] (1) The name, address and United States department of agriculture license number of every source from which such pet [shop] dealer obtained a dog or cat during the relevant period;

[(ii)] (2) The total number of dogs and cats obtained from each source; and

[(iii)] (3) The individual identifying tag, tattoo, or collar number of each dog or cat obtained from each source.

§ 6. The opening paragraph of subdivision a of section 17-378 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

a. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or this title, the rules promulgated thereunder, or the New York city health code, the commissioner, after due notice and an opportunity to be heard by the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, may suspend or revoke a retail pet shop or pet dealer permit upon the occurrence of any one or more of the following conditions:

§ 7. Subdivision b of section 17-378 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

b. Notwithstanding subdivision a of this section, if the commissioner determines that exigent circumstances exist such that the continued operation of a permittee’s retail pet shop or the permittee’s continued operation as a pet dealer would pose a danger to the public or the health and welfare of the animals in the permittee’s custody, the commissioner may suspend such permittee’s permit subject to a prompt post-suspension hearing before the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

§ 8. Section 17-380 of the administrative code of the city of New York, subdivisions a, b, and d of such section as added by local law number 5 for the year 2015 and subdivision c of such section as amended by local law number 53 for the year 2015, is amended to read as follows:

§ 17-380 Forfeiture and seizure. a. The commissioner or [his or her] the commissioner’s designee may seize any animal in a retail pet shop or in the possession of a pet dealer for the purpose of sale or being offered for sale if such retail pet shop or pet dealer is operating without a permit required pursuant to section 17-372 [of this subchapter].

b. Any animal in a retail pet shop or in possession of a pet dealer for the purpose of sale or being offered for sale [operating without a permit required pursuant to section 17-372 of this subchapter or] seized pursuant to subdivision a of this section shall be subject to forfeiture upon notice and hearing.

c. The commissioner shall provide for the appropriate disposition of each animal seized pursuant to this section. Such disposition may include impoundment at an animal shelter or animal rescue group as such terms are defined in section 17-802 [of chapter eight of this title].

d. The commissioner may impose upon the owner of a retail pet shop or a pet dealer from which an animal is seized pursuant to this section a fee representing expenses incurred in connection with impounding such animal.

§ 9. Section 17-1701 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

§ 17-1701 Definitions. [For the purposes of] As used in this chapter, the following terms have the following meanings:

[a. “Animal abuse crime”] Animal abuse crime. The term “animal abuse crime” has the same meaning as set forth in section 17-1601 [of this title].

[b. “Animal shelter”] Animal shelter. The term “animal shelter” has the same meaning as [such term is defined] set forth in section 17-802 [of chapter eight of this title].

[c. “Animal rescue group”] Animal rescue group. The term “animal rescue group” has the same meaning as [such term is defined] set forth in section 17-802 [of chapter eight of this title].

[d. “Class A license”] Class A license. The term “class A license” means a [a] class A license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.

[e. “Class B dealer”] Class B dealer. The term “class B dealer” means a person required to hold a class B license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.

[f. “Convicted”] Convicted. The term “convicted” means an adjudication of guilt by any court or administrative tribunal of competent jurisdiction, whether upon a verdict, a plea of guilty or an order of adjudication withheld by reason of a plea of nolo contendere[. For the purposes of this chapter, “convicted” shall also mean] or a plea of guilty on a charge of any crime in satisfaction of an accusatory instrument charging a defendant with an animal abuse crime where dismissal of such charge was not on the merits.

[g. “Dealer”] Dealer. The term “dealer” means a person required to have a license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law.

[h. “Federal identification number”] Federal identification number. The term “federal identification number” means a license or registration number issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.

[i. “Finally determined”] Finally determined. The term “finally determined” means a determination of a federal, state or local government agency, where all rights to challenge such determination at available administrative tribunals and courts of law have been exhausted, or the time period within which such challenge may be filed has expired.

[j. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.]

Pet dealer. The term “pet dealer” has the same meaning as set forth in section 17-371.

[k. “Pet shop”] Retail pet shop. The term “retail pet shop” has the same meaning as [such term is defined] set forth in section 17-371 [of subchapter nine of this title].

§ 10. Section 17-1702 of the administrative code of the city of New York, subdivision a of such section as amended by local law number 151 for the year 2023, subdivisions b and d of such section as amended by local law number 53 for the year 2015, and subdivision c of such section as amended by local law number 54 for the year 2023, is amended to read as follows:

§ 17-1702 Sales. a. Any pet [shop] dealer that displays, offers for sale, delivers, barters, auctions, gives away, transfers or sells any dog or cat shall obtain such dog or cat from a source that, as of the date such pet [shop] dealer receives such animal, shall attest in a sworn affidavit [that such source] the following:

1. Such source holds a valid and active class A license that has not been suspended at any time during the prior five years[;] and

[2.] has not received any of the following in connection with such license:

(a) [a] A finally determined “direct” non-compliant item citation pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder at any time during the prior three years; [or]

(b) [a] A finally determined citation for failure to provide inspectors access to property or records as required pursuant to 9 CFR § 2.126, or successor regulations in either of the two most recent United States department of agriculture inspection reports; [or]

(c) [three] Three or more distinct finally determined non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, other than citations for failure to provide inspectors access to property or records as required pursuant to 9 CFR § 2.126, or successor regulations, in the most recent United States department of agriculture inspection report; [or]

(d) [one] One or more finally determined repeat non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, in the most recent United States department of agriculture inspection report; [or]

(e) [a] A finally determined order to cease and desist, issued by an administrative law judge, at any time during the prior five years; or

(f) [a] A finally determined order to pay a civil penalty, issued by an administrative law judge, at any time during the prior five years; [and]

[3.] 2. Such source has not been convicted of a violation of the minimum standards of animal care provided for in section four hundred one of the agriculture and markets law at any time during the prior five years; and

[4.] 3. Such source has never been convicted of an animal abuse crime prior to delivering such animal or animals into the custody of such pet [shop] dealer.

b. Notwithstanding subdivision a of this section, it shall be unlawful for any pet [shop] dealer to display, offer for sale, deliver, barter, auction, give away, transfer or sell any dog or cat knowingly obtained from a class B dealer.

c. It shall be unlawful for any retail pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any dog, cat, rabbit, or guinea pig.

d. A retail pet shop that allows an animal shelter or animal rescue group to use such retail pet shop's premises for the purpose of making animals available for adoption shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to such animals, provided such retail pet shop does not have an ownership interest in such animals. A retail pet shop shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to animals it surrenders to a non-profit shelter or animal rescue group, so long as such retail pet shop does not derive a fee therefor.

§ 11. The opening paragraph of subdivision a of section 17-1703 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

a. Every pet [shop] dealer shall deliver to the purchaser of a cat or dog, at the time of sale, or to the prospective purchaser of a cat or dog upon request, in a standardized form prescribed by the commissioner, a written statement containing the following information:

§ 12. Paragraph 3 of subdivision a of section 17-1703 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

3. The date of such animal's birth and the date the pet [shop] dealer received such animal. The date of birth may be approximated if not known by the seller if:

(a) [such] Such animal is a cat; or

(b) [such] Such animal is a dog, and such dog is not advertised or sold as a purebred, registered or registrable;

§ 13. Paragraph 6 of subdivision a of section 17-1703 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

6. A record, as of the time of sale, of immunizations and worming treatments, if any, administered to the animal while the animal was in the possession of the pet [shop] dealer, including the dates of administration and the type of vaccines or worming treatments administered;

§ 14. The opening paragraph and subparagraph (a) of paragraph 9 of subdivision a of section 17-1703 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, are amended to read as follows:

9. A record of any veterinary treatment or medication received by the animal while in the pet [shop’s] dealer’s possession and either of the following:

(a) A statement, signed by the pet [shop] dealer at the time of sale, indicating that, to the pet [shop’s] dealer’s knowledge: (i) the animal has no disease or illness; and (ii) the animal has no congenital or hereditary condition that adversely affects the health of the animal at the time of sale; or

§ 15. Subdivisions b, c, and d of section 17-1703 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, are amended to read as follows:

b. A disclosure made to a purchaser pursuant to subdivision a of this section shall be signed by both the pet [shop] dealer certifying the accuracy of the statement, and the purchaser acknowledging receipt of the statement.

c. Every pet [shop] dealer shall post conspicuously, within close proximity to the cages of dogs and cats offered for sale, notices containing the following language in one hundred-point type: “Information on the source of these dogs and cats and the veterinary treatments received by these dogs and cats is available for review by prospective purchasers. United States Department of Agriculture inspection reports are available upon request.”

d. Any pet [shop] dealer offering a dog or cat for sale, barter, auction, give away or transfer shall, upon request by a prospective purchaser, make available to such prospective purchaser the two most recent United States department of agriculture inspection reports for the breeder of such dog or cat, as such reports were available from the United States department of agriculture at the time such pet [shop] dealer obtained such animal. At the request of such prospective purchaser, such pet [shop] dealer shall provide physical copies of such inspection reports, provided however, that such pet [shop] dealer may require reimbursement for copying expenses pursuant to rules promulgated by the department.

§ 16. Subdivision a of section 17-1704 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

a. Each pet [shop] dealer shall keep and maintain records and documentation for each dog or cat purchased, acquired, held, sold, or otherwise disposed of with respect to the purchase, sale, dealers, transportation, breeding, medical care and condition, identification, and previous ownership of such animal. Each pet [shop] dealer shall keep and maintain such records and documentation for a period of five years from the date such pet shop acquired each such dog or cat.

§ 17. Paragraph 1 of subdivision b of section 17-1704 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

1. Proof of purchase, adoption, or acceptance of such animal evincing the source from which such pet [shop] dealer obtained such animal;

§ 18. Paragraph 4 of subdivision b of section 17-1704 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

4. The date of the animal's birth, the date the pet [shop] dealer received the animal, and the location where the animal was received. If the animal is not advertised or sold as a purebred, registered or registrable, the date of birth may be approximated if not known by the seller;

§ 19. Paragraph 8 of subdivision b of section 17-1704 of the administrative code of the city of New York, as amended by local law number 53 for the year 2015, is amended to read as follows:

8. Any statement or certification provided to the pet [store] dealer by the source from which it obtained the animal stating that such animal has been implanted with a microchip for permanent identification.

§ 20. Subdivision c of section 17-1704 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

c. In addition to the documentation and records required under subdivision a of this section, every pet [shop] dealer shall keep and maintain the following records for transactions involving one or more dogs:

1. If such a dog is being sold as registered or capable of being registered with an animal pedigree registry organization, the names and registration numbers of the sire and dam, and the litter number, if known; and

2. If the pet [shop] dealer has released a dog to a purchaser without first submitting a license application, a written statement provided by the purchaser stating that the dog is to be harbored outside the city and such proof as the commissioner may require indicating that such purchaser resides outside the city.

§ 21. Section 17-1704 of the administrative code of the city of New York is amended by adding a new subdivision d to read as follows:

d. The requirements of this section shall also apply to retail pet shops until December 15, 2029.

§ 22. The opening paragraph of subdivision a of section 17-1705 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

a. Each pet [shop] dealer shall comply with the following minimum standards of care for every dog or cat in such pet [shop’s] dealer’s custody or possession:

§ 23. Subparagraph (a), (g), and (h) of paragraph 1 of subdivision a of section 17-1705 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, are amended to read as follows:

(a) Animals shall not be sold or held for sale in a dwelling in which a person lives. Animals shall be housed in primary enclosures or cages, which shall be constructed to be structurally sound. Such enclosures shall be maintained in good repair to contain the animal housed inside and protect it from injury. Surfaces shall be impervious to the absorption of fluids and able to withstand thorough and repeated cleaning and disinfecting without deteriorating or retaining odors.

(g) In the event that a pet [shop] dealer has a pregnant or nursing dog on its premises, the pet [shop] dealer shall provide a whelping box for such dog. Each nursing dog shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics in accordance with generally accepted husbandry practices as determined and approved in writing by a licensed veterinarian.

 (h) Pet [shops] dealers shall designate and provide an isolation area for animals that exhibit symptoms of contagious disease or illness. The location of such designated area must be such as to prevent or reduce the spread of disease to healthy animals.

§ 24. The opening paragraph of subparagraph (a) of paragraph 5 of subdivision a of section 17-1705 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

(a) Every pet [shop] dealer shall designate an attending veterinarian, who shall provide veterinary care to the pet [shop’s] dealer’s animals which shall include a written program of veterinary care and regular visits to the pet [shop’s] dealer’s premises. Such program of veterinary care shall include:

§ 25. Subparagraphs (b), (c), (d), and (e) of paragraph 5 of subdivision a of section 17-1705 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, are amended to read as follows:

(b) All animals shall be inoculated as required by state or local law. Veterinary care appropriate to the species shall be provided without undue delay when necessary. Each animal shall be observed each day by the pet [shop] dealer, or by a person working under such pet [shop’s] dealer’s supervision.

(c) Within five business days of receipt, but prior to sale of any dog or cat, the pet [shop] dealer shall have a duly licensed veterinarian conduct an examination and tests appropriate to the age and breed to determine if the animal has any medical conditions apparent at the time of the examination that adversely affect the health of the animal. For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from healthy animals in the isolation area required pursuant to subparagraph (h) of paragraph one of subdivision a of section 17-1705 of this chapter.

(d) If an animal suffers from a congenital or hereditary condition, disease, or illness which, in the professional opinion of the pet [shop's] dealer’s veterinarian, requires euthanasia, the veterinarian shall humanely euthanize such animal without undue delay.

(e) In the event an animal is returned to a pet [shop] dealer due to a congenital or hereditary condition, illness, or disease requiring veterinary care, the pet [shop] dealer shall, without undue delay, provide the animal with proper veterinary care.

§ 26. Paragraphs 6 and 7 of subdivision a of section 17-1705 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, are amended to read as follows:

6. No pet [shop] dealer shall euthanize an animal except by humane euthanasia performed by a veterinarian duly licensed in the state of New York in accordance with section three hundred seventy four of the agriculture and markets law who has diagnosed such animal as requiring euthanasia due to a serious illness or injury.

7. Every pet [shop] dealer shall develop, maintain, document, and implement an appropriate written plan to provide dogs with the opportunity for daily exercise. In developing such plan, consideration shall be given to providing positive physical contact with humans that encourages exercise through play or other similar activities. Such written plan shall be approved by the attending veterinarian, and must be made available to the department upon request.

§ 27. Section 17-1706 of the administrative code of the city of New York is REPEALED.

§ 28. Subdivisions a and d of section 17-1708 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, are amended to read as follows:

a. The commissioner or [his or her] the commissioner’s designee may seize any animal offered for sale in a retail pet shop or by a pet dealer where the sale of such animal is prohibited by section 17-1702 [of this chapter].

d. The commissioner may impose upon the owner of a retail pet shop or a pet dealer from which an animal is seized pursuant to this section a fee representing expenses incurred in connection with the cost of impounding such animal.

§ 29. Section 17-1709 of the administrative code of the city of New York, as added by local law number 5 for the year 2015, is amended to read as follows:

§ 17-1709 Rules. The commissioner may promulgate such rules as are necessary to carry out the provisions of this chapter and to ensure the health and safety of any animal in a retail pet shop or in the possession of a pet dealer for the purpose of sale or being offered for sale.

§ 30. This local law takes effect December 15, 2024.

JGP

LS #12799/16923

8/12/2024 9:30 AM