2023 New York Laws › AGM - Agriculture and Markets › Article 26-A - Care of Animals by Pet Dealers › 408 - Exemption of Certain Entities From the Definition of Pet Dealer; Registration Required.

* §  408.  Exemption  of  certain  entities from the definition of pet
dealer; registration required. 1. Any person eligible for exemption from
the definition of pet dealer  pursuant  to  paragraph  (c)  and  (d)  of
subdivision  four  of  section  four  hundred  of  this article shall be
registered by the department pursuant to the provisions of this section.
Such registration shall be renewable annually and be  accompanied  by  a
fee of one hundred dollars.
2.  Application for registration as set forth in this section shall be
made  annually  to  the  commissioner  on  a  form  prescribed  by   the
commissioner. The applicant shall satisfy the commissioner of his or her
character and responsibility and shall set forth such information as the
commissioner  shall require, including but not limited to the following,
provided, however a public authority shall not be  required  to  provide
the  information  required  by  paragraphs  (a),  (b)  and  (c)  of this
subdivision:
(a) Proof of  the  applicant's  tax  exempt  designation  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;
(b)  Proof  of  the  applicant's  incorporation  as  a  not-for-profit
organization  in  this  state pursuant to the not-for-profit corporation
law, provided further that such organization is in  good  standing  with
the attorney general and the department of state;
(c)  Proof  of  the applicant's registration with the attorney general
pursuant to article seven-A of the executive law;
(d) The name of the applicant and the name or names  under  which  the
applicant  offers  its  services to the public, any name under which the
applicant has offered its services to the public during  the  past  five
years, and whether the applicant has ever held a license issued pursuant
to this article;
(e)  The  address  and  telephone  number of the applicant and for any
other premise owned or leased by such applicant's organization to  carry
out  the  purposes  for which it was incorporated and by which it may be
eligible for a licensing exemption pursuant to this section;
(f) The website and email address of the applicant;
(g) The number of animals taken in, adopted, placed into permanent  or
temporary  homes,  or  otherwise transferred into, out of, or within the
state by the applicant during the prior calendar year;
(h) The number of animals currently harbored by the applicant;
(i)  The  species  of  animal  the  applicant  typically  harbors  for
adoption, placement or transfer;
(j) A description of facilities by which the applicant carries out the
purposes  for which it was incorporated, including a statement regarding
whether the applicant harbors  the  animals  in  its  care  in  its  own
physical  animal  shelter  or utilizes foster homes, commercial boarding
kennels or other arrangements; and
(k) A sworn statement, signed by the applicant, declaring  eligibility
for  a  pet  dealer  licensing exemption pursuant to subdivision four of
section four hundred of this article.
3. Upon approval by the commissioner, the registration shall be issued
to the applicant and an exemption from the definition of pet  dealer  as
defined  in  section  four  hundred  of  this  article shall be granted.
Written approval of such registration shall be provided to the applicant
by the commissioner and shall be accompanied by a pet  dealer  exemption
identification  number,  which  shall  be  prominently  displayed on the
registrant's websites and accompany such  registrant's  publications  or
advertisements  made  available  to  the  public  following registration
approval.
4. The commissioner may deny any application for registration  as  set
forth  in  subdivisions  one  and  two  of  this  section  or revoke any
registration already granted, after written notice to the  applicant  or
registrant and an opportunity to be heard, when:
(a) Any statement made on the application or to the commissioner found
to be false or misleading;
(b)  The applicant or registrant, or an officer or director has failed
to comply with any of the  provisions  of  this  section  or  rules  and
regulations promulgated pursuant to subdivision six of this section;
(c)  The  applicant  or registrant, or an officer or director has been
convicted of a misdemeanor or felony animal cruelty offense by  a  court
of  the  United  States  or  any  state  or  territory  thereof, without
subsequent pardon by the governor or other appropriate authority of  the
state or jurisdiction in which such conviction occurred, or receipt of a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law;
(d)  The  applicant or registrant is determined by the commissioner to
be in violation of the department's dog and cat importation  regulations
pursuant to 1 NYCRR Part 65;
** (e)  The  applicant or registrant is determined by the commissioner
to be in violation of section twenty-one hundred forty-one of the public
health law or any rule  or  regulation  promulgated  thereunder  by  the
commissioner of health; and
** NB Effective until December 15, 2024
** (e)  The  applicant or registrant is determined by the commissioner
to be in violation of section twenty-one hundred forty-one of the public
health law or any rule  or  regulation  promulgated  thereunder  by  the
commissioner of health;
** NB Effective December 15, 2024
** (f) The applicant or registrant, or an officer or director has been
responsible  in  whole  or  in  part  for any act on account of which an
application for registration may be denied or a  registration  cancelled
pursuant to the provisions of this article.
** NB Effective until December 15, 2024
** (f) The applicant or registrant, or an officer or director has been
responsible  in  whole  or  in  part  for any act on account of which an
application for registration may be denied or a  registration  cancelled
pursuant to the provisions of this article; and
** NB Effective December 15, 2024
** (g)  The  applicant  or registrant was previously licensed as a pet
dealer pursuant to this article.
** NB Effective December 15, 2024
5. Any person receiving an exemption pursuant to this section shall be
subject to the provisions prescribed in subdivision two of section  four
hundred  six of this article for any violation of this section, provided
further that whenever there  shall  be  a  violation  of  this  section,
application  may  be  made  by  the  attorney general in the name of the
people  of  the  state  of  New  York  to  a  court  or  justice  having
jurisdiction  by  a  special proceeding to issue an injunction, and upon
notice to the defendant of not  less  than  five  days,  to  enjoin  and
restrain  the  continuance of such violations; and if it shall appear to
the satisfaction of the court or justice  that  the  defendant  has,  in
fact,  violated  this section, an injunction may be issued by such court
or justice, enjoining and restraining  any  further  violation,  without
requiring  proof  that  any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make  allowances  to  the
attorney  general  as  provided  in  paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and  rules,

and  direct  restitution.  Whenever  the  court  shall  determine that a
violation of this section has occurred, the court  may  impose  a  civil
penalty  of  not  less  than  one  hundred dollars and not more than one
thousand  dollars. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with  the  civil
practice law and rules.
6.  The  commissioner  is  hereby  authorized  to promulgate rules and
regulations concerning  the  application,  registration  and  revocation
process described in this section.
* NB Repealed December 15, 2025