§ 408 — Exemption of certain entities from the definition of pet dealer; registration required

* § 408. Exemption of certain entities from the definition of pet\ndealer; registration required. 1. Any person eligible for exemption from\nthe definition of pet dealer pursuant to paragraph (c) and (d) of\nsubdivision four of section four hundred of this article shall be\nregistered by the department pursuant to the provisions of this section.\nSuch registration shall be renewable annually and be accompanied by a\nfee of one hundred dollars.\n 2. Application for registration as set forth in this section shall be\nmade annually to the commissioner on a form prescribed by the\ncommissioner. The applicant shall satisfy the commissioner of his or her\ncharacter and responsibility and shall set forth such information as the\ncommissioner shall require, including but not limited to the following,\nprovided, however a public authority shall not be required to provide\nthe information required by paragraphs (a), (b) and (c) of this\nsubdivision:\n (a) Proof of the applicant's tax exempt designation pursuant to\nparagraph (3) of subsection (c) of section 501 of the federal Internal\nRevenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of\nthe federal Internal Revenue Code, as from time to time amended;\n (b) Proof of the applicant's incorporation as a not-for-profit\norganization in this state pursuant to the not-for-profit corporation\nlaw, provided further that such organization is in good standing with\nthe attorney general and the department of state;\n (c) Proof of the applicant's registration with the attorney general\npursuant to article seven-A of the executive law;\n (d) The name of the applicant and the name or names under which the\napplicant offers its services to the public, any name under which the\napplicant has offered its services to the public during the past five\nyears, and whether the applicant has ever held a license issued pursuant\nto this article;\n (e) The address and telephone number of the applicant and for any\nother premise owned or leased by such applicant's organization to carry\nout the purposes for which it was incorporated and by which it may be\neligible for a licensing exemption pursuant to this section;\n (f) The website and email address of the applicant;\n (g) The number of animals taken in, adopted, placed into permanent or\ntemporary homes, or otherwise transferred into, out of, or within the\nstate by the applicant during the prior calendar year;\n (h) The number of animals currently harbored by the applicant;\n (i) The species of animal the applicant typically harbors for\nadoption, placement or transfer;\n (j) A description of facilities by which the applicant carries out the\npurposes for which it was incorporated, including a statement regarding\nwhether the applicant harbors the animals in its care in its own\nphysical animal shelter or utilizes foster homes, commercial boarding\nkennels or other arrangements; and\n (k) A sworn statement, signed by the applicant, declaring eligibility\nfor a pet dealer licensing exemption pursuant to subdivision four of\nsection four hundred of this article.\n 3. Upon approval by the commissioner, the registration shall be issued\nto the applicant and an exemption from the definition of pet dealer as\ndefined in section four hundred of this article shall be granted.\nWritten approval of such registration shall be provided to the applicant\nby the commissioner and shall be accompanied by a pet dealer exemption\nidentification number, which shall be prominently displayed on the\nregistrant's websites and accompany such registrant's publications or\nadvertisements made available to the public following registration\napproval.\n 4. The commissioner may deny any application for registration as set\nforth in subdivisions one and two of this section or revoke any\nregistration already granted, after written notice to the applicant or\nregistrant and an opportunity to be heard, when:\n (a) Any statement made on the application or to the commissioner found\nto be false or misleading;\n (b) The applicant or registrant, or an officer or director has failed\nto comply with any of the provisions of this section or rules and\nregulations promulgated pursuant to subdivision six of this section;\n (c) The applicant or registrant, or an officer or director has been\nconvicted of a misdemeanor or felony animal cruelty offense by a court\nof the United States or any state or territory thereof, without\nsubsequent pardon by the governor or other appropriate authority of the\nstate or jurisdiction in which such conviction occurred, or receipt of a\ncertificate of relief from disabilities or a certificate of good conduct\npursuant to article twenty-three of the correction law;\n (d) The applicant or registrant is determined by the commissioner to\nbe in violation of the department's dog and cat importation regulations\npursuant to 1 NYCRR Part 65;\n (e) The applicant or registrant is determined by the commissioner to\nbe in violation of section twenty-one hundred forty-one of the public\nhealth law or any rule or regulation promulgated thereunder by the\ncommissioner of health;\n (f) The applicant or registrant, or an officer or director has been\nresponsible in whole or in part for any act on account of which an\napplication for registration may be denied or a registration cancelled\npursuant to the provisions of this article; and\n (g) The applicant or registrant was previously licensed as a pet\ndealer pursuant to this article.\n 5. Any person receiving an exemption pursuant to this section shall be\nsubject to the provisions prescribed in subdivision two of section four\nhundred six of this article for any violation of this section, provided\nfurther that whenever there shall be a violation of this section,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this section has occurred, the court may impose a civil\npenalty of not less than one hundred dollars and not more than one\nthousand dollars. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n 6. The commissioner is hereby authorized to promulgate rules and\nregulations concerning the application, registration and revocation\nprocess described in this section.\n * NB Repealed December 15, 2025\n