§ 753-F — Sale of dogs, cats and rabbits prohibited

§ 753-f. Sale of dogs, cats and rabbits prohibited. 1. A retail pet\nshop as defined in this article shall not sell, lease, offer to lease,\noffer to sell, barter, auction, or otherwise transfer ownership of any\ndog, cat or rabbit. This section shall not be construed to prohibit a\nretail pet shop from collaborating with the following entities to\nprovide space to showcase dogs, cats or rabbits owned by such entities\nfor the purpose of adoption; any duly incorporated society for the\nprevention of cruelty to animals, duly incorporated humane society, duly\nincorporated animal protective association or other duly incorporated\nanimal adoption or animal rescue organization that:\n (a) is exempt from taxes pursuant to paragraph (3) of subsection (c)\nof section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or\nany subsequent corresponding sections of the federal Internal Revenue\nCode, as from time to time amended;\n (b) is registered with the department pursuant to section four hundred\neight of the agriculture and markets law;\n (c) is not affiliated with, or housed on the premises of a breeder or\nbroker that does not obtain dogs, cats or rabbits from a breeder or\nbroker in exchange for payment or compensation; and\n (d) does not resell dogs, cats or rabbits obtained from a breeder or\nbroker or provide payment or compensation to such breeder or broker.\n 2. This section shall not prohibit a retail pet shop from receiving a\nreasonable rental fee for space to showcase dogs, cats or rabbits for\nadoption at such retail pet shop.\n