State Legislature passes bill banning sale of dogs, cats and rabbits by retail pet shops

A bill that would ban the sale of dogs, cats and rabbits by retail pet shops in New York has passed both houses of the State Legislature and awaits the governor’s signature.

The “Puppy Mill Pipeline” bill takes aim at commercial breeding facilities — typically located outside the state — by closing an important pipeline for the pets they breed in conditions animal advocates describe as cruel and inhumane. New York is currently one of the largest markets for commercial breeding facilities, according to the American Society for the Prevention of Cruelty to Animals.

“Breeding dogs in these facilities are often kept in crowded cages their entire lives without adequate shelter, veterinary care, food or socialization. They are not pets; their only value is to produce puppies who are shipped and sold to pet stores,” the ASPCA said in a press release. “These puppies can suffer severe health and behavioral issues – and families are often unprepared for the financial loss and heartbreak that come with buying a sick puppy.”

If signed by Gov. Kathy Hochul, the law will take effect one year from the date it is signed.

The Town of Riverhead last year banned the sale of commercially bred dogs, cats and rabbits. The local law, introduced by Councilman Ken Rothwell, requires that stores offering dogs, cats and rabbits for sale prove the animals came from animal shelters, animal control agencies, humane societies or nonprofit rescue groups registered with New York State. The new law will not affect adoption procedures at local animal shelters, nor will it prevent individuals from dealing directly with breeders.

The owners of two pet stores in Riverhead, Puppy Experience in Aquebogue and Sportsman’s Kennel in Manorville, quickly filed lawsuits challenging the town law and seeking to permanently enjoin its enforcement. A pet dealers trade organization, People United to Protect Pet Integrity, or P.U.P.P.I, joined the suit brought by the owners of The Puppy Experience.

The lawsuits claim the town is pre-empted by state law, which, though it allows municipalities to regulate pet dealers, prohibits local regulation from “essentially banning all sales of dogs or cats raised and maintained in a healthy and safe manner.”

Both of the pet dealers who sued the town argue that they source pets only from dealers who breed and raise them in a healthy and safe manner. Both deny dealing with unreputable “puppy mill” breeders. The owner of Sportsman’s Kennels, which breeds on site, denies violating state or federal rules and regulations.

Both lawsuits remain pending.

If the bipartisan bill passed by the legislature is signed into law and survives the legal challenges sure to follow its enactment, it will do statewide what town government sought to do locally.

Assemblymembers Fred Thiele (I-Sag Harbor) and Jodi Giglio (R-Baiting Hollow) and State Senator Anthony Palumbo (R-New Suffolk) supported the legislation, which was sponsored by Assemblymember Linda Rosenthal (D-Manhattan) and State Senator Michael Gianaris (D-Astoria.)