A group of pet advocates and retailers are mobilizing to stop a New York state law that will soon ban pet stores from selling puppies, kittens, and bunnies.
The Puppy Mill Pipeline Act (N.Y. General Business Law 753-f) is set to take effect on Dec. 15. It was signed into law in December 2022 by Gov. Kathy Hochul, a Democrat.
The Virginia-based national organization Pet Advocacy Network (PAN) and six retailers have filed a lawsuit seeking an injunction against the law. Their complaint, filed in the Supreme Court of Suffolk County on Nov. 27, said the measure targets “compliant businesses” and will “needlessly and unconstitutionally end the retail pet sale industry in New York.”
Pet retailers were given two years to comply.
A sponsor of the legislation, Assemblywoman Linda Rosenthal, a Democrat, said in a press release, “This law will spare countless animals the abuse and disease they suffer in puppy mills and will protect consumers as well.”
In a Nov. 22, 2024 press release, New York Attorney General Letitia James, a Democrat, warned pet store owners of the approaching deadline and said they could face penalties of $1,000 for each violation.
The press release said the act “prohibits retail pet shops from selling, leasing, or transferring ownership of dogs, cats, or rabbits.”
“Pet stores may still partner with registered, nonprofit animal rescue organizations to showcase animals available for adoption.
“The law allows pet stores to collect reasonable rental fees from rescue groups for space to showcase pets for adoption.”
Supporters of the ban said it is a more fundamental way to reduce animal abuse in the state.
“If you shut down puppy mills in New York State, the pet stores will buy animals from out-of-state puppy mills,” Harry Hovel, chairman of the New York State Humane Association told The Epoch Times.
“Banning the retail sale of dogs, cats, and rabbits by pet stores is the only effective way of getting to puppy mills. They are very bad places. The new law has the potential to prevent a lot of cruelty.”
Critics of the new pet sales ban said that going after bad operators is a better approach than banning the retail sale of popular pets statewide.
“The so-called ‘Puppy Mill Pipeline Law’ takes away longstanding protections for pet owners and leaves New Yorkers more vulnerable to fraudulent sellers on the unregulated black market, while doing nothing to stop bad breeders,” PAN CEO Mike Bober said in a Dec. 10 press release.
Assemblywoman Linda B. Rosenthal (2nd L) urges New York Gov. Andrew M. Cuomo to sign bill A. 740-A, which allows municipalities to regulate the source of animals sold at pet stores and the conditions of breeding facilities, on the steps of New York City Hall on Nov. 1, 2013. Samira Bouaou/Epoch Times
“The effects are already being seen, as beloved small businesses that have served New York communities for decades are closing across the state.”
The complaint said that by banning a lawful and regulated business that has operated under strict guidelines for several decades, the new law will “advance the growth of illegal markets.”
According to the complaint, the new law would strip the stores of “their primary revenue source,” and the ban would also adversely impact breeders, landlords, employees, and consumers, as the stores are forced to close.
One of the plaintiffs, Westchester & Manhattan Puppies, faces “imminent closure … and will need to lay off 25 employees,” the complaint said.
According to the complaint, the new law does not provide any compensation to the pet store owners for financial losses expected from the ban, and the money generated from renting store space to shelters so they can showcase their animals for adoption is “impractical and insufficient” to offset the expected losses.
A Regulatory Taking
In addition to the injunction to block implementation of the new law, plaintiffs are also seeking a declaratory judgment establishing that the new law violates the due process clause of the New York Constitution and that it constitutes an unlawful regulatory taking without just compensation.
The court was also asked to declare that the deprivation of the use of property, without any form of just compensation, is also illegal under the Fifth and 14th Amendments to the U.S. Constitution.
Steven Kovac
Reporter
Steven Kovac reports for The Epoch Times from Michigan. He is a general news reporter who has covered topics related to rising consumer prices to election security issues. He can be reached at [email protected]
New York Pet Stores Sue to Continue Selling Dogs, Cats, and Bunnies
A group of pet advocates and retailers are mobilizing to stop a New York state law that will soon ban pet stores from selling puppies, kittens, and bunnies.
The Virginia-based national organization Pet Advocacy Network (PAN) and six retailers have filed a lawsuit seeking an injunction against the law. Their complaint, filed in the Supreme Court of Suffolk County on Nov. 27, said the measure targets “compliant businesses” and will “needlessly and unconstitutionally end the retail pet sale industry in New York.”
Pet retailers were given two years to comply.
The press release said the act “prohibits retail pet shops from selling, leasing, or transferring ownership of dogs, cats, or rabbits.”
“Pet stores may still partner with registered, nonprofit animal rescue organizations to showcase animals available for adoption.
“The law allows pet stores to collect reasonable rental fees from rescue groups for space to showcase pets for adoption.”
Supporters of the ban said it is a more fundamental way to reduce animal abuse in the state.
“If you shut down puppy mills in New York State, the pet stores will buy animals from out-of-state puppy mills,” Harry Hovel, chairman of the New York State Humane Association told The Epoch Times.
“Banning the retail sale of dogs, cats, and rabbits by pet stores is the only effective way of getting to puppy mills. They are very bad places. The new law has the potential to prevent a lot of cruelty.”
Critics of the new pet sales ban said that going after bad operators is a better approach than banning the retail sale of popular pets statewide.
“The effects are already being seen, as beloved small businesses that have served New York communities for decades are closing across the state.”
The complaint said that by banning a lawful and regulated business that has operated under strict guidelines for several decades, the new law will “advance the growth of illegal markets.”
According to the complaint, the new law would strip the stores of “their primary revenue source,” and the ban would also adversely impact breeders, landlords, employees, and consumers, as the stores are forced to close.
One of the plaintiffs, Westchester & Manhattan Puppies, faces “imminent closure … and will need to lay off 25 employees,” the complaint said.
A Regulatory Taking
In addition to the injunction to block implementation of the new law, plaintiffs are also seeking a declaratory judgment establishing that the new law violates the due process clause of the New York Constitution and that it constitutes an unlawful regulatory taking without just compensation.The court was also asked to declare that the deprivation of the use of property, without any form of just compensation, is also illegal under the Fifth and 14th Amendments to the U.S. Constitution.
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