Lawmaker Voices Concerns Over Pet Store Ban; Animal Advocates Disagree

SUFFOLK COUNTY, NY — New York State Assemblywoman Jodi Giglio is taking a stand against a bill, signed into law by Gov. Kathy Hochul in 2022 and scheduled to take effect this year, that would ban the sale of dogs, cats and rabbits in pet stores.

Giglio wrote to Hochul to ask for a delay in the day the legislation would take effect, stating that she felt the ban was “catastrophically misguided.”

Giglio believes the legislation would “devastate the local economy and result in significant job losses without a solution to the problem of ‘puppy mills’.”

Legislation aimed at curbing unlawful, unethical pet sourcing from “puppy mills” and unhealthy breeding practices is an “overly broad measure that unfairly penalizes responsible pet store owners and employees who are critical to the community while fueling an underground black market where people will turn to find their companion animals,” she said.

During a recent press conference, Giglio said that what she believes is a “well-intentioned bill” does not account for the significant number of pet stores that already follow “the strictest standards for sourcing their animals.”

New York State Agriculture and Markets licenses and highly regulates these businesses, she said; law-abiding pet stores work with licensed, reputable, humane breeders to ensure the health and well-being of the animals in their care.

“A blanket ban on pet sales will force these responsible pet stores out of business and put their employees out of work, creating an unnecessary burden on our community and economy while fueling puppy mills and a black market where roadside sales are already happening,” Giglio said.

Instead, Giglio reintroduced an alternative piece of legislation, which she first put forth in 2020 to 2022, to amend the education law, the agriculture and markets law and the general business law (A.6560-A of 2021-2022). The bill, she said, “takes a balanced approach to animal welfare by focusing on transparency, accountability and consumer protection.”

She added that the bill she put forth requires veterinarians to disclose the cause of death for certain companion animals, authorizes inspections of pet dealers’ facilities following certain animal deaths, and mandates the Department of Agriculture and Markets develop a public rating system for pet dealers so consumers know the store’s reputation. Additionally, she said, the bill seeks to protect consumers by requiring pet dealers to reimburse them if an animal dies within six months of purchase.

Animal advocate John Di Leonardo, president and executive director of Humane Long Island, spoke out against Giglio’s proposed legislation.

“New York has spoken and pet dealers have had two years to stop selling factory-raised dogs, cats, and bunnies. Those doggies in the pet shop window frequently begin their lives on factory farms where they’re abducted from their mothers prematurely, exposed to diseases, and treated like disposable inventory for a quick buck while nearly 70 million dogs and cats suffer from homelessness in the United States at any given time,” he said.

Di Leonardo added: “Ending the puppy mill pipeline to New York promotes adoption and reputable rescues, while protecting animals and consumers from unscrupulous pet dealers who can’t tell the difference between selling a dog toy and selling a life. It also supports the countless small businesses that have already evolved to no longer sell animals from commercial breeding facilities and instead showcase homeless pets for adoptions and focus sales on a range of pet-related products and supplies.”

In 2022, animal advocates rejoiced as Hochul signed the legislation to end the “puppy mill pipeline” in New York.

The measure prohibits the sale of dogs, cats, and rabbits by retail pet shops while allowing pet stores to partner with rescue organizations to showcase adoptable animals. As Patch previously reported, advocates and shelters, including Humane Long Island, had urged the governor to immediately sign Assemblymember Linda Rosenthal and Senator Michael Gianaris’ bill.

Hochul signed the legislation in December, 2022; the law aims to end the puppy mill-to-pet store pipeline and prevent abusive breeding, she said. Based upon an agreement with the legislature, the law will take effect in 2024, and will also allow pet stores to charge shelters rent to use their space for adoptions.

“Dogs, cats and rabbits across New York deserve loving homes and humane treatment,” Hochul said. “I’m proud to sign this legislation, which will take meaningful steps to cut down on harsh treatment and protect the welfare of animals across the state.”

The legislation aims to prevent the buying and selling of animals from large-scale, abusive breeders that lack proper veterinary care, food or socialization, Hochul said. Often, the animals have health issues resulting from poor breeding and can cost families thousands of dollars in veterinary care.

Pet stores will be allowed to host adoption services in conjunction with animal shelters or rescue organizations to help connect people with animals in need of a home, Hochul said.

“Today is a great day for our four-legged friends and a big step forward in our fight against abusive and inhumane puppy mills,” Gianaris said. “My thanks to Governor Hochul for standing up for the voiceless loving animals who are members of our families and deserve the respect we’ve shown them today.”

Rosenthal said added: “New York State will no longer allow brutally inhumane puppy mills around the country to supply our pet stores and earn a profit off animal cruelty and unsuspecting consumers.”

In the days before the signing, animal advocates rallied to urge Hochul to sign the proposed “Puppy Mill Pipeline” bill on her desk “just in time for Christmas,” they said.

Barbara Dennihy, the New York State director of the Companion Animal Protection Society, added at the time: “Shutting down the puppy mill to pet store pipeline will save countless animals from suffering. Over the last 10 years, CAPS has investigated every pet shop in New York – originally 100 and now 60 – and many of the puppy and kitten mills selling to them. . . The enactment of a statewide retail ban on the sale of dogs, cats, and rabbits at pet shops will have a profound impact on this cruel industry and will inspire more states to follow suit.”

Her organizations created a documentary on what she said were reports of cases of consumer fraud, and “inhumane, abhorrent conditions at the mills. . . . The enactment of a statewide retail ban on the sale of dogs, cats, and rabbits at pet shops will have a profound impact on this cruel industry and will inspire more states to follow suit.”

In September, 2022, Long Island animal advocates and elected officials also teamed up to implore Hochul to sign the”Puppy Mill Pipeline” legislation.

The Animal Rescue Fund of the Hamptons was joined at an event by representatives of the Kent Animal Shelter and the Southampton Animal Shelter Foundation to urge Hochul to sign the bill.

In the spring of 2022, in a show of bi-partisan support, both the New York Assembly and Senate signed the legislation — S1130 and A4283.

Some pet store owners have voiced opposition to the measure.

Jessica Selmer of Selmer’s Pet Land in Huntington Station said in 2022 she is pro-rescue and the dogs she sells come from reputable breeders. However, the law signed by Hochul, could put her store out of business, according to Fox 5 New York