Rules Prohibiting Sale of Dogs, Cats and Rabbits by Pet Shops

Online comments: 4

• Nancy E Elgin

  I am writing to thank you for proposing to add guinea pigs to the rule prohibiting the sale of dogs, cats, and rabbits in New York City. Guinea pigs are sensitive, inquisitive creatures whose lives are just as important as those of the dogs, cats, and rabbits who are also waiting in animal shelters for homes. Adoption is the kindest way for all animals to secure forever homes.

  Thank you for making New York City a kinder home for everyone.

  Comment added November 6, 2025 8:04am

• Steven Gruber

  This comment concerns the proposal by the New York City Department of Health and Mental Hygiene to repeal and re-enact Chapter 5 of the Title 24 of the Rules of the City of New York to align with amendments to State and local laws that prohibit pet shops from selling or offering for sale dogs, cats or rabbits. The proposed rule also adds provisions governing the prohibition against the sale or offering for sale of guinea pigs pursuant to local law.

  The Mayor’s Alliance for NYC’s Animals has, since 2003, worked collaboratively with the city’s animal welfare community to reduce the number of pets entering New York City’s animal control shelters. One of the most effective means of reducing the burden on the City’s shelters is by curbing the pipeline of animals entering the shelter by prohibiting pet stores from selling animals that are most likely to end up at the shelters, including dogs, cats, rabbits, and guinea pigs.

  We have supported previous legislation to ban the sale of dogs, cats, rabbits, and guinea pigs in New York City. Now, we support this most recent proposal to repeal and re-enact Chapter 5 of the Title 24 of the Rules of the City of New York to align with amendments to State and local laws that prohibit pet shops from selling or offering for sale dogs, cats, or rabbits and the proposal’s provisions governing the prohibition against the sale or offering for sale of guinea pigs.

  We thank the Department of Health and Mental Hygiene’s for its efforts to coordinate the rules of State and local law to protect dogs, cats, rabbits, and now, guinea pigs, and thereby help reduce the flow of homeless animals into our overburdened Animal Care Centers of NYC.

  Thank you.

  Comment attachment
  Testimony-by-Mayors-Alliance-for-NYCs-Animals-Repeal-and-re-enact-Chapter-5.docx

  Comment added November 11, 2025 9:09am

• Natasha Martinez

  I’m writing to share my gratitude in the efforts made to reenact Chapter 5 of Title 24. I am 100% in support of it as I’ve seen firsthand the poor attention, care and blatant disregard for the health and wellbeing of animals in pet shops throughout NYC. I’ve known people who have purchased animals in pet shops simply to literally rescue them from the deplorable conditions they were in. I was quite close to doing the same thing. These shop keepers and employees don’t seem to know or even want to try to care for pet shop animals in a humane manner. One would think kind caring treatment would help promote sales. Clearly pet shops are better off being retailers for pet goods and not pet purchasing. Leave that to places that care for animals and can offer wellness, fostering and adoption/rescuing… a business that can offer humane supervision.

  Comment added December 3, 2025 10:32am

• C. James Robert von Scholz SC

  BY WEBSITE SUBMISSION / NO HARDCOPY SENT:
  https://rules.cityofnewyork.us/rule/rules-prohibiting-sale-of-dogs-cats-and-rabbits-by-pet-shops/

  Submitted to: New York City Department of Health and Mental Hygiene
  Attn: Office of General Counsel
  Re: Formal Comment on Proposed Repeal and Re-enactment of Chapter 5 Prohibiting the Sale of Dogs, Cats, Rabbits, and Guinea Pigs by Pet Shops
  Rulemaking Reference: DOHMH-164

  To Whom It May Concern:

  I submit this comment as a registered representative before the Office of Administrative Trials and Hearings with long experience in enforcement, compliance, and record-based adjudication across multiple City agencies.

  The proposed repeal and re-enactment of Chapter 5 is necessary to align the Health Code with current State and local law and to provide a clear and enforceable regulatory structure.

  I. Benefits to Consumers

  1. Removal of a high-risk retail channel. Retail pet shops have been a recurring source of incomplete or inaccurate veterinary and sourcing documentation. OATH matters involving these businesses show consistent defects such as missing vaccination histories, unverifiable origin statements, and outdated health records. Eliminating retail sales closes a channel that has generated documented consumer injury.

  2. Reduction of early veterinary costs. Animals supplied through high-volume breeding pipelines often require immediate medical intervention due to respiratory illness, gastrointestinal disease, or congenital conditions. In New York City, emergency veterinary treatment during the first days after purchase can range from one to three thousand dollars. Adoption organizations complete these treatments before placement which lowers costs for adopters.

  3. Improvement of public health conditions. Commercial retail environments have been linked to past zoonotic exposures involving ringworm, campylobacter, and other pathogens. Shelters and rescue groups operate with defined quarantine and veterinary protocols that exceed the standards found in typical retail settings.

  4. Preservation of public access to companion animals. The proposed rule allows pet shops to host animals from registered shelters or rescue groups. Consumers retain access to companion animals through a safer and regulated placement structure.

  II. Benefits to Animals

  1. Reduction in demand for commercial breeding mills. Retail outlets have long served as distribution points for high-volume breeders whose practices fall below humane standards. Removing the retail outlet reduces demand for animals produced under these conditions.

  2. Stabilized adoption outcomes. Shelters and rescue groups follow structured adoption protocols, behavioral screening, and veterinary checks. These measures reduce the likelihood of surrender and improve stability after placement.

  3. Full medical and custody traceability. Organizations regulated under Agriculture and Markets Law § 408 maintain documented medical records and transparent custody histories. This level of documentation supports long-term animal welfare.

  4. Elimination of display-driven harm. Retail display cages create avoidable stress, limit proper socialization, and increase disease spread. The proposed rule ends those conditions.

  III. Administrative Law Considerations

  1. Statutory alignment. General Business Law § 753-f and Local Law 132 of 2024 already prohibit these retail sales. The Department’s proposal harmonizes the Health Code with these mandates and removes obsolete permit categories.

  2. Clear enforceability. The enforcement structure mirrors existing penalty authority under Administrative Code §§ 17-1707 and 17-1708. The availability of seizure and forfeiture supports consistent adjudication before OATH.

  Reduced administrative burden. Eliminating outdated permit classifications streamlines oversight and focuses enforcement resources on current statutory requirements.

  IV. Stakeholder Considerations

  1. Transition for pet shops. Businesses that previously relied on selling dogs, cats, rabbits, or guinea pigs will need to transition to goods-and-services models supported by adoption partnerships. Comparable jurisdictions have achieved this without destabilizing the retail sector.

  2. Enforcement vigilance. Some operators may attempt informal or off-book transfers. Routine inspections and consistent summons issuance will deter unlawful conduct.

  3. Public education. A short public notice clarifying that State and local law already prohibit retail sales would help limit consumer misunderstanding.

  V. Conclusion

  The proposed rule is necessary, enforceable, and beneficial to consumers, animals, and the public.

  It aligns municipal regulations with State law, removes outdated provisions, improves public health protections, and supports stable adoption pathways.

  Adoption without modification is appropriate.

  Thank you for the opportunity to comment.

  Respectfully Submitted:
  /s/ C. James Robert von Scholz
  C. James Robert von Scholz SC
  Dir. Tel. +1.212.444.2670
  Dir. Fax. +1.212.590.6136
  Email : [email protected]

  Comment attachment
  DOHMH-164-12042025.pdf

  Comment added December 4, 2025 8:21am