N.Y. Agriculture & Markets Law § 400: Definitions

§ 400. Definitions. As used in this article:

1. "Animal" means a dog or a cat.

2. "Consumer" means any individual purchasing an animal from a pet

dealer. A pet dealer shall not be considered a consumer.

3. "Person" means any individual, corporation, partnership,

association, municipality, or other legal entity.

4. "Pet Dealer" means any person who engages in the sale or offering

for sale of more than nine animals per year for profit to the public.

Such definition shall include breeders who sell or offer to sell

animals; provided that it shall not include the following:

(a) Any breeder who sells or offers to sell directly to the consumer

fewer than twenty-five animals per year that are born and raised on the

breeder's residential premises;

(b) Any municipal pound or shelter dedicated to the care of unwanted

animals which makes such animals available for adoption whether or not a

fee for such adoption is charged, established and maintained pursuant to

subdivision one of section one hundred fourteen of this chapter, and

that is duly licensed as an animal shelter pursuant to article

twenty-six-C of this chapter;

(c) Any duly incorporated society for the prevention of cruelty to

animals, duly incorporated humane society, duly incorporated animal

protective association or other duly incorporated animal adoption or

animal rescue organization dedicated to the care of unwanted animals

which makes such animals available for adoption whether or not a fee for

such adoption is charged that is exempt from taxes pursuant to paragraph

(3) of subsection (c) of section 501 of the federal Internal Revenue

Code, 26 U.S.C. 501, or any subsequent corresponding sections of the

federal Internal Revenue Code, as from time to time amended, that is

duly licensed as an animal shelter pursuant to article twenty-six-C of

this chapter; and

(d) Any public authority providing shelter services for the care of

unwanted animals.

(e) Any retail pet shop as defined in subdivision eight of section

seven hundred fifty-two of the general business law.