N.Y. General Business Law § 752: Definitions

§ 752. 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. For purposes of section seven hundred fifty-three of this article,

a "pet dealer" shall mean any person who, in the ordinary course of

business, 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 of animals who sell or offer for sale animals directly to a

consumer but it shall not include any retail pet shop as defined in

subdivision eight of this section, any municipal pound or shelter

established and maintained pursuant to subdivision one of section one

hundred fourteen of the agriculture and markets law and duly licensed as

an animal shelter pursuant to article twenty-six-C of the agriculture

and markets law, or 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 that is tax exempt 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 duly

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

agriculture and markets law. For purposes of sections seven hundred

fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c

and seven hundred fifty-three-d of this article, "pet dealer" shall mean

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 animals; but 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

breeders residential premises.

(b) Any municipal pound or shelter established and maintained pursuant

to subdivision one of section one hundred fourteen of the agriculture

and markets law and duly licensed as an animal shelter pursuant to

article twenty-six-C of the agriculture and markets law.

(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 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

the agriculture and markets law.

(d) Any retail pet shop as defined in subdivision eight of this

section.

4. "Commissioner" shall mean the commissioner of agriculture and

markets.

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

association, municipality, or other legal entity.

6. "Nonelective surgical procedure" means a surgical procedure that is

necessary to preserve or restore the health of an animal, to prevent an

animal from experiencing pain or discomfort, or to correct a condition

that would interfere with an animal's ability to walk, run, jump, or

otherwise function in a normal manner.

7. "Clinically ill" means an illness that is apparent to a

veterinarian based on observation, examination, or testing of an animal

or upon review of the medical records relating to the animal.

8. "Retail pet shop" means any for-profit place of business that sells

or offers for sale animals to be kept as household pets, pet food or

supplies, but shall not include breeders who sell or offer to sell

directly to the consumer animals that are born and raised on the

breeder's residential premises.