2013 New York Consolidated Laws
GBS - General Business
Article 35-C - (750 - 750-W) OPERATION OF PET CEMETERIES AND PET CREMATORIUMS
750-A - Definitions.


NY Gen Bus L § 750-A (2012) What's This?
 
    §  750-a.  Definitions.  As  used  in this article, unless the context
  requires otherwise:
    1. "Person" means an individual,  corporation,  company,  partnership,
  municipality, not-for-profit corporation or any other entity whatsoever.
    2.  "Licensee"  means a person as herein defined licensed to engage in
  the business of operating a pet cemetery or pet crematorium  under  this
  article.
    3. "To engage for a fee in the business of operating a pet cemetery or
  pet  crematorium"  means  and  refers  to  a person who holds himself or
  herself out directly or indirectly, as being  able,  or  who  offers  or
  undertakes,  by  any means or method, to dispose of pet remains by earth
  burial, entombment, inurnment, cremation or other means.
    4. "License fee" and "renewal fee" mean the fees required to accompany
  an application for issuance of any  license,  including  any  temporary,
  apprentice  or renewal license, pursuant to this article. Such fee shall
  be non-refundable.
    5. "Pet cemetery"  means  any  land,  place,  structure,  facility  or
  building provided by any person for a fee, whether or not for profit, to
  veterinarians  or  members of the general public for use, or reservation
  for use, for the permanent interment or inurnment above or below  ground
  of pet remains. Provided, however, this definition shall not apply to:
    (a)  rendering  plants  licensed  pursuant  to  article  five-C of the
  agriculture and markets law, or
    (b) a landfill or other disposal facility at which solid waste, or its
  residue after treatment, is intentionally placed  and  at  which,  solid
  waste shall remain indefinitely.
    6.  "Pet  crematorium"  means  any land, place, structure, facility or
  building provided by any person for a fee, whether or not for profit, to
  veterinarians or members of the general  public  for  the  cremation  of
  pets.  However,  a  pet  crematorium  shall  not  provide  for permanent
  interment  or  inurnment  of  pet  remains.  Provided,   however,   this
  definition  shall not apply to facilities designed for resource recovery
  as defined in section 27-0701 of  the  environmental  conservation  law.
  Provided  further,  that  it  shall  not  include  any disposal facility
  regulated  under  title  fifteen  of   article   twenty-seven   of   the
  environmental conservation law that is primarily engaged in incineration
  of medical waste.
    7.  "Pet"  means any domestic animal that has been adapted or tamed to
  live in intimate association with people but is not  limited  to,  dogs,
  cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits.
    8.  "Pet owner" means the person who is listed as the owner of the pet
  in veterinary records or pet cemetery or crematorium records or  his  or
  her  agent or employee. In the event that such pet owner is a minor then
  a parent or legal guardian or his or her  agent  or  employee  shall  be
  deemed  the pet owner for the purposes of the pet disposal form required
  in section seven hundred fifty-s of this article.
    9. "Individual burial" means the interment of a single  pet's  remains
  in  a separate grave. However, nothing in this section shall prevent the
  interment of more than one pet in a grave with the  written  consent  of
  the pet owner.
    10.  "Mass  burial" means the interment of pet remains communally in a
  grave containing more than one pet.
    11. "Individual cremation" means  the  cremation  of  a  single  pet's
  remains  in  a  separate  receptacle  that  allows the pet's cremains to
  remain separate from the cremains of other pets.
    12. "Mass cremation" means the  cremation  of  pets  communally  in  a
  receptacle containing more than one pet.

    13.  "Veterinarian" means a person licensed to practice the profession
  of veterinary medicine as defined by section sixty-seven hundred one  of
  the education law.
    14. "Entombment" means the placement of a pet in a grave or tomb.
    15. "Inurnment" means the placement of pet cremains in a grave, urn or
  tomb.
    16. "Land used in agricultural production" means such lands as defined
  in  subdivision four of section three hundred one of the agriculture and
  markets law.

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