2021 New York Laws
GBS - General Business
Article 35-D - Sale of Dogs and Cats
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  municipal  pound  or  shelter
established  and  maintained  pursuant to subdivision one of section one
hundred fourteen 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  is  registered  with  the
department pursuant to section four hundred eight 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.
  (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
registered with the department pursuant to section four hundred eight of
the agriculture and markets law.
  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.