2022 New York Laws
AGM - Agriculture and Markets
Article 26-A - Care of Animals by Pet Dealers
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;
  * NB Effective until December 15, 2024
  * (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;
  * NB Effective December 15, 2024 until December 15, 2025
  * (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;
  * NB Effective December 15, 2025
  * (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
registered with the department pursuant to section four hundred eight of
this article; and
  * NB Effective until December 15, 2024
  * (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
registered with the department pursuant to section four hundred eight of
this article; and
  * NB Effective December 15, 2024 until December 15, 2025
  * (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
  * NB Effective December 15, 2025
  * (d) Any public authority providing shelter services for the care  of
unwanted  animals  or its subsidiary that is wholly created for the sole
purpose of providing such services.
  * NB There are 2 par (d)'s
  * (d) Any retail pet shop as defined in subdivision eight  of  section
seven hundred fifty-two of the general business law.
  * NB Effective December 15, 2024
  * NB There are 2 par (d)'s