NY Gen Bus L § 752 (2021)
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.