2023 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:
* NB Effective until December 15, 2024
* 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,  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:
* NB Effective December 15, 2024
(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.
* (d) Any retail pet shop as defined  in  subdivision  eight  of  this
section.
* NB Effective December 15, 2024
** NB Effective until December 15, 2025
** 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.
** NB Effective December 15, 2025
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.
* NB Effective December 15, 2024