§ 752 — Definitions

§ 752. Definitions. As used in this article:\n 1. "Animal" means a dog or a cat.\n 2. "Consumer" means any individual purchasing an animal from a pet\ndealer. A pet dealer shall not be considered a consumer.\n 3. For purposes of section seven hundred fifty-three of this article,\na "pet dealer" shall mean any person who, in the ordinary course of\nbusiness, engages in the sale or offering for sale of more than nine\nanimals per year for profit to the public. Such definition shall include\nbreeders of animals who sell or offer for sale animals directly to a\nconsumer but it shall not include any retail pet shop as defined in\nsubdivision eight of this section, any municipal pound or shelter\nestablished and maintained pursuant to subdivision one of section one\nhundred fourteen of the agriculture and markets law and duly licensed as\nan animal shelter pursuant to article twenty-six-C of the agriculture\nand markets law, or any duly incorporated society for the prevention of\ncruelty to animals, duly incorporated humane society, duly incorporated\nanimal protective association or other duly incorporated animal adoption\nor animal rescue organization that is tax exempt pursuant to paragraph\n(3) of subsection (c) of section 501 of the federal Internal Revenue\nCode, 26 U.S.C. 501, or any subsequent corresponding sections of the\nfederal Internal Revenue Code, as from time to time amended, that duly\nlicensed as an animal shelter pursuant to article twenty-six-C of the\nagriculture and markets law. For purposes of sections seven hundred\nfifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c\nand seven hundred fifty-three-d of this article, "pet dealer" shall mean\nany person who engages in the sale or offering for sale of more than\nnine animals per year for profit to the public. Such definition shall\ninclude breeders who sell animals; but it shall not include the\nfollowing:\n (a) Any breeder who sells or offers to sell directly to the consumer\nfewer than twenty-five animals per year that are born and raised on the\nbreeders residential premises.\n (b) Any municipal pound or shelter established and maintained pursuant\nto subdivision one of section one hundred fourteen of the agriculture\nand markets law and duly licensed as an animal shelter pursuant to\narticle twenty-six-C of the agriculture and markets law.\n (c) Any duly incorporated society for the prevention of cruelty to\nanimals, duly incorporated humane society, duly incorporated animal\nprotective association or other duly incorporated animal adoption or\nanimal rescue organization that is exempt from taxes pursuant to\nparagraph (3) of subsection (c) of section 501 of the federal Internal\nRevenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of\nthe federal Internal Revenue Code, as from time to time amended, that is\nduly licensed as an animal shelter pursuant to article twenty-six-C of\nthe agriculture and markets law.\n (d) Any retail pet shop as defined in subdivision eight of this\nsection.\n 4. "Commissioner" shall mean the commissioner of agriculture and\nmarkets.\n 5. "Person" means any individual, corporation, partnership,\nassociation, municipality, or other legal entity.\n 6. "Nonelective surgical procedure" means a surgical procedure that is\nnecessary to preserve or restore the health of an animal, to prevent an\nanimal from experiencing pain or discomfort, or to correct a condition\nthat would interfere with an animal's ability to walk, run, jump, or\notherwise function in a normal manner.\n 7. "Clinically ill" means an illness that is apparent to a\nveterinarian based on observation, examination, or testing of an animal\nor upon review of the medical records relating to the animal.\n 8. "Retail pet shop" means any for-profit place of business that sells\nor offers for sale animals to be kept as household pets, pet food or\nsupplies, but shall not include breeders who sell or offer to sell\ndirectly to the consumer animals that are born and raised on the\nbreeder's residential premises.\n