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This entry was published on 2014-09-22
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SECTION 750-A
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 35-C
§ 750-a. Definitions. As used in this article, unless the context
requires otherwise:

1. "Person" means an individual, corporation, company, partnership,
municipality, not-for-profit corporation or any other entity whatsoever.

2. "Licensee" means a person as herein defined licensed to engage in
the business of operating a pet cemetery or pet crematorium under this
article.

3. "To engage for a fee in the business of operating a pet cemetery or
pet crematorium" means and refers to a person who holds himself or
herself out directly or indirectly, as being able, or who offers or
undertakes, by any means or method, to dispose of pet remains by earth
burial, entombment, inurnment, cremation or other means.

4. "License fee" and "renewal fee" mean the fees required to accompany
an application for issuance of any license, including any temporary,
apprentice or renewal license, pursuant to this article. Such fee shall
be non-refundable.

5. "Pet cemetery" means any land, place, structure, facility or
building provided by any person for a fee, whether or not for profit, to
veterinarians or members of the general public for use, or reservation
for use, for the permanent interment or inurnment above or below ground
of pet remains. Provided, however, this definition shall not apply to:

(a) rendering plants licensed pursuant to article five-C of the
agriculture and markets law, or

(b) a landfill or other disposal facility at which solid waste, or its
residue after treatment, is intentionally placed and at which, solid
waste shall remain indefinitely.

6. "Pet crematorium" means any land, place, structure, facility or
building provided by any person for a fee, whether or not for profit, to
veterinarians or members of the general public for the cremation of
pets. However, a pet crematorium shall not provide for permanent
interment or inurnment of pet remains. Provided, however, this
definition shall not apply to facilities designed for resource recovery
as defined in section 27-0701 of the environmental conservation law.
Provided further, that it shall not include any disposal facility
regulated under title fifteen of article twenty-seven of the
environmental conservation law that is primarily engaged in incineration
of medical waste.

7. "Pet" means any domestic animal that has been adapted or tamed to
live in intimate association with people but is not limited to, dogs,
cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits.

8. "Pet owner" means the person who is listed as the owner of the pet
in veterinary records or pet cemetery or crematorium records or his or
her agent or employee. In the event that such pet owner is a minor then
a parent or legal guardian or his or her agent or employee shall be
deemed the pet owner for the purposes of the pet disposal form required
in section seven hundred fifty-s of this article.

9. "Individual burial" means the interment of a single pet's remains
in a separate grave. However, nothing in this section shall prevent the
interment of more than one pet in a grave with the written consent of
the pet owner.

10. "Mass burial" means the interment of pet remains communally in a
grave containing more than one pet.

11. "Individual cremation" means the cremation of a single pet's
remains in a separate receptacle that allows the pet's cremains to
remain separate from the cremains of other pets.

12. "Mass cremation" means the cremation of pets communally in a
receptacle containing more than one pet.

13. "Veterinarian" means a person licensed to practice the profession
of veterinary medicine as defined by section sixty-seven hundred one of
the education law.

14. "Entombment" means the placement of a pet in a grave or tomb.

15. "Inurnment" means the placement of pet cremains in a grave, urn or
tomb.

16. "Land used in agricultural production" means such lands as defined
in subdivision four of section three hundred one of the agriculture and
markets law.