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This entry was published on 2023-03-10
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SECTION 752
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 35-D
§ 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, 2023

** 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