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N.Y. Gen. Bus. Law § 752

Definitions

Showing this section's text as in effect on January 1, 2018 (in force January 1, 2018 – January 1, 2023). View current text →

§ 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 municipal pound or shelter\nestablished and maintained pursuant to subdivision one of section one\nhundred fourteen of the agriculture and markets law, or any duly\nincorporated society for the prevention of cruelty to animals, duly\nincorporated humane society, duly incorporated animal protective\nassociation or other duly incorporated animal adoption or animal rescue\norganization that is tax exempt pursuant to paragraph (3) of subsection\n(c) of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501,\nor any subsequent corresponding sections of the federal Internal Revenue\nCode, as from time to time amended, that is registered with the\ndepartment pursuant to section four hundred eight of the agriculture and\nmarkets law. For purposes of sections seven hundred fifty-three-a, seven\nhundred fifty-three-b, seven hundred fifty-three-c and seven hundred\nfifty-three-d of this article, "pet dealer" shall mean any person who\nengages in the sale or offering for sale of more than nine animals per\nyear for profit to the public. Such definition shall include breeders\nwho sell animals; but it shall not include the following:\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.\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\nregistered with the department pursuant to section four hundred eight of\nthe agriculture and markets law.\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

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.