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Current as of January 01, 2024 | Updated by FindLaw Staff
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. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.
4. “Pet Dealer” means 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 or offer to sell animals; provided that 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 breeder's residential premises;
(b) [Eff. until Dec. 15, 2024. See, also, pars. (b) below.] Any municipal pound or shelter dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged, established and maintained pursuant to subdivision one of section one hundred fourteen of this chapter;
(b) [Eff. Dec. 15, 2024 until Dec. 15, 2025. See, also, pars. (b) above and below.] Any municipal pound or shelter dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged, established and maintained pursuant to subdivision one of section one hundred fourteen of this chapter;
(b) [Eff. Dec. 15, 2025. See, also, pars. (b) above.] Any municipal pound or shelter dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged, established and maintained pursuant to subdivision one of section one hundred fourteen of this chapter, and that is duly licensed as an animal shelter pursuant to article twenty-six-C of this chapter;
(c) [Eff. until Dec. 15, 2024. See, also, pars. (c) below.] 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 dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged 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 this article; and
(c) [Eff. Dec. 15, 2024 until Dec. 15, 2025. See, also, pars. (c) above and below.] 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 dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged 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 this article; and
(c) [Eff. Dec. 15, 2025. See, also, pars. (c) above.] 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 dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged 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 this chapter; and
(d) [As added by L.2022, c. 553, § 6. See, also, par. (d) below.] Any public authority providing shelter services for the care of unwanted animals or its subsidiary that is wholly created for the sole purpose of providing such services.
(d) [Eff. Dec. 15, 2024. As added by L.2022, c. 681, § 2. See, also, par. (d) above.] Any retail pet shop as defined in subdivision eight of section seven hundred fifty-two of the general business law.
Cite this article: FindLaw.com - New York Consolidated Laws, Agriculture and Markets Law - AGM § 400. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/ny/agriculture-and-markets-law/agm-sect-400/
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