N.Y.
Agriculture & Markets Law Section 400
Definitions
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) 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 § 114 (Pounds and shelters)section one hundred fourteen of this chapter; * NB Effective until December 15, 2024 * (b) 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 § 114 (Pounds and shelters)section one hundred fourteen of this chapter; * NB Effective December 15, 2024 until December 15, 2025 * (b) 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 § 114 (Pounds and shelters)section one hundred fourteen of this chapter, and that is duly licensed as an animal shelter pursuant to article 26-C (Regulation of Animal Shelters)article twenty-six-C of this chapter; * NB Effective December 15, 2025 * (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 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 § 408 (Exemption of certain entities from the definition of pet dealer)section four hundred eight of this article; and * NB Effective until December 15, 2024 * (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 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 § 408 (Exemption of certain entities from the definition of pet dealer)section four hundred eight of this article; and * NB Effective December 15, 2024 until December 15, 2025 * (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 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 26-C (Regulation of Animal Shelters)article twenty-six-C of this chapter; and * NB Effective December 15, 2025 * (d) 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. * NB There are 2 par (d)’s * (d) Any retail pet shop as defined in subdivision eight of General Business Law § 752 (Definitions)section seven hundred fifty-two of the general business law. * NB Effective December 15, 2024 * NB There are 2 par (d)’s
Source:
Section 400 — Definitions, https://www.nysenate.gov/legislation/laws/AGM/400 (updated Mar. 10, 2023; accessed Apr. 20, 2024).
