N.Y. Agriculture & Markets Law Section 420
Definitions


For purposes of this article, the following terms shall have the following meanings:

1.

“Adoption” means the transfer of legal ownership to and possession by any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog or cat, owned by the animal shelter regardless of whether a fee is involved.

2.

“Adult” shall mean cats and dogs five months of age and older, for the purposes of determining appropriate housing within an animal shelter.

3.

“Animal” shall mean a dog or cat as defined in this section, but shall not be construed to diminish or restrict the mission of any animal shelter defined in this section or other entity duly incorporated pursuant to section fourteen hundred three of the not-for-profit corporation law solely to the care of dogs or cats.

4.

“Air handling system” shall mean the device or equipment used to regulate, circulate, exchange, heat, and/or cool the air inside a building.

5.

“Ambient temperature” shall mean the temperature of the environment inside a room or building.

6.

“Animal shelter” shall mean a public or not-for-profit entity owning, operating, or otherwise maintaining a building, structure, or facility where temporary or permanent housing and care is provided to stray, abandoned, abused, seized, impounded, owner-surrendered or otherwise unwanted animals regardless of whether or not such facility also serves as a personal residence. This includes but is not limited to: facilities owned, operated, or maintained by a duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society dog or cat protective association, or pound; any person in the employ of, or organization operated by or under contract to a municipality to provide care for seized or impounded animals; or any other not-for-profit organization involved in the protection, care, or rehoming of animals. Unless otherwise provided in this article, the term “animal shelter” shall not include the personal residence of any foster care provider as defined in this section; a facility commonly known as a boarding kennel, where the ownership of the animal is not transferred; any entity licensed as a pet dealer pursuant to article 26-A (Care of Animals By Pet Dealers)article twenty-six-A of this chapter; any duly incorporated animal hospital owned, operated or supervised by a duly licensed veterinarian; or any facility where the owner or operator is licensed by the New York state department of environmental conservation as a nuisance wildlife control agent or wildlife rehabilitator.

7.

“Aseptic” shall mean procedures or techniques performed in a manner sufficient to exclude harmful bacteria, viruses, or other microorganisms.

8.

“Behavioral evaluation” shall mean an ordered series of interactions with an animal to determine their behavioral response to various stimuli likely to be encountered in a typical home environment.

9.

“Cat” shall mean any member of the species Felis catus, regardless of age, sex, breed, ownership status or behavior around humans.

10.

“Chemical capture” shall mean the use of drugs administered to an animal by a remote delivery system in order to immobilize it for the purposes of capture.

11.

“Cleaning” shall mean the physical removal of debris and organic material from an environment.

12.

“Conspecific” shall mean another member of the same species.

13.

“Control pole” shall mean a restraint device consisting of a rigid metal pole with an adjustable wire noose used for handling and restraint of dogs, also commonly referred to as a catch pole or rabies pole.

14.

“Death”, for the purposes of describing the disposition of an animal, shall mean those animals who die but are not euthanized, regardless of cause.

15.

“Disinfection” shall mean the process where microorganisms are killed or inactivated, typically through the application of a chemical or by some physical process (e.g. steam, heat, etc).

16.

“Dog” shall mean any member of the species Canis lupis familiaris, regardless of age, sex, breed, ownership status, or behavior around humans.

17.

“Drop boxes” shall mean unattended enclosures at an animal shelter that are accessible to the public and used to contain animals brought to the animal shelter outside of regular business hours.

18.

“Enclosure” shall be defined as an area of confinement used for housing a single animal or group of animals housed together. An enclosure may be a cage, run, kennel, room, or other such confining area.

19.

“Enriched” shall mean environment that reduces stress and promotes the physical health and behavioral well-being of an animal.

20.

“Enrichment” shall mean a process for improving the environment and behavioral care of confined animals in order to reduce stress and improve well-being. Enrichment shall include, but not be limited to, providing physical and mental stimulation, encouraging species-typical behaviors, and modifying the animal’s housing environment.

21.

“Foster care provider” shall mean any individual voluntarily providing temporary care for one or more animals in their home that remain in the custody and under the responsibility of an animal shelter.

22.

“Infectious disease” shall mean a disease or condition caused by bacteria, viruses, fungi or parasites that can be transmitted, directly or indirectly, from one animal or individual to another.

23.

“Intracardiac” shall mean an injection made directly into one of the chambers of the heart.

24.

“Intrahepatic” shall mean an injection made into the liver.

25.

“Intrarenal” shall mean an injection made into the kidney.

26.

“Intrasplenic” shall mean an injection made into the spleen.

27.

“Juvenile” shall mean any cat or dog between two and five months of age for the purposes of determining appropriate housing within an animal shelter.

28.

“Loss” for the purposes of describing the disposition of an animal, shall mean those animals who escape or go missing while in the care of an animal shelter.

29.

“Long-term stay” shall mean any duration of care in an animal shelter of fourteen days or longer.

30.

“Neonate” shall mean any cat or dog less than two months of age, for the purposes of determining appropriate housing within an animal shelter.

31.

“Pathogen” shall mean a biologic organism capable of causing disease in an animal, such as a bacteria, virus, or fungus.

32.

“Primary enclosure” shall mean the area of confinement used for housing an animal and where the animal spends the majority of its time in an animal shelter.

33.

“Thermoregulation” shall mean the ability of an animal to maintain its internal body temperature within a normal physiologic range.

34.

“Transport” shall mean the physical movement of an animal from one location to another, regardless of purpose and whether or not custody or responsibility for such animal changes as a result, when carried out by the shelter or an agent thereof.

35.

“Transfer” shall mean the transfer of ownership and physical custody of an animal for an animal’s care and well-being from an animal shelter to another organization as authorized pursuant to subdivision five of § 374 (Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept)section three hundred seventy-four of this chapter.

36.

“Unenveloped virus” shall mean those viruses without an outer lipid layer that are more difficult to inactivate through sanitation procedures. Unenveloped viruses of concern in an animal shelter environment include canine and feline parvoviruses, feline calicivirus, and canine adenovirus-2.

37.

“Zoonotic” shall mean any disease that may be transmitted between humans and animals. * NB Effective December 15, 2025

Source: Section 420 — Definitions, https://www.­nysenate.­gov/legislation/laws/AGM/420 (updated Dec. 23, 2022; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Dec. 23, 2022

§ 420’s source at nysenate​.gov

Link Style