752 - Definitions.

§ 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  duly  incorporated  humane  societies  dedicated  to  the  care  of  unwanted  animals  which make such animals  available for adoption whether  or  not  a  fee  for  such  adoption  is  charged.  For  purposes  of  sections seven hundred fifty-three-a, seven  hundred  fifty-three-b,  seven  hundred  fifty-three-c,  seven   hundred  fifty-three-d  and  seven  hundred  fifty-three-e  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;  provided  that  a  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 shall not be considered a pet dealer as a result of  selling  or  offering  to  sell  such animals. Such definition shall not  include duly incorporated humane societies  dedicated  to  the  care  of  unwanted  animals which make such animals available for adoption whether  or not a fee for such adoption is charged.    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.