STATE, CITATION
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SPECIES
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THRESHOLD
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LICENSE
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ADMINISTRATION
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DISTRICT OF COLUMBIA Enacted 2008 D.C. Code § 8-1821.01
1/31/21 Threshold and Administration entries revised.
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Animals
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§ 8–1821.01. Commercial animal breeder license. For the purposes of this section, the term "commercial animal breeder" means any person, firm, organization, or corporation engaged in the operation of breeding and raising more than 25 animals per year for sale or in return for consideration. (Enacted 2008) DC Code § 8-1804.01 Animal Hobby Permit (a) No person shall own or keep 7 or more animals, larger than a guinea pig and over the age of 4 months, without obtaining an animal hobby permit; provided, that this section shall not apply to a licensed pet shop, licensed veterinary hospital, circus or traveling exhibition. (b) An owner of 7 or more animals shall before July 1st of each year or within 10 days of acquiring 7 or more animals obtain the permit required by this section. (c) An owner applying for an animal hobby permit shall fully describe the kind and number of animals to be maintained and the premises where the animals are to be kept. (d) No animal hobby permit shall be issued to: (1) An owner unless the owner has obtained the necessary animal licenses as required by law; (2) An owner who maintains animals for commercial purposes. For purposes of this section, “commercial purposes” shall not include the sale of offspring if such sales are occasional and are not the primary purpose for maintaining the animals. (e) The Mayor shall collect the fees and issue the permits as provided in this section. (f) A holder of an animal hobby permit shall provide his or her animals with adequate care, adequate feed, adequate shelter, adequate space, adequate water, and appropriate veterinary care. (g) A holder of an animal hobby permit shall not permit objectionable odors or noises to disturb the comfort or quiet of any neighborhood. A holder of an animal hobby permit shall not permit a [an] animal to commit a nuisance on public space or property owned by others. (h) The Mayor may revoke an animal hobby permit for failure to comply with the provisions of this section. (Note: 2008 amendment raised 5 animals threshold to 7 animals. DOH permit allows dogs, cats, rabbits.)
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YES
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Standards for the care and management of animals; and Facility inspection requirements. Mayor to establish requirements.
DC Hobby Permit Application 2021 processed by Animal Services Program. The current fee is $25.
Animal Care and Control Facility is operated by the Humane Rescue Alliance under a contract with the District of Columbia
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CALIFORNIA 1991 amended 2001
Note, CA Health & Safety Code reorganization, 1995 SB 1360 did not change substantive provisions of 1991 legislation enacting these statutes.
CA HLTH & S §§ 122045 - 122315
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DOGS ONLY
DOGS, CATS
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Polanco-Lockyer Pet Breeder Warranty Act, applies only to dogs sold, transferred, or given away all or part of three or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises. 2001 AB 161 lowered from 50 dogs/calendar year, never amended in the exclusion from:
Lockyer-Polanco-Farr Pet Protection Act "pet dealer" means a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to have Seller Permit to collect sales tax, but excludes 1 litter and see above. Aimed at pet stores but does include other sellers. (Note, conflicting, problematic issues with this statute beyond scope of this listing. Effective 2019,, retail pet stores were prohibited by statute from selling dogs, and cats (and rabbits) from other than shelters or rescues, and this statute was amended with respect to pet stores. 2020 legislation entirely prohibits pet stores from acquiring for resale.
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NO
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These 2 statutes are consumer protection, disclosure and warranty laws that contain some modest care and facilities requirements and apply only to those meeting thresholds. Violations are civil and must be prosecuted locally.
Polanco-Lockyer care and conditions provisions, DOGS only.
Lockyer-Polanco-Farr Pet Protection Act care and conditions provisions, DOGS and CATS
Effective January 1, 2020, amendments to reflect passage of 2017 AB 485 to restrict pet store sales of covered animals,. ARTICLE 2. Retail Sale of Dogs and Cats [122125 - 122220] - Lockyer-Polanco-Farr Pet Protection Act
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COLORADO 1994
CO ST § 35-80-101 to 17
2014 HB 1270 extended sunset date to 9/1/2019 with amendments. Revised Rules adopted.
2019 SB 158 extended the sunset date to 9/1/2026 with amendments. Revised Rules adopted, effective 10/30/2019
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ANIMALS DOGS, CATS, BIRDS, SMALL ANIMALS
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8 CCR 1202-15
1.10.8. “Dog breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising dogs and that produces more than two litters of puppies or transfers more than 24 dogs per 12-month period.
1.10.6. “Cat breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising cats and that produces more than three litters of kittens or transfers more than 24 cats per 12- month period.
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YES
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8 CO ADC 1201-11 - 25 Colorado Department of Agriculture, Animal Industry Division, Pet Animal Care and Facilities Act (PACFA) program includes Pet Animal Advisory Committee per statute. Program Info
2013 Sunset Review
2018 Sunset Review Pet Animal Care and Facilities Act
RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PET ANIMAL CARE AND FACILITIES ACT, reflecting 2018 Sunset Review and 2019, SB158 8 CCR 1202-15
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CONNECTICUT
CHAPTER 435* DOGS AND OTHER COMPANION ANIMALS. KENNELS AND PET SHOPS
Special Act No. 13-19 AN ACT ESTABLISHING A TASK FORCE CONCERNING THE SALE OF CATS AND DOGS AT PET SHOPS.
6/3/2014 Governor signed PA 14- 77—sSB 445 -
Summary Law is effective 10/1/2014 For current text, See Chapter 435 linked above and annotated version
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DOGS ONLY
CATS added 2014, standards of care only if a "breeding cattery"
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CGS Sec. 22-342. Kennel licenses. Certain breeders to be licensed. Inspection of kennel facilities. Penalties Owner or keeper of a kennel who breeds more than two litters of dogs annually shall apply to the town clerk in the town in which such kennel is located for a kennel license
CGS Sec. 22-344c. Licensure of breeding facilities by towns. If a town requires the licensure of persons keeping ten or more unneutered or unspayed dogs capable of breeding, such persons shall apply to the clerk of the town in which such dogs are located for a license. (Note, this is separate from actual breeding and from state requirement for more than 2 litters. According to a 2013 report to the Legislature, "However, in practice, towns currently issue licenses only under CGS § 22-342, according to the Department of Agriculture (DoAg)." )
PA-77 added to 22-344c new Subsection (e) (e) Not later than December 31, 2014, the Commissioner of Agriculture shall prescribe the standard of care to be provided to dogs or cats, as applicable, by any person who: (1) Keeps ten or more unneutered or unspayed dogs capable of breeding, or (2) owns or operates a breeding cattery. Such standard of care shall be consistent with the standard of care to be provided by an animal importer, as prescribed pursuant to subdivision (6) of subsection (e) of section 22-344.
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YES
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Local government takes application but State Commissioner of Agriculture has jurisdiction over Animal Control (top down model) and issues license (includes local zoning compliance). State statute, violation is class B misdemeanor Regulations of Connecticut State Agencies. Title 22. Agriculture. Department of Agriculture (16). Operations and Maintenance of Commercial Kennels (1970.) Revised: 2015-3-6 facility conditions. CT ADC § 22-344-1 - 15 direct link added 4/4/21 Not later than December 31, 2014, the Commissioner of Agriculture shall prescribe the standard of care to be provided to dogs or cats, as applicable, by any person who: (1) Keeps ten or more unneutered or unspayed dogs capable of breeding, or (2) owns or operates a breeding cattery. Such standard of care shall be consistent with the standard of care to be provided by an animal importer, as prescribed pursuant to subdivision (6) of subsection (e) of section 22-344.
(Animal Importer Information Rev 2-17) Added 4/3/2021
CT eRegulation system new 7/17/15 Link corrected 2/28/2021
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DELAWARE 2009
Delaware Code Annotated, Title 9. Counties. Part I. Provisions Affecting All Counties. Chapter 9. Dogs. Subchapter I. 9 Del.C. § 901 - 919 Effective May 25, 2016, dog laws transferred from Title 9 to TITLE 16 Health and Safety Regulatory Provisions Concerning Public Health CHAPTER 30F. Animal Welfare
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DOGS
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“Retail dog outlet” shall mean any premises where dogs are sold, or offered or maintained for sale, on a retail basis. The term shall not include: a. Dogs which are produced and raised on such premises and are sold, offered or maintained for sale, by a person who resides on such premises; b. The selling of a single litter of puppies or any part thereof during a calendar year; or c. Any publicly operated or private, charitable or nonprofit animal shelter, pound, humane society, or animal rescue organization.
Owner must apply to the Department for a retail dog outlet license on an annual basis
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YES
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Statute mandates counties administer: Retail dog outlet licenses § 904. Specifications for the humane handling, care and treatment of dogs; § 904. Specifications for the humane handling, care and treatment of dogs Transferred to § 3044F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016. Substantive changes from 2009 version.), Specifications for the humane handling, care, and treatment of dogs. (Applies to all dogs.) (Includes kennel licenses when issued: Any person who maintains a kennel wherein more than 4 dogs are kept for show, trial, sale, breeding or other purposes may apply to the county in which the kennel owner resides or its duly authorized agents on a form prescribed by the county for a kennel license in lieu of an individual dog owner license for each dog.) § 3043F. Inspections of facilities and premises; suspension of kennel or retail dog outlet license Note, Pet Warranty law applies only to dogs.
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GEORGIA
O.C.G.A. TITLE 4 Chapter 11
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DOGS, CATS MORE
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Pet Dealer: anyone who sells, offers to sell, or exchanges, or offers for adoption dogs, cats, fish, reptiles, or other animals customarily obtained as pets in this state. More than 1 litter or more than 30 adult animals in a twelve month period, required to obtain a pet dealer's license. (Statute is 30 but Commissioner has authority to reduce numbers.)
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YES
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Georgia Animal Protection Act is administered under regulations: CHAPTER 40-13-13, ANIMAL PROTECTION Licensing, inspection, care and conditions requirements. More info. 2/1/21
Note: No consumer protection law in GA. Historical Reference: Dept of AG Response to Comment re 1998 Rulemaking, Feb 1999
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ILLINOIS
(225 ILCS 605/) Animal Welfare Act.
"An Act to provide for animal welfare by licensing and regulating dealers in animals, and to provide penalties for the violation thereof," Approved August 13, 1965. Amended by Acts effective August 17, 1967, July 23, 1971, August 27, 1971, January 1, 1973, October 1, 1973, and October 1, 1975
(AWA model)ani
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DOGS, CATS
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"A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall NOT" be considered a kennel/cattery operator. Otherwise, license is required if person "sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised"
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YES
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Illinois Department of Agriculture, Bureau of Animal Welfare administers and enforces licensing. TITLE 8: AGRICULTURE AND ANIMALS CHAPTER I: DEPARTMENT OF AGRICULTURE SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS) PART 25 ANIMAL WELFARE ACT
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INDIANA 2009 Effective 1/1/10
IN ST 15-21-1-1 to 15-21-7-1 Indiana Code. Title 15. Agriculture and Animals. Article 21. Commercial Dog Breeder Regulation
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DOGS ONLY
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maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age regardless of ownership, or moving dogs to other premises. (Commercial Broker if selling at least 500 dogs/puppies annually)
INDIANA STATE BOARD OF ANIMAL HEALTH INDIANA COMMERCIAL DOG BREEDER and BROKER PROGRAM GUIDANCE DOCUMENT Version 1.01 January 1, 2010
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YES
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345 IN ADC 14-1-1 - 4 Indiana State Board of Animal Health. Must "register" to license. Annual fee depends on Number of Unaltered Female Dogs at Least 12 Months of Age. Information new 3/2018 Standards of care follow APHIS 9 CFR 3.1 to 3.12. (No advisory body provided) FAQs about Commercial Breeding of Dogs
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IOWA 1974
(AWA model)
IOWA CODE, Chapter 162 CARE OF ANIMALS IN COMMERCIAL ESTABLISHMENTS
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DOGS, CATS
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“Commercial breeder” means a person, engaged in the business of breeding dogs or cats, who sells, exchanges, or leases dogs or cats in return for consideration, or who offers to do so, whether or not the animals are raised, trained, groomed, or boarded by the person. A person who owns or harbors three or fewer breeding males or females is not a commercial breeder. However, a person who breeds any number of breeding male or female greyhounds for the purposes of using them for pari-mutuel wagering at a racetrack as provided in chapter 99D shall be considered a commercial breeder irrespective of whether the person sells, leases, or exchanges the greyhounds for consideration or offers to do so.
By Regulation, special definition:67.2(3) In- home kennel was replaced by a new in home facility definition in 2019 rule making to Rescind 21—Chapter 67 and adopt the new chapter 67, effective 1/8/2020 “In-home facility” means an individual required to be licensed as a boarding kennel, commercial breeder, commercial kennel, or dealer who maintains or harbors animals within the individual’s residence.
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YES
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Must be licensed under Department of Agriculture and Land Stewardship Iowa Administrative Code. Agency 21 Agriculture and Land Stewardship Department. Chapter 67 Animal Welfare.
Animal Welfare Rules, effective 1/8/20
21—67.2(162) Animals included in rules. “Dog,” as that term is used in the rules, includes hybrid dog mixtures. “Animals,” as that term is used in rules relating to boarding kennels, commercial kennels, commercial breeders, dealers, public auctions, animal shelters, and pounds, means dogs and cats. “Animals,” as that term is used in rules relating to pet shops, means dogs, cats, rabbits, rodents, nonhuman primates, birds, fish other than live bait, or other vertebrate animals. This chapter does not apply to livestock as defined in Iowa Code section 717.1 or any other agricultural animal used in agricultural production as provided in Iowa Code chapter 717A.
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KANSAS 1988
KS ST 47-1701 - 1737
Article 17.- PET ANIMAL ACT
2018 HB 2477 Amends KS-ST 47 (fees, inspections, license year)
Kansas Statutes Updated 2019
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ANIMALS (DOGS/CATS)
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“Animal breeder premises” means any premises where all or part of six or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another.
"Retail breeder premises" means any premises where all or part of six or more litters or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at retail and not for resale to another.
“Hobby breeder premises” means any premises where all or part of 3, 4 or 5 litters of dogs or cats, or both, are produced for sale or sold, offered or maintained for sale per license year. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than 30 individual animals.
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YES
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K.A.R. 9-18-1 - 3 Kansas Administrative Regulations. Agency 9. Kansas Animal Health Department Article 18. Animal Facility Inspection Program-License and Registration Fees
Department of Agriculture, Animal Health Division 47-1725a. Kansas pet animal advisory board; duties and powers
Animal Facilities Inspection Program
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LOUISIANA 2010
Acts 2008, No. 894, §1 Acts 2010, No. 92, §1. (2010 HB313 by Representative Gary L. Smith, Jr.)
Revised Statutes 3:2772
Reference revised 12/24/14
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DOGS ONLY
CAP: NO MORE THAN 75 > 1 YR FOR BREEDING
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Any individual or business with five or more dogs and who breeds and sells dogs retail, wholesale, or to the public is required to procure a kennel license and pay a kennel license fee in lieu of the individual dog licenses and license fees provided for herein. The governing body of each municipality or parish may, by ordinance, fix the sum to be paid annually for the kennel license fee, which sum shall be dedicated solely for animal impoundment facilities and be a minimum ... (fee scale minimums in statute) No individual or business that breeds, buys, or sells dogs retail, wholesale, or to the public shall maintain more than seventy-five dogs over the age of one year at any time for breeding purposes.
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YES
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Local government
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MAINE 1991
7 M.R.S.A. § 3931-A, ME ST T.7 § 3931-A
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DOGS, CATS
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The term “kennel” means one pack or collection of dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials and exhibition purposes. The sale or exchange of one litter of puppies within a twelve month period shall not be considered a kennel. Breeding kennel. “Breeding kennel” means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. “Breeding kennel” does not include a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, show, training, sledding, competition, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period. Section 3907 Definitions NOTE: A Dog or cat vendor's license is required to advertise for sale, sell or exchange for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel or breeding kennel license or a valid vendor's license
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YES
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01-001 CMR Ch. 701, § I - IV Department of Agriculture, Food and Rural Resources Animal Welfare Program licenses "kennels" as defined, §3923-C. Kennel license, different from § 3931-A. Breeding kennels §3906-C. Animal Welfare Advisory Council: advise the commissioner on matters pertaining to animal welfare. 14 members appointed by the Governor, designated seats
Single source, revised 12/62019 published by the Animal Welfare Program: Animal Welfare Laws and Regulations
Title 7, Chapter 745: SALE OF DOGS AND CATS 4-A. Seller. "Seller" means the owner or operator of a breeding kennel as defined in section 3907, subsection 8‑A or the owner or operator of a grandfathered pet shop. "Seller" includes animal dealers required to be licensed by the United States Department of Agriculture. "Seller" does not include humane societies, nonprofit organizations performing the functions of humane societies or animal shelters licensed in accordance with section 3932‑A. For purposes of this section, "grandfathered pet shop" has the same meaning as in section 3933. [PL 2019, c. 544, §6 (AMD).]
The Animal Welfare Program administers the licensing programs and has application forms and more available online.
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MARYLAND
MD CRIM LAW § 10-601 - 625;
Revised 3/3/2017 § 13-108. Kennel licenses for breeders, Formerly cited as MD CODE, Art. 24, § 11-501 (enacted 2011)
updated 4/11/19
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DOGS ONLY
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Md. CRIMINAL LAW Code Ann. § 10-616 [TITLE 10. CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES, SUBTITLE 6. CRIMES RELATING TO ANIMALS 10-616. Kennel inspection: Authority to inspect kennels to determine if dogs are being treated inhumanely in violation of this subtitle or other law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises:* (i) where a person is engaged in the business of buying, selling, trading, or breeding dogs; or (ii) of a kennel where 25 or more dogs are kept.
* See statute for excluded types of premises, including hunting dogs.
Md. LOCAL GOVERNMENT Code Ann. § 13-108 § 13-108. Kennel licenses for breeders, required if: (1) owns or has custody of 6 or more unspayed female dogs over the age of 6 months kept for the purpose of breeding the dogs and selling their offspring; or (2) sells dogs from six or more litters in a year.
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NO
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Local government; In Baltimore City, the Baltimore City Health Department; Baltimore County, the Baltimore County Department of Health, Division of Animal Control or an organization that the Baltimore County government approves
Note § 13-108 applies statewide
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MASSACHUSSETS
MA ST 140 § 136A - § 175
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DOGS ONLY
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“Commercial breeder kennel”, an establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration. “Personal kennel”, a pack or collection of more than 4 dogs, 3 months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally- owned dog; and provided further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit.
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YES
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Local Government
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MICHIGAN Act No. 392 Public Acts of 2016 Effective March 29, 2017
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DOGS
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“Large-scale dog breeding kennel” means a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, “housed or kept for the primary purpose of breeding” means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding.
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YES
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State Department of Agriculture and Rural Development promulgates rules. A person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. The department shall charge an annual fee of $500.00 per registration of a large-scale dog breeding kennel. Dept Reporting Duties until 9/30/19 Large-Scale Dog Breeder Provisions
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MINNESOTA 2014 Adds to Minnesota Statutes Chapter 347 (Dogs and Cats)
Effective July 1, 2014
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DOGS, CATS
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A "commercial breeder" is defined "as a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens a year."
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YES Beginning July 1, 2015
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Minnesota Board of Animal Health • Licenses for each facility owned/operated renewed &approved by Board by July 1 annually: annual license fee is $10 per adult intact animal, not to exceed $250. • prominently display their license number at facility and in ads. • Revocation: no reapplication for 2 yrs; 2 revocations OR suspensions, permanent bar. Comply with standards of care. Lic. funds to Dog and Cat Breeders Licensing Account for administration. Board to maintain brdr list on website.
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MISSOURI 1992
L. 1992 S.B. 636 § 1 Animal Care Facilities Act
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ANIMALS
NOTE: 2010 Ballot initiative capped the number of dogs that any person could have for breeding purposes to 50. DELETED by legislation in 2011.
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"Commercial breeder", a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three intact females for the primary purpose of breeding animals for sale "Hobby or show breeder", a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing dogs or cats, improving the breed or selling the dogs or cats, and having no more than ten intact females. Such breeder shall be classified as a hobby or show breeder if such person only sells animals to other breeders or to individuals
NOTE: Parallel AWA, APHIS regs
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YES
Animal Care Facility Program
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State Department of Agriculture 2 Mo. Code of State Regulations 30-9.010 - 9.030, 6/30/2020
273.352. Advisory committee, appointment, qualifications--duties to assist in establishing rules--not to receive compensation or expenses--promulgation of rules--rules invalid, when There is hereby established an advisory committee to assist the director in establishing rules under sections 273.350 and 273.352 and to provide ongoing review of the administration of sections 273.325 to 273.357. The members of the advisory committee shall receive no compensation or reimbursement for their expenses incurred in the performance of their duties. The advisory committee shall consist of thirteen persons appointed by the director as follows:
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NEBRASKA
Commercial Dog and Cat Operator Inspection Act
Amended 2010
NE ST § 14-102; § 15-218 - 220; § 16-206; 16-235; § 17-526, 17-547; § 25-21,236; § 37-525; § 37-705; § 54-601 - 616; § 54-617 - 624; § 54-625 - 650; § 71-4401 - 4412
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DOGS, CATS
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Commercial breeder means any one of the following: •A person who sells, exchanges, leases, or in any way transfers 31 or more dogs or cats in a 12 month period; •A person engaged in the business of breeding dogs or cats who owns or harbors 4 or more dogs or cats, intended for breeding, in a 12 month period; •A person whose dogs or cats produce a total of 4 or more litters within a 12-month period; or •A person who knowingly sells, exchanges, or leases dogs or cats for later retail sale or brokered trading
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YES
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Nebraska Administrative Code. Agriculture, Department of. Title 23: Bureau of Animal Industry. Chapter 18 - Commercial Dog and Cat Operator Inspection Regulations
Commercial Dog & Cat Inspection Program
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NEVADA 1993
Nevada Revised Statutes, CHAPTER 574 - CRUELTY TO ANIMALS: PREVENTION AND PENALTIES
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DOGS, CATS
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“Breeder” defined. “Breeder” means a dealer, operator or other person who is responsible for the operation of a commercial establishment engaged in the business of breeding dogs or cats for sale or trade. The term does not include a person who breeds dogs or cats as a hobby. Commercial (cattery or kennel): 10 >6 mos, NOT including any s/n
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YES
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Local jurisdictions shall enact ordinances requiring each breeder to obtain an annual permit to act as a breeder. Statutory facilities, care, etc. Prohibited Acts.
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NEW HAMPSHIRE
Citation: NH ST § 466:1 - 466:54; 47:17; 207:11 - 207:13b; 210:18; 264:31; 436:99 - 436:109; 437:1 - 2437:2; 437-A:1 - 9; 508:18-a
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DOGS
CATS
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New Hampshire – Statutory history to 2019. Changes made by HB 4, Budget Bill, signed by Governor Sununu, September 26, 2019.
RSA 437:1, IV "Pet vendor" means any person, firm, corporation, or other entity that transfers 25 or more dogs, 25 or more cats, 30 or more ferrets, or 50 or more birds, live animals or birds customarily used as household pets to the public, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire, when transfer to the final owner occurs within New Hampshire, between July 1 and June 30 of each year. Pet vendor also means any person, firm, corporation, or other entity that transfers amphibians, reptiles, fish, or small mammals customarily used as household pets to the public in quantities set in rules adopted by the department, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire between July 1 and June 30 of each year. Nothing in this paragraph shall be construed to alter or affect the municipal zoning regulations that a pet vendor shall conform with under RSA 437:3. 437:7 Exceptions. The license provisions of this subdivision shall not apply to breeders of dogs that do not meet the definition of pet vendor in RSA 437:1, veterinarians, or the transfer of livestock or poultry.
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YES
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Department of Agriculture, Markets, and Food, Division of Animal Industry
See RSA 437 Applications, 1/14/19 Note, outdated RSA 437.1 on website, see current statutes at Laws and Rules 1/25/19
Commercial Kennel Application, revised 2015
Commercial Kennel Application (2011)
(Chapter 437, Chapter 437. Sale of Pets and Disposition of Unclaimed Animals. Sale of Animals and Birds)
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NEW JERSEY New Jersey Code TITLE 4 - AGRICULTURE AND DOMESTIC ANIMALS
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DOGS
|
N.J.S.A. 4:19-15.8 (a), operators of kennels, pet shops, shelters and pounds (animal facilities) must apply annually to the municipality for a license, and each license issued shall expire on June 30th of each year. Kennels are defined as, “any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except for a pet shop.”
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YES
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Factors in municipal determination if breeding kennel operation is a business: regular and purposeful breeding; routine sale of dogs or puppies to the public; signs, websites, and advertisements; having a business name and tax identification number; and separate kennel-type housing for the dogs, as opposed to pets living in the owner’s home. Guidelines for Municipal Licensure of Animal Facilities NJ v Weitz - explanation of law
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NEW YORK 2001
Agriculture & Markets Law, Article 26-A
2014 Bill A00740A signed by Governor 1/10/14
|
DOGS, CATS
|
Any person who engages in the sale or offers to sell more than nine (9) dogs and/or cats per year to the public or Any person who engages in the sale of more than twenty five (25) dogs and/or cats, (born and raised on their premise) per year to the public.
2014 - added Section 753-d to General Business Law Municipalities cannot restrict local enforcement of Art 26-A; but can enact more restrictive laws but not to "essentially result in the banning of all sales of dogs or cats raised and maintained in a healthy and safe manner" and penalty limited to civil fine not more than $500.00.
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YES
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New York State Department of Agriculture & Markets
Pet Dealers - Comprehensive Information
Shelter and Rescue Registration
Links Revised, 3/29/2020
Pet Dealer Licensing Program Guidelines, March 2013
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NORTH CAROLINA 1977
North Carolina General Statutes Chapter 19A. Protection of Animals. Article 3. Animal Welfare Act.
(AWA Model)
|
DOGS, CATS
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"Dealer" means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility; provided, however, that an individual who breeds and raises on his own premises no more than the offspring of five canine or feline females per year, unless bred and raised specifically for research purposes shall not be considered to be a dealer for the purposes of this Article.
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YES
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NC Animal Welfare Administrative Code, SUBCHAPTER 52J ‑ ANIMAL WELFARE SECTION North Carolina Department of Agriculture & Consumer Services lists pet dealers in the categories requiring licenses but currently has no information or materials for Dealers. Additional information at Veterinary Division, Animal Welfare Section including applications for shelters, boarding kennels and pet shops or auctions. NC Animal Welfare Administrative Code
Revised 2/7/2021
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OHIO 2012 2012 Sub. S. B. No. 130 Amended 2016, SB 331 Amended 2018, HB 506 Amended 2019, HB 166 revised Ohio Revised Code starting page 327 through 334
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DOGS ONLY
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Amended 2018, HB 506: “High volume breeder” means an establishment that keeps, houses, and maintains six or more breeding dogs and does at least one of the following: (1) In return for a fee or other consideration, sells five or more adult dogs or puppies in any calendar year to dog brokers or pet stores; (2) In return for a fee or other consideration, sells forty or more puppies in any calendar year to the public; or (3) Keeps, houses, and maintains, at any given time in a calendar year, more than forty puppies that are under four months of age, that have been bred on the premises of the establishment, and that have been primarily kept, house , and maintained from birth on the premises of the establishment. “Breeding dog” means an unspayed adult female dog that is primarily used for producing offspring.
Original defintion, 2012 SG 130: "High volume breeder" means an establishment that keeps, houses, and maintains adult breeding dogs that produce at least nine litters of puppies in any given calendar year and, in return for a fee or other consideration, sells sixty or more adult dogs or puppies per calendar year. "Breeding dog" means an unneutered, unspayed dog that is primarily harbored or housed on property that is the dog's primary residence. Statute includes a unique, specific definition of rescue and requires dog rescues to register, report information on foster homes used.
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YES
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Sec. 956.03. The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following: (A) Requirements and procedures governing high volume breeders, including the licensing and inspection of and record keeping by high volume breeders, in addition to the requirements and procedures established in this chapter. High volume dog breeder information, application process. 956.17 creates Commercial Dog Breeding Advisory Board: State Vet + 6 designated, Gov appted w/advise/Consent of Senate.
Note: 2019 HB 166 made changes to Sec. 953.01 expressly excluding from the definition of "pet store" a "high volume breeder or any other dog breeder that maintains and sells dogs from the same premises where the dogs are bred and reared." (Page 328 of HB 166.)
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OKLAHOMA 2010 Amended 2012
Oklahoma Statutes Annotated. Title 4. Animals. Chapter 1A. Commercial Pet Breeders Act of 2012
NOTE: the title later became the Commercial Pet Breeders and Animal Shelter Licensing Act
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DOGS, CATS
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“Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses eleven or more intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration.
“Noncommercial breeder” means any individual, entity, association, trust, or corporation who possesses ten or fewer intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;
"Adult animal:" intact female animal twelve (12) months of age or older
"Intact Female Animal" means a female animal, nine (9) months of age or older, and not spayed
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YES: COMMERCIAL PET BREEDERS
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State Board of Agriculture (previously, the Act was under the authority of the State Board of Veterinary Medical Examiners, Board of Commercial Pet Breeders, in Title 59.)
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OREGON 2009 Effective 1/1/10
OR ST 167.310 - 390
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DOGS ONLY Cap: No more than 50 dogs, >2yrs old
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ORS 167.374(2) A person may not possess, control or otherwise have charge of at the same time more than 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age. Specific requirements for rebuttal Section (3.) Rev 8/19 http://www.oregonlaws.org/ors/167.374 "Dog Breeders" standards of care for "A person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care as defined in ORS 167.310" http://www.oregonlaws.org/ors/167.376
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NO
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State Statute Only, violations are Class B Misdemeanors "a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation:
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PENNSYLVANIA 1982
AMENDED 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 3. Agriculture. Chapter 8. Dogs. Dog Law Links added 3/6/2020
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DOGS ONLY
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Definitions "commercial kennel" is a kennel that breeds or whelps dogs and; (1) sells or transfers any dog to a dealer or pet shop kennel; or (2) sells or transfers more than 60 dogs per calendar year.
“Private kennel.” A kennel not meeting the definition of “commercial kennel” where dogs are kept or bred by their owner, for the purpose of hunting, tracking and exhibiting in dog shows, performance events or field and obedience trials.
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YES
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Secretary of Agriculture via Dog Wardens enforce animal cruelty § 459-901. Enforcement of this act by the secretary; provisions for inspections c) Advisory board.-- ]The secretary shall appoint a Dog Law Advisory Board to advise the secretary in the administration of this act. The board shall consist of the following, who shall either be a resident of this Commonwealth or an organization of this Commonwealth Regulations (Chapter 21) Bureau of Dog Law Enforcement responsibilities: welfare of breeding dogs and puppies in commercial breeding kennels; dangerous dogs, annual dog licensure, and dog rabies vaccinations.
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RHODE ISLAND
West's General Laws of Rhode Island Annotated. Title 4. Animals and Animal Husbandry.
CHAPTER 4-19. Animal Care
Revised 2/27/17
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DOGS, CATS
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“Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility, or who breeds dogs and/or cats for the purpose of selling or donating to another dealer or pet shop, or research facility. (AWA model) “Breeder” means a person engaged in the propagation of purebred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American kennel club, American field stud book, or a registered cat breed association. “Hobby breeder” those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the limits set forth in § 4-25-1 (4). Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a pet shop. § 4- 19-2 (23) "Pet shop" means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises and does not exceed the limits set forth in § 4-25-1(4).
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YES
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No person shall be a dealer, as defined in this chapter, after the first day of the fiscal year unless a license to deal has been granted by the director to that person.
Administered by Department of Environmental Management Rulemaking authority and authority to adopt AWA standards
(Note: dogs-only warranty statute, no care provisions: “Seller” means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Rhode Island law. § 4-25-1(4) Persons selling fewer than twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter.
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SOUTH DAKOTA 2006 HB 1181 South Dakota Statutes Chapter 40-1-41
2017 HB 1159, repeals § 40-1-41, effective 7/1/17
Revised 8/10/17
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DOGS, CATS
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Inspection of commercial breeding operation for dogs and cats. Repealed by 2017 HB 1159: A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.
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NO
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TENNESSEE 2009 SUNSET PROVISION 6/30/2014 TN ST § 44-17-701 - 715, T. C. A. § 44-17-701 - 715 Commercial Breeder Act
HB 2285/SB2468: As introduced, deletes the provision that terminates the Commercial Breeder Act on June 30, 2014. - Amends Chapter 591 of the Public Acts of 200. These bills have failed. Fiscal Note
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DOGS, CATS
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“Commercial breeder” means any person who possesses or maintains, under the person’s immediate control, twenty (20) or more unsterilized adult female dogs or cats in this state for the purpose of selling the offspring as companion animals
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YES
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TN ADC 1200-33-01-.01 - .09 Commercial Breeders Regulations, statute expired. Comparison of Actual and Estimated Fiscal Note Impacts Presentation to Fiscal Review Committee 9/18/12 Entire Report See pages 8-10
NOTE: Tennessee Statutes, Title 44, Animals And Animal Husbandry Chapter 17 Dogs and Cats . Part 1 Dog and Cat Dealers covers narrow definitions of "Dealers who must be annually licensed and subject to regulations. These involve only buys, sells, transports or delivers to research; buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale; or buys or sells at flea markets.
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TEXAS 2011
Occupations Code, Title 4. Professions Related to Animals Chapter 802
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DOGS, CATS
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"Dog or cat breeder" means a person who possesses 11 or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration and who sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year.
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YES
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Administered by Texas Department of Licensing and Regulation Care, conditions, more. Category is "Licensed Breeders"
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VERMONT 1989
20 V.S.A. § 3511 - 3513; 3541 - 3817, 3901 - 3915, 4301 - 4304; 10 V.S.A.§ 5001 - 5007, § 4748
2013 Act No. 30 An act relating to the sale, transfer, or importation of pets.
Effective July 1, 2013
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DOGS, CATS & MORE
When applicable: "animals" or for kennel permit: domestic pets or wolf hybrids 4 months or older kept for breeding purposes
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Amendment details, effective 7/1/13: “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in section 3901 of this title. Pet Dealer applies to the municipal clerk in local jurisdiction where covered animals are kept for a Pet Dealer Permit; $25; shall allow inspections (scheduled in advance) of the pet dealer’s premises pursuant to section 3682 of this title as a condition of receiving and retaining the permit; expires March 31; on residential premises, inspection limited to animal care areas; photo/video only on written consent of permit holder
PREVIOUS PROVISIONS, SUPERSEDED BY ABOVE: "Pet dealer" means any person, firm, partnership or corporation, or a representative or agent, who engages in the sale of more than one litter of animals per year or two or more animals over six months of age to consumers for monetary consideration. Breeders of animals who sell animals to the public are included in this definition; except that duly incorporated humane societies or animal shelters which make animals available for adoption are exempt. Kennel Permit required: owner or keeper of two or more domestic pets or wolf-hybrids four months of age or older kept for sale or for breeding purposes, except for his or her own use, shall apply to the municipal clerk of the town or city in which the domestic pets or wolf- hybrids are kept for a kennel permit
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YES
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Local administration of kennel permits, subject to Vermont Administrative Code. Title 2. Department of Agriculture. Subtitle 4. Division of Food Safety and Consumer Protection. Animal Health Section. Rule 300. Animal Welfare Regulations, including Part 3. Standards Subpart A. Specifications for Handling, Care, Treatment, and Transportation of Dogs and Cats.
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VIRGINIA 2008 Effective 1/1/09
VA ST § 3.2-5900 - 6590; § 29.1-516.
Enacted by 2008 H 538, for legislative file, see.
Revised 2/8/2021
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DOGS ONLY CAP: No more than 30 adult females, during any 12 mos, primary purpose sale of offspring
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"Commercial dog breeder" means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring provided that a person who breeds an animal regulated under federal law as a research animal shall not be deemed to be a commercial dog breeder.
§ 3.2-6507.2. Commercial dog breeding; requirements. Includes, shall "Maintain no more than 50 dogs over the age of one year at any time for breeding purposes. However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing. Any such ordinance may include additional requirements for commercial breeding operations "
§ 3.2-6507.3. Right of entry. by "The Commissioner, the State Veterinarian or his assistant, any animal control officer, and any public health or safety official employed by the locality where a commercial dog breeder resides or maintains breeding operations"
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YES
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LOCAL - § 3.2-6507.1. Business license required No commercial dog breeder shall breed dogs in the Commonwealth without a valid business license issued by any locality, as applicable, where he maintains dogs for the purpose of commercial dog breeding.
Violation of state statute, Class 1 Misdemeanor Inspection & duty to assist inspector any time during daylight hours.
VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Animal Care Office of Veterinary Services manages the Virginia Department of Agriculture and Consumer Service’s animal care mandates.
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WASHINGTON 2009 Effective 1/1/10
WA ST 16.52.010 - 320
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DOGS ONLY
CAP: No more than 50 intact, > 6 mos.
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"Any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs with intact sexual organs over the age of six months and keeps the dogs in an enclosure for the majority of the day must at a minimum..." meet requirements and standards.
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NO
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State statute only, violations are gross misdemeanors
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WEST VIRGINIA 2013 Effective 7/13/13 SB 437 completed 4/12/13, signed by Governor, 5/3/13
Code of West Virginia adds new §19-20-26 Commercial dog-breeding operations.
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DOGS ONLY
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"Commercial dog breeder" maintains eleven or more unsterilized dogs over the age of one year for the exclusive purpose of actively breeding and is engaged in the business of breeding dogs as household pets for direct or indirect sale or for exchange in return for consideration; and shall not include: (i) Any person who keeps or breeds dogs exclusively for the purpose of herding or guarding livestock or farm animals, hunting, tracking or exhibiting in dog shows, performance events or field and obedience trials; and (ii) With respect to greyhound dogs only, any person who holds an occupational permit from, and has registered a greyhound kennel name with, the West Virginia Racing Commission. Class 1 - 11-30 unsterilized dogs > 1 yr old Class 2 - over 30 unsterilized dogs > 1 yr old
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Yes LOCAL Specified local business cert.; business license and local annual permit to operate
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Local license fees limited by statute: Class 1, not > $250 Class 2, not > $500 Statute includes care, conditions and facilities requirements. Violations are misdemeanors, fine not over $1,000. Judicial discretion: "improvement" period up to 1 yr, possible dismissal of charges.
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WISCONSIN 2009
2009 Act 90, § 3, eff. Dec. 16, 2009
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DOGS ONLY
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c) "Dog breeder" means a person who sells 25 or more dogs in a year that the person has bred and raised, except that "dog breeder" does not include a person who sells 25 or more dogs in a year that the person has bred and raised if all of those dogs are from no more than 3 litters.
(d) "Dog breeding facility" means a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year, except that "dog breeding facility" does not include a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year if all of the dogs that are sold in a year are from no more than 3 litters.
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YES
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Department of Agriculture, Trade and Consumer Protection.
2020 proposed rule regarding Dog Sellers and Dog Facility Operators to evaluate whether to change fee amounts for dog sellers and dog facility operators. These fees include license fees and reinspection fees. The program revenue is insufficient to recover costs. The department would form an advisory group to assist in writing the proposed rule. Approved by Governor, 7/1/2020 NOTE: As of license year 2020, there are 471 licensed dog sellers
Wisconsin Administrative Code, Chapter ATCP 16, DOG SELLERS AND DOG FACILITY OPERATORS
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