STATE, CITATION
|
SPECIES
|
THRESHOLD
|
LICENSE
|
ADMINISTRATION
|
DISTRICT OF COLUMBIA
Enacted 2008
D.C. Code § 8-1821.01
1/31/21 Threshold and
Administration entries revised.
|
Animals
|
§ 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.)
|
YES
|
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
|
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
|
DOGS ONLY
DOGS, CATS
|
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.
|
NO
|
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
|
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
|
ANIMALS
DOGS, CATS,
BIRDS, SMALL
ANIMALS
|
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.
|
YES
|
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
|
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
|
DOGS ONLY
CATS added 2014,
standards of care
only if a "breeding
cattery"
|
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.
|
YES
|
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
|
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
|
DOGS
|
“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
|
YES
|
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.
|
GEORGIA
O.C.G.A. TITLE 4 Chapter 11
|
DOGS, CATS
MORE
|
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.)
|
YES
|
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
|
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
|
DOGS, CATS
|
"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"
|
YES
|
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
|
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
|
DOGS ONLY
|
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
|
YES
|
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
|
IOWA
1974
(AWA model)
IOWA CODE, Chapter 162
CARE OF ANIMALS IN
COMMERCIAL
ESTABLISHMENTS
|
DOGS, CATS
|
“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.
|
YES
|
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.
|
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
|
ANIMALS
(DOGS/CATS)
|
“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.
|
YES
|
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
|
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
|
DOGS
ONLY
CAP: NO
MORE THAN 75 > 1
YR FOR BREEDING
|
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.
|
YES
|
Local government
|
MAINE
1991
7 M.R.S.A. § 3931-A, ME ST T.7 §
3931-A
|
DOGS, CATS
|
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
|
YES
|
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.
|
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
|
DOGS ONLY
|
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.
|
NO
|
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
|
MASSACHUSSETS
MA ST 140 § 136A - § 175
|
DOGS ONLY
|
“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.
|
YES
|
Local Government
|
MICHIGAN
Act No. 392
Public Acts of 2016
Effective March 29, 2017
|
DOGS
|
“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.
|
YES
|
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
|
MINNESOTA
2014
Adds to Minnesota Statutes
Chapter 347 (Dogs and Cats)
Effective July 1, 2014
|
DOGS, CATS
|
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."
|
YES
Beginning July 1, 2015
|
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.
|
MISSOURI
1992
L. 1992 S.B. 636 § 1
Animal Care Facilities Act
|
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.
|
"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
|
YES
Animal Care Facility
Program
|
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:
|
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
|
DOGS, CATS
|
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
|
YES
|
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
|
NEVADA
1993
Nevada Revised Statutes,
CHAPTER 574 - CRUELTY TO
ANIMALS: PREVENTION AND
PENALTIES
|
DOGS, CATS
|
“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
|
YES
|
Local jurisdictions shall enact ordinances requiring each
breeder to obtain an annual permit to act as a breeder.
Statutory facilities, care, etc. Prohibited Acts.
|
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
|
DOGS
CATS
|
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.
|
YES
|
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)
|
NEW JERSEY
New Jersey Code
TITLE 4 - AGRICULTURE AND
DOMESTIC ANIMALS
|
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.”
|
YES
|
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
|
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.
|
YES
|
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
|
NORTH CAROLINA
1977
North Carolina General Statutes
Chapter 19A. Protection of
Animals. Article 3. Animal Welfare
Act.
(AWA Model)
|
DOGS, CATS
|
"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.
|
YES
|
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
|
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
|
DOGS
ONLY
|
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.
|
YES
|
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.)
|
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
|
DOGS, CATS
|
“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
|
YES:
COMMERCIAL PET
BREEDERS
|
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.)
|
OREGON
2009
Effective 1/1/10
OR ST 167.310 - 390
|
DOGS
ONLY
Cap: No more than
50 dogs, >2yrs old
|
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
|
NO
|
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:
|
PENNSYLVANIA
1982
AMENDED 2008
Purdon's Pennsylvania Statutes
and Consolidated Statutes. Title 3.
Agriculture. Chapter 8. Dogs. Dog
Law
Links added 3/6/2020
|
DOGS ONLY
|
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.
|
YES
|
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.
|
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
|
DOGS, CATS
|
“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).
|
YES
|
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.
|
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
|
DOGS, CATS
|
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.
|
NO
|
|
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
|
DOGS, CATS
|
“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
|
YES
|
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.
|
TEXAS
2011
Occupations Code, Title 4.
Professions Related to Animals
Chapter 802
|
DOGS, CATS
|
"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.
|
YES
|
Administered by Texas Department of Licensing and Regulation
Care, conditions, more.
Category is "Licensed Breeders"
|
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
|
DOGS, CATS & MORE
When applicable:
"animals" or for kennel
permit: domestic pets
or wolf hybrids 4
months or older kept
for breeding purposes
|
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
|
YES
|
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.
|
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
|
DOGS ONLY
CAP:
No more than 30
adult females,
during any 12 mos,
primary purpose
sale of offspring
|
"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"
|
YES
|
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.
|
WASHINGTON
2009
Effective 1/1/10
WA ST 16.52.010 - 320
|
DOGS
ONLY
CAP: No more than
50 intact, > 6 mos.
|
"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.
|
NO
|
State statute only, violations are gross misdemeanors
|
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.
|
DOGS ONLY
|
"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
|
Yes
LOCAL
Specified
local business
cert.; business license
and local annual
permit to operate
|
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.
|
WISCONSIN
2009
2009 Act 90, § 3, eff. Dec. 16,
2009
|
DOGS ONLY
|
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.
|
YES
|
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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