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Puppy Mill Laws

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PUPPY MILL LAWS
STATE REQUIREMENTS AND REGULATION
July 2016
FACTS
Commercial dog breeding facilities, often referred to as "puppy mills," sell puppies in brick-and-mortar stores, online or directly to the public.
Estimated number of puppy mills in the U.S. (both licensed and unlicensed)
10,000
Number of USDA Class A and B licensed facilities that breed dogs for the pet trade
Estimated number of dogs kept solely for breeding purposes in USDA licensed facilities
1,756
152,772
Estimated number of female dogs kept for breeding at USDA licensed facilities
99.301
Estimated number of puppies produced by USDA licensed facilities each year
Estimated number of puppies per breeding female per year
993,436
9.4
Estimated number of puppies sold annually who originated from puppy mills – USDA licensed and non-USDA licensed.
1.8 million
Estimated percentage of dogs in animal shelters who are purebred
Estimated number of dogs and cats euthanized by shelters every year in the U.S.
25%
3 million
International City/County Management Association budgeting recommendation, per capita, for animal control programs.
$4-$7
Estimated number of puppies sold annually who originated from puppy mills – USDA licensed and non-USDA licensed.
500,000
Licensing, inspections, and some levels of care required by commercial breeders in the state.
Licensing and inspections mandatory, but standards of care are not monitored in commercial breeding facilities.
Only the number of commercial breeders are regulated in the state.
No regulation
LEVELS OF REGULATION
Alabama Alaska Arkansas Florida Hawaii Idaho Kentucky Minnesota
17 STATES LET PUPPY MILLS OPERATE WITHOUT REGULATION
Mississippi Montana New Mexico North Dakota South Carolina South Dakota Tennessee Utah Wyoming
DOES YOUR STATE REGULATE COMMERCIAL BREEDING FACILITIES?
ARIZONA
Inspections of commercial breeding facilities are mandatory for kennels with 20 dogs or more in Arizona, and can be recommended for kennels with less than 20 dogs if a written complaint of animal cruelty or fighting is received.
Definitions
A "kennel" is defined as an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.
Exemptions
Permit not required if each individual dog in the kennel is licensed. Inspection provisions do not apply to any kennel that houses dogs that are being used or trained for hunting.
WHO IS RESPONSIBLE?
The Board of Supervisors of the county in which the kennel is located.
§11-1009
CALIFORNIA
Licensing is not required of commercial dog breeders in California, but sanitary facilities, adequate nutrition and potable water, adequate space appropriate to the age, size, weight, and breed of dog are required to be maintained in sanitary conditions. Breeders are required to promote socialization with other dogs and humans, exercise, prompt veterinary care when needed, and may not house dogs primarily on wire flooring.
Definitions
The definition of a “dog breeder,” or “breeder” in California is a person, firm, partnership, corporation, or other association that has 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 of the person, firm, partnership, corporation, or other association.
Exemptions
"Pet dealers" regulated under Article 2 (commencing with Section 122125), and publicly operated pounds, humane societies, or privately operated rescue organizations.
WHO IS RESPONSIBLE?
There is no regulatory agency and no inspections are performed.
Health and Safety Code §122045 to 122110
COLORADO
Inspections of commercial breeding facilities are mandatory in Colorado, and the commissioner, upon his or her own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance. Any person who operates a pet animal facility that is licensed as of December 31, 1993, by the United States department of agriculture shall not be subject to the routine inspection provisions of this article but shall be subject to all other provisions, including but not limited to those concerning licensure and investigation of reported violations.
Definitions
A "pet animal facility" is defined in Colorado as any place or premise used, at least partially, for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring such animals; also includes any individual animals kept by such a facility as breeding stock.
Exemptions
A veterinary hospital which boards pet animals for the purpose of veterinary medical care only; a research facility, circus, or publicly or privately owned zoological park or petting zoo licensed or registered under the provisions of the federal Animal Welfare Act; hobby breeder facility; pet animal training facility; any kennel operated for the breeding or sale or racing of greyhounds that are not intended to be companion pets; any facility licensed for the racing of greyhounds; wildlife; livestock.
WHO IS RESPONSIBLE?
State Agricultural Commissioner
C.R.S. ARTICLE 80. PET ANIMAL CARE AND FACILITIES ACT
HUMANE STANDARDS
Physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, and medical treatment. Breeders may not sell, transfer, or adopt dogs or cats under the age of eight weeks.
CONNECTICUT
Commercial breeding facility inspections are permitted in Comnnecticut but not required. Any owner of a kennel who breeds more than two litters of dogs annually must apply for a Connecticut kennel license; if breed not more than two litters annually, may apply for a kennel license. Commercial kennels & pet shops must obtain a license from the commissioner prior to conducting business. Animal importers must register with the commissioner before importing dogs or cats into CT. Animal importers who intend to offer for sale, adoption or transfer any dog or cat at a location that is open to the public or at an outdoor location, must notify Dept. of Agriculture & the town municipal zoning enforcement officer at least 10 days prior. Pet shops" must display certain signage, re: dogs' origin, health records, etc.
Definitions
“Commercial kennel” means a kennel maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards or grooms dogs or cats for nonmedical purposes. “Commissioner” means the Commissioner of Agriculture. “Kennel” means one pack or collection of dogs which are kept under one ownership at a single location and are bred for show, sport or sale. “Pet shop” means any place at which animals not born and raised on the premises are kept for the purpose of sale to the public. “Animal importer” means a person who brings any dog or cat into this state from any other sovereign entity for the purpose of offering such dog or cat to any person for sale, adoption or transfer in exchange for any fee, sale, voluntary contribution, service or any other consideration. Includes any commercial or nonprofit animal rescue or adoption, humane relocation or delivery organization that is not otherwise required to be licensed under the provisions of this chapter.
Exemptions
Registration requirements for "animal importers" do not apply to any animal importer who offers a dog or cat for sale to a licensed pet shop, provided such animal is delivered directly to a pet shop. Inspection provisions not applicable to veterinary hospitals, except those boarding or grooming dogs for nonmedical purposes.
WHO IS RESPONSIBLE?
Town clerks are responsible for kennel licensure. The State Agricultural Commissioner, the Chief Animal Control Officer, or any state animal control officer are responsible for inspections.
§ 22-342 and §22-344
HUMANE STANDARDS
Kennels: as per regs provided by commissioner, maintained in good repair and in a sanitary and humane manner; no communicable/ infectious disease or "other unsatisfactory conditions." Commercial kennels & pet shops: per regs, sanitation, disease prevention, "humane treatment" of dogs or cats and public safety. Animal importer: per regs, health, safety and humane treatment
DELAWARE
Environmental agencies in Delaware are authorized to inspect the facilities for which a "kennel" or "retail dog outlet" license is sought or obtained for the purpose of ascertaining whether the facilities satisfy the requirements for the humane handling, care and treatment of dogs.
Definitions
In Delaware, a “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. A "kennel" is defined as when 4 or more dogs are kept for show, trial, sale, breeding or other purposes.
Exemptions
A veterinary hospital which boards pet animals for the purpose of veterinary medical care only; a research facility, circus, or publicly or privately owned zoological park or petting zoo licensed or registered under the provisions of the federal Animal Welfare Act; hobby breeder facility; pet animal training facility; any kennel operated for the breeding or sale or racing of greyhounds that are not intended to be companion pets; any facility licensed for the racing of greyhounds; wildlife; livestock.
WHO IS RESPONSIBLE?
Department of Natural Resources and Environmental Control in conjunction with the counties.
9 Del.C. §§901-904
HUMANE STANDARDS
Delaware has set standards for the following criteria: -General facility construction -Storage of food and bedding -Drainage and waste disposal -Indoor housing facility construction -Outdoor housing facility construction -Primary enclosure construction -Animal health and husbandry standards
DISTRICT OF COLUMBIA
In Washington, D.C., - 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 is considered a commercial breeder.
Definitions
No person shall own or keep 7 or more mammals, larger than a guinea pig and over the age of 4 months, without obtaining an animal hobby permit.
Exemptions
Animal hobby permit provisions N/A to: (1) a licensed pet shop, licensed veterinary hospital, circus or traveling exhibition; (2) An owner who maintains mammals for commercial purposes - NOT including the sale of offspring if such sales are occasional and are not the primary purpose for maintaining the mammals.
WHO IS RESPONSIBLE?
The mayor
DC ST § 8-1821.01
HUMANE STANDARDS
Animals must have appropriate veterinary care as well as clean and sanitary premises and mammal enclosures.
GEORGIA
Pet dealers in Georgia may be inspected by the Commissioner of Agriculture at any time deemed necessary.
Definitions
In Georgia, a "pet dealer" is defined as any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats ... A person who sells only animals that he or she has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer, unless such person is licensed for a business by a local government or has a GA sales tax number.
Exemptions
There are no exemptions to Georgia's Animal Protection Act
WHO IS RESPONSIBLE?
Commissioner of Agriculture
§ 4-11-2, 4-11-3, 4 11-9, 4-11 10.
HUMANE STANDARDS
Standards of "humane care" must be upheld, including, but not limited to, provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed. Adequate food and water must be provided, sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.
ILLINOIS
In Illinois, no person shall engage in business as a pet shopoperator, dog dealer, or kennel operator without a license. Every dog dealer shall provide the following information for every dog for sale: age, sex, weight, breed, vet records, sterilization status, breeder's name and address, name and address of any other person who owned/harbored the animal between its birth and the point of sale. Prior to sale, every pet shop operator must, to the best of his or her knowledge, provide the following for any dog for sale: price; breed; age; birthdate; sex; color; vet records while at the pet shop; name/address of breeder and facility where the dog was born; if an in-state breeder, then the breeder's license number; breeder's fed license number, if applicable; pedigree information, if applicable; if the dog was returned by a customer, the date and reason for return; pet shop operator's state license number. This information must be provided to customer in writing, in a form signed by both the customer and the pet shop owner. Pet shop owners must retain form for 2 years. All of this information must also be posted on the cage of each dog for sale. If there is an outbreak of distemper, parvovirus, or any other contagious and potentially lifethreatening disease, the pet shop operator shall notify the Department immediately; if the Dept issues a quarantine, the pet shop operator shall notify, in writing and within 2 business days of the quarantine, each customer who purchased a dog during the 2-week period prior to the outbreak.
Definitions
A "pet shop operator" is defined in Illinois as any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs or other animals customarily obtained as pets, however, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator and a veterinary hospital shall not be considered a pet shop operator "Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer and a veterinary hospital shall not be considered a dog dealer. "Kennel operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge dogs, which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.
Exemptions
No facilites are exempt from Illinois Animal Welfare Act.
WHO IS RESPONSIBLE?
Illinois Department of Agriculture
§ 225 ILCS 605/1, 605/2.2, 605/3, 605/3.1, 605/3.15(a) (e), 605/5 - 605/18, 605/19 - 05/22
HUMANE STANDARDS
Pet shop operators, dog dealers and kennel operators must maintain reasonable sanitary conditions, proper ventilation, adequate nutrition, humane care and treatment. No dog dealer, kennel operator shall separate a puppy from its mother, for the purpose of sale, until such puppy has attained the age of 8 weeks.
INDIANA
Commercial dog breeders and commercial dog brokers in Indiana must be registered with the Indiana state board of animal health, although they are not subject to inspections.
Definitions
A commercial dog breeder in Indiana are defines as a person who maintains more than 20 unaltered female dogs that are at least 12 months of age. A "commercial dog broker" means a person: (1) who is a Class "B" licensee under 9 CFR 1.1 (Fed Animal Welfare Act Regs); and (2) who sells at least 500 dogs in a calendar year.
Exemptions
Animal shelters; humane society; -Animal rescue operations; Hobby breeders, i.e, a person who maintains fewer than 20 unaltered female dogs that are at least 12 months of age. A person who breeds at least 75 percent of the person's dogs as sport dogs for hunting purposes; A person who breeds at least 75 percent of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
WHO IS RESPONSIBLE?
Indiana state board of animal health - "The board may enforce this article when the board determines that sufficient funds have been deposited in the commercial dog breeder and broker fund to permit enforcement."
IC 15-21
HUMANE STANDARDS
Commercial dog breeder: comply with standards of care in 9 CFR 3.1 - 9 CFR 3.12. (Fed. Animal Welfare Act Regs covering indoor and outdoor housing, mobile housing, primary enclosures, compatible grouping, exercise for dogs, feeding/watering, sanitation, pest control and adequately trained/ sufficient number of employees). Also, (1) no wire cages unless unless cage contains an "accommodation that allows the dog to be off the wire floor;" (2) if a wire cage is used, it must be large enough to allow for the dog's reasonable movement; (3) provide dogs with a reasonable opportunity for exercise outside of a cage at least once daily (unless the dog's health p
IOWA
In Iowa, all pet shops must obtain a state license, and are not permitted to purchase dogs from commercial establishments that does not have a valid license or permit. Commercial breeders, dealers and public auctions must obtan a state license or permit; commercial breeders, dealers and public auctions shall not purchase a dog from a commercial establishment that does not have a valid license or permit. A licensee under the Fed. Animal Welfare Act still must have a state license or permit. The Department of Agriculture and Land Stewardship may inspect the commercial establishment of a registrant or licensee at any time if standards of care are thought to be lacking.
Definitions
A “commercial breeder” in Iowa is defined as a person, engaged in the business of breeding dogs who sells, dogs 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 3 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. A “commercial establishment” or “establishment” in Iowa is defined as an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility. A “dealer” is defined as any person who is engaged in the business of buying for resale or exchanges, or leases
Exemptions
A state licensee who is a commercial breeder, owning, breeding, transporting, or keeping a greyhound dog for pari-mutuel wagering at a racetrack as provided in chapter 99D may be required to comply with a different standard of care than other commercial breeder licensees, per rules adopted by the dept.
WHO IS RESPONSIBLE?
Department of Agriculture and Land Stewardship
§ 162.1 to 162.20
HUMANE STANDARDS
Commercial establishments must maintain adequate feed, adequate water, housing facilities, sanitary control, and grooming practices. "Adequate feed" is defined as a provision at suitable intervals of not more than 24 hours of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition served in a clean container. “Adequate water” is defined as reasonable access to clean, fresh, potable water provided in a sanitary manner.
KANSAS
Animal Distributor, Pet Shop, Retail Breeder, Animal Breeder & Hobby Breeder: Each must obtain the appropriate license from Cmsr. Out of State Distributor: must obtain the appropriate permit before conducting business in KS. Buyers of Dogs for Resale: unlawful to knowingly purchase a dog for resale from a person required to be, but not, licensed/permitted. All Licensees Under Pet Animal Act: unlawful to knowingly sell to out-ofstate distributors, animal distributors or intrastate pet shops who are not properly permitted/licensed.
Definitions
"Animal breeder premises" - any premises where all or part of 6 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 6 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" - 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. "Pet shop" means any premises where there are sold, or offered or maintained for sale, at retail and not for resale to another, dogs or cats, or both. Does not include any animal distributor premises, hobby breeder premises, retail breeder premises or animal breeder premises. "Animal distributor premises" means the premises of any person engaged in the business of buying for resale dogs or cats, or both, as a principal or agent, or who holds such distributor's self out to be so engaged.
Exemptions
Animal Breeders and Animal Distributors: "adequate veterinary medical care" humane standard shall not apply to those licensed under the Fed. Animal Welfare Act.
WHO IS RESPONSIBLE?
Kansas department of Agriculture, Division of Animal Health (Animal Health Commissioner)
§ 47-1701 to 47-1737 (Pet Animal Act)
HUMANE STANDARDS
"Adequate feeding" must be maintained, supplyed at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition. "Adequate watering" is defined as a supply of clean, fresh, potable water, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species, not to exceed intervals of 12 hours. "Adequate veterinary medical care" means (1) A documented program of disease control and prevention, euthanasia and routine veterinary care, established and maintained under the supervision of a licensed veterinarian, including a at least 1 visit to the premises by the vet; (2) that diseased, ill, injured animals shall be provided with veterinary care as is needed for the health and wellbeing of the animal, and such veterinary care shall be documented and maintained on the premises; and (3) all documentation required shall be made available to the commissioner for inspection upon request and shall be maintained for 3 years after the effective date of the program or the administration of such veterinary care.
LOUISIANA
Any individual or business in Louisiana with 5 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. The owner or keeper of 5 or more dogs may procure a kennel license and pay a kennel license fee in lieu of the individual dog licenses and license fees provided for.
Definitions
Any individual or business with five or more dogs, who breeds and sells dogs retail, wholesale, or to the public falls under Louisiana's law, although no inspections are required.
Exemptions
None
WHO IS RESPONSIBLE?
Governing body of municipality or parish. The Louisiana Animal Welfare Commission within the office of the governor assists with community programs to ensure and promote the proper treatment and well-being of animals. Duties and functions include: making recommendations concerning (1) the care and keeping of animals, and (2) for rules and regulations, which may be adopted by parish and local authorities for the proper care and treatment of animals.
§3:2772 & §2364
HUMANE STANDARDS
No individual or business that breeds, buys, or sells dogs retail, wholesale, or to the public shall maintain more than 75 dogs over the age of one year at any time for breeding purposes.
A person not in possession of a valid license for [a] kennel, breeding kennel, or pet shop shall obtain a vendor's license under section 4163 prior to selling, offering for sale or exchanging for value a cat or dog. License necessary. A person having 5 or more dogs for the purposes set forth in section 3907, subsection 17breeding, hunting, show, training, field trials, sledding, competition or exhibition] shall obtain a kennel license from the clerk of the municipality where the dogs are kept. A person maintaining a breeding kennel, as defined in section 3907, must obtain a license from the department and is subject to rules adopted by the department. The department shall issue a license or a conditional license under subsection 6 in one of the 3 categories: A. A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel. B. A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel. C. A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel. Conditional breeding kennel license. Upon receiving an application for a breeding kennel that does not at the time of application hold a valid license under this section, the department shall issue a conditional breeding kennel license. The conditional license remains in effect until the breeding kennel passes an inspection under section 3936. If a breeding kennel cannot meet minimum standards within 6 months after the initial inspection, the conditional breeding kennel license may be revoked or suspended by the department. License necessary. A person maintaining a pet shop, as defined in section 3907, shall obtain a license from the department and is subject to rules adopted by the department. A person may not 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, breeding kennel or pet shop license or a valid vendor's license issued under this section.
MAINE
Definitions
A "kennel" is defined as 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a 12-month period alone does not constitute the operation of a kennel. A “breeding kennel” constitutes 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. 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.
Exemptions
None
WHO IS RESPONSIBLE?
Commissioner of Agriculture, Conservation and Forestry
7 MRSA §§ 3907, 3914, 3923,3931, 3933, 3936, 3937, 4163
HUMANE STANDARDS
"Humanely clean conditions" - both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal. "Well cared for" means that the animal is receiving necessary sustenance, necessary medical attention, proper shelter, protection from the weather and humanely clean conditions and that the animal has not been nor is being injured, overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a poison with the intent that it be taken by the animal. "Torment, torture and cruelty" means every act, omission or neglect, whether by the owner or any other person, where unjustifiable physical pain, suffering or death is caused or permitted.
Inspections
Kennels, breeding kennels…and pet shops engaged in buying or selling animals shall keep records of the buyer and seller in each transaction for a 2-year period commencing at the time of purchase or sale. The records must be open to inspection by the department or law enforcement officers Kennel inspection and quarantine: Except for a kennel inspected by the department in accordance with chapter 723, an animal control officer must inspect annually a kennel prior to the municipality issuing a kennel license. In addition to the annual inspection required under this subsection, an animal control officer, at any reasonable time, escorted by the kennel owner or the kennel owner's agent, mayinspect the kennel. The commissioner may, at any reasonable time, enter [a] kennel, breeding kennel or pet shop and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. The commissioner may inspect kennels, breeding kennels, and pet shops in accordance with the sanitation and health rules established by the department and for compliance with laws and rules, including licensing and permitting requirements, of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession. A veterinarian employed by the State or any licensed veterinarian may quarantine the kennel, breeding kennel or pet shop Upon written complaint made to the commissioner by any erson alleging violation of this chapter, or any of the rules of the chapter by any licensee, the commissioner shall cause an investigation [not necessarily an inspection] to be made upon matters related in the complaint.
MARYLAND
Aa person in Maryland shall obtain a kennel license from the local licensing agency if the person: (1) owns or has custody of 15 or more unspayed female dogs over the age of 6 mo. kept for the purpose of breeding the dogs and selling their offspring; and (2) sells dogs from 6 or more litters in a year. (Counties may enact more stringent kennel licensing ordinances.)
Definitions
Licenses: 15 or more unsprayed female dogs over the age of 6 mos., kept for the purpose of breeding the dogs and selling their offspring, and dogs from 6 or more litters sold per year. Inspections: Premises where a person is engaged in the business of buying, selling, trading, or breeding dogs; or a kennel with 25 or more dogs.
Exemptions
Inspection Provision N/A: Premises (1) where dogs are kept or bred solely for medical laboratory tests; (2) operated by a licensed and regularly practicing veterinarian; or (3) where hunting dogs are housed, if the buying, selling, trading, or breeding is incidental to the main purposes of housing, keeping, and using dogs. Min. Age of Dogs for Sale Provision N/A: (1) a biomedical facility that is licensed by the US Dept. of Agriculture; or (2) an animal that is accompanied by a signed statement from a licensed veterinarian stating that the animal’s dam is incapacitated for humane or medical reasons and cannot care for the animal.
WHO IS RESPONSIBLE?
Licensing: “local licensing agency” Inspections: County sheriff’s agency
Article Criminal Law, § 10-604, 10 613 & 10-616. Article – Local Government, §13–108.
HUMANE STANDARDS
A person may not if the person has charge or custody of an animal, as owner orotherwise, unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather. This section does not apply to a biomedical facility that is licensed by the US Dept. of Agriculture; or an animal that is accompanied by a signed statement from a licensed veterinarian stating that the animal’s dam is incapacitated for humane or medical reasons and cannot care for the animal. Except as provided, a person may not sell or distribute… a domestic dog or cat less than 8 weeks of age unless accompanied by its dam. A person may give an unaccompanied dog or cat to an animal shelter or pound that is operated or supported by a government; or to a humane society.
Does not apply to premises where dogs are kept or bred solely for medical laboratory tests; those operated by a licensed and regularly practicing veterinarian; or where hunting dogs are housed, if the buying, selling, trading, or breeding is incidental to the main purposes of housing, keeping, and using dogs. To determine if dogs are being treated inhumanely an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises: where a person is engaged in the business of buying, selling, trading, or breeding dogs; or of a kennel with 25 or more dogs A person who inspects premises shall give prior written notice to the owner or occupant of the premises.
Inspections
All those who operate kennels in Massachusetts must obtain a kennel license. issued until the kennel has passed inspection by an animal control officer. The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer may inspect a kennel at any time.
MASSACHUSETTS
Definitions
A "kennel" is defined as 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a 12-month period alone does not constitute the operation of a kennel. A “breeding kennel” constitutes 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. 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.
WHO IS RESPONSIBLE?
Police Commissioner of Boston or clerk of other towns
General Laws, Part I, Title XX, Chapter 140, § 136A, 137A, C, 141B, 174E
HUMANE STANDARDS
No dog may be tethered to a stationary object than 24 consecutive hours. Tethers must be designed for dogs, no logging chains, etc., or anything weighing more than 1/8 of the dog’s body weight. Dogs can only be confined outside as per the following: (1) by use of a pen if it has adequate space for exercise, a dimension of at least 100 feet, is constructed of chain link or other similar material, has all 4 sides enclosed, and is high enough to secure the dog; or (2) a fully fenced, electronically fenced or otherwise securely enclosed yard; or (3) a trolley system or a tether attached to a pulley in a cable run if only 1 dog is tethered, the tether is attached to a properly fitting collar or harness that is not a choke or pinch collar, it has a swivel on at least one end, it is a minimum of 10 ft long, it is mounted between 4 and 7 feet from the ground, it allows dog access to water and shelter, and it confines the dog on the owner’s property and does not allow access to hazards. Also, a dog that is kept outside must have access to clean water and an appropriate shelter. The shelter must keep the dog dry and protected from the elements, be roofed and with a solid floor, be structurally sound with good drainage, contain clean bedding, and be small enough to maintain the dog’s body heat, but large enough for the dog to stand, lie down, and turn comfortably. No dog shall be subjected to cruel conditions and inhumane chaining or tethering, e.g., dirty conditions such as exposure to excessive animal waste, garbage, noxious odors or dangerous objects, or anything else that could harm a dog’s physical or emotional health.
Exemptions
The licensing and inspection provisions of this Chapter do not apply to pet shops licensed under the Chapter 129, Section 139(A) (Section 141B.) Pet shop operators must obtain a license; the Director of Animal Health, subject to the approval of the governor, may make rules and regulations related to maintenance of the premises, health of animals for sale, and inspections
MICHIGAN
A person in Michigan who operates a kennel may apply for a kennel license as an alternative to obtaining individual licenses for each dog kept; a kennel license must specify the number of dogs, aged at least 6 months, which the holder is entitled to keep. Pet shops must also be licensed.
Definitions
A “kennel” is defined as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration. “Pet shop” means a place where animals are sold or offered for sale, exchange, or transfer.
Exemptions
None
WHO IS RESPONSIBLE?
Michigan Department of Agriculture
§ 287.270, §287.331, §287.333 to §287.335
HUMANE STANDARDS
“Reasonable sanitary requirements” as promulgated by the state department of agriculture; proper feeding and protection from exposure as appropriate for the dog’s breed. The director of the department of agriculture shall promulgate reasonable rules with respect to kennel inspections.
Kennel licenses shall not be issued unless the applicant presents a certificate stating that the kennel has been inspected not more than 30 days prior to the date of application, and was found to meet minimum sanitary and humane requirements. A pet shop shall not be issued a license until the director of agriculture has conducted an inspection to ensure conformity with applicable law and rules of the state department of agriculture
Inspections
A license is required to operate a pet shop, or act as a dealer or commercial breeder in Missouri. Licenses expire yearly unless revoked; anyone exempt from the applicable licensing requirements may voluntarily apply for licensure. A dealer shall only purchase animals from facilities licensed under the Animal Care Facilities Act; knowing violation of this requirement may result in revocation of the dealer’s license.
MISSOURI
Definitions
"Commercial breeder" - a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale, & who harbors more than 3 intact females for the primary purpose of breeding. "Dealer" - any person who is engaged in the business of buying for resale, selling or exchanging animals, as a principal or agent, or is otherwise classified as a dealer as defined by regulations of the USDA. "Pet shop" - any facility where animals are sold or offered for retail sale to the general public.
WHO IS RESPONSIBLE?
The Director of the Missouri Department of Agriculture
§ 273.325 to 273.357, i.e., the "Animal Care Facilities Act"
HUMANE STANDARDS
"Adequate food"- the provision, at suitable intervals of not more than twelve hours, unless the dietary requirements of the species require a longer interval, of a quantity of wholesome foodstuff, suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, all of which foodstuff is served in a safe receptacle, dish, or container. "Adequate housing" - the continuous provision of a sanitary facility, protection from the extremes of weather conditions, proper ventilation, and appropriate space depending on the species of animal, as defined by regulations of the USDA, as revised. "Adequate water" - the provision, either continuously or at intervals suitable to the species, which intervals shall not exceed eight hours, of a supply of potable water in a safe receptacle, dish, or container. Sanitation, ventilation, nutrition, and shelter standards. Annual veterinary exam, double USDA cage size, partial solid flooring. By 2016, cage size increasing to 3X USDA, wire flooring banned, and unfettered access to exercise run required. A license may not be issued or renewed or may be revoked for failure to provide adequate food, water, housing or sanitary facilities for animals under the control of a commercial breeder, dealer or pet shop. Facilities/persons subject to the Animal Care Facility Act, but not to USDA licensure under the federal Animal Welfare Act, shall comply with rules promulgated by the Director which establish standards related to adequate shelter, including conditions of sanitation and ventilation, adequate food and water. Persons/facilities subject to USDA licensure under the Animal Welfare Act need only comply with the federal standards. Commercial breeders, dealers and pets shops are subject to rules which shall be promulgated by the Director for an adequate program of health and veterinary care; veterinary records shall be maintained and made available to the state veterinarian or an animal welfare official upon request. Persons required to be licensed under the Animal Care Facilities Act shall not house animals in stacked cages without an impervious barrier between the levels, except during cage cleaning.
Exemptions
"Hobby or show breeder" - a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing, improving the breed or selling the dogs or cats, & having no more than 10 intact females. Only sells animals to other breeders or to individuals. Hobby or show breeders are exempt from the licensure/inspection requirements of the Animal Care Facilities Act, but must register annually with the Director to establish that the breeder is in fact a hobby or show breeder. A breeder with 3 or fewer intact females is exempt from the requirements of the Animal Care Facilities Act.
Facilities/persons that are required to be licensed under the Animal Care Facilities Act will be issued a provisional license pending inspection by the state veterinarian, his designee or an animal welfare official. Inspections shall be made at least yearly or upon a complaint to the Missouri Dept. of Agriculture. Upon his own information or a complaint from anyone else, the state veterinarian or an animal welfare official may inspect the premises or vehicle upon which any animal is or may be found, and may determine if any violation of the Animal Care Facilities Act (or any rule promulgated pursuant to it) exists. If a facility fails two consecutive reinspections for an original violation of the Animal Care Facilities Act, a $100 fee must be paid before subsequent inspection
Inspections
A person shall not operate as a commercial dog breeder, a dealer, or a pet shop unless the person obtains the appropriate license. The Dept. may deny an application for an initial or renewal license as a commercial dog breeder, dealer, or pet shop if it finds that the applicant is unsuited to perform the obligations of a licensee, i.e., applicant has deliberately misrepresented or concealed any information provided to the Dept., or within the previous 5 years, applicant: (a) Has been convicted of any law regarding the disposition or treatment of dogs or cats in any jurisdiction; or (b) Has operated a breeder facility under a license or permit issued by any jurisdiction that has been revoked/suspended, etc., if applicant ultimately surrendered the license or permit to avoid discipline. In addition to the application, the Dept. may require applicant to provide additional documentation pertinent to determination of applicant's suitability to perform the duties of a licensee under the Act. The Dept. may take the following actions when specified circumstances exist: place licensees on probation & levy administrative fines; suspend a license; immediately suspend a license & order the operation of the licensee closed prior to hearing when there is a significant threat to animal health/safety; revoke a license if licensee has committed serious, repeated or multiple violations.
NEBRASKA
Definitions
Commercial dog breeder - a person in the business of breeding dogs who (1) sells/transfers/leases, or offers to sell/transfer/transfer lease, 31 or more dogs in a 12 month period; and (2) who owns or harbors 4 or more dogs intended for breeding in a 12 month period; and (3) whose dogs produce 4 or more litters within a 12 month period; OR (4) who knowingly sells/leases dogs for later retail sale or brokered trading. Dealer - any person who is not a commercial dog breeder or a pet shop but is engaged in the business of buying for resale or selling or exchanging dogs as a principal or agent or who claims to be so engaged. A person who purchases, sells, exchanges, or leases 30 or fewer dogs in a 12-month period is not a dealer. Pet shop - a retail establishment that sells pet animals and related supplies.
Exemptions
None
WHO IS RESPONSIBLE?
Bureau of Animal Industry of the Department of Agriculture
§54-625 -54-643: Commercial Dog and Cat Operator Inspection Act ("the Act")
HUMANE STANDARDS
A dealer or pet shop shall maintain a written veterinary care plan developed in conjunction with the attending veterinarian. A commercial dog breeder shall: (1) Maintain housing facilities & primary enclosures in a sanitary condition; (2) Enable all dogs to remain dry and clean; (3) Provide protection from extreme temperatures & weather conditions that may be uncomfortable or hazardous; (4) Provide shade sufficient to shelter all dogs within a given primary enclosure; (5) Provide easy access to adequate amounts of clean food and water; (6) Provide adequate socialization, i.e., physical contact with other dogs and human beings, other than being fed; (7) Maintain a written veterinary care plan developed in conjunction with an attending veterinarian; and (9) Provide veterinary care without delay when necessary. The primary enclosures all licensees under the Act shall meet specified requirements, re: (1) adequate space appropriate to the age, size, weight, and breed of each dog, sufficient to allow unimpeded normal movements without having to touch another animal; (2) flooring that protects the dogs' feet and legs from injury & does not allow the dogs' feet to pass through any openings; (3) type/strength of material if a suspended floor of metal strands is used. The Dept. shall use as a guideline for the humane handling, care, treatment, and transportation of dogs the standards of the federal Animal Welfare Act regulations, at 9 C.F.R. 3.1 to 3.19. Every dealer, commercial dog breeder, or pet shop who transfers ownership of a dog to an ultimate consumer, shall deliver to such consumer, written information on the benefits of spaying and neutering, the importance of minimizing the risk of homeless animals, and the need to comply with applicable license laws. Commercial dog breeders shall provide dogs over the age of 6 mo. with an exercise area that is easily accessible from the primary enclosure, and is at least 3 times the size of the requirements for a primary enclosure; has flooring meeting the same standards as applicable to primary enclosures. A primary enclosure/exercise area in existence on 10/01/12 is deemed to meet these requirements. If breeder does not meet above, must provide the opportunity for exercise as per attending vet’s written plan, including access to a run or open area or at least twice daily walks. A commercial dog breeder shall ensure that each dog receives adequate veterinary care; the written vet care plan shall provide for: (a) maintenance of individual health records; (b) a program of disease control and prevention, pest and parasite control, before and after procedure care, nutrition, and euthanasia supervised by the attending veterinarian; regular visits by such vet & annual review of vet care plan; (c) a wellness exam of each breeding dog at least every 3 years. Commercial dog breeders must (a) ensure all breeding dogs receive regular grooming; (b) contact a licensed vet promptly after a serious or life-threatening injury or medical condition, & have dog treated as prescribed by vet; (c) all surgical births or other surgical procedures shall be performed by a licensed vet using anesthesia (except commercial dog breeders may remove dew claws and perform tail docking within 7 days of birth.
Before the Dept. approves an application for an initial license, the operation of the applicant shall be inspected to determine whether the applicant qualifies to hold a license pursuant to the Act. The Dept. shall inspect all licensees at least once in a 24-month period to assess compliance with the Commercial Dog and Cat Operator Inspection Act. When an inspection produces evidence of a violation, a written report showing the violations shall be given to the applicant or licensee, with notice to comply within an established time limit. If deemed necessary under the Act, or any associated rule/regulation, the Dept. may, for purposes of inspection, enter the premises of any applicant/licensee during normal business hours, anywhere that dogs are sold/housed or suspected of being sold/housed, including all buildings, vehicles, equipment, and kennels, etc; the dept. may also inspect/copy all records contained therein. Stop-movement Order - a directive preventing the movement or removal of any dog from the premises. The Dept. may issue a stopmovement order if it has reasonable cause to believe that there exists noncompliance with the Act or associated rules/ regulations, including unreasonable sanitation or housing conditions. Such order may require the violator to maintain the dogs at the existing location or other Dept.-approved premises until the Dept. has issued a written release from the order. The Dept. shall reinspect the premises within 10 business days after the initial inspection resulting in the order. If noncompliant conditions continue to exist at the reinspection, further reinspections shall be at the discretion of the Dept. During regular inspections of a commercial dog breeder's facility, health records of a random sample of at least 5% of the breeding dogs shall be reviewed to verify that the records match the dogs’ permanent identification, and are properly maintained.
Inspections
Each breeder in Nevada must obtain an annual permit to act as a breeder; permits to be issued by the board or by the animal control agency of the county. After a board of county commissioners, city council, etc. adopts such breeder permitting ordinance, the governing body shall issue a permit to each breeder who does the following as prescribed in the ordinance: (a) Submits an application; (b) pays a fee; (c) complies with any other requirements.
NEVADA
Definitions
Breeder- 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. Dealer - a person who, for compensation or profit, buys, sells, breeds, trades or imports cats or dogs for resale. Kennel - a place where at least 10 dogs, who are at least 6 mo. old, are kept for purposes of boarding, training, or breeding for sale to a retailer or dealer. However, the following do not count toward the number of dogs kept: spayed/neutered dogs, dogs used by/being trained for use by the Armed Forces, police officers, search and rescue teams, etc., farming or ranching dogs, or dogs used by/being trained for use by persons with disabilities. Operator- a person responsible for the operation of a kennel or commercial establishment engaged in the business of selling animals or an animal shelter. Retailer- a person who acquires pets for resale.
WHO IS RESPONSIBLE?
Unincorporated areas of counties: Board of County Commissioners & county animal control agency Incorporated Cities: City Council/other governing body & city animal control agency. No member, agent or officer of a society for the prevention of cruelty to animals may enforce the provisions.
§574.210 – §574.440
HUMANE STANDARDS
Operators: An operator shall ensure that the buildings and grounds where dogs are kept are clean, in good repair, & free of accumulated trash. An operator shall ensure that housing facilities are constructed and maintained so as to: protect the dogs inside from injury & prevent them from escaping, restrict entry of other dogs, and have adequate and reliable sources of electrical power and potable water. An operator shall, with the approval of a veterinarian, establish and maintain a program to control disease and care for the health of the dogs. As part of this program, an operator shall ensure that: each dog is observed daily by the person directly responsible for its care, or by someone under that person’s direct supervision; blind, injured or ill dogs receive appropriate veterinary care consistent with the purposes for which the dog is being kept, or humanely euthanized. Any dogs in quarantine or being treated for a communicable disease are kept separate from other dogs. An operator shall: provide all dogs with indoor primary enclosures, except dogs that are acclimated to the outdoors; ensure that the interior of a housing facility for indoor primary enclosures is constructed and maintained so as to be substantially impervious to moisture and to facilitate regular cleaning; provide a suitable method to eliminate excessive water from the interior of a housing facility for indoor primary enclosures; ensure that indoorprimary enclosures are constructed and maintained so as to: protect the dogs from excessive illumination while providing an ample amount of light, provide sufficient heat to maintain health and comfort, provide adequate ventilation to maintain health and comfort, including a system of auxiliary ventilation at minimum temperature of 85 degrees Fahrenheit. If dogs are kept outdoors, an operator shall provide for the rapid drainage of surface water from the area, provide sufficient food and water to sustain dogs in a healthy condition, given the ambient temperature, and provide each dog with a sufficient amount of shelter to: remain dry, have enough shade to protect itself direct sunlight likely to cause overheating or discomfort, remain cool when a heat advisory is issued, protect the animal from wind which creates a wind chill below 50 degrees Fahrenheit, and remain warm at temperatures below 50 degrees Fahrenheit (Additional provisions related to the duties of operators regarding: primary enclosures; floor space of primary enclosures; Dogs or cats kept in primary enclosures together; food and water; sanitization.
Exemptions
The provisions are not applicable to: animals used in agriculture, the housing of domestic cats or dogs without remuneration other than payment for reasonable expenses relating to the care of the cats or dogs, on behalf of another person in a home environment; the exhibition of dogs or cats.
Breeders: An animal control agent may enter and inspect a breeder’s premises at any reasonable hour for the purpose of enforcing the provisions. A breeder permitting ordinance adopted pursuant to this, may provide for suspension, revocation or denial of a breeder permit for violation of the provisions.
Inspections
No person or entity shall engage in the business of transferring (with or without a fee), to the public, live animals customarily kept as pets unless the premises on which they are housed or displayed are duly licensed and inspected by the Dept. This section also applies to commercial kennels and to any person or entity engaged in the business of, including activity as a broker, transferring live animals customarily kept as pets for transfer to the public (with or without a fee) and whether or not a physical facility is owned by the licensee in NH when transfer to the final owner occurs within NH. Licensees under this subdivision shall furnish to the Dept. such information relative to either the selling or placing of animals as provided herein or to the maintenance of the premises used for such purposes, as may be required by the Dept. A license shall be issued if, after inspection, the Dept. finds that the premises meet the proper standards for health and sanitation, and that their use will not result in inhumane treatment of animals. Each license shall be subject to suspension or revocation at any time by the Dept. if the conditions under which it was issued are not being maintained. Once a license has been revoked under 437:3, the Dept. may require that all animals on the premises shall be removed by the licensee within 3 working days, and be relocated to a safe and sanitary place approved by Dept. Any person or other entity may have the license for a pet shop suspended or revoked by the Dept. for violation of this subdivision.
NEW HAMPSHIRE
Definitions
Commercial kennel - means any person or entity that sells to the public 10 or more litters or 50 or more puppies in any 12-mo. period. Pet shop - any establishment licensed to keep, maintain, and transfer certain live animals, birds, and fish at retail to the public. Broker - any individual or entity acting as agent or intermediary in negotiating or transferring dogs, cats, or ferrets when transfer to the final owner occurs in NH.
Exemptions
The license provisions of this subdivision do not apply to breeders of dogs licensed under (group licenses for owners of 5 or more dogs, if not a commercial kennel); veterinarians; owners and operators of horse riding stables; and auctioneers, breeders or keepers of farm livestock.
WHO IS RESPONSIBLE?
The NH Department of Agriculture, Markets, and Food
§ 437:1 to 437:13a N.H. Code Admin. R. Agr 1702.01 thru 1702.05
HUMANE STANDARDS
The Dept. may adopt rules relative to health and sanitation standards to effectuate the purposes of this subdivision. For purposes of this subdivision, medical treatment on any animal in a licensee’s possession may be administered only under the supervision of a veterinarian. Housing facilities for dogs in pet shops and animal facilities shall be: structurally sound; maintained in good repair to protect the animals from injury, contain them, and prohibit entry by other animals. The shelter shall provide adequate potable water. Food and bedding shall be stored so as to protect against vermin infestation and spoilage. Provision shall be made for removal and disposal of: animal and food wastes; bedding; dead animals; and debris. Waste disposal facilities shall be constructed so as to minimize vermin infestation, odors, and disease hazards. Additional regulations related to indoor facilities, outdoor facilities, primary enclosures, and animal health and husbandry standards.
A license shall be issued if, after inspection, the Dept. finds that the premises meet the proper standards for health and sanitation, and that their use will not result in inhumane treatment of animals. Upon a written complaint alleging violation of this subdivision, the Dept. shall investigate. Each licensee's facilities shall be inspected by a representative of the Dept. at reasonable times, a minimum of once yearly, with the possibility of additional random inspections. Licensees without a physical facility in NH are exempt from inspection, but interstate health certificates or official health certificates for every imported dog handled by the licensee must be submitted to the Dept. for review within 1 mo. of the date of the certificate.
Inspections
Any person who plans to operate a kennel or a pet shop in New Jersey must apply for a license. Such application must include written approval of the local health authorities showing compliance with the local and State rules and regulations governing sanitation at such establishments. Pet shop licenses are subject to revocation for failure to comply with the rules and regulations of the State department or local board governing pet shops. The municipality may issue a license for a pet shop that permits sale of pet supplies for all types of animals, but restricts the pet shop from selling cats or dogs, or both. Licensed pet shops must annually submit records of the number of cats and dogs sold to the municipality.
NEW JERSEY
Definitions
Kennel - any establishment wherein the business of boarding or selling dogs, or breeding them for sale, is carried on, except a pet shop. Pet shop - any place of business, which is not part of a kennel, wherein animals, including dogs, are kept chiefly for the purpose of sale to individuals for use as pets, rather than for business or research.
Exemptions
None
WHO IS RESPONSIBLE?
Licensing of pet shops & kennels: the clerk or other designated official of the municipality where the establishment is located. Rules and regulations related to the sanitary conduct of kennels and pet shops shall be enforced by the State Department of Health and by local boards of health.
§ 4:19-15.1 - 4:19-15.19
HUMANE STANDARDS
The State Department of Health shall, with the cooperation and assistance of the State Department of Agriculture, promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds.
Requirement of Inspection Prior to Initial Licensure Implied: Application for a kennel or pet shop license must include written approval of the local health authorities showing compliance with the local and State rules and regulations governing sanitation at such establishments.
Inspections
Pet dealers in New York are required to obtain a license issued by the Commissioner. Before a pet dealer’s license can be issued, compliance with the Care of Animals by Pet Dealers Act and with recordkeeping and consumer disclosure requirements must be established by an inspection. A pet dealer’s license is renewable annually. A pet dealer’s licenses must be displayed on the premises where dogs and cats are kept for sale so that it may be easily seen by potential consumers. The Commissioner may decline to grant or renew or may suspend or revoke a pet dealer’s license, on any one of the following grounds: 1. Material misstatement in the license application. 2. Material misstatement in or falsification of records required to be kept pursuant to the Care of Animals By Pet Dealers Act or failure to allow inspection of records or pet dealer facilities. 3. Violation of any provision of the Care of Animals By Pet Dealers Act, or conviction of a violation of federal, state or local laws or regulations pertaining to humane treatment of animals, cruelty to animals, sale or possession of animals.
NEW YORK
Definitions
Pet Dealer – any individual, corporation, municipality, or other legal entity who engages in the sale, or offering for sale, of more than 9 dogs or cats per year, for profit, to the public. Breeders are considered pet dealers unless they sell or offer to sell directly to individuals fewer than 25 dogs or cats per year that are born and raised on the breeder's residential premises. Duly incorporated humane societies are not pet dealers.
WHO IS RESPONSIBLE?
Commissioner of Agriculture and Markets ("the Commissioner") Licensing and Inspection authority may be delegated to the city or county
AGM §400 - 407, i.e., Care of Animals By Pet Dealers
HUMANE STANDARDS
Pet dealers shall comply with the following minimum standards of care for every dog or cat in their possession. Housing: animals to be housed in primary enclosures which are structurally sound and maintained in good repair; Surfaces shall have an impervious surface able to be repeatedly cleaned and disinfected. Primary enclosures: shall provide sufficient space to allow each animal adequate freedom of movement to make normal postural adjustments; specifications for flooring constructed of metal strands. Housing facilities: shall be adequately ventilated to provide for animals' health and well-being. Temperature: shall be compatible with animals' health and well-being. Temperature shall be regulated, including supplying shade from sunlight. Indoor housing facilities: lighting sufficient for routine inspection & cleaning; protection of animals from excessive illumination. Indoor and outdoor housing facilities: shall allow for efficient elimination of animal waste and water so as animals remain dry and clean. Whelping boxes: to be provided for pregnant or nursing dogs. Isolation area: must be provided for animals exhibiting symptoms of contagious disease. Sanitation: housing facilities shall be kept clean to maintain a healthy environment. Trash & waste products shall be contained and disposed of so as to minimize risks of disease, contamination, and vermin. Feeding and watering: Animals shall be provided with wholesome, palatable food, free from contamination and of nutritional value sufficient to maintain each animal in good health; regular access to clean, fresh water.
Exemptions
None
The Commissioner shall make a minimum of 1 yearly inspection of each pet dealers' facility to ensure compliance with the Care of Animals by Pet Dealers Act and certain record-keeping and consumer disclosure requirements, except that for pet dealers who sell fewer than 25 dogs or cats in a year, inspections shall be made whenever the commissioner judges that a complaint warrants such.
Inspections
No person in North Carolina shall be a dealer without an annual license to deal granted by the Director. No person shall operate a pet shop without an annual license to operate such establishment granted by the Director. No person shall operate a public auction without an annual license to operate such establishment granted by the Director.
NORTH CAROLINA
Definitions
Dealer - any person who sells/donates, offers to sell/donate animals to another dealer, pet shop, or research facility; however, this term does not include an individual who breeds, on his own premises, no more than the offspring of 5 canine or feline females per year, unless bred specifically for research purposes. Pet shop - a person or establishment that acquires for the purposes of resale animals bred by others, whether as owner, agent, or on consignment, and that sells or offers to sell such animals to the public at retail or wholesale. Public auction - any place where dogs or cats are sold at auction to the highest bidder, whether offered as individuals, as a group, or by weight.
WHO IS RESPONSIBLE?
Dept. of Agriculture and Consumer Services, Animal Health Division, Animal Welfare Section (director: "The Director")
§19A-20 - §19A 44, i.e., "The Animal Welfare Act" (§19A 20)
HUMANE STANDARDS
Failure of any person licensed or registered under the Animal Welfare Act to adequately house, feed, and water animals in his possession or custody shall constitute a Class 3 misdemeanor; such person shall be subject to a fine; such failure shall also constitute grounds for revocation of license after public hearing.
Exemptions
The Animal Welfare Act shall not apply to any dealer, pet shop, public auction, commercial kennel or research facility during the period such dealer or research facility possesses a valid license or registration granted by the Secretary of Agriculture pursuant to Title 7, Chapter 54, of the United States Code.
Loosely Defined Inspection Authority: The Director shall investigate all reports of violations of the Animal Welfare Act & associated rules; if any person shall deny the Director or his representative admittance to his property, either person shall be entitled to secure from any superior court judge a court order granting such admittance.
Inspections
Every owner of a kennel in Ohio shall apply to register such kennel. Payment of the kennel registration fee shall entitle the licensee to not more than 5 dog tags. Upon application to the county auditor, additional tags may be issued. No person shall operate as a high volume breeder in this state without a high volume breeder license issued by the Director. A person seeking an initial high volume breeder license shall submit an application to include: photographic evidence documenting the facilities where dogs will be kept (the Director may conduct an inspection of the facilities in addition to reviewing the photographic evidence); a release authorizing a background investigation of the applicant; proof that the applicant has established a veterinary-client/patient relationship. A license renewal will have the same application requirements as for an initial license. No person shall act as a dog retailer in this state without a dog retailer license issued by the Director. The Director shall deny an application for a high volume breeder or dog retailer license for either of the following reasons: (1) The applicant has violated any provision of chapter 956: Regulation and Licensing of Dog Kennels, or associated rules, if the violation materially threatens the health or welfare of a dog; (2) The applicant, in the past 20 years, has been convicted of or pleaded guilty to animal cruelty laws of this state, or equivalent municipal ordinances, laws of another state, or federal laws. The Director may suspend or revoke a license issued under chapter 956 for violation of any provision of this chapter or associated rule if the violation materially threatens the health and welfare of a dog.
OHIO
Definitions
Dog kennel or Kennel - an establishment that keeps adult dogs for the purpose of breeding the dogs for compensation received through a sale, exchange, or lease, and that is not a high volume breeder. High volume breeder - an establishment that maintains adult breeding dogs that produce at least 9 litters of puppies in any given year, and which sells 60 or more adult dogs or puppies per year. Dog retailer - a person who buys, sells, or offers to sell dogs at wholesale for resale to another, or who sells or gives one or more dogs to a pet store annually. A pet store is not considered a dog retailer. Pet store - means a retail store that sells dogs to the public.
Exemptions
Medical kennels for dogs, research kennels for dogs, animal shelters for dogs that are operated by a municipal corporation or county, and veterinarians are not required to obtain a license under Chapter 956: Regulation and Licensing of Dog Kennels, or comply with any other requirements of chapter 956 or the rules adopted under it.
WHO IS RESPONSIBLE?
Department of Agriculture
§955.02 - 956.18
HUMANE STANDARDS
Benchamrks are set for housing, nutrition, exercise, grooming, biosecurity and disease control, waste management, whelping, and any other general standards of care for dogs
At least once annually, the Director or his representative shall inspect all high volume breeders to ensure compliance with Chapter 956: Regulation and Licensing of Dog Kennels, and associated rules, including standards of care. The Director shall inspect a boarding kennel when information is received indicating that dogs are being bred there, and the kennel may therefore be subject to licensure under Chapter 956. The Director may do any of the following: upon receipt of a complaint, inspect a high volume breeder; upon the request of a member of the public, a public official, or an animal shelter for dogs, inspect any facility at which a person is acting as a dog retailer; conduct an inspection during regular business hours without providing advance notice. If an inspection or investigation is refused, hindered, or thwarted by intimidation or otherwise, and if the Director or the attorney general obtains a court order or a search warrant to conduct the inspection or investigation, and the owner of the premises is found guilty of violating this chapter or rules adopted under it, the owner is liable to the Director for the reasonable costs incurred by the Director, attorney general & local law enforcement to conduct the inspection or investigation. The Director shall adopt rules establishing requirements and procedures governing high volume breeders, including licensing, inspection and record keeping, in addition to the requirements of chapter 956.
Inspections
No licensure requirement. A person may not possess or have charge of more than 50 sexually intact dogs that are 2 years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for this purpose if during a 12-mo. period the person sells or offers for sale more than 3 litters of dogs that are less than 8 mo. of age. A person who possesses or has charge of 50 or more sexually intact dogs that are 8 mo. of age or older shall maintain a record for each dog with information related to date of birth, acquisition by the person, source of the dog, dates of breeding, litters, disposition made of each dog, and new owner contact information. A person shall retain such records for 3 years after the dog’s death or the date on which the person permanently ceased to have possession or charge of the dog.
OREGON
Definitions
Humane standards and record-keeping requirements applicable to owners of 10 or more sexually intact dogs that are at least 8 mo. of age.
WHO IS RESPONSIBLE?
No agency is responsible.
§ 167.374 & 167.376
HUMANE STANDARDS
“Regular exercise” means removing the dog from its primary enclosure and walking it on a leash, or allowing it to move about freely within a building or outdoor space at least 1 hour per day, or allowing the dog to walk on a treadmill or similar device, if prescribed by a veterinarian to accommodate a medical condition. A person who possesses or has charge of 10 or more sexually intact dogs that are 8 mo. of age or older shall provide each dog with sufficient space to turn about freely, stand, sit and lie down without touching the sides of the enclosure or other dogs; and shall provide each dog with an enclosure that: has a solid floor, is 6” higher than the head of the tallest dog, and not stacked or otherwise placed above or below any other dog enclosure; and shall provide each dog older than 4 mo. with at least 1 hour of regular exercise each day; and shall remove waste and contaminants from the enclosure at least daily; and shall remove the dog from the enclosure during such cleaning; and shall maintain a record for each sexually intact dog at least 8 mo. of age that identifies any veterinary care provided. Such records shall be maintained for 3 years following the death of the dog or a date on which the person ceased to have possession of it. Such record-keeping requirements do not apply to transporters of dogs.
Exemptions
Prohibition on possession of 50 or more dogs for breeding purposes and record keeping requirements do not apply to: an animal control agency, humane society or animal shelter; a person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter; a veterinary facility; a person who is transporting dogs, or a boarding kennel.
No inspection requirement.
Inspections
Any person in Pennsylvania who operates a kennel, commercial kennel, dealer kennel, pet-shop kennel or private kennel must apply to the department for a kennel license. Kennels are divided into Classes I (50 or fewer dogs ) through VI (more than 500 dogs), with “C” denoting a given class of commercial kennels. A kennel’s class determines the license fee. A separate license is required for each class of kennel and every location at which a kennel is operated.
PENNSYLVANIA
Definitions
Kennel - Any establishment in or through which at least 26 dogs are kept or transferred in a calendar year, or a boarding kennel. Commercial kennel - 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. Dealer kennel - A kennel which (1) publicly or privately sells or offers for sale any dog belonging to another person as an owner, agent or assignee, for a fee or commission; (2) acquires or sells dogs at wholesale for resale to another; or (3) offers or maintains dogs for sale at wholesale for resale to another. A dealer kennel does not include a pound, shelter or common carrier or a kennel defined elsewhere in this section
Exemptions
None
WHO IS RESPONSIBLE?
PA Department of Agriculture
P.L. 1450, No. 119
HUMANE STANDARDS
Kennels, dealer kennels, pet-shop kennels & private kennels must develop and follow a vet-approved plan to provide dogs with the opportunity for exercise. Must also be equipped with smoke alarms or fire extinguishers. Housing facilities shall be equipped with fire extinguishers on the premises. The following applies only to commercial kennels: Primary enclosures must be structurally sound & kept in good repair; maintained so as to protect dogs from injury; prevent entry by non-dogs; enable dogs to remain dry and clean; provide shelter & protection from temperatures and weather that may be uncomfortable or hazardous to dogs; sufficient space for normal postural movements; potable water at all times; all surfaces in contact with dogs must be able to be readily sanitized or replaceable; floor shall not permit dogs’ feet to pass through any opening. Additional provisions applicable to commercial kennels relate to: extra space for nursing dogs, compatibility of dogs’ housed together, establishing a veterinarian-client/patient relationship, temperature, ventilation and light standards, nutrition, limits on stacking primary enclosures, fire alert & suppression systems, thorough cleaning & sanitization & pest control, health records, euthanasia to be performed only by vets, exercise areas, and vet exams at least every 6 mo.
The secretary shall not approve any kennel license application without an inspection and approval by a State dog warden or employee of the Department. State dog wardens and other employees of the Department are authorized to inspect all licensed kennels, all dogs and all unlicensed establishments operating as a kennel. All licensed kennels must be inspected at least twice yearly to enforce the provisions of this Act and associated regulations. It is unlawful to refuse entry to authorized inspectors. Authorized inspectors may examine records required under this Act of all licensed and unlicensed kennels.
Inspections
No dog license requirement is imposed on any thoroughbred dogs kept for breeding and stud purposes only, if (1) the dog is owned by a breeder or annual exhibitor of thoroughbred dogs, & (2) the dogs are kept in a breeding kennel licensed in accordance with the No dog license requirement is imposed on any thoroughbred dogs kept for breeding and stud purposes only, if (1) the dog is owned by a breeder or annual exhibitor of thoroughbred dogs, & (2) the dogs are kept in a breeding kennel licensed in accordance with the appropriate license granted by the Director. A license may be denied to any public auction, pet shop or dealer or, if granted, the license may be revoked by the Director if, after a hearing, it is determined that the housing facilities and/or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing and housing practices are inconsistent with this chapter or associated regulations.
RHODE ISLAND
Definitions
Breeder - a person engaged in the propagation of purebred dogs or cats for the purpose of improving a breed registered by the American kennel club, American field stud book, or a registered cat breed association. Dealer – a person who sells or offers to sell animals to another dealer, pet shop, or research facility, or who breeds dogs or cats for the purpose of selling them to another dealer, pet shop, or research facility. Hobby breeder - a person engaged in the breeding of dogs or cats whose regular occupation is not such breeding, and who sells the animals at retail only. Pet shop – an establishment where animals are bought, sold, or offered for sale to the public at retail. An establishment or person who sells only offspring of canine or feline females maintained on their premises and sold therefrom, is not a pet shop. Public auction - any place where dogs or cats are sold at auction to the highest bidder whether as individuals, as a group, or by weight.
WHO IS RESPONSIBLE?
RI Environmental Mgmt. Office
§ 4-13-10 & § 4-19-1 to 4-19-21
HUMANE STANDARDS
The Director may promulgate regulations to carry out the objectives of this chapter. Such rules may relate subjects such as primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, adequate veterinary medical care. The Director may, after public hearing, adopt in whole or in part, portions of the regulations promulgated by the secretary of the USDA under the Animal Welfare Act, that are consistent with the intent of this chapter.
Exemptions
Breeders and hobby breeders are not subject to the licensing, inspection or other provisions of this chapter.
Inspections
Authorized representatives of the Director, and the general agent of the RI Society for the Prevention of Cruelty to Animals, may enter at reasonable times upon any private or public property to inspect and investigate conditions related to the provisions of this chapter.
A person in Texas may not act, or offer to act as, a dog or cat breeder without a license issued as per the Dog or Cat Breeders Act for each breeding facility to be operated.
TEXAS
Definitions
Dog or Cat Breeder - a person who possesses 11 or more adult intact female animals, and is engaged in the business of breeding them for sale, and who does sell, or offer to sell, at least 20 animals in a calendar year.
Exemptions
The Dog or Cat Breeders Act does not apply to animals regulated under the Texas Racing Act The Dog or Cat Breeders Act does not apply to the breeding of dogs for personal use with the intent that they be used primarily for: herding livestock; hunting, including tracking, chasing, pointing, flushing, or retrieving game; or competing in field trials, hunting tests, or similar events. Such a breeder may still conduct sales or exchanges in return for consideration of such dogs, and remain exempt.
WHO IS RESPONSIBLE?
The TX Department of Licensing and Regulation [“the Dept.”] shall administer and enforce the Dog or Cat Breeders Act. The Texas Commission of Licensing and Regulation shall adopt rules necessary to administer and enforce the Act.
Occupation Code, Title 4, CH 802, i.e, "The Dog or Cat Breeders Act"
HUMANE STANDARDS
The Commission shall adopt rules establishing standards for humane handling, care, housing, and transportation of dogs and cats by a dog or cat breeder, that, at a minimum, meet federal regulations. Such standards must require: that each dog 12 weeks of age and older is provided with at least 1 hour of daily exercise in an area meeting certain specifications; adequate periods; certain specifications for primary enclosures; an impervious barrier between any stacked primary enclosures; stacking limited to 3 vertical levels; at least 1 yearly vet exam for each breeding animal; a written health care management protocol; provision of necessary routine vet care & treatment for any illness to maintain all animals in good health); all surgical births & adult euthanasia limited to vets; appropriate staff training in animal care & handling; & animals must be over 8 weeks of age when sold or exchanged).
The Dept. shall inspect each facility of a licensed dog or cat breeder at least once every 18 mos., & at other times as necessary to ensure compliance with the Dog or Cat Breeders Act & associated rules. Inspections must be conducted during the facility's normal business hours, and the breeder must be given a reasonable opportunity to be present. However, if necessary to adequately perform the inspection, the Department may elect to arrive at the facility unannounced. The Dept. may not issue a license to a dog or cat breeder without a prelicense inspection and satisfactory report – unless the applicant holds a current Class A animal dealers license issued under the Animal Welfare Act & submits a statement certifying that the facility meets the requirements of the Dog or Cat Breeder’s Act & associated rules.
Inspections
A pet dealer shall apply to the municipal clerk of the town or city in which the cats, dogs, or wolf hybrids are kept for a pet dealer permit. No person may operate a fair unless a certificate of registration for the fair has been granted by the Secretary. No fee shall be required for the certificate. No person may operate a public auction unless a license has been granted by the Secretary. The license fee shall be $10.00. No person may transact business as a pet shop without a license granted by the Secretary. The license fee shall be $150.00.
VERMONT
Definitions
Pet dealer - any person who sells or offers to sell cats, dogs, or wolf-hybrids, from 3 or more litters in any 12-mo. period. Pet shops are not considered pet dealers. Pet shop - a place of retail or wholesale business, including a flea market (not part of a private dwelling), where cats, dogs, wolf hybrids, or other vertebrate pet animals are displayed for the purpose of sale to the public. Public auction - any place where dogs or cats are sold at auction to the highest bidder whether individually, as a group, or by weight Fair - any public or privately operated facility where animals are confined for display and/or sale.
WHO IS RESPONSIBLE?
Agency of Agriculture, Food and Markets
20 V.S.A. §3681 – 3684 & 20 V.S.A. § 3901 - 3914
HUMANE STANDARDS
The Secretary may adopt rules to carry out the purposes of this chapter, including provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, and adequate veterinary medical care, with respect to animals kept or cared for at premises licensed or registered under this chapter.
Exemptions
None
Inspections
Inspections of pet dealers permitted, but not required to be conducted: A pet dealer's premises may be inspected upon the issuance of the pet dealer permit or at any time the permit is in effect. Inspections may be conducted by a municipal animal control officer, a law enforcement officer, or a representative of the Agency of Agriculture, Food and Markets. This section shall not create an obligation on the part of any municipal legislative body to conduct inspections. Inspections shall be scheduled in advance with the pet dealer, and shall be conducted to facilitate compliance with animal welfare regulations. The inspector shall be accompanied by the pet dealer, and shall not take photographs or videos without the permit holder’s written consent. A pet dealer who acquires a pet dealer permit shall allow inspections of the pet dealer's premises as a condition of receiving and retaining the permit.
No commercial dog breeder shall breed dogs in VA without a valid business license issued by the locality where he maintains his breeding dogs. The governing body of any locality may, by ordinance, require a person operating a pet shop or operating as a dealer to obtain a permit. It is unlawful for a pet shop to sell any dog procured from one who is not a dealer or licensed by the U.S.D.A pursuant to the Animal Welfare Act. It shall be unlawful for any commercial dog breeder who is not licensed by the U.S.D.A pursuant to the federal Animal Welfare Act to sell any dog to a pet shop, unless such breeder possesses a U.S.D.A dealer's permit.
VIRGINIA
Definitions
Commercial Dog Breeder - any person who, during any 12-mo. period, maintains 30 or more adult female dogs for the primary purpose of selling their offspring as companion animals. Dealer - any person who, in the regular course of business, buys or sells companion animals for profit. Any person who transports companion animals as a common carrier is not considered a dealer. Kennel - any establishment in which 5 or more canines or felines are kept for purposes of breeding, hunting, training, renting, buying, boarding, selling, or showing. Pet shop - an establishment where companion animals are sold or offered for sale to the general public.
Exemptions
None
WHO IS RESPONSIBLE?
State Veterinarian for the Department of Agriculture and Consumer Services; any animal control officer, and any public health or safety official of the locality.
CH 65: Comprehensive Animal Care, §3.2-6500 - 3.2 6590
HUMANE STANDARDS
Each owner, including dealers, pet shops and kennels, shall provide for each of his companion animals: adequate feed; adequate water; adequate shelter that is properly cleaned; adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; adequate exercise; adequate care, treatment, and transportation; and veterinary care when needed to prevent suffering or disease transmission. Commercial dog breeders shall: (1) Maintain no more than 50 dogs over the age of 1 year for breeding purposes. However, more dogs may be allowed if approved by local ordinance after a public hearing; (2) Breed female dogs only between the ages of 18 mo. & 8 years, & after annual veterinary certification; (3) Employ a vet for all euthanasia; (4) Maintain accurate medical and identification records for each animal for at least 5 years.
Broad Authority to Inspect - No Requirement: The State Veterinarian & his/her authorized representatives shall have the power to inspect any business premises where animals are kept, including any kennel, pet shop and the business premises of any dealer, at any reasonable time, for the purposes of determining if a violation of this chapter or any other state law governing the care, control or protection of animals has occurred. Upon receiving a complaint of a suspected violation of this chapter or any associated ordinance or any law protecting domestic animals, any animal control officer, law-enforcement officer, or State Veterinarian's representative may enter upon, during business hours, any business premises, including any place where animals or animal records are housed or kept, of any dealer or pet shop. The Commissioner, the State Veterinarian, any animal control officer, or public health/safety official of the locality where a commercial dog breeder maintains operations may, upon receiving a complaint
Inspections
Dog breeders are not required to be license in the state of Washington.
WASHINGTON
Definitions
Retail Pet Store - a commercial establishment that sells, for profit & at retail, cats, dogs, or other animals to be kept as household pets, and is regulated by the USDA.
WHO IS RESPONSIBLE?
Local law enforcement agencies & animal care and control agencies.
RCW §16.52.310
HUMANE STANDARDS
The limitation on number of dogs kept and humane standards do not apply to retail pet stores. A person may not own or possess more than 50 dogs with intact sexual organs over 6 mos. at any time; this limitation does not apply to a commercial dog breeder licensed before 1/01/10, by the USDA pursuant to the Animal Welfare Act. Any person who owns or possesses more than 10 dogs with intact sexual organs over 6 months and keeps the dogs in an enclosure for the majority of the day, must: (1) provide adequate space for normal postural movements without any part of the dogs’ bodies touching each other or the sides of the enclosure, & must meet minimum length & height requirements; (2) provide each dog over 4 mos. with at least 1 hour of exercise daily - either leash walking or access to an enclosure with at least 4 times space required for the primary enclosure, no treadmill-type devices permitted; (3) maintain adequate housing facilities and primary enclosures that: are kept sanitary, sufficiently ventilated & lit, have a means of fire suppression, enable dogs to remain dry and clean, provide shelter and protection from extreme temperatures and weather conditions, provide shade, have floors that protect dogs' feet and legs from injury, are not stacked on top of another primary enclosure, and house only animals that are compatible; (4) provide dogs with easy access to adequate food and water; provide vet care without delay when necessary, breed dogs only between 12 mo. & 8 yrs & when approved by vet, employ a vet for all euthanasia.
Exemptions
None
Inspections
None
Every owner of a kennel in West Virginia shall annually file with the county assessor an application for kennel registration. Upon filing such application, together with a $10 payment, the assessor shall issue a certificate of kennel registration. A kennel registration entitles the registrant to register & receive certificates & tags for a maximum of 5 dogs without having to pay a separate head tax on the dogs [head tax is $3/dog, per §19-20-2]. Commercial dog breeders shall obtain a permit annually to operate, as required by the local county commission. The fee for a Class I Commercial Dog-Breeder's permit shall not exceed $250 yearly. The fee for a Class II Commercial Dog Breeder's permit shall not exceed $500 yearly. No commercial dog breeder may breed dogs without a business registration certificate per §11-12-3 & a valid business license from the locality, if so required by the locality.
WEST VIRGINIA
Definitions
Kennel - a place wherein dogs are bred, kept, boarded or sold as a commercial venture for profit. Commercial Dog Breeder - a person who maintains 11 or more unsterilized dogs over 1 yr. for the exclusive purpose of breeding, & is engaged in breeding dogs as pets for direct or indirect sale. The term does not include (1) any person who breeds dogs exclusively for herding or guarding farm animals, hunting, tracking or exhibiting in dog shows, performance events or field & obedience trials; or (2) regarding greyhounds only, a person who holds an occupational permit from the WV Racing Commission, & who has registered a greyhound kennel name with that organization. Class I Commercial Dog Breeder - a commercial dog breeder who possesses between 11 & 30 unsterilized dogs over the age of 1 yr. at any one time for the exclusive purpose of breeding. Class II Commercial Dog Breeder - a commercial dog breeder who possesses more than 30 unsterilized dogs over the age of 1 yr. at any time.
Exemptions
None
WHO IS RESPONSIBLE?
Kennel Registration: assessor of the county where the kennel is located Commercial Breeder Permitting: county commission Commercial Breeder Inspections: animal control officers & law enforcement.
§19-20-3, §19 20-26
HUMANE STANDARDS
Commercial Dog Breeders Only: Shall breed female dogs only with a vet’s annual certification of suitable health for breeding; employ a licensed vet for all euthanasia; provide for humane treatment of dogs [cruelty to animals]; provide dogs with easy access to adequate clean food and water in sanitized receptacles; provide vet care without delay when necessary; and maintain adequate staff to ensure compliance with this section. Shall maintain adequate housing facilities & primary enclosures that are: kept sanitary & in good repair, sufficiently ventilated, equipped with means of fire suppression, sufficiently lit to allow continuous observation of dogs; such as to enable dogs to remain dry and clean. Shall maintain housing facilities that protect dogs from extreme temperatures & weather & provide sufficient shade to shelter all dogs at once. Shall maintain primary enclosures that: are not stacked, have solid floors, are cleaned at least daily, group together only compatible dogs, and isolate sick dogs. Nothing exempts a facility licensed by the USDA from compliance with the section.
Commercial dog breeding locations are subject to biannual inspections by animal control officers or law-enforcement officers to ensure compliance with state animal care laws and regulations.
Inspections
No person may do any of the following without an annual license from the Dept: operate as a dog breeder; operate a dog breeding facility; operate as a dog dealer; or operate as an out-of state dog dealer. Out-of-state dog dealers shall obtain 1 license; all others must obtain a license for each premises at which the person maintain a dog breeding facility, or operates as a dog breeder or dog dealer. The Dept. may not issue a license to an out-ofstate dog dealer unless the dealer provides to the Dept. copies of any licenses required by the dealer’s home state & by federal law. A person who operates a temporary dog market shall register with the Dept.
WISCONSIN
Definitions
Dog Breeder - a person who sells 25 or more dogs, from more than 3 litters, in a year, that the person has bred and raised. Dog breeding facility - a place at which dogs are bred & raised, and from which 25 or more dogs, from more than 3 litters, are sold in a year. Dog Dealer - a person, other than an out-of-state dog dealer, who sells or offers for sale, 25 or more dogs in a year that the person has not bred and raised, or who operates an auction at which 50 or more dogs are sold or offered for sale in a year. Out-of-State Dog Dealer - a person who is not a WI resident who brings 25 or more dogs into WI for sale within the state in a year. Temporary Dog Market - a place at which persons sell dogs, and possibly other items, from booths or spaces that are rented from or provided at no cost by the operator of the place; the term does not include a dog trial.
WHO IS RESPONSIBLE?
Department of Agriculture, Trade and Consumer Protection
W.S.A. §173.41
HUMANE STANDARDS
Dog Breeders, Dog Dealers, Out-of-State-Dog-Dealers, & those who operate Dog Breeding Facilities: May not transfer a dog to a buyer until the dog is 7 wks of age; Shall do all of the following for each dog: provide sufficient food and water to maintain good health, & provide necessary & standard vet care in a timely manner. Shall ensure that: no dog is kept in an enclosure unless all of the following apply to the enclosure: it is appropriately sized, given the characteristics & number of dogs to be kept within it; it is structurally sound & in good repair; if the flooring is made of wire, it is coated & of a sufficient gauge to prevent injury, it is clean & sanitary. No dogs are kept in an enclosure for a period that the Dept. determines to be excessive, considering enclosure size & any other factors that the Dept. considers relevant. No dogs are kept outdoors unless the breed is typically kept outdoors & is acclimated to the outdoors, & there is adequate shelter from the sun & inclement weather. All facilities in which dogs are kept are adequately lit, ventilated, & maintained at a proper temp., considering dogs’ breed. All dogs are provided adequate daily access to exercise. Are observed daily by the caretaker or an individual under his or her direct supervision. Operators of Temporary Dog Markets: If a person offers to sell dogs at a temporary dog market for 2 or more consecutive days, the operator of such market must employ a vet to examine the dogs for sale daily.
Exemptions
None
Inspections
The Dept. shall inspect the premises of dog breeders, dog dealers, out-of-state dog dealers& those who operate a dog breeding facility, before issuing the initial license & at least every 2 yrs thereafter. The Dept. is not required to inspect the out-of-state premises at which an outof-state dog dealer operates; the Dept. may enter and inspect such premises at any time during normal business hours to ensure compliance with this section. A person who sells or offers to sell dogs at a temporary dog market shall provide the following information to the market operator: license no., if licensure is required; a description of each dog, including either a statement that the dog was born in the person's possession or the name and address of the person from whom the dog was acquired; documentation showing that the person complied with requirements related to importation of dogs into WI. The Dept. may inspect a temporary dog market and the information provided at any time during normal business hours. A person who operates a temporary dog market shall take reasonable steps to ensure dog sellers provide the information required & obtain, review, & retain copies of same for a minimum of 5 yrs., & furnish it to the Dept. for inspection upon request.