Table of State Laws Concerning Breeders, Kennels, and Puppy Mills
Rebecca F. Wisch
Animal Legal & Historical Center
Publish Date:
2009
Place of Publication:
Michigan State University College of Law
Printable Version
Table of State Laws Concerning Breeders, Kennels, and Puppy Mills
Note: this table attempts to shows the relevant state laws that would address "puppy mills," breeding facilities, kennels, and pet stores. Currently, only about half the states have laws that would cover either breeders or kennel operators. Specific procedures dealing with the care of these animals may also be addressed in state administrative codes, which are not listed on this table.
State
Citation and link
Who is covered (Breeder, Kennel, Pet Shop or Dealer)?
Cattery - means an enterprise wherein or whereon the business of grooming or boarding cats, or breeding cats for sale, and selling those cats, is carried on, and which does not in its usual course of business acquire cats for resale to the public.
Kennel - means an enterprise wherein or whereon the business of grooming or boarding dogs, or breeding dogs for sale, and selling such dogs, is carried on, and which does not in its usual course of business acquire dogs for resale to the public.
Retail pet store -means any room or group of rooms, run, cage, compartment, exhibition pen, or tether, any part of which is within the State of Arkansas, wherein any animal is sold or kept, displayed, or offered for sale, to the public. It excludes kennels and catteries which sell animals directly to consumers. Also excluded are duly authorized animal shelters and duly incorporated humane societies dedicated to the care of unwanted animals which make those animals available for adoption, whether or not a fee for such adoption is charged.
Any authorized person is entitled to inspect the premises and records of a retail pet store at reasonable hours.
The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such additional rules, regulations, and standards as may be necessary to carry out the intent of this chapter.
Dog breeder - engaged in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring same.
Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty; maximum penalty shall not exceed one thousand dollars per violation.
Person may be denied license if previously convicted of animal cruelty.
Kennel - Any owner or keeper of a kennel who breeds more than two litters of dogs annually shall apply to the town clerk in the town in which such kennel is located for a kennel license.
Any person maintaining a kennel after such license has been revoked or suspended shall be fined not more than one thousand dollars or imprisoned not more than one year or both.
If kennel operator fails to allow an inspection of such facility as required in subsection (b) of this section shall be fined not more than one thousand dollars or imprisoned not more than one year or both.
No person shall maintain a commercial kennel or pet shop until he or she has obtained a license; must follow regulations related to sanitation, disease and humane treatment of dogs or cats and the protection of the public safety.
Kennel wherein dogs are kept for show, trial, sale, breeding or other purposes.
If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements for the humane handling, care and treatment of dogs, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have at least 10 days to bring the premises or facility into compliance.
Pet dealer or pet dealership means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. However, 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.
Kennel means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation.
It shall be unlawful for any person to act as a pet dealer or operate a kennel, stable, or animal shelter unless such person has a valid license issued by the Commissioner of Agriculture. Any person acting without a license in violation of this subsection shall be guilty of a misdemeanor.
The Commissioner is authorized to enter upon any public or private property at any time for the purpose of inspecting the business premises of any pet dealer or any animal shelter, kennel, or stable and the dogs, cats, equines, or other animals housed at such facility.
Must keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed.
Must provide humane care for any animal.
Must take reasonable care to release for sale, trade, or adoption only those animals that appear to be free of disease, injuries, or abnormalities.
Pet shop operator, dog dealer, kennel operator, cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof.
Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department.
Any person violating any provision of this Act or any rule, regulation or order of the Department issued pursuant to this Act is guilty of a Class C misdemeanor and every day a violation continues constitutes a separate offense.
Also administrative fines:
1) For the first violation, a fine of $200
(2) For a second violation that occurs within 3 years after the first violation, a fine of $500
(3) For a third violation that occurs within 3 years after the first violation, mandatory probationary status and a fine of $1,000
The licensee shall:
·Maintain sanitary conditions
·Insure proper ventilation
·Provide adequate nutrition
·Provide humane care and treatment of all animals under his jurisdiction
·Take reasonable care to release for sale, trade, or adoption only those animals which are free of disease, injuries or abnormalities
Boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions
Operation of a pound, animal shelter, pet shop, boarding kennel, commercial kennel, research facility, or public auction, or dealing in dogs or cats, or both, either as a dealer or a commercial breeder, without a currently valid license or a certificate of registration is a simple misdemeanor and each day of operation is a separate offense.
The failure to adequately house, feed, or water dogs, cats, or vertebrate animals in the person's or facility's possession or custody is a simple misdemeanor.
Must adequately house, feed, and water animals under care:
“Adequate feed” means the provision at suitable intervals of not more than twenty-four hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container.
“Adequate water” means reasonable access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four hours at any interval.
“Primary enclosure” means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment.
Violation or failure to comply with any provision of the Kansas pet animal act or any rule/regulation may result in civil fine not exceeding $1,000 for each violation or requirement to attend an educational course regarding animals and their care and treatment. If the commissioner imposes the educational course, such person may choose either the fine or the educational course.
The commissioner/ rep. shall make an inspection of the before issuance of such license or permit.
The application for a license shall conclusively be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be licensed at reasonable times; Refusal of such entry and inspection shall be grounds for denial of the license or permit. Notice need not be given to any person prior to inspection.
Accompanying admin regulations provide standards of care for:
Facilities (structural soundness, power and water, operational procedures related to disposal; lighting, pens)
Animal Health and Husbandry standards (food, waste removal, disease prevention, etc.)
Kentucky
None
Louisiana
None (provision requiring licensing for kennel operators – LA RS 3 § 2772)
Breeding kennel means a location where 5 or more adult dogs, wolf hybrids 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.
Kennel means 5 or more dogs or wolf hybrids kept in a single location under one ownership for breeding, hunting, show, training, field trials, mushing 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.
Pet shop means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public.
An animal control officer must inspect annually a kennel prior to the municipality issuing a kennel license.
An animal control officer, at any reasonable time, escorted by the kennel owner or the kennel owner's agent, may inspect the kennel.
Inspections must be conducted in accordance with the sanitation and health rules established by the department for compliance with laws and rules; also can make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions.
Operation without having obtained a license, or after a license has been revoked or suspended, commits a civil violation for which a forfeiture of not less than $50 nor more than $200 a day may be adjudged.
Any person who violates this chapter commits a civil violation for which a forfeiture of not less than $50 nor more than $250 may be adjudged for a first violation and not less than $100 nor more than $500 for 2 or more violations.
“Humanely clean conditions” means that 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.
A person who is engaged in the business of buying, selling, trading, or breeding dogs; or of a kennel where 25 or more dogs are kept.
Authority to inspect to determine if dogs are being treated inhumanely in violation of this subtitle or other law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises
Chapter requires that dogs are being treated humanely.
Kennel - one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.
Every person maintaining a kennel shall have a kennel license.
The mayor of a city or selectmen of a town, or in Boston the police commissioner, or a chief of police or a dog officer within his jurisdiction, may at any time inspect any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner.
Must be maintained in a sanitary and humane manner.
Kennel - an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration.
Pet shop - a place where animals are sold or offered for sale, exchange, or transfer.
The licensing and registration requirements of this act do not apply to a person who breeds his or her own animals
Kennels – only licensing requirements
Pet shops - the director of agriculture shall not issue a license to operate a pet shop until he has inspected the premises to assure that it complies with the provisions of this act and the rules of the department of agriculture.
Any person who violates the provisions of this act or any rule of the department of agriculture promulgated under the provisions of this act is guilty of a misdemeanor.
Pet shops - The agriculture department shall issue rules to accomplish the purposes of this act and to establish minimum standards for housing, care and handling of animals to insure the humane care and handling of animals.
Pet dealer means any person, firm, partnership, corporation, or association, including breeders, that is required to collect sales tax for the sale of animals to the public. Pet dealer does not include humane societies, nonprofit organizations performing the functions of humane societies, or animal control agencies.
Breeder means any person, firm, partnership, corporation, or association that breeds animals for direct or indirect sale to the public.
No person, firm, or corporation shall establish, maintain, conduct, or operate a kennel or operate as a dealer within this state without first obtaining a license from the board of animal health.
When application is made, the license shall be issued by the board if, after inspection of the premises, the board determines that the kennel or dealer complies with sections 347.31 to 347.40 and the rules promulgated
The board of animal health shall cause to be inspected from time to time all kennels and dealers licensed hereunder.
Violation of any provision, or operation of a kennel or as a dealer without a license, or operation of a kennel or as a dealer after revocation of a license or during a period of suspension, shall constitute a misdemeanor.
Per MN ST 346.58, the Commissioner consults with various groups to come up with “best management standards of care” for dogs and cats by dealers, commercial breeders, and brokers. “The commissioner shall urge all dealers, commercial breeders, and brokers to follow the standards issued in the order.”
The board of animal health shall promulgate rules as it deems necessary for the operation of kennels and dealers:
Rules must include, but are not limited to, requirements governing the care of dogs and cats, minimum conditions, and maintenance of quarters and kennels, the humane treatment of dogs and cats while in the kennels, maintenance of detailed records showing the person from whom any dog or cat aged over three months has been received, and in the case of a dealer, including address, driver's license number or social security number, and to whom it has been transferred, and preservation of the records for a minimum period of two years.
Commercial breeder - person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three intact females for the primary purpose of breeding animals for sale.
Pet shop - any facility where animals are bought, sold, exchanged, or offered for retail sale to the general public.
Persons engaged in breeding dogs and cats who harbor three or less intact females shall be exempt from the provisions.
The director may refuse to issue or renew or may revoke a license if:
·Material and deliberate misstatement in the application
·Disregard or violation of sections 273.325 to 273.357 or of any rules promulgated pursuant thereto
·Conviction of any violation of any state or federal law relating to the disposition or treatment of animals
·Failure to provide adequate food, water, housing or sanitary facilities for animals under the control of an animal shelter, boarding kennel, commercial breeder, commercial kennel, contract kennel, dealer, pet shop, pound, or exhibitor
Operation of an animal shelter, pound or dog pound, boarding kennel, commercial kennel, contract kennel, pet shop, or exhibition facility, or activity as a commercial breeder or dealer without a valid license shall constitute a class A misdemeanor.
The premises of each licensee shall be open for inspection.
Adequate shelter, including proper conditions of sanitation and ventilation;
Adequate food and water; and
Maintenance of records of acquisition and disposition of animals in the custody of the licensee.
The director shall promulgate rules for an adequate program of health and veterinary care which shall be maintained for all animals in the custody of persons and facilities subject to licensure pursuant to sections 273.325 to 273.357, except pounds or dog pounds.
Commercial breeder means any person (a) engaged in the business of breeding dogs or cats and (b) who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by such person. A person who owns or harbors three or less unaltered dogs or cats for breeding purposes which are at least six months of age shall not be a commercial breeder.
A person who sells, exchanges, or leases thirty or less dogs or cats in a twelve-month period shall not be a commercial breeder if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. A person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading shall be classified as a commercial breeder.
Pet shop means a retail establishment which sells pet animals and related supplies.
The department shall inspect all licensees at least once in a twenty-four-month period to determine whether the licensee is in compliance with the Commercial Dog and Cat Operator Inspection Act.
A license may be suspended after the director determines that there is a significant threat to the health or safety of the dogs or cats harbored or owned by the licensee.
Any person who violates any provision of the act is guilty of a Class I misdemeanor.
The department shall use as a guideline for the humane handling, care, treatment, and transportation of dogs and cats the standards of APHIS as set out in 9 C.F.R. 3.1 to 3.19.
A commercial breeder shall:
(1) Maintain housing facilities and primary enclosures in a sanitary condition;
(2) Enable all dogs and cats to remain dry and clean
(3) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats
(4) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time
(5) Provide dogs and cats with easy and convenient access to adequate amounts of clean food and water
(6) Provide adequate space appropriate to the age, size, weight, and breed of dog or cat
(7) Provide dogs with adequate socialization and exercise
(8) Assure that a handler's hands are washed before and after handling each infectious or contagious dog or cat
(9) Provide veterinary care without delay when necessary
Commercial kennel means any person, business, corporation, or other entity that sells or transfers 10 or more litters or 50 or more puppies in any 12-month period.
Pet shop means any establishment licensed to keep, maintain and sell certain live animals, birds and fish at retail to the public.
Must be duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire.
Inspections of all premises as described in RSA 437:1 shall be made at reasonable times, but in no case less frequently than every 6 months.
Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.
In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.
The department may adopt rules, under RSA 541-A, relative to health and sanitation standards to effectuate the purposes of this subdivision.
Kennel - any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
Pet shop - mean any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
Any person who violates or who fails or refuses to comply with rules and regulations promulgated by the State Department of Health shall be liable to a penalty of not less than $5.00 nor more than $50.00 for each offense; except that for the first offense in cases of violations of sections 2, 4 and 6 of this act, the penalty shall be not less than $1.00 nor more than $50.00, to be recovered in the same manner.
The State Department of Health promulgates rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.
Pet Dealer - any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell or offer to sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall further not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.
No person shall operate as a pet dealer unless such person holds a license issued by the commissioner.
The commissioner/agents shall, at a minimum, make yearly inspections of pet dealers' facilities to ensure compliance.
A pet dealer who violates any provisions of this article may be subject to denial, revocation, suspension, or refusal of renewal of his or her license.
Violation of any provision of this article, is a civil offense, for which a penalty of not less than fifty dollars and not more than one thousand dollars for each violation may be imposed.
Minimum standards of animal care related to housing, primary enclosures, housing facilities, temperature, adequate lighting, cleaning, waste disposal, whelping box if needed, sanitation, feeding and watering, proper handling, veterinary care without undue delay when necessary.
License required for pet shop, boarding kennel, public auction, dealer.
Boarding kennel - a facility or establishment which regularly offers to the public the service of boarding dogs or cats or both for a fee.
Dealer - means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility; provided, however, that an individual who breeds and raises on his own premises no more than the offspring of five canine or feline females per year, unless bred and raised specifically for research purposes shall not be considered to be a dealer for the purposes of this Article.
Pet shop - means 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, trades or offers to sell or trade such animals to the general public at retail or wholesale.
The Director may refuse to issue or renew or may suspend or revoke a certificate of registration for any animal shelter or a license for any public auction, kennel, pet shop, or dealer:
Failure to provide adequate housing facilities and/or primary enclosures for the purposes of this Article.
If the feeding, watering, sanitizing and housing practices at the animal shelter, public auction, pet shop, or kennel are not consistent with the intent of this Article or the rules adopted under this Article
The Board of Agriculture shall establish standards for the care of animals at animal shelters, boarding kennels, pet shops, and public auctions.
A boarding kennel that offers dog day care services and has to maintain an appropriate ratio of dogs to employees.
Must provide adequate housing facilities and/or primary enclosures for the purposes of this Article.
A kennel owner is a person, partnership, firm, company, or corporation professionally engaged in the business of breeding dogs for hunting or for sale.
Law provides only registration provision - No owner, keeper, or harborer of a dog more than three months of age, nor owner of a dog kennel, shall fail to file the application for registration required by section 955.01 of the Revised Code, nor shall he fail to pay the legal fee therefor.
Kennel - any establishment in or through which at least 26 dogs are kept or transferred in a calendar year, or a boarding kennel as defined in this act.
Nonprofit kennel – akennel registered under the laws of this Commonwealth as a nonprofit entity or a nonprofit animal control kennel.
Boarding kennel - any establishment available to the general public where a dog or dogs are housed for compensation by the day, week or a specified or unspecified time.
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.
Pet shop-kennel - any kennel or person that acquires and sells dogs for the purpose of resale, whether as owner, agent or consignee, and sells or offers to sell such dogs on a retail basis.
Private kennel - a kennel not meeting the definition of “commercial kennel” where dogs are kept or bred by their owner, for the purpose of hunting, tracking and exhibiting in dog shows, performance events or field and obedience trials.
Rescue network kennel – akennel that utilizes rescue network kennel homes with the goal of ultimately transferring the dog to a permanent owner or keeper through any means of transfer.
Research kennel -any Federal research kennel or other research kennel duly registered with and inspected by the Federal Government under the provisions of the Animal Welfare Act and its attendant regulations.
Kennels - the secretary may assess a civil penalty, in addition to any penalty under section 903(c), against an unlicensed kennel of not less than $500 nor more than $1,000 for each day it operates in violation of this act. The penalty shall be premised on the gravity and willfulness of the violation, the potential harm to the health and safety of the animals and the public, previous violations and the economic benefit to the violator for failing to comply with this act.
State dog wardens and employees of the department shall inspect all licensed kennels within the Commonwealth at least twice per calendar year to enforce the provisions of this act and regulations promulgated by the department under this act.
§ 459-207. Requirements for kennels:
Maintenance of kennels.--All kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.
Nonprofit kennels and Kennel Class I through VI license holders; Kennels under this subsection must develop and follow an appropriate plan to provide dogs with the opportunity for exercise. The plan shall be approved by a veterinarian.
Specific requirements for primary enclosures are provided in the law for all dogs in Kennel Class C kennels.
Kennels have requirements related to dog houses, veterinary care program, housing facilities, temperature, ventilation, lighting, cleaning, moisture control, primary enclosures (minimum space and construction of), sanitation, and control of pests/parasites.
Other provisions for all kennels:
A dog shall be examined by a veterinarian at least once every six months.
All dogs must be provided with adequate food that is clean and free from contaminants.
All kennels shall be equipped with a smoke alarm and shall have a means of fire suppression, such as fire extinguishers or a sprinkler system on the premises.
Breeder – a person engaged in the propagation of purebred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American kennel club, American field stud book, or a registered cat breed association.
Dealer - any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility, or who breeds dogs and/or cats for the purpose of selling or donating to another dealer or pet shop, or research facility.
Hobby breeder - those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only.
Kennel - a place or establishment other than a pound or animal shelter where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.
Pet shop - a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.
No person shall operate a pet shop, public auction, kennel, or dealer unless granted a license to operate.
Any person who operates without a currently valid license shall upon conviction for the first offense be punished by a fine not to exceed fifty dollars ($50.00), for the second and subsequent offense by a fine not to exceed one hundred dollars ($100).
Any person, firm or corporation who violates any provision of this chapter unless otherwise stated is subject upon conviction to a fine of $500 for the first offense and not to exceed $1000 for the second and subsequent offense and loss of specimen(s) and revocation of license and/or certificate after a public hearing.
Failure of any person licensed or registered to adequately house, feed and water animals in his or her possession or custody shall constitute a misdemeanor, and upon conviction the person shall be subject to a fine of not more than $100 per animal. Those animals shall be subject to seizure and impoundment.
Any authorized representative of the director has the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the provisions of this chapter.
Any person licensed or registered must adequately house, feed and water animals in his or her possession or custody:
"Adequate feed" means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.
"Adequate water" means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four (24) hours at any interval.
"Ambient temperature" means the temperature surrounding the animal.
"Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.
The director may promulgate rules and regulations consistent with the objectives and intent of this chapter. Those rules and regulations may include, but are not limited to, provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals handled, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, adequate veterinary medical care, disposition and voluntary surrender of animals at shelters with and without a request for disposition or destruction of the animal.
Dealer - any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state.
A person who violates any of the provisions of this part commits a Class C misdemeanor.
The owner or keeper of two or more domestic pets or wolf-hybrids four months of age or older kept for sale or for breeding purposes, except for his or her own use, shall apply to the municipal clerk of the town or city in which the domestic pets or wolf-hybrids are kept for a kennel permit.
Dealer - any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals, but shall not include a person who makes disposition only of offspring from animals maintained by him only as household pets.
Pet shop - a place where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
Public auction - any place or establishment where dogs or cats are sold at auction to the highest bidder whether individually, as a group, or by weight.
Pet merchant - any person who operates a pet shop or who acts as a dealer.
Kennels - premises may be inspected at any reasonable time.
Dealer, pet shops, fairs, auction, merchants:
Issuance of a certificate of registration may be denied to any animal shelter or fair, or a license denied to any public auction, or pet merchants, or any certificate or license previously granted under this chapter, may be revoked by the secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter, or if the feeding, watering, sanitizing and housing practices of the animal shelter, fair, public auction, pet merchant as the case may be, are not consistent with this chapter or with rules adopted under this chapter.
Any person licensed or registered under this chapter, who fails to provide animals under the person's care or custody with adequate food or adequate water, as defined in section 3901 of this title, or who fails to house animals in the person's care or custody in a manner which is adequate for their welfare, shall be fined not more than $500.00.
Any person who operates a fair, public auction, or who transacts business as a pet merchant, without being duly licensed or without possessing a proper certificate of registration, as the case may be, as required under this chapter, or who violates any provision of this chapter or of any rule lawfully adopted under its authority for which no other penalty is provided, shall be fined not more than $300.00 or imprisoned for not more than six months, or both.
The secretary may assess administrative penalties under sections 15-17 of Title 6, not to exceed $1,000.00, for violations of this chapter.
The secretary may as he deems necessary adopt, amend, revise and repeal rules consistent with this chapter for the purpose of carrying out its purposes. The rules may include, but need not be limited to, 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.
Commercial dog breeder - any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals.
Commercial dog breeders shall maintain no more than 50 dogs over the age of one year at any time for breeding purposes. However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing. Any such ordinance may include additional requirements for commercial breeding operations;
Kennel - any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.
The State Veterinarian/ rep. shall have the power to conduct inspections of animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, pound, or the business premises of any dealer, exhibitor or groomer, at any reasonable time.
No commercial dog breeder shall breed dogs in the Commonwealth without a valid business license issued by any locality.
The Commissioner/rep. may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include (i) the inspection of the books and records of any commercial dog breeder, (ii) the inspection of any companion animal owned by the commercial dog breeder, and (iii) the inspection of any place where animals are bred or maintained. In conducting the inspection, the Commissioner or animal control officer may enter any premises where animals may be bred or maintained during daytime hours.
Any commercial dog breeder violating any provision of this article is guilty of a Class 1 misdemeanor.
Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter is guilty of a Class 3 misdemeanor.
"Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
Each owner shall provide for each of his companion animals:
1. Adequate feed
2. Adequate water
3. Adequate shelter that is properly cleaned
4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight
5. Adequate exercise
6. Adequate care, treatment, and transportation
7. Veterinary care when needed or to prevent suffering or disease transmission.
The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment.
Every owner or operator of a kennel, wherein dogs are bred, kept, boarded or sold as a commercial venture for profit shall annually, between the first day of July and the thirtieth day of September of each year, file with the assessor of the county in which such kennel is located, kept or maintained, an application for the registration of such kennel for the fiscal year.
Any person who owns, keeps, or harbors a dog, or who owns or operates a kennel, subject to registration under the provisions of this article, and who fails, refuses, or neglects to register such dog or kennel, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
