Articles

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Table of State Puppy Age Sale Laws

Rebecca F. Wisch


Animal Legal & Historical Center
Publish Date:
2006 (updated 2011)
Place of Publication: Michigan State University College of Law
Printable Version

Table of State Puppy Age Sale Laws

 

This table has links to state laws that restrict the sale of puppies under a certain age.

 

 

State

Citation

To Whom Law Applies

Illegal Age of Puppy for Sale

What Actions

Penalty

Exemptions?

Arizona

AZ
ST § 44-1799.04

 

“Pet Dealer” - a person who owns a pet store

Less than 8 weeks old

Offer for sale

Class 1 misdemeanor

No

California

West's Ann. Cal. Penal Code § 597z

and

Cal. Health & Safety Code § 122045 - 122315

 

Any person to sell unless approved by CA licensed vet.  Section 12155 under the Health & Safety Code is limited to "pet dealer."

Under 8 weeks old

Sell – defined as when seller “physically transfers the dog or dogs to the purchaser.”

 

An infraction or misdemeanor

No

Colorado

CO ST § 35-80-108; also by admin. regulation

8 CCR 1201-11

 

Any person or entity

 

(Admin. reg. applies to “dog breeder facility”)

Under 8 weeks old

Sell, transfer, or adopt

Unlawful and violation of the chapter

No

Conn.

CT ST § 22-354

 

Any person, firm or corporation

Less than 8 weeks old; if imported or exported for sale must be with dam if under 8 weeks

Import or export for the purposes of sale or offering for sale

 

Sell within the state

30 days jail or $100 or both

No

Florida

FL ST § 828.29

 

Any person

Less than 8 weeks old

Transport into the state for sale or offer for sale within the state

Misdemeanor of the first degree as provided in s. 775.082 or s. 775.083

 

No

Illinois

IL ST CH 225 § 605/2.2

 

No dog dealer, kennel operator, or cattery operator for sale

Under 8 weeks old

Separate from its mother

Not specified

No

Indiana

IN ST § 15-17-18-10

 

A person

Under the age of 8 weeks

 

Import to, or export from, Indiana for the purpose of sale UNLESS transported with dam

 

Research facilities licensed under the federal Laboratory Animals Welfare Act, 7 U.S.C. 2131 et seq., are exempted from this prohibition.

 

Kansas

Admin. Regulation K.A.R. 9-25-12

A retail breeder licensee

Unless the puppy is 8 weeks old AND weaned.  "Weaned" means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five days.

 

Sell or exchange

Not specified

No

Maine

Admin. Regulation

01-001 CMR Ch. 701, § I

 

Any person

Until completion of 7th week of life

Sell, adopt, or give away

“Unlawful” – not specified

No

Maryland

MD CRIM LAW § 10-613

 

A person

 

Less than 8 weeks old

 

Sell or distribute in the State or bring into the State for the purpose of sale or distribution

Misdemeanor with a max. fine of $500

 

For purposes of humane disposal, a court may seize an animal brought into this State in violation of this section.

 

Does not apply to USDA licensed biomedical facility or if 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.

 

A person may give an unaccompanied dog or cat to:

(i) an animal shelter or pound that is operated or supported by a government; or

(ii) a humane society.

 

Mass.

Mass. Gen. Laws ch. 140 § 138A and 141B; also

by Admin. Regulation 330 CMR 12.05

Pet shop, commercial establishment, firm or corp.  under statute; Licensee under regulation

Under 8 weeks old including acquire, offer for sale, or display by regulation.  Cannot import under 8 weeks by statute.

Import by statue.  Acquire, display, offer for sale, sell or give away by regs.

Penalty by stat. is $50-100 and/or license revocation. Not specified by reg.

Yes; licensed pet shops and licened institutions.

Michigan

MI ST 287.335a

 

A person who operates a pet shop

Less than 8 weeks old; also Import or cause to be imported into this state, or offer for sale or resale, a dog or cat unless the dog or cat has deciduous (baby) teeth visibly present.

 

Import or cause to be imported into this state, or offer for sale or resale

Not specified

No

Missouri

Admin. Regulation

2 Mo. Code of State Regulations 30-9.020

 

Any person

Under 8 weeks old AND has been weaned

Delivered by any person to any carrier or intermediate handler for transport, in commerce, or shall be transported in commerce

Not specified

Except a registered research facility

Nebraska

NE ST § 28-1018

 

A person, other than an animal control facility or animal shelter

Under 8 weeks of age without its mother

Sell

Class V misdemeanor

Excludes:

 

Animal Control Facility defined as a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.

 

Animal Shelter defined as a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.

 

Nevada

NV ST § 574.500

 

A retailer, dealer or operator

Shall not separate a dog or cat from its mother until it is 8 weeks of age or accustomed to taking food or nourishment other than by nursing, whichever is later.

 

Separate puppy or kitten from its mother prior to weaning

 Not specified

No

New York

McKinney's Agriculture and Markets Law § 402

 

Pet dealer

Under 8 weeks old

Knowingly sell

Not specified

No

Ohio

OH ST § 955.50

 

No person for sale

Under the age of 8 weeks

Sell, offer to sell, or expose for sale, for the purpose of resale or receive for delivery within this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail.

Penalty per 955.99(C): minor misdemeanor on first offense and a misdemeanor of fourth degree on subsequent offenses.

 

This section does not apply to the transportation of dogs in interstate commerce by common carrier, provided that neither the point of shipment nor the point of receiving is within this state.

 

Penn.

PA ST 3 P.S. § 459-603

Also, PA St 3 P.S. 459-214 for importation of dogs into state. 

Anyone

Under 8 weeks old

Barter, trade, raffle, sell, auction or in any way transfer ownership

“Unlawful” – not specified

Unless the dog has been orphaned and goes to/from a nonprofit kennel with vet approval.

Virginia

VA ST § 3.1-796.70

 

Any person

Under 7 weeks old without its dam or queen

 

Sell, raffle, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device

Class 3 misdemeanor

Dealers may offer immature fowl, unweaned mammalian companion animals, dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven weeks of age.

 

Nothing in this section shall prohibit the sale of an unweaned animal (i) as food for other animals or (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal.

Wisconsin

WI ST 173.41

 

Any person licensed as a(n):

  • animal shelter
  • animal control facility
  • dog breeder
  • dog breeding facility
  • dog dealer
  • out-of-state dog dealer

 

Under 7 weeks old

Transfer a dog to a buyer

May be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years.

 

 

 

Top of Page
Share |