Chapter 1. Application and Definitions
15-21-1-1 Application of chapter - 15-21-1-1 Repealed by P.L.4-2024, SEC.2, eff. July 1, 2024
15-21-1-1.5 Exemptions
15-21-1-2 Application of definitions
15-21-1-2.3 “Animal care facility”
15-21-1-2.5 “Animal rescue operation”
15-21-1-3 “Board” defined
15-21-1-3.5 “Canine care certified program”
15-21-1-4 “Commercial dog breeder”
15-21-1-5 “Commercial dog broker”
15-21-1-5.3 “Hobby breeder”
15-21-1-6 “Person”
15-21-1-6.5 “Retail pet store”
15-21-1-6.7 “Unit”
15-21-1-7 “Veterinarian”
Chapter 2. Commercial Dog Broker and Commercial Dog Breeder Registration
15-21-2-0.1 Repealed by P.L.63-2012, SEC.19, eff. July 1, 2012
15-21-2-1 Registration required
15-21-2-2 Registration visible to public
15-21-2-2.5 Public notice of registration
15-21-2-3 Failure to register
Chapter 3. Registration Requirements
15-21-3-0.1 Repealed by P.L.63-2012, SEC.20, eff. July 1, 2012
15-21-3-1 Annual registration for commercial dog breeder
15-21-3-2 Annual registration for commercial dog broker
15-21-3-2.3 Annual registration for retail pet store
15-21-3-2.5 Annual registration for animal care facility and animal rescue operation
15-21-3-3 Commercial dog breeder and broker fund
Chapter 4. Duties of Commercial Dog Breeders
15-21-4-1 Standards of care
Chapter 5. Records
15-21-5-1 Consumer to be provided with records
15-21-5-2 Maintenance of records
15-21-5-3 Sale of dogs to persons younger than 18 years old prohibited
15-21-5-4 Microchip requirements
15-21-5-4.4 Spaying or neutering requirements
15-21-5-5 Information provided to consumers before sale
15-21-5-5.5 Returns
15-21-5-5.7 Maintenance of public records
15-21-5-6 Sale of diseased dog; consumer remedies
15-21-5-6.5 Retail pet store dog sourcing requirements
15-21-5-7 Board review
Chapter 6. Units
15-21-6-1 Regulation of commercial dog breeders
15-21-6-2 Regulation of retail pet stores
Chapter 7. Enforcement
15-21-7-1 Enforcement of article
15-21-7-2 Board inspections and audits
15-21-7-4 Deceptive acts; remedies and penalties
Chapter 1. Application and Definitions
15-21-1-1 Application of chapter- 15-21-1-1 Repealed by P.L.4-2024, SEC.2, eff. July 1, 2024
Former text:
Sec. 1. (a) This article does not apply to:
(1) an animal shelter;
(2) a humane society;
(3) an animal rescue operation;
(4) a hobby breeder;
(5) a person who breeds at least seventy-five percent (75%) of the person's dogs as sport dogs for hunting purposes; or
(6) a person who breeds at least seventy-five percent (75%) of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
(b) As used in this section, “animal rescue operation” means a person or organization:
(1) that accepts within one (1) year:
(A) more than twelve (12) dogs; or
(B) more than nine (9) dogs and more than three (3) unweaned litters of puppies;
that are available for adoption for human companionship as pets or as companion animals in permanent adoptive homes and that are maintained in a private residential dwelling; or
(2) that uses a system of private residential dwellings as foster homes for the dogs.
The term does not include a person or organization that breeds dogs.
(c) As used in this section, “hobby breeder” means a person who maintains fewer than twenty (20) unaltered female dogs that are at least twelve (12) months of age.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.1-2010, SEC.66, eff. March 12, 2010.
Sec. 1.5. This article does not apply to a:
(1) hobby breeder;
(2) person who breeds at least seventy-five percent (75%) of the person's dogs as sport dogs for hunting purposes; or
(3) person who breeds at least seventy-five percent (75%) of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
Credits
As added by P.L.4-2024, SEC.3, eff. July 1, 2024.
15-21-1-2 Application of definitions
Sec. 2. The definitions in this chapter apply throughout this article.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.4, eff. July 1, 2024.
15-21-1-2.3 “Animal care facility”
Sec. 2.3. “Animal care facility” has the meaning set forth in IC 6-9-39-1.
Credits
As added by P.L.4-2024, SEC.5, eff. July 1, 2024.
15-21-1-2.5 “Animal rescue operation”
Sec. 2.5. “Animal rescue operation” means a person or organization that:
(1) accepts during one (1) year:
(A) more than twelve (12) dogs; or
(B) more than:
(i) nine (9) dogs; and
(ii) three (3) unweaned litters of puppies;
that are available for adoption as pets or as companion animals in permanent adoptive homes and that are maintained in a private residential dwelling; or
(2) uses a system of private residential dwellings as foster homes for dogs.
The term does not include a person or organization that breeds dogs.
Credits
As added by P.L.4-2024, SEC.6, eff. July 1, 2024.
Sec. 3. “Board” refers to the Indiana state board of animal health established by IC 15-17-3-1.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-1-3.5 “Canine care certified program”
Sec. 3.5. “Canine care certified program” refers to the certificate program administered by Purdue University that establishes standards for canine:
(1) nutrition;
(2) veterinary care;
(3) housing;
(4) handling; and
(5) exercise.
Credits
As added by P.L.4-2024, SEC.7, eff. July 1, 2024.
15-21-1-4 “Commercial dog breeder”
Sec. 4. “Commercial dog breeder” means a person who:
(1) maintains more than nineteen (19) unaltered female dogs that are at least twelve (12) months of age; and
(2) engages in the sale of dogs, resulting from the breeding of dogs, to:
(A) a dog broker;
(B) a pet store; or
(C) the general public.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.8, eff. July 1, 2024.
15-21-1-5 “Commercial dog broker”
Sec. 5. “Commercial dog broker” means a person:
(1) who is a Class “B” licensee under 9 CFR 1.1; or
(2) who sells at least five hundred (500) dogs in a calendar year.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.9, eff. July 1, 2024.
Sec. 5.3. “Hobby breeder” means a person who maintains fewer than twenty (20) unaltered female dogs that are at least twelve (12) months of age.
Credits
As added by P.L.4-2024, SEC.10, eff. July 1, 2024.
Sec. 6. “Person” means an individual, corporation, limited liability company, partnership, or other business entity.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-1-6.5 “Retail pet store”
Sec. 6.5. (a) “Retail pet store” means a commercial enterprise that sells dogs from a place of business at which the seller, buyer, and dog are physically present so the buyer may observe the dog before purchasing or taking custody of that dog after purchase.
(b) The term excludes the following:
(1) Commercial dog breeders registered under IC 15-21-3-1.
(2) Hobby breeders.
(3) Persons who breed at least seventy-five percent (75%) of the person's dogs as sport dogs for hunting purposes.
(4) Persons who breed at least seventy-five percent (75%) of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
Credits
As added by P.L.4-2024, SEC.11, eff. July 1, 2024.
Sec. 6.7. “Unit” refers to a county, municipality, or township.
Credits
As added by P.L.4-2024, SEC.12, eff. July 1, 2024.
Sec. 7. “Veterinarian” means an individual licensed as a veterinarian under IC 25-38.1.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
Chapter 2. Commercial Dog Broker and Commercial Dog Breeder Registration
5-21-2-0.1 Repealed by P.L.63-2012, SEC.19, eff. July 1, 2012.
15-21-2-1 Registration required
Sec. 1. A person may not operate:
(1) a commercial dog breeder operation;
(2) as a commercial dog broker;
(3) a retail pet store;
(4) an animal care facility; or
(5) an animal rescue operation;
without being registered with the board in accordance with IC 15-21-3.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.13, eff. July 1, 2024.
15-21-2-2 Registration visible to public
Sec. 2. A person who:
(1) is registered as a commercial dog breeder; and
(2) operates a commercial dog breeder operation;
shall indicate that the person is registered as a commercial dog breeder in a place clearly visible to the public.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-2-2.5 Public notice of registration
Sec. 2.5. The following entities that are registered under IC 15-21-3 shall post notice of the entity's registration with the board in a prominent place visible to the public:
(1) A retail pet store.
(2) An animal care facility.
(3) An animal rescue operation.
Credits
As added by P.L.4-2024, SEC.14, eff. July 1, 2024.
Sec. 3. (a) A commercial dog breeder who knowingly or intentionally fails to register with the board as a commercial dog breeder commits a Class A misdemeanor.
(b) A commercial dog broker who knowingly or intentionally fails to register with the board as a commercial dog broker commits a Class A misdemeanor.
(c) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) on a retail pet store operator that knowingly or intentionally fails to register with the board as a retail pet store.
(d) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) on the operator of:
(1) an animal care facility; or
(2) an animal rescue operation;
that knowingly or intentionally fails to register with the board.
(e) A commercial dog breeder or a commercial dog broker who fails to register with the board is liable to the state for two (2) times the amount of registration fees that the commercial dog breeder or commercial dog broker failed to pay. The attorney general may bring an action to collect unpaid commercial dog breeder or commercial dog broker registration fees. Funds collected under this subsection shall be deposited in the commercial dog breeder and broker fund established by IC 15-21-3-3.
(f) If any of the following entities fail to register with the board, the entity may not operate in Indiana until the entity registers with the board:
(1) Commercial dog breeder.
(2) Commercial dog broker.
(3) Retail pet store.
(4) Animal care facility.
(5) Animal rescue operation.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.15, eff. July 1, 2024.
Chapter 3. Registration Requirements
15-21-3-0.1 Repealed by P.L.63-2012, SEC.20, eff. July 1, 2012
15-21-3-1 Annual registration for commercial dog breeder
Sec. 1. (a) A commercial dog breeder shall register annually with the board.
(b) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the one (1) year period.
(c) The fee to register or renew a registration as a commercial dog breeder is:
(1) seventy-five dollars ($75) if the person has not more than fifty (50) unaltered female dogs at least twelve (12) months of age;
(2) two hundred dollars ($200) if the person has more than fifty (50) but not more than one hundred (100) unaltered female dogs at least twelve (12) months of age;
(3) three hundred dollars ($300) if the person has more than one hundred (100) but not more than one hundred fifty (150) unaltered female dogs at least twelve (12) months of age;
(4) four hundred dollars ($400) if the person has more than one hundred fifty (150) but not more than two hundred fifty (250) unaltered female dogs at least twelve (12) months of age; and
(5) five hundred dollars ($500) if the person has more than two hundred fifty (250) unaltered female dogs at least twelve (12) months of age.
The fee shall be deposited in the commercial dog breeder and broker fund established by section 3 of this chapter.
(d) A person who registers or renews a registration as a commercial dog breeder must include the following:
(1) The name and address of the person's commercial dog breeding operation.
(2) The name and address of the registrant.
(3) A statement that the person's commercial dog breeding operation complies with the requirements of IC 15-21-4.
(4) Any other information related to taxation that is required by the board.
(e) A person who knowingly or intentionally makes a material misstatement in a commercial dog breeder registration statement commits false registration as a commercial dog breeder, a Class A misdemeanor.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-3-2 Annual registration for commercial dog broker
Sec. 2. (a) A commercial dog broker shall register annually with the board.
(b) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the one (1) year period.
(c) The fee to register or renew a registration as a commercial dog broker is one thousand dollars ($1,000). The fee shall be deposited in the commercial dog breeder and broker fund established by section 3 of this chapter.
(d) A person who registers or renews a registration as a commercial dog broker must include the following:
(1) The name and address of the person acting as a commercial dog broker.
(2) The name and location of the person's commercial dog broker business.
(3) Any other information related to taxation that is required by the board.
(e) A person who knowingly or intentionally makes a material misstatement in a commercial dog broker registration statement commits false registration as a commercial dog broker, a Class A misdemeanor.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-3-2.3 Annual registration for retail pet store
Sec. 2.3. (a) A retail pet store shall file an initial registration with the board in a form prescribed by the board.
(b) After the initial registration under subsection (a), a retail pet store shall register annually with the board in a manner prescribed by the board.
(c) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the registration.
(d) A retail pet store that fails to renew its registration will receive a warning on a form prescribed by the board indicating that it has thirty (30) days to renew its registration or the retail pet store can no longer operate.
(e) A person that registers or renews a registration as a retail pet store must include the following in the registration or renewal application:
(1) The name and address of the person's retail pet store.
(2) The name and address of the person operating the retail pet store.
(3) Any other information related to taxation that is required by the board.
(f) An entity that owns and operates more than one (1) retail pet store shall register all of the retail pet stores owned and operated by the entity in Indiana.
(g) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) on a person that knowingly or intentionally makes a material misstatement in a retail pet store registration statement.
Credits
As added by P.L.4-2024, SEC.16, eff. July 1, 2024.
15-21-3-2.5 Annual registration for animal care facility and animal rescue operation
Sec. 2.5. (a) An animal care facility and an animal rescue operation shall file an initial registration with the board in a form prescribed by the board.
(b) After the initial registration under subsection (a):
(1) an animal care facility; and
(2) an animal rescue operation;
shall register annually with the board in a manner prescribed by the board.
(c) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the registration.
(d) An animal care facility or animal rescue operation that fails to renew its registration will receive a warning on a form prescribed by the board indicating that it has thirty (30) days to renew its registration or the entity can no longer operate.
(e) A person that registers or renews a registration as an animal care facility or animal rescue operation must include the following in the registration or renewal application:
(1) The name and address of the person's animal care facility or animal rescue operation.
(2) The name and address of the person operating the animal care facility or animal rescue operation.
(3) Any other information related to taxation that is required by the board.
(f) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) on a person that knowingly or intentionally makes a material misstatement in an animal care facility or animal rescue operation registration statement.
Credits
As added by P.L.4-2024, SEC.17, eff. July 1, 2024.
15-21-3-3 Commercial dog breeder and broker fund
Sec. 3. (a) The commercial dog breeder and broker fund is established for the purpose of funding:
(1) the inspection of commercial dog breeding operations by the board;
(2) the inspection of retail pet stores by the board; and
(3) the enforcement by the board of laws concerning commercial dog breeders and commercial dog brokers.
The fund shall be administered by the board.
(b) The fund consists of:
(1) commercial dog breeder and commercial dog broker fees; and
(2) civil penalties deposited by the board into the fund for violations of this article.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out the purposes of the fund.
(g) The board may adopt rules under IC 4-22-2 to implement this chapter.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.18, eff. July 1, 2024.
Chapter 4. Duties of Commercial Dog Breeders
Sec. 1. (a) A commercial dog breeder shall comply with the standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12.
(b) A commercial dog breeder:
(1) may not house a dog in a cage containing a wire floor unless the cage contains an accommodation that allows the dog to be off the wire floor;
(2) who houses a dog in a wire cage shall house the dog in a cage that is large enough to allow for reasonable movement by the dog; and
(3) shall, subject to subsection (c), provide every dog with a reasonable opportunity for exercise outside of a cage at least one (1) time per day.
(c) A commercial dog breeder who permits a dog access to a run at least one (1) time per day has satisfied the exercise requirement described in subsection (b)(3). However, a commercial dog breeder is not required to provide a dog with the opportunity for exercise if exercise would endanger the dog's life or health.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
Chapter 5. Records
15-21-5-1 Consumer to be provided with records
Sec. 1. A commercial dog breeder shall provide a consumer with a copy of a dog's vaccination, medication, and treatment records at the time the consumer purchases, exchanges, or adopts the dog.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-5-2 Maintenance of records
Sec. 2. A commercial dog breeder shall maintain its records for at least five (5) years.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-5-3 Sale of dogs to persons younger than 18 years old prohibited
Sec. 3. A retail pet store may not sell a dog to a person who is less than eighteen (18) years of age.
Credits
As added by P.L.4-2024, SEC.19, eff. July 1, 2024.
15-21-5-4 Microchip requirements
Sec. 4. A retail pet store operator must:
(1) microchip each dog before the sale of the dog; and
(2) provide each purchaser with the necessary information to register a microchip placed in a dog with a searchable data base.
Credits
As added by P.L.4-2024, SEC.20, eff. July 1, 2024.
15-21-5-4.4 Spaying or neutering requirements
Sec. 4.4. A retail pet store operator shall require a consumer to commit to spaying or neutering a dog within a reasonable time frame, as specified by a licensed veterinarian.
Credits
As added by P.L.4-2024, SEC.21, eff. July 1, 2024.
15-21-5-5 Information provided to consumers before sale
Sec. 5. Before the sale of a dog, a retail pet store operator must, to the best of the operator's knowledge, provide to the consumer the following information on the dog being offered for sale:
(1) The retail price of the dog, including any additional fees or charges.
(2) The dog's breed or breeds, if known.
(3) The dog's age and date of birth, if known.
(4) The dog's sex and color.
(5) The date and description of any inoculation or medical treatment that the dog received while in the possession of the:
(A) retail pet store;
(B) commercial dog breeder;
(C) commercial dog broker;
(D) humane society;
(E) animal rescue operation; or
(F) animal shelter.
(6) If the dog was supplied by a commercial dog breeder or commercial dog broker, the name and address of the commercial dog breeder or commercial dog broker.
(7) If eligible for registration with a pedigree registry, the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered.
(8) A copy of the retail pet store's policy regarding warranties, refunds, or returns.
(9) An explanation of the remedy under section 6 of this chapter, in addition to any other remedies available by law.
(10) Disclosure that the dog has been microchipped.
Credits
As added by P.L.4-2024, SEC.22, eff. July 1, 2024.
Sec. 5.5. (a) A retail pet store shall accept, for any reason, the return of a dog sold within three (3) business days of the original sale.
(b) The retail pet store may charge a return fee not exceeding ten percent (10%) of the purchase price of the dog.
Credits
As added by P.L.4-2024, SEC.23, eff. July 1, 2024.
15-21-5-5.7 Maintenance of public records
Sec. 5.7. (a) To demonstrate that a retail pet store is only selling dogs obtained from the entities identified in IC 15-21-6-2(a), a retail pet store shall create and maintain records for seven (7) years demonstrating where the retail pet store obtained any dog it is selling.
(b) The records described in subsection (a) must include a list created by the retail pet store that contains the name and address of the entities where the retail pet store obtained any dog it is selling. The retail pet store shall make this list available to the public.
Credits
As added by P.L.4-2024, SEC.24, eff. July 1, 2024.
15-21-5-6 Sale of diseased dog; consumer remedies
Sec. 6. (a) A customer who purchases a dog from a retail pet store is entitled to a remedy under subsection (c) if:
(1) not later than fourteen (14) days after the date of sale, a licensed veterinarian states in writing that:
(A) at the time of sale the dog was unfit for purchase due to illness, a disease, or the presence of symptoms of a contagious or infectious disease that are extreme enough to influence the general health of the dog, excluding fleas or ticks; or
(B) the dog has died from a disease that existed in the dog on or before the date of delivery of the dog to the customer; or
(2) not later than two (2) years after the date of sale, a licensed veterinarian states in writing that the dog:
(A) possesses a congenital or hereditary condition that severely affects the health of the dog or requires either hospitalization or a nonelective surgical procedure; or
(B) has died of a congenital or hereditary condition.
(b) The veterinarian's statement under subsection (a) must include:
(1) the customer's name and address;
(2) a statement that the veterinarian examined the dog;
(3) the date or dates that the dog was examined;
(4) the breed and age of the dog, if known;
(5) a statement that the dog has or had a disease, illness, or congenital or hereditary condition; and
(6) the findings of the examination or necropsy, including any lab results or copies of the results.
(c) A customer entitled to a remedy under this section may elect to do the following:
(1) If the dog is alive, retain the dog and be reimbursed for reasonable veterinary fees for diagnosis and treatment of the dog, not to exceed the purchase price of the dog.
(2) If the dog is deceased, be reimbursed:
(A) the full purchase price of the dog; and
(B) reasonable veterinary fees associated with the diagnosis and treatment of the dog, not to exceed the purchase price of the dog.
Credits
As added by P.L.4-2024, SEC.25, eff. July 1, 2024.
15-21-5-6.5 Retail pet store dog sourcing requirements
Sec. 6.5. (a) A retail pet store shall only sell dogs acquired from the following sources:
(1) A commercial dog breeder that meets the following criteria:
(A) Is registered as required by IC 15-21-2-1.
(B) Is certified by a national science based breeder standards program.
(C) Is audited by an independent auditing firm that complies with the applicable standards of the International Organization for Standardization (ISO).
(2) A commercial dog broker that meets the following criteria:
(A) Is registered as required by IC 15-21-2-1.
(B) Acquires dogs from the following sources:
(i) A commercial dog breeder that meets the requirements established in subdivision (1).
(ii) A dog breeder or broker that is subject to 9 CFR 2.1 and has no direct violations for the previous two (2) years.
(3) A dog breeder or broker that is subject to 9 CFR 2.1 and has no direct violations for the previous two (2) years.
(b) If a retail pet store acquires a dog from a source that does not fall under the criteria established in subsection (a) or no longer meets the criteria established in subsection (a), the retail pet store shall take the following corrective action within thirty (30) days:
(1) Notify the board of the violation and report which entity sold the dog to the retail pet store.
(2) Notify customers who purchased a dog acquired from a source not described in subsection (a).
(3) Provide a refund to a customer who elects to return a dog acquired from a source not described in subsection (a).
(c) A retail pet store that takes corrective action under subsection (b) does not violate subsection (a).
Credits
As added by P.L.4-2024, SEC.26, eff. July 1, 2024.
Sec. 7. (a) The board may review or obtain records from a retail pet store that contain the information described in this chapter and confirm that all dogs acquired by a retail pet store meet the criteria established under section 6.5(a) of this chapter.
(b) A retail pet store shall, within thirty (30) days, provide the board with electronic access to any requested records that contain information required to verify disclosures and procedures established by this chapter.
Credits
As added by P.L.4-2024, SEC.27, eff. July 1, 2024.
Chapter 6. Units
15-21-6-1 Regulation of commercial dog breeders
Sec. 1. (a) As used in this section, “unit” has the meaning set forth in IC 36-1-2-23.
(b) After December 31, 2009, a unit may not adopt an ordinance concerning regulation of commercial dog breeders that imposes more stringent or detailed requirements than the requirements under this article. A unit may enforce an ordinance concerning regulation of commercial dog breeders that imposes more stringent or detailed requirements than the requirements under this article if the ordinance was adopted before January 1, 2010.
CREDIT(S)
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010.
15-21-6-2 Regulation of retail pet stores
Sec. 2. (a) A unit may not prohibit a retail pet store from selling dogs acquired from the following:
(1) A commercial dog breeder that meets the following criteria:
(A) Is registered as required by IC 15-21-2-1.
(B) Is certified by a national science based breeder standards program.
(C) Is audited by an independent auditing firm that complies with the applicable standards of the International Organization for Standardization (ISO).
(2) A commercial dog broker that meets the following criteria:
(A) Is registered as required by IC 15-21-2-1.
(B) Acquires dogs from the following sources:
(i) A commercial dog breeder that meets the requirements established in subdivision (1).
(ii) A dog breeder or broker that is subject to 9 CFR 2.1 and has no direct violations for the previous two (2) years.
(3) A dog breeder or broker that is subject to 9 CFR 2.1 and has no direct violations for the previous two (2) years.
(b) A retail pet store may sell dogs from a commercial dog breeder that is awaiting a final audit from the canine care certified program until June 30, 2025.
(c) A commercial dog broker may acquire dogs from a commercial dog breeder that is awaiting a final audit from the canine care certified program until June 30, 2025.
(d) A retail pet store shall have an opportunity to take corrective action under IC 15-21-5-6.5 before a local unit prevents a retail pet store from selling dogs due to a violation under this section.
(e) This section may not be construed to prohibit a unit from adopting an ordinance or regulating a retail pet store for:
(1) inspections;
(2) business licenses; or
(3) other applicable local ordinances.
(f) Any ordinance that violates subsection (a) is void and unenforceable. An ordinance adopted before July 1, 2024, becomes void and unenforceable on July 1, 2024.
Credits
As added by P.L.4-2024, SEC.29, eff. July 1, 2024.
Chapter 7. Enforcement
15-21-7-1 Enforcement of article
Sec. 1. (a) 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.
(b) In enforcing this article, the board may:
(1) seek injunctive relief;
(2) issue an order of compliance notifying the commercial dog breeder, commercial dog broker, retail pet store, animal care facility, or animal rescue operation of a violation and requiring corrective action by a certain date; and
(3) impose a civil penalty of not more than:
(A) five hundred dollars ($500) for a knowing violation;
(B) one thousand dollars ($1,000) for an intentional violation; and
(C) five thousand dollars ($5,000) for knowingly or intentionally violating an injunction.
(c) The board may assess a civil penalty of ten thousand dollars ($10,000) per day for each day a violation is not corrected, plus payment to the board for the costs incurred by the board as a direct consequence of prosecution of the violation. All civil penalties under this section shall be deposited in the commercial dog breeder and broker fund established by IC 15-21-3-3.
(d) The board may seek an injunction to prohibit a commercial dog breeder from registering with the board for not more than three (3) years.
(e) Subsection (a) does not prohibit the board from assisting a law enforcement agency in a criminal investigation.
Credits
As added by P.L.111-2009, SEC.4, eff. Jan. 1, 2010. Amended by P.L.4-2024, SEC.30, eff. July 1, 2024.
15-21-7-2 Board inspections and audits
Sec. 2. (a) Nothing in this article shall be construed to prohibit the board from exercising its statutory powers and duties conferred under IC 15-17-3.
(b) The board may inspect and audit any:
(1) commercial dog breeder;
(2) commercial dog broker;
(3) retail pet store;
(4) animal care facility; or
(5) animal rescue operation;
that the board has reason to believe violates this article, or has reason to believe that a higher frequency of inspections is necessary for a high risk entity.
Credits
As added by P.L.4-2024, SEC.31, eff. July 1, 2024.
15-21-7-4 Deceptive acts; remedies and penalties
Sec. 4. (a) A retail pet store operator that violates this article commits a deceptive act that is actionable by the attorney general or a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.
(b) A retail pet store operator that misleads a consumer, by contract or otherwise, with the intent to evade the requirements of this article commits a deceptive act that is actionable by the attorney general or a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.
(c) Nothing in this article shall be construed to prevent a consumer from filing a complaint as provided under IC 24-5-0.5-4.
Credits
As added by P.L.4-2024, SEC.32, eff. July 1, 2024.