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1 | STATE PUPPY MILL LAWS | ||||||||||||||||||||||||||
2 | Commercial Breeder Laws | ||||||||||||||||||||||||||
3 | Citations to Statues and Regulations | License Required? | Cap | Criteria for Coverage | Exemptions | Inspections | Regulatory Agency | Humane Standards | Penalties/Violations | ||||||||||||||||||
4 | U.S. | 7 U.S.C. 2131-2159; 7 CFR 2.1-2.27; 2.50-2.1234; 3.1-3.12 | Yes. | No. | Any commercial pet breeder with five (5) or more breeding females is required to obtain a USDA license, and be open to regular inspections, if they sell to pet stores or to customers who don’t see the animal prior to purchase. Any person who, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animals whether alive or dead for use as a pet, or (2) any dog for breeding purposes. Such term does not include a retail pet store. | (a) Retail pet stores (b)Any person who sells or negotiates the sale or purchase of any animal except wild or exotic animals, dogs, or cats and who derives no more than $500 gross income from the sale of such animals during any calendar year. (c)Any person who maintains a total of four or fewer breeding female dogs or cats, and who sells, at wholesale, only the offspring of these dogs, cats, which were born and raised on his or her premises. (d) Any person who sells fewer than 25 dogs and/or cats per year, which were born and raised on his or her premises. (e) Any person who arranges for transportation or transports animals for the purpose of breeding, boarding, grooming, and more. (f) Any person including, but not limited to, purebred dog or cat fanciers, who maintains a total of four or fewer breeding female dogs, cats, and who sells, at retail, only the offspring of these dogs, and cats, which were born and raised on his or her premises. (g) any person who buys animals solely for his or her own use or enjoyment and does not sell or exhibit animals. | Each applicant for an initial license must be inspected by APHIS and demonstrate compliance with the regulations and standards, before APHIS will issue a license. Investigations or inspections shall be made to determine whether any dealer has violated or is violating any regulation or standard, and shall have access to the facilities, animals, and records. Animal Care uses a risk-based inspection system using objective criteria, including but not limited to past compliance history, to determine the minimum inspection frequency at each licensed and registered facility. Facilities meeting the criteria for low-frequency intervals are subject to inspection once every year, or every 2–3 years, or in some cases only when we receive a complaint. Facilities determined to require high-frequency inspections are subject to inspection as often as every 3 months. Those in the middle are inspected about once per year. | United States Department of Agriculture - Animal and Plant Health Inspection Service | Establish and maintain programs of adequate veterinary care. Maintain records concerning each dog purchased or otherwise acquired, owned, held, or otherwise in his or her possession or under his or her control, of which is transported, euthanized, sold, or otherwise disposed of by the dealer. Sheltered housing facilities must be sufficiently heated and cooled when necessary to protect dogs and cats from temp. extremes and for health and wellbeing. Temp must not fall below 50 °F for dogs not acclimated to lower temperatures. Dry breeding, solid resting boards for conserving body heat must be provided when temps are below 50 °F. The ambient temperature must not fall below 45 °F for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F for more than 4 consecutive hours when dogs or cats are present. Primary enclosures shall have floors that protect the feet and legs from injury, and if of mesh or slatted flooring, do not allow the dogs and cats feet to pass through openings in the floor. Floor space in primary enclosure shall be the length of the dog plus 6 inches; the interior height 6 inches taller than the head of the tallest dog in standing position. Primary enclosures shall provide sufficient space to allow each dog to turn about freely, stand, sit and lie in a comfortable, normal position, and walk in a normal manner. Surfaces must be impervious to moisture. All dogs housed in the same primary enclosure must be compatible. Develop and follow an exercise plan approved by attending veterinarian. Food once daily. Water not less than twice daily for at least an hour each time. Excreta and food waste must be removed from primary enclosures daily, and from under primary enclosures as often as necessary to prevent excessive accumulation of feces and food waste. Effective program for control of pests must be established and maintained. | Any dealer that violates any provision of this chapter, or any rule, regulation, or standards promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violate. Each violation and each day during which a violation continues shall be a separate offense. | |||||||||||||||||
5 | State | Citations to Statues and Regulations | License Required? | Cap | Criteria for Coverage | Exemptions | Inspections | Regulatory Agency | Humane Standards | Penalties/Violations | |||||||||||||||||
6 | Alabama | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
7 | Alaska | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
8 | Arizona | Ariz. Rev. Stat. Ann. § 11-1001,11-1009, and 11-1019 | Yes Kennel keeper must obtain a permit, unless every dog is licensed. | No | Kennel – an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed. | N/A | Yes. A person who operates a kennel that houses twenty dogs or more shall allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. A person who operates a kennel that houses fewer than twenty dogs may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing that alleges the person committed an act in violation of § 13-2910 or 13-2910.01 | Board of Supervisors of the county in which the kennel is located | None listed | Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article. A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor. | |||||||||||||||||
9 | Arkansas | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
10 | California | Ann. Cal. Health & Safety Code §122045 - 122110. HSC § 122060. 122110 | No | No | Dog breeder – 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. | N/A | No | State Department of Health | Sanitary facilities, adequate nutrition and potable water, adequate space appropriate to size, weight, age and breed, wire flooring prohibited, adequate socialization (physical contact with dogs and human beings), adequate exercise, veterinary care without delay when necessary. | In lieu of the civil penalties imposed pursuant to Section 122110, any breeder who violates this section shall be subject to a civil penalty of up to one thousand dollars ($1,000), or shall be prohibited from selling dogs for up to 30 days, or both. If there is a second offense, the breeder shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500), or a prohibition from selling dogs for up to 90 days, or both. For a third offense, the breeder shall be subject to a civil penalty of up to five thousand dollars ($5,000), or a prohibition from selling dogs for up to six months, or both. For a fourth and subsequent offense, the breeder shall be subject to a civil penalty of up to ten thousand dollars ($10,000) or a prohibition from selling dogs for up to one year, or both. | |||||||||||||||||
11 | Colorado | Colo. Rev. Stat. Ann. § 35-80-101 – 35-80-117 and 8 Colo. Code Regs. § 1201-11:1.00 - 1201-11:25.00 | Yes | No | All pet animal facilities must be licensed, per 8 Colo. Code Regs. § 1201-11:3.00. “Pet animal facility” means any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring such animals. “Dog breeder” means any person that engages in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring the dogs, excluding racing greyhounds that are not intended to be companion pets. “Dog breeder, large scale operation” or “large scale operation dog breeder” means a dog breeder that transfers at least one hundred dogs per year, excluding racing greyhounds that are not intended to be companion pets. “Dog breeder, small scale operation” or “small scale operation dog breeder” means a dog breeder that transfers more than the number of dogspermitted for a canine hobby breeder facility but no more than ninety-nine dogs per year. Dog breeder facility: any firm, person, or corporation that is engaged in the operation of breeding and raising dogs and that produces more than two litters of puppies or transfers more than 24 dogs per 12-month period. Pet animal dealership: any place or premises used in whole or part, whether on a permanent or temporary basis, for the sole or exclusive purpose of either wholesale commerce or retail sale, trading, bartering, or otherwise transferring pet animals to the public. The provisions of the article do not apply to canine hobby breeder facilities: “Canine hobby breeder facility” means any facility which transfers no more than twenty-four dogs per year or breeds no more than two litters per year, whichever is greater. | N/A | No The commissioner, upon his or her own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article. All PACFA [Pet Animal Care and Facilities Act]-licensed facilities may be inspected upon application, change or addition of a license category, facility remodel and routinely thereafter, and upon a complaint to the Commissioner or the Department about a particular facility. 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. (35-80-103) | State Agricultural Commission | Structurally sound and safe facilities, electrical service, potable water, sanitation, waste disposal, pest control, ventilation, temperature, humidity, lighting. Sufficient space in primary enclosures, food and water, humane care, grooming, and veterinary care. Interior building surfaces to be water-resistant and readily cleaned. When wire flooring is used, a solid resting surface, large enough to allow all dogs to simultaneously lie recumbent, must be provided. Outdoor housing must protect animals from the elements and must provide sufficient shade; shelter structures in outdoor facilities must contain clean, dry bedding or a heat source in cold weather; outdoor enclosures must be escape-proof for animals; facilities must be constructed to restrict other animals from entering; sufficient drainage in outdoor enclosures. NOTE: A pet animal facility structure in existence and licensed by the Department of Health through 1991 that was in compliance with thatDepartment's regulations for such licenses shall be exempt from any conflicting requirements of this article or rules and regulations of the commissioner concerning physical premises, and shall be exempt from laws or rules promulgated for pet animal facilities requiring the construction of any new buildings or major reconstruction of the existing physical premises. (§ 35-80-103) | The commissioner can issue a civil penalty of up to $1,000 for violations of the law. He can also issue a cease and desist order. If a person fails to comply with an order within 24 hours, the commissioner may sue for a temporary restraining order and injunctive relief.Certain violations, including operating a pet animal facility without a license, are class 2 misdemeanors.The commissioner may issue letters of admonition or deny, suspend, restrict, refuse to renew, or revoke any license for falsifying license information, violating law or rule, being convicted of an animal cruelty-related offense, or failing three reinspections within a single license year. | |||||||||||||||||
12 | Conneticut | Conn. Gen. Stat. Ann. § 22-327, 342, 344 and Conn. Agencies Regs. 22-344-1 – 22-344-15 (§ 22-342). | Yes | No | Kennels, commercial kennels and, if a town requires it, persons keeping ten or more unneutered or unspayed dogs capable of breeding. A license is required for any owner or keeper of a kennel who breeds more than 2 litters of dogs annually. A kennel is defined as “one pack or collection of dogs which are kept under one ownership at a single location and are bred for show, sport or sale.”No person shall maintain a commercial kennel until he has obtained from the commissioner a license to maintain such kennel under such regulations as the commissioner provides as to sanitation, disease and humane treatment of dogs or cats and the protection of the public safety. A commercial kennel is defined as “a kennel maintained for boarding or grooming dogs or cats.” (§ 22-327) NOTE: This definition might be erroneously omitting “breeding” from its description, as discussed below. Towns may require licensure for persons keeping ten or more unneutered or unspayed dogs capable of breeding: “If a town requires the licensure of persons keeping ten or more unneutered or unspayed dogs capable of breeding, such persons shall apply to the clerk of the town in which such dogs are located for a license.” NOTE: The humane standards of care listed here appear under the regulations chapter entitled “Operations and Maintenance of Commercial Kennels.” A commercial kennel is defined as “a kennel maintained for boarding or grooming [not breeding] dogs or cats” (§ 22-327). This definition, which does not include breeding animals, might be an error, because (1 )the humane standards listed here are similar to most states’ standards for breeders, (2) a separate section lists regulations for “Grooming Establishments” and (3) there are no regulations for facilities simply called “Kennels.” | N/A | No The Commissioner of Agriculture, the Chief Animal Control Officer or any state animal control officer may at any time inspect any kennel including all facilities of any kennel in which dogs are bred or housed. (§22-342(b)) The commissioner may, at any time, inspect or cause to be inspected by the commissioner's agents any such commercial kennel. (§22-344) Inspection of persons keeping ten or more unneutered or unspayed dogs capable of breeding: The Commissioner of Agriculture, the Chief Animal Control Officer or any animal control officer may at any time inspect or cause to be inspected any location, required by a town to be licensed, keeping ten or more unneutered or unspayed dogs capable of breeding, by a registered veterinarian appointed by the commissioner. (§ 22-344c) | Department of Agriculture | Housing facilities to be structurally sound and maintained in good repair to contain dogs and restrict entrance of other animals; kennel floors and removable rest boards, if provided, shall be constructed of non-toxic, easily-cleaned, water-impervious materials; walls and ceilings painted and kept clean; inside and outside runs constructed to meet listed weight requirements for dogs; sufficient lighting; hot and cold water facilities; ventilation; temperature; sanitation to keep vermin at a minimum; dogs confined in cages shall be caged individually except where otherwise indicated for health or welfare reasons; sufficient space in cages; shelter from inclement weather that keeps dogs clean, warm, and dry; clean and fresh water and sufficient and wholesome food. | Anyone maintaining a commercial kennel without the required license is subject to a fine of up to $200. Anyone maintaining a kennel after having his or her kennel license revoked or suspended is guilty of a class B misdemeanor. Any owner or keeper of a kennel who breeds more than two litters of dogs annually and (1) fails to apply for a kennel license or (2) fails to allow an inspection of such facility is guilty of a class B misdemeanor.The commissioner may revoke the license of any commercial kennel owner who fails to comply with the law, regulations, or the commissioner's orders. Upon inspection of a commercial kennel, if the commissioner finds violations of the law, he may issue a fine of up to $500 for each animal that is the subject of the violation, issue orders necessary for the correction of the conditions, and quarantine the premises and animals. | |||||||||||||||||
13 | Delaware | 9 Del.C. §§ 901-904. § 3042F (c) | No The only licensing scheme for breeders is the option to obtain a kennel license in lieu of each dog having an individual dog license. | No | Kennel licenses - any person who maintains a kennel wherein more than 4 dogs are kept for show, trial, sale, breeding or other purposes may apply to the county in which the kennel owner resides or its duly authorized agents on a form prescribed by the county for a kennel license in lieu of an individual dog owner license for each dog. | N/A | No | Individual counties issue licenses and county dog control agents handle inspections. The Department of Natural Resources and Environmental Control also issues initial licenses, but upon expiration licenses must be purchased from the county. | Indoor facilities structurally sound, proper storage of food and bedding to prevent spoiling and infestation, proper drainage and waste disposal, temperature, ventilation, lighting, interior surfaces readily sanitized and impervious to moisture. Adequate food, water and housekeeping. Dogs not acclimated to outdoor temperatures must be kept indoors; outdoor facilities must provide shelter from the elements and from the sun. Enclosures must provide adequate space for dog to move freely. Wire flooring permitted in good condition and if dogs’ feet cannot pass through the holes in the flooring. | Whoever fails to secure a valid dog license, retail dog outlet's license, or kennel license when required by this section shall be fined not less than $50 and not more than $500. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 and not more than $500. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation. | |||||||||||||||||
14 | District of Columbia | D.C. Code § 8-1821.01 | Unclear. See note in “Criteria for Coverage” column. | Have not located any regulations | Commercial animal breeder - 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. NOTE: Per the D.C. Code provision cited, the Mayor was to establish rules for commercial breeders in 2009, covering standards of care for animals and inspection requirements. However no such regulations appear on Westlaw or on the internet. | N/A | Have not located any regulations | Have not located any regulations | Have not located any regulations | None listed | |||||||||||||||||
15 | Florida | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
16 | Georgia | Ga. Code Ann. § 4-11-1 to 4-11-10 and Ga. Comp. R. & Regs. 40-13-13-.02 through 40-13-13-.04 | Yes | No | Kennels, breeding establishments, pet dealers and pet breeders. 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. “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. Similar purposes include, but are not limited to, activities of a breeding establishment, cattery, or grooming shop. (a) “Breeding Establishment” means any establishment where pets are bred and a fee or compensation is received for the breeding and maintenance of such pets, such as stud service. “Pet dealer” means a person who sells, offers to sell, exchanges, or offers for adoption pets they have produced, bought, or otherwise obtained, except equine. NOTE: Regulations also state that a person will not be considered a pet dealer unless s/he “sells more than one litter in any twelve-month period or sells more than 30 adult animals in any twelve-month period but the statutes do not carve out this exception, so it is not clear whether a person fitting this criteria needs to be licensed. A “pet breeder” is a type of “pet dealer”: “Pet breeder” means a pet dealer who sells, offers to sell, exchanges, or offers for adoption only pets they have produced, except equine. This includes those produced for hobby, show purposes, breed improvement, or stock replacement. | N/A | No The Commissioner or his designated agents are 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 to determine if such facility is licensed and for the purpose of enforcing this article and the rules and regulations adopted by the Commissioner pursuant to this article. | Georgia Department of Agriculture | Facilities in good state of repair and structured to keep other animals out; sanitation, ventilation, disinfection when needed, adequate lighting, pest control, waste disposal. Food and supplies to be stored to prevent infestation. Compatible housing, adequate drainage, housekeeping, and humane care (defined to include but not be 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.) Interior surfaces impervious to moisture. Primary enclosures to provide sufficient space and be kept clean; dry and clean bedding provided. Primary enclosures must be constructed so as to protect the animals from injury or suffering. For primary enclosures with grated or mesh bottoms housing dogs and cats, there must be a suitable resting surface that will allow the animal to sit and lie in a normal position. Vertically stacked enclosures must have receptacles to contain excreta between cages and must be able to prevent cross contamination of food, water, urine, excreta and cleaning agents. Portable wire type enclosures may be used for temporary purposes only and must not be stacked and used as a means of permanent housing. Outdoor housing to provide shelter from rain, snow and cold, and provide sufficient shade | Other penalties for non-compliance with the Georgia Animal Protection Act include licensee probation, revocation of licenses and/or monetary fines. Failure to comply with the Animal Protection Act or Bird Dealers Licensing Act is a misdemeanor | |||||||||||||||||
17 | Hawaii | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
18 | Idaho | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
19 | Illinois | 225 Ill. Comp. Stat. Ann. § 605/1 to 605/22 and Ill. Admin. Code tit. 8, § 25.10 - .30 | Yes | No | "Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. Excludes a person who owns, has possession of, or harbors 5 or fewer females capable of reproduction. No person shall engage in business as a pet shop operator, dog dealer, or kennel operator without a license. | N/A | No Any inspections that are done may be made only by the Department. | Illinois Department of Agriculture | Maintain sanitary conditions, ensure proper ventilation, provide adequate nutrition, and provide humane care and treatment. Buildings and premises shall be maintained in a sanitary condition, pest control, adequate water pressure for sanitizing, provide adequate shelter for the comfort of the animals, facility floors to be of permanent construction to enable thorough cleaning and sanitizing, no dirt floors or unfinished floors. Cages to be constructed of a material that is impervious to urine and water and able to withstand damage from gnawing and chewing, cleaned at least once daily, sufficient size for freedom of movement, facilities to have ambient temperature. Runs to be strong and in good repair, for new construction or remodeling, runs shall be surfaced with concrete or other impervious material; adequate drainage. Sufficient clean water and fresh food to be provided at least daily (more frequently for young animals). | 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. The following administrative fines shall be imposed by the Department upon any person or entity who violates any provision of this Act or any rule adopted by the Department under this Act: (1) For the first violation, a fine of $500. (2) For a second violation that occurs within 3 years after the first violation, a fine of $1,000. (3) For a third violation that occurs within 3 years after the first violation, mandatory probationary status and a fine of $2,500. | |||||||||||||||||
20 | Indiana | Ind. Code Ann. § §15-21-1 – 15-21-7. 345 Ind. Admin. Code 13-1-1 et seq. 15-21-3-1 and 15-21-7-1 | Yes | No | "Commercial dog breeder" means a person who maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age. "Commercial dog broker" means a person: (1) who is a Class "B" licensee under 9 CFR 1.1; and (2) who sells at least five hundred (500) dogs in a calendar year. Does not apply to; (a hobby breeder (a person who maintains fewer than twenty (20) unaltered female dogs that are at least twelve (12) months of age) or a person who breeds at least seventy-five percent of the person's dogs as sport dogs for hunting purposes or as service dogs. (Ind. Code Ann. § 15-21-1-1) | N/A | No | Indiana State Board of Animal Health | Commercial dog breeders must comply with the federal animal welfare regulations set forth in 9 CFR 3.1 through 9 CFR 3.12. Also, breeders cannot use wire flooring unless the cage contains an accommodation that allows the dog to be off the wire floor; cage must provide sufficient room for dogs; must provide reasonable opportunity for dogs to get exercise outside of cage at least once per day. | Knowingly or intentionally failing to register with the board as a commercial dog breeder is a class A misdemeanor. The breeder is liable to the state for two times the amount of registration fees that it failed to pay.The board can:● seek injunctive relief;● issue a compliance order identifying a violation and requiring corrective action by a certain date; or● impose a civil penalty of up to $500 for a knowing violation, $1,000 for an intentional violation, and $5,000 for knowingly or intentionally violating an injunction. | |||||||||||||||||
21 | Iowa | Iowa Code Ann. § 162.1 – 162.20 . 162.10C, 162.12, 162.12A, 162.13 and Iowa Admin. Code 21-67.1(162) – 21-67.8(162) | Yes | No | Commercial breeder” means a person, engaged in the business of breeding dogs or cats, who sells, exchanges, or leases dogs or cats in return for consideration, or who offers to do so, whether or not the animals are raised, trained, groomed, or boarded by the person. A person who owns or harbors three or fewer breeding males or females is not a commercial breeder. However, a person who breeds any number of breeding male or female greyhounds for the purposes of using them for pari-mutuel wagering at a racetrack as provided in chapter 99D shall be considered a commercial breeder irrespective of whether the person sells, leases, or exchanges the greyhounds for consideration or offers to do so. “Permittee” means a commercial breeder, dealer, or public auction to whom a permit is issued by the department as a federal licensee pursuant to section 162.2A. (Iowa Code Ann. § 162.2) “State licensee” means any of the following: a commercial breeder, dealer, or public auction to whom a state license is issued in lieu of a permit by the department pursuant to section 162.2A. | N/A | No Different standards apply for determining when inspections may be appropriate for a breeding establishment that is federally licensed (permittees) and a breeding establishment that is only state licensed (licensees). A higher standard must be met to inspect a federally-licensed entity: The department shall not require that it must enter onto the premises of a commercial establishment in order to renew a permit, unless it has reasonable cause to monitor the commercial establishment as provided in section 162.10C. (§ 162.2A) The department may inspect the commercial establishment of a registrant or state licensee by entering onto its business premises at any time during normal working hours. (§ 162.10B) The department may monitor the commercial establishment of a permittee by entering onto its business premises at any time during normal working hours. The department shall monitor the commercial establishment for the limited purpose of determining whether the permittee is providing for a standard of care required for permittees under section 162.10A. If the owner or person in charge of the commercial establishment refuses admittance, the department may obtain an administrative search warrant issued under section 808.14. In order to enter onto the business premises of a permittee's commercial establishment, the department must have reasonable cause to suspect that the permittee is not providing for the standard of care required for permittees under section 162.10A. (§ 162.10C) | Iowa Department of Agriculture, Animal Welfare Bureau | NOTE: A permittee [breeder with a federal license] is not required to comply with rules that the department adopts to implement a standard of care as provided in subsection 1 for state licensees and registrants. (162.10A) Per statute, the rules/regulations must provide standard of care that ensures adequate food, water, housing facilities, sanitary control and grooming, if the lack of it would cause adverse health or suffering, and veterinary care. (162.10A) Per regulations, requirements are safe housing in good repair, shelter from excessive sun, or rain or snow, heat or adequate bedding provided in cold weather, ventilation, ample lighting, surfaces impervious to moisture, food and bedding stored to prevent infestation, adequate waste removal. Outdoor dog runs and exercise areas are to be in good repair and safe for dogs; wire floors are permissible in dog runs and exercise areas, provided that they are not injurious to the animals and are adequately maintained. Compatible housing with sufficient space for dogs. Adequate food, water, sanitation and vermin control. Primary enclosures are to be soundly constructed and safe, made from materials that will keep animals clean and dry, surfaces impervious to moisture, adequate space, maximum of 12 dogs in same primary enclosure. Appropriate temperature, ventilation and lighting. Dogs are to get exercise at least twice a day outside primary enclosure unless enclosure is large enough to allow exercise. Doghouse with chains can be used as primary enclosures outdoors. Facility must have written agreement with veterinarian for animal care, which shall require veterinarian to visit at least annually for the purpose of viewing all the animals in the facility, making a general determination concerning the health/disease status of the animals, and reviewing the commercial breeder's program for disease prevention and control. If during the course of the visit, the veterinarian identifies an animal that requires a more detailed individual examination to determine the specfic condition of the animal or to determine an appropriate course of treatment, then such examination shall be undertaken. Similar but not identical rules regarding facilities and housing apply to an “In-home kennel” - an individual required to be licensed as a boarding kennel or as a commercial breeder under Iowa Code chapter 162 who maintains or harbors not more than six adult animals (including both breeding animals and surgically sterilized animals) in the individual's living quarters. (Iowa Admin. Code 21-67.2(162)) | A license may be denied or revoked if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate or if the feeding, watering, cleaning, and housing practices are not in compliance with the law.An authorized commercial establishment that violates the law is subject to a civil penalty of up to $500. The official who determines a violation exists must provide a corrective plan to the establishment describing how the violation will be corrected within 15 days.An unauthorized commercial establishment is subject to a civil penalty of up to $1,000.Operating a commercial establishment without authorization is a misdemeanor. Failure to meet the required standard of care is a misdemeanor. | |||||||||||||||||
22 | Kansas | Kansas Kan. Stat. Ann. § 47-1701 - § 47-1737 and Kan. Admin. Regs. 9-18-2, 9-19-12, and 9-25-1 to 9-25-15. | Yes | No | "Animal breeder premises" means any premises where all or part of six or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another. (§ 47-1701) "Retail breeder premises" means any premises where all or part of six or more litters or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at retail and not for resale to another. "Hobby breeder premises" means any premises where all or part of 3, 4 or 5 litters of dogs or cats, or both, are produced for sale or sold, offered or maintained for sale per license year. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than 30 individual animals. | N/A | Yes Inspection must occur before initial license is granted. May make inspections thereafter and may inspect upon receiving complaint. Inspection is mandatory if commissioner has reasonable grounds to believe violations occurring of K.S.A 47-1701 et seq. or that grounds exist for suspension or revocation of such person's license or permit. Notice shall not be given to any person prior to an inspection. | Health Commissioner of the Kansas Department of Agriculture | Per regulations (Kan. Admin. Regs. 9-19-12), animal breeders must comply with the USDA regulations at 9 C.F.R. § 3.1 – 3.12, which are adopted by reference (with a few minor changes). Per those federal regulations: housing facilities to be structurally sound and safe, clean and in good repair, food and bedding are to be stored to prevent infestation, surfaces shall be readily cleaned and replaced as needed, reliable electric power and adequate running water, adequate drainage and waste disposal, pest control, and washing facilities available for animal caretakers. Indoor facilities: appropriate heating, cooling, temperature control and ventilation. Lighting must be adequate, but primary enclosures should be placed in such a way as to avoid excessive light for animals. Indoor surfaces impervious to moisture. Outdoor facilities must protect animals from the elemenrts and from excessive sun, with sufficient space for all animals, surfaces to be impervious to moisture, wind break, and bedding for cold weather. Only animals acclimated to local weather may be kept outdoors. Primary enclosures to be structurally sound and safe, constructed to keep other animals out and contain animals securely, must enable animals to stay dry and clean, protect against extreme temperatures and provide shade to all animals at one time, provide access for all animals to food and water. Surfaces to be readily cleaned and sanitized. Floors are to be constructed in a manner that protects the dogs' feet and legs from injury, and, if made of mesh or slatted construction, must not permit dogs' feet to pass through any openings in the floor. Floors should not sag, animals to have sufficient space, compatible housing. Dogs should receive sufficient exercise, food and water. NOTE: The USDA standards in 9 CFR 3.1 – 3.12 do not cover veterinary care, but they do refer to an attending veterinarian. Kansas regulations 9-25-1 through 9-25-15 set forth humane standards substantially similar to the federal ones listed above, but also include adequate veterinary care. | Failing to provide adequate care can result in license revocation, suspension, or the refusal to issue a license.Upon a finding that a person has violated or failed to comply with the law, the commissioner may impose a civil fine of up to $1,000 for each violation or require the person to attend an educational course regarding animals and their care and treatment. If the commissioner imposes the educational course, the person may choose either a fine or the educational course.Any violation of or failure to comply with the law, or any regulation adopted thereunder, is a class A nonperson misdemeanor. | |||||||||||||||||
23 | Kentucky | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
24 | Louisiana | La. Rev. Stat. Ann. 3:2772 | Yes | Yes No more than 75 dogs over the age of one year for breeding purpose at one time. | Any individual or business with five or more dogs and who breeds and sells dogs retail, wholesale, or to the public is required to procure a kennel license and pay a kennel license fee in lieu of individual dog licenses and license fees. | N/A | No | Governing body of municipality or parish | None listed | Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. | |||||||||||||||||
25 | Maine | Me. Rev. Stat. tit. 7, §§ 3907 to 3944 and 01-001 CMR Ch. 701, §§ I and II | Yes | No | All kennels must be licensed. “Breeding kennel” means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. “Breeding kennel” does not include a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, show, training, sledding, competition, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period. (Me. Rev. Stat. tit. 7, § 3907) The term “kennel” means one pack or collection of dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials and exhibition purposes. The sale or exchange of one litter of puppies within a twelve month period shall not be considered a kennel. (Code Me. R. tit. 01-001 Ch. 701 § I) | N/A | Upon application, a conditional breeding kennel license will be issued, until the kennel passes an inspection. The commissioner, a state humane agent, a veterinarian employed by the State or a licensed veterinarian at the direction of the commissioner may, at any reasonable time, enter an animal shelter, kennel, boarding kennel, breeding kennel or pet shop and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. (Me. Rev. Stat. tit. 7, § 3936) | Department of Conservation, Agriculture and Forestry | Primary structure in good repair and structurally sound, with running water, heat, and electricity; appropriate indoor temperature for animals, shade provided outside exclusive of housing structure, sanitation, food and clean water, disease and pest control, noise minimized, ventilation, sufficient exposure to artificial or natural light for the animals. Dogs must be removed from the cage a minimum of twice every twenty-four hour period; separate and suitable exercise area properly controlled for the safety of the animals placed in same shall be required. Animals shall not be placed in cages over other animals unless the enclosure is properly constructed to prevent excreta from entering the lower enclosure. All cages must have a clean dry place for the animal to lie down and the flooring must be of solid type material without perforations. There must be clean and sufficient bedding material to retain the animal's normal body heat. All cages/pens must have a clean dry place for the animal to lie down and the flooring must be of solid type material without perforations. There must be clean and sufficient bedding material to retain the animal's normal body heat. Wire floor does not include manufactured grids that will not potentially injure the feet. The design and location of a cage and exercise area must be of such nature as to permit ready and convenient access for cleaning, sanitation and care of the animal. Dogs sheltered outside must have housing facilities consisting of a four- sided structure and roof made of waterproof and windproof material; with baffled or otherwise sheltered entrance. The opening should face south or the direction away from which most wind driven precipitation comes. This facility shall have a solid floor at least three (3) inches above the ground level, with clean and sufficient bedding material to retain the animal's normal body heat. | A person maintaining a breeding kennel without having obtained a license, or after a license has been revoked or suspended, commits a civil violation and is subject to a fine of between $50 and $200 a day.If, following an investigation, a violation is found to exist, the department or the attorney general may file a complaint with the Administrative Court for revocation or suspension of the license.The commissioner may revoke or suspend a breeding kennel license if a person maintaining the breeding kennel violates any quarantine or maintains animals contrary to the law and regulations. | |||||||||||||||||
26 | Maryland | MD LOCAL GOVT § 13-108 and Md. Code Ann., Crim. Law § 10-616. 10-617 | Yes | No | Any person who owns or has custody of 6 or more unspayed female dogs over the age of 6 months kept for the purpose of breeding the dogs and selling their offspring or who sells dogs from 6 or more litters per year must obtain a kennel license from the local licensing agency. (effective Oct. 1, 2017) | N/A | No Upon prior written notice, authorized director of a humane society, accompanied by a sheriff or deputy sheriff, can inspect premises where dogs are being bred, bought, sold or traded, as a business, or a kennel where 25 or more dogs are kept, to determine if dogs are being treated inhumanely. | Local enforcement | None listed | A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. | |||||||||||||||||
27 | Massachusetts | Mass. Gen. Laws Ann. ch. 140, § 136A - 137C | Yes | No | Kennel - a pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. Commercial breeder kennel - an establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration. A person maintaining a kennel shall obtain a kennel license. | N/A | Yes Kennel must pass inspection by animal control officer before licensing authority grants initial or renewal license. 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 at any time inspect a kennel or cause the inspection of a kennel. | Mayor, selectmen, chief of police and animal control officers | Kennels must be “maintained in sanitary and humane manner.” | Any person maintaining a kennel after a license is revoked or suspended is fined up to $250.A kennel license is void and must be surrendered if the licensee violates certain animal cruelty statutes. No person will be given a license during a period of five years from the date of his being found guilty or penalized for offenses against animals. | |||||||||||||||||
28 | Michigan | Mich. Comp. Laws Ann. § 287.270, 287.331 and Mich. Admin. Code R. 285.151. | Yes. A person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. (3/29/17) | License will specify any limit on number of dogs (6 months old or over) that may be kept. | Kennel – establishment wherein 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration. Large-scale dog breeding kennel” means a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, “housed or kept for the primary purpose of breeding” means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding (3/29/17) | (1) Except as otherwise provided in this subsection, the licensing and registration requirements of this act
do not apply to a person who breeds his or her own animals or to a person subject to 1969 PA 224, MCL 287.381 to 287.395. The licensing and registration requirements of this act apply to a large-scale dog breeding kennel. (3/29/17) | Yes The county treasurer or county animal control officer shall not issue a kennel license for a new kennel under the provisions of this act unless the applicant furnishes an inspection certificate signed by the director of the department of agriculture. or his authorized representative, stating that the kennel complies with the reasonable sanitary requirements of the department of agriculture, and are properly fed and protected from exposure commensurate. The necessary inspections shall be made by the dog warden, if there be one, otherwise by such person as may be appointed by the board of supervisors or the legislative body of the government unit involved. If no such appointment is made and in effect in any county, city, or village, then such inspection shall be made on behalf of the commissioner of agriculture by the sheriff or chief of police. | Local authorities; Department of Agriculture oversees inspections | Any dog kennel which under Michigan state law is to be covered by a license shall be of such construction as will adequately and comfortably house dogs at any season of the year. Housing to be constructed to prevent outside animals from getting in. Buildings, including walls and floors, to be readily cleaned, and kennels and yards to be kept clean. All dogs shall be furnished with clean, fresh water supply and adequate proper food. Dogs must be protected from exposure to elements and temperature. The department may promulgate rules to accomplish the purposes of this act and to establish minimum standards for the housing, care, and handling of animals to insure the humane care and handling of animals. The department may also promulgate rules to establish minimum standards for large-scale dog breeding kennels. Until the department promulgates rules under subsection, a large-scale dog breeding kennel is subject to R 285.151.1 to R 285.151.41 of the Michigan administrative code. (3/29/17) | (From Cruely to Animals Statutes Chapter IX Animals 750:50 4,5,6,7): A person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00 or community service for not more than 200 hours, or any combination of these penalties and the cost of prosecution. A person who violates subsection (2) on a second occasion is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or community service for not more than 300 hours, or any combination of these penalties and the cost of prosecution. A person who violates subsection (2) on a third or subsequent occasion is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00 or community service for not more than 500 hours, or any combination of these penalties and the cost of prosecution.--If forfeiture is not ordered pursuant to subsection (3), as a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action. (6) As a part of the sentence for a violation of subsection (2), the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of subsection (2), a court order under this subsection may order the defendant not to own or possess an animal for any period of time which may include permanent relinquishment of animal ownership. (7) A person who owns or possesses an animal in violation of an order issued under subsection (6) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (6) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both. | |||||||||||||||||
29 | Minnesota | Minn. Stat. Ann. §§346.39, and 347.57 - 347.64 | Yes Beginning July 1, 2015, commercial breeders must obtain annual license. | No | “Commercial breeder” means a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year. | N/A | Yes The Board must inspect commercial breeder's facility before issuing the initial license. Board also must inspect at least annually; if no violations in two consecutive years, inspections every other year. If the commercial breeder has any violations during an inspection or if the board has cause, the board must inspect the commercial breeder at least annually. Board also must investigate upon receiving complaint of non-compliance with specifications on humane standards. | Board of Animal Health | Daily enrichment, physical contact with human beings and compatible animals at least twice a day. Sufficient space for dogs. (USDA-licensed breeders with facilities in compliance with USDA rules on confinement space as of July 1, 2014 do not have to alter those facilities; USDA-licensed breeders building confinement areas after July 1, 2014 must meet Minnesota’s specifications.) Food, water, exercise, compatible housing, temperature, ventilation, lighting, interior surfaces impervious to moisture, drainage, proper waste disposal, clean and dry bedding, if used (per M.S.A. § 346.39, which commercial breeders must comply with, per M.S.A. § 347.59). | Not listed | |||||||||||||||||
30 | Mississippi | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
31 | Missouri | Mo. Ann. Stat. § 273.325 to § 273.359 | Yes | No | Commercial breeder - a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three intact females for the primary purpose of breeding animals for sale | N/A | Yes A license shall be issued only upon inspection by the state veterinarian, his designee, or an animal welfare official. Inspections shall be conducted a minimum of once a year, or upon a complaint to the department regarding a particular facility. The state veterinarian or an animal welfare official, upon his own information or upon the complaint of any person, may inspect any premises where any animal is or may be found, to determine if any violations are occurring. | Missouri Department of Agriculture | Adequate food, clean water, adequate housing/shelter that protects dogs from the elements and provides sufficient space. Regular exercise, sanitation, pest control, ventilation, necessary veterinary care, compatible housing. Facility must have reliable electric power adequate and adequate running water. No stacked cages without impervious barrier between the levels of such cages. Food and bedding shall be stored in a manner to prevent infestation, drainage, waste disposal. WIre flooring is prohibited, and bare metal flooring is prohibited. Flooring must be constructed to prevent sagging and must not have openings that dogs’ legs could pass through. Regulations also include standards for dogs cared for in individual homes | Whenever a state veterinarian or animal welfare official finds past violations of the law have occurred and have not been addressed, including operating without a valid license, the agriculture director may request the attorney general or the county prosecuting attorney or circuit attorney to sue in circuit court in the county where the violations have occurred for a temporary restraining order, preliminary injunction, permanent injunction, or a remedial order enforceable in a circuit court to correct such violations. In addition, the court may assess a civil penalty of up to $1,000 for each violation.A person commits canine cruelty if he or she repeatedly violates the law so as to pose a substantial risk to the health and welfare of animals in such person's custody, or knowingly violates a remedial order involving the safety and welfare of animals. Canine cruelty is a class C misdemeanor, unless the person has previously pled guilty or nolo contendere to or been found guilty of a violation of this subsection, in which case each violation is a class A misdemeanor.Any person required to have a license who houses animals in stacked cages without an impervious barrier between the levels of such cages, except when cleaning such cages, is guilty of a class A misdemeanor. | |||||||||||||||||
32 | Montana | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
33 | Nebraska | Nebraska §§54-625 to 54-641 and 23 NE ADC Ch. 18 | Yes | No | Commercial dog breeder means a person engaged in the business of breeding dogs: (a) Who sells, exchanges, leases, or in any way transfers or offers to sell, exchange, lease, or transfer thirty-one or more dogs in a twelve-month period beginning on April 1 of each year; (b) Who owns or harbors four or more dogs, intended for breeding, in a twelve-month period beginning on April 1 of each year; (c) Whose dogs produce a total of four or more litters within a twelve-month period beginning on April 1 of each year; or (d) Who knowingly sells, exchanges, or leases dogs for later retail sale or brokered trading; | N/A | Yes Inspector’s approval required before the department will approve an application for a license. NE LEGIS 360 (2015), 2015 Nebraska Laws L.B. 360 [This law was passed recently and has not yet been fully codified in Westlaw.] 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. | Department of Agriculture’s Bureau of Animal Industry | Sanitary housing, animals able to remain dry and clean, shelter and protection from weather and extreme temperatures, sufficient shade for all animals in an enclosure at one time, food and water, sufficient space, socialization (physical contact with other dogs and human beings, other than when being fed), exercise, pest control, drainage, ventilation, lighting, flooring that protects dogs’ feet and legs from injury and does not permit feet to pass through. Veterinary care, including grooming and nail clipping. Wellness exam at least every three years, to include dental. | The department may:● issue a stop-movement order if it has reasonable cause to believe that there is noncompliance;● apply for a restraining order, temporary or permanent injunction, or mandatory injunction against any person violating or threatening to violate the act, the rules and regulations, or any order;● suspend or revoke licenses for noncompliance with the law or regulations; or● impose an administrative fine of up to $5,000 for any violation.Operating as a commercial breeder without a license or violating the law is a class I misdemeanor. | |||||||||||||||||
34 | Nevada | Nevada §§574.210 to 574.440 | Yes Per state law [574.353], local areas of the state shall pass ordinances requiring annual permit to act as a breeder. | No | “Breeder” means a dealer, operator or other person who is responsible for the operation of a commercial establishment engaged in the business of breeding dogs or cats for sale or trade. The term does not include a person who breeds dogs or cats as a hobby. “Operator” means a person responsible for the operation of: 1. A cattery, kennel or commercial establishment engaged in the business of selling animals; or 2. An animal shelter. (574.290) NOTE: Given that the definition of breeder includes an “operator” and an operator is responsible for running the facilities holding the dogs, the information here reflects laws covering “Breeders” [574.356] and laws covering “Duties of Operators” [574.360 – 574.440]. | N/A | No For the purpose of enforcing the provisions of NRS 574.360 to 574.440, inclusive, as those provisions apply to breeders, any animal control agent of the issuing authority may enter and inspect the premises specified on the permit at any reasonable hour. (574.353) In addition to any ordinance adopted pursuant to NRS 244.189, 244.335 or 244.359, the board of county commissioners of each county, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, shall adopt an ordinance requiring each breeder in an unincorporated area of the county to obtain an annual permit to act as a breeder issued by the board or by the animal control agency of the county, if any. (574.353) In addition to any ordinance adopted pursuant to NRS 266.325 or 266.355, the city council or other governing body of each incorporated city, whether organized under whether organized under general law or special charter, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, shall adopt an ordinance requiring each breeder in the incorporated area of the city to obtain an annual permit to act as a breeder issued by the city council or other governing body or by the animal control agency. (574.353) For the purpose of enforcing the provisions of NRS 574.360 to 574.440, inclusive, as those apply to breeders, any animal control agent of the issuing authority may enter and inspect the premises specified on the permit at any reasonable house (574.353) | Board of county commissioners or animal control agency in unincorporated areas, and city council or other governing body or animal control agency in incorporated areas | Clean, safe grounds and buildings from which animals cannot escape and which restricts entrance of other animals; animals are to be kept indoors unless acclimated to outdoor environment; buildings to have reliable and adequate source of electrical power and potable water; interiors impervious to water; proper drainage and sanitation, temperature, ventilation. Animals are to be protected from excessive light, but light should be sufficient for inspection and cleaning. Facilities must provide shelter from the elements, sufficient shade and sufficient space. Primary enclosures must have solid floors and cannot be stacked on top of one another; compatible housing; clean bedding; nutrition; additional requirements concerning protection from severe weather for animals kept outdoors, including method for rapid drainage of surface water in area where animals are kept. Operators must establish program with veterinarian to control disease and provide care when needed; animals to be observed daily. | An ordinance may provide for the suspension, revocation, or denial of a breeder permit for violating state law, as it applies to breeders. | |||||||||||||||||
35 | New Hampshire | N.H. Rev. Stat. Ann. § 437:1 to 437:8. 437:9(penalty) and N.H. Code Admin. R. Agr. 1704 | Yes | No | No person, firm, corporation or other entity shall engage in the business of transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, transferring live animals or birds customarily used as household pets for transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. N.H. Rev. Stat. Ann. § 437:1 “Commercial kennel” means any person, business, corporation, or other entity that transfers 10 or more litters or 50 or more puppies in any 12 month period (437:2) | N/A | Yes Inspection before license is granted (N.H. Rev. Stat. Ann. § 437:3) and at reasonable times determined by the department and no less frequently than once a year, with the possibility of additional random inspections. (N.H. Rev. Stat. Ann. § 437:8) Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. (N.H. Rev. Stat. Ann. § 437:3) | Department of Agriculture, Markets, and Food | Safe, clean housing that contains animals and prevents other animals from entering; adequate and reliable electric power and potable water; nutritious and adequate food and water, daily observation and veterinary care, temperature, ventilation, lighting, interior surfaces of indoor housing facilities to be impervious to moisture, drainage, protection from elements and sufficient shade outdoors, sufficient space, floors of primary enclosures constructed to protect dogs’ legs from injury, compatible housing, sanitation. Maximum of four adult dogs in one primary enclosure. | Any person who violates any provision of this subdivision shall be guilty of a misdemeanor. II. 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. III. Once a license has been revoked under the provisions of RSA 437:3, the department may require that all animals and birds located on the premises for which such license was revoked shall be removed by the licensee from said premises within 3 working days after said revocation and be relocated to a safe and sanitary place approved by the department. | |||||||||||||||||
36 | New Jersey | N.J. Stat. Ann. § 4:19-15.1 - 4:19-15.19 and N.J. Admin. Code §§ 8:23A-1.1 - 8:23A-1.9 | Yes Licenses are issued by municipality where kennel is located | No | “Kennel” means any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop. | Unclear The regulations do not address inspections squarely but suggest that yearly inspections are required: “A certificate of inspection, issued for the current licensing year by the local health authority indicating compliance with these rules, shall be prominently displayed at the facility in an area visible to the public.” (N.J. Admin. Code § 8:23A-1.2) | State Department of Health, municipality and local board of health State Department of Agriculture also involved in rulemaking | Kennels must have indoor facilities, except for animals which the supervising veterinarian certifies are acclimated to NJ climate; sanitation, safe, clean housing that securely contains animals and prevents other animals from entering; adequate and reliable electric power and potable water; food and bedding protected from vermin; pest control program; nutritious and adequate food and water, temperature, ventilation, lighting, structures impervious to moisture, drainage, sufficient shade, protection from elements, sufficient space. Floors of primary enclosures constructed to protect dogs’ legs from injury (grid-type flooring permitted provided that grid material is of adequate gauge to prevent sagging under weight of animals and mesh is small enough to prevent feet from passing through or cause cutting injuries to foot pads). Compatible housing, veterinary care, additional exercise required for dogs in spaces smaller than twice the minimum space provided. Kennels must have a veterinarian-supervised program addressing physical and psychological well-being of animals and a disease control program. | |||||||||||||||||||
37 | New Mexico | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
38 | New York | N.Y. Agric. & Mkts. Law § 400 - 407 | Yes | No | “Pet Dealer” means any person (individual, corporation, partnership, association, municipality, or other legal entity) 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. N.Y. Agric. & Mkts. Law § 400 | N/A | Yes Inspection shall precede issuance of a license or renewal thereof. Inspections shall occur at least annually, except for those pet dealers who engage in the sale of fewer than twenty-five animals in a year, in which case inspections shall be made whenever in the discretion of the commissioner or his or her authorized agents, a complaint warrants such investigation. | Commissioner of Agriculture and Markets | Housed in primary enclosures that are structurally sound, surfaces impervious to moisture, and with sufficient space. If the flooring is constructed of metal strands, such strands must either be greater than one-eighth inch in diameter (nine gauge wire) or shall be coated with a material such as plastic or fiberglass, and shall be constructed so as not to allow passage of the animal's feet through any opening in the floor of the enclosure. Such flooring shall not sag or bend substantially between structural supports. Housing facilities kept clean, adequately ventilated for the health of the animals, temperatures regulated, adequate shade from sunlight, waste and water removal to keep animals dry, food and water, humane handling to avoid injury, lighting sufficient for inspection but also arranged to protect animals from excessive illumination, veterinary care and daily exercise. | *In language contents, it lists "violations" and "penalties" as sections, but they are not actually there. | |||||||||||||||||
39 | North Carolina | N.C. Gen. Stat. Ann. §§ 19A-20 to 19A-41 d and 2 N.C. Admin. Code 52J.0201 - .0210. Penalties § 19A-33,§ 19A-34,§ 19A-35,§ 19A-40 | Yes | No | “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. (N.C. Gen. Stat. Ann. § 19A-23) This Article shall not apply to any dealer, pet shop, public auction, commercial kennel or research facility during the period such dealer or research facility is in the possession of a valid license or registration granted by the Secretary of Agriculture pursuant to Title 7, Chapter 54, of the United States Code. This Article shall not apply to any individual who occasionally boards an animal on a noncommercial basis, although such individual may receive nominal sums to cover the cost of such boarding. (19A-37) | N/A | No | Animal Welfare Section in the Animal Health Division of the Department of Agriculture and Consumer Services, and the Board of Agriculture | Housing, food, water, sanitation, temperature, lighting, drainage, structures and walkways impervious to mold, protection for animals from excessive sun and inclement weather, five-foot-high perimeter fence outdoors, sufficient space, facilities constructed to keep animals in securely and other animals out. Every primary enclosure must have a solid resting surface adequate to hold all animals therein at the same time. Food and water facilities located outdoors must be protected from the elements. Pest control program, bedding and food stored to prevent infestation, compatible housing, veterinary care. | Operation of a pet shop, kennel, or public auction without a currently valid license shall constitute a Class 3 misdemeanor subject only to a penalty of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), and each day of operation shall constitute a separate offense. (1977, 2nd Sess., c. 1217, s. 14; 1993, c. 539, s. 315; 1994, Ex. Sess., c. 24, s. 14(c).) - Acting as a dealer in animals as defined in this Article without a currently valid dealer's license shall constitute a Class 2 misdemeanor. Continued illegal operation after conviction shall constitute a separate offense. Animals found in possession or custody of an unlicensed dealer shall be subject to immediate seizure and impoundment and upon conviction of such unlicensed dealer shall become subject to sale or euthanasia in the discretion of the Director. (1977, 2nd Sess., c. 1217, s. 15; 1993, c. 539, s. 316; 1994, Ex. Sess., c. 24, s. 14(c).)-- Failure of any person licensed or registered under this Article to adequately house, feed, and water animals in his possession or custody shall constitute a Class 3 misdemeanor, and such person shall be subject to a fine of not less than five dollars ($5.00) per animal or more than a total of one thousand dollars ($1,000). Such animals shall be subject to seizure and impoundment and upon conviction may be sold or euthanized at the discretion of the Director and such failure shall also constitute grounds for revocation of license after public hearing. (1977, 2nd Sess., c. 1217, s. 16; 1999-408, s. 4.)-- The Director may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Director shall consider the degree and extent of harm caused by the violation. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1995, c. 516, s. 6; 1998-215, s. 3.) | |||||||||||||||||
40 | North Dakota | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
41 | Ohio | Ohio Rev. Code Ann. § 956.01 and Ohio Admin. Code 901:1-6. Penalties (956.13) | Yes | No | “High volume breeder” means an establishment that keeps, houses, and maintains adult breeding dogs that produce at least nine litters of puppies in any given calendar year and, in return for a fee or other consideration, sells sixty or more adult dogs or puppies per calendar year. | N/A | Yes Inspections mandatory for licensed high-volume breeders at least once annually. Inspection not required for initial license. The applicant can submit photographic evidence and affidavit documenting the facilities where dogs will be kept, housed, and maintained. The director may conduct an inspection of the facilities in addition to reviewing photographic evidence. | Director of Agriculture Commercial Dog Breeding Advisory Board also created in 2012 (956.17) | Standards for high-volume breeders: Establishment of veterinary-client-patient relationship, with veterinarian examining every dog annually, and providing written annual plan for dogs covering exercise, behavior, social needs and health care. The primary enclosure shall provide each dog with at least the minimum amount of floor space, per mathematical formula in the regulations. Each primary enclosure to provide a “resting place that has a solid floor large enough to accommodate all adult dogs and puppies in the primary enclosure at the same time and a partial or complete visual barrier.” Primary enclosures to have floor that is of a sufficient grid density to preserve the normal mobility and muscle tone of the dog, and that does not: (a) sag; (b) bend; or, (c) bounce. Open metal floors in primary enclosures shall be coated with a protective coating, and such coating may include but is not limited to plastic, fiberglass, or rubber. Primary enclosures shall be positioned or protected in the housing facility so that dogs are not soiled by fecal matter or urine from above. Existing facilities [means USDA-licensed] may continue to use primary enclosures in use on the effective date of this rule that do not meet the space requirements [per the formula in the regulations]. After December 31, 2016, all primary enclosures shall comply with [the formula in the regulations]. Regulated temperature, lighting uniformly diffused, ventilation that minimizes odors. Outdoors dogs must have protection from sunlight and from elements. Sufficient food and water; bedding, food and supplies to be protected from infestation; pest control; compatible housing. Socialization: Puppies shall have human physical contact during the first sixteen weeks of life to facilitate their social development. Dogs to be provided with daily positive human contact and socialization aside from feeding and cleaning, and receive some form of effective enrichment daily. Dogs housed singly shall be provided daily with visual contact with other dogs, and dogs shall not be segregated for extended periods of time in a manner devoid of any visual contact with other dogs. | (C) Civil penalties shall be assessed in the following amounts: (1) A person who has violated division (A)(1) of section 956.04 or division (A)(1) of section 956.05 of the Revised Code shall pay a civil penalty in an amount that is established in rules adopted under section 956.03 of the Revised Code. (2) A person who has violated any other provision of this chapter or rules adopted under it shall pay a civil penalty of one hundred dollars.Each day that a violation continues constitutes a separate violation. | |||||||||||||||||
42 | Oklahoma | Yes | No | “Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses eleven or more intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration. | N/A | Yes Department of Agriculture, Food, and Forestry shall not issue initial license before receiving approved inspection report from veterinarian or other qualified person who visited facilities. Inspections required at least annually thereafter. An inspection may be conducted on receipt of “valid written complaint” alleging violations of the Commercial Pet Breeders and Animal Shelter Licensing Act. | State Board of Agriculture and Oklahoma Department of Agriculture, Food, and Forestry | Sufficient food and water, regular exercise, veterinary care, adequate grooming, natural or artificial light during daylight hours, adequate space in living quarters, protection from the elements and extreme temperatures. Nutritious food and water. Food stored to prevent infestation. Safe housing that protects from elements and extreme weather, direct sunlight and extreme heat, and provides sufficient shade. Temperatures regulated, adequate ventilation, readily-cleaned surfaces. Any metal wire flooring that pets may come into contact with must be covered in a protective plastic or rubber coating and slatted surfaces shall not allow the pets' feet to pass through or get caught or trapped. If the floor of a primary enclosure is composed of coated wire, the commercial pet breeder shall provide temporary or permanent covers or inserts creating a solid surface within the primary enclosure equal to 25% of the minimum size of the enclosure. Reliable supply of electricity and running water, outside floor areas to be composed of materials that do not become hot to the touch, sanitation, drainage, pest control, compatible housing. Maximum six dogs in one primary enclosure; sufficient space; stacking of cages permitted if there is a barrier or drainage system between the upper enclosure and the lower enclosure that prevents all feces and debris from falling from the upper enclosure into the lower enclosure. Veterinary care including annual physical exams; grooming, nail clipping, no more than 5% of coat matted, bathing frequently enough so no signs of long-standing dirt and grime. Exercise; if a pet is housed, held, or maintained in a primary enclosure without sensory contact with another pet, it must be provided with positive physical contact with humans at least daily. (532:15-3-9) Any commercial pet breeder or animal shelter operator that applies for a license no later than September 1, 2013, shall not be required to meet any cage size requirement more stringent than United States Department of Agriculture standards. Regardless of license application date, any commercial pet breeder or animal shelter operator replacing or adding cages after September 1, 2013, shall meet the cage size requirements as of the date of replacement or addition. (35:55-3-4) | A. After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the State Board of Agriculture finds any person in violation of the Commercial Pet Breeders and Animal Shelter Licensing Act or any rule promulgated or order issued pursuant thereto, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation. Each animal, each action, or each day a violation continues may constitute a separate and distinct violation. During each license year of the facility, a facility shall not be subject to more than Ten Thousand Dollars ($10,000.00) in administrative penalties assessed pursuant to this subsection. B. A person commits an offense if the person violates the Commercial Pet Breeders and Animal Shelter Licensing Act or any rule adopted under the Commercial Pet Breeders Shelter Licensing Act. Each animal to which a violation applies and each day that violation continues constitutes a separate offense. An offense under this subsection is a misdemeanor punishable as provided in subsection F of this section. C. A person commits an offense if the person knowingly falsifies information in a license application, annual report, or record required under the Commercial Pet Breeders and Animal Shelter Licensing Act An offense under this subsection is a misdemeanor punishable as provided in subsection F of this section. D. An unlicensed commercial pet breeder commits an offense if the breeder advertises animals for sale. An offense under this subsection is a misdemeanor punishable as provided in subsection F of this section. E. An animal shelter or commercial pet breeder commits an offense if the animal shelter or commercial breeder interferes with, hinders, or thwarts any inspection or investigation under the Commercial Pet Breeders and Animal Shelter Licensing Act or refuses to allow an inspector full access to all areas of the facility where animals are kept or cared for and all records required to be kept under the Commercial Pet Breeders and Animal Shelter Licensing Act or any rule adopted under the Commercial Pet Breeders and Animal Shelter Licensing Act. An offense under this subsection is a misdemeanor punishable as provided in subsection F of this section. F. 1. Any violation of subsection B, C, or D of this section shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00). 2. Any violation of subsection E of this section shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00). G. In addition to penalties and fines, the Board shall have authority to obtain injunctions against anyone who violates the Commercial Pet Breeders and Animal Shelter Licensing Act, and shall have authority to obtain or impose civil monetary penalties on anyone who violates the Commercial Pet Breeders and Animal Shelter Licensing Act, and upon obtaining a court order, shall have authority to seize and impound animals in the possession, custody, or care of that person if there is reason to believe that the health, safety, or welfare of the animals is endangered, or the animals are in imminent danger. The reasonable costs of transportation, care, and feeding of seized and impounded animals shall be paid by the person from whom the dogs or cats were seized and impounded. 7 Effective 11/1/2013 H. Nothing in the Commercial Pet Breeders and Animal Shelter Licensing Act shall preclude the Board from seeking penalties in district court in the maximum amount allowed by law. The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of the Commercial Pet Breeders and Animal Shelter Licensing Act and rules promulgated pursuant thereto. I. Any person assessed an administrative or civil penalty may be required to pay, in addition to the penalty amount and interest thereon, attorney fees and costs associated with the collection of the penalties. J. If any person refuses, denies or interferes with any right of access, the Board shall have the right to apply to and obtain from a district court an administrative or other warrant as necessary to enforce the right of access and inspection. | ||||||||||||||||||
43 | Oregon | Or. Rev. Stat. Ann. §§ 167.310 and 167.374 – 167.376 and OAR 603-015-0035 - OAR 603-015-0050 | No | Yes Maximum of 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age. | Welfare standards in place for anyone possessing at the same time 10 or more sexually intact dogs that are eight months of age or older. Additional recordkeeping requirements for a person that has 50 or more sexually intact dogs that are eight months of age or older. | N/A | No | State Department of Agriculture | Welfare standards in place for anyone with 10 or more sexually intact dogs that are eight months or older: Sufficient space in enclosures, solid flooring in the enclosures without slats or gaps, stacking of enclosures prohibited, at least one hour of exercise per day for dogs four months or older, waste removal. Also must provide “minimum care” as defined in 167.310, which applies to those with more than 10 breeding dogs per 167.376: “Minimum care” means care sufficient to preserve the health and well-being of an animal including food, open access to water, access to area that is kept reasonably clean, with adequate space and with air temperature suitable for animal, and veterinary care. Per regulations: Safe housing that keeps animals in and other animals out; electric power and water; storage of food and bedding to prevent infestation; daily waste removal; ventilation, temperature; shade in the outdoors, protection from elements; drainage; space. | A violation of the law is a class B misdemeanor. With respect to the “more than 50 dogs” requirement, a court must suspend the sentence if the violator agrees to have a sufficient number of dogs spayed or neutered to remedy the violation. | |||||||||||||||||
44 | Pennsylvania | Pa. Cons. Stat. Ann. § 459-101 - 219 (459-206 is the main section) and 7 Pa. Code §§ 21.21 – 21.30 | Yes | No | Any person who operates a kennel must be licensed. Kennels shall be classified by type and the fee for the license shall be determined by kennel type, the number of dogs housed, kept, harbored, boarded, sheltered, sold, given away or transferred in or by the kennel. 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. Pennsylvania regulations divide kennels into multiple classes. The largest commercial kennel is “Kennel Class C-VI.” Anyone keeping 500 or more dogs must obtain a "Kennel Class C-VI" license. | N/A | Yes Inspections at least twice per year by state dog wardens and employees of the Department of Agriculture | Department of Agriculture | "Kennels to be kept in sanitary and humane condition in accordance with regulations; safe housing facilities, adequate drainage. Dogs to be kept in outdoor facilities only if acclimated to climate. Standards for all kennels: records to be maintained for two years for each dog at kept in the kennel. Boarding kennels, nonprofit kennels, and Kennels Class I through VI licensed holders: develop and follow a plan to provide dogs with the opportunity for exercise, which shall be approved by a license vet. All kennels shall be equipped with smoke alarms or fire extinguishers. Housing facilities shall be equipped with fire extinguishers and indoor housing facilities may have a sprinkler system. Class C kennels -- all dogs: primary enclosuers must be structurally sound and kept in good repair; primary enclosures must have: no sharp points or edges, protect dogs from injury, be tall enough to prevent dogs from climbing over walls, keep other animals from entering the enclosure, enable dogs to remain dry and clean, provide protection from temp. and uncomfortable/hazardous conditions, provide potable water at all times, enable surfaces to be readily cleaned and sanitized, contain floors that protect dogs feet and legs from injury (feet shall not pass through any openings), provide space allowing each dog to turn about freely, stand, sit, and lie in a normal position, dogs shall be able to lie down and fully extended limbs without touching the enclosure, and the interior height shall be six inches higher than the head of the tallest dog in normal standing position; all dogs in the same enclosure shall be compatible; not more than six dogs can be housed in the same enclosure; written program of vet care, which includes a physical exam, vaccination schedule, a protocol for disease and prevention, pest and parasite control, nutrition, and euthanasia; housing facilities shall be sufficiently heated and cooled -- temp can not fall below 50 degrees or go above 85 degrees; housing facilities should be sufficiently ventilated; floors and walls of primary enclosure must be impervious to moisture; primary enclosures may not be stacked more than two rows high, and the bottom enclosure may not be more than four and 1/2 feet off the floor; stacked primary enclosures shall have a tray to prevent urine, feces and other debris from passing into the underlying enclosure; debris, feces, etc. must be cleaned from enclosures daily; food and water receptables cleaned before they can be used to house, feed, or water another dog; food and water receptacles must be sanitized once every two weeks; premises must be kept free of accumulations of waste products. discarded matter, etc.; records shall be kept for inspection, including veterinary records for two years. Class C kennels -- dogs over 12 weeks: A primary enclosure size that is double the federal requirement and for each second dog placed in the primary enclosure the minimum floor space shall be doubled. For each dog above two, the minimum floor space shall be multiplied by 1.5 per additional dog. Primary enclosures must be placed no higher than 30 inches above the floor of the housing facilitiy and may not be placed over or stacked on top of another cage or primary enclosure. The floor of the primary enclosure shall not sag or bend, be able to be destroyed through digging or chewing, shall not allow feet to pass through any openings, flooring shall not be metral strand whether or not it is coated, shall not allow for moderate drainage of fluids, and shall not slope more than .25inches per foot. Flooring constructed with flats are permissible upon certain conditions. Primary enclosures shall have an entry way that will the dog unfettered access to an exercuse area. A dog shall be examined by a vet at least once every six months. | The agriculture secretary must revoke a kennel license if the licensee is convicted of animal cruelty.In addition to any other penalty, the secretary may assess a civil penalty against an unlicensed kennel of between $500 and $1,000 for each day it operates in violation of the law. The secretary may provide a written cease and desist order to an owner who is operating a kennel without a license.Failure to take action or to meet the conditions imposed may, in addition to any other penalties allowed, result in the department imposing an administrative penalty of between $100 and $500 per day for each violation.Any violation constitutes a 3rd degree misdemeanor. | |||||||||||||||||
45 | Rhode Island | R.I. Gen. Laws Ann. §§ 4-19-1 to 4-19-21. (penalty 4-19-11.3) | Yes | No | License required to operate pet shop, kennel or public auction or to deal in animals. Requirements apply to dealers, breeders, kennels and pet shops. They do not apply to hobby breeders. ( 4-19-14 ) Requirements also do not apply to any dealer during the period that the dealer is in the possession of a valid license or registration granted by the Secretary of Agriculture pursuant to 7 U.S.C. § 2131 et seq. 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. 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” means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises. “Breeder” means a person engaged in the propagation of purebred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American kennel club, American field stud book, or a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder. “Hobby breeder” means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the limits set forth in § 4-25-1(4) (persons selling fewer than twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter). Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a breeder | No Any authorized representative of the director, and the general agent of the Rhode Island society for the prevention of cruelty to animals, 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. | Environmental Management Office | No specific regulations, only the following: 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. (4-19-11) License may be denied or revoked if it is determined that the housing facilities and/or primary enclosures are inadequate or if the feeding, watering, sanitizing and housing practices are not consistent with the intent of the laws. (4-19-8) The director may promulgate rules regarding primary enclosures, housing facilities, sanitation, ambient temperatures, feeding, watering, adequate veterinary medical care, etc. He or she may adopt USDA regulations at 7 U.S.C. § 2131 et seq., that are consistent with the intent and purpose of the laws. (4-19-13) | Any person, firm, or corporation who or that violates any provision of this chapter, unless the penalty is otherwise stated in a specific subsection, is subject upon conviction, plea of guilty, or plea of nolo contendere to a fine of five hundred dollars ($500) for the first offense and not to exceed one thousand dollars ($1,000) for the second and subsequent offense and loss of animal(s) and revocation of license and/or certificate after a public hearing. | ||||||||||||||||||
46 | South Carolina | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
47 | South Dakota | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
48 | Tennessee | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
49 | Texas | Tex. Occ. Code Ann. § C § 802.001 - 251 and 16 Tex. Admin. Code § 91.100 - .112 | Yes | No | Dog or cat breeder - a person who possesses 11 or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration and who sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year. | Yes Department may not issue a license to dog breeder until the department receives a prelicense inspection report from the inspector certifying that the facility meets state requirements (but it may not require a prelicense inspection of USDA Class A license-holders who submit copy of the license and statement certifying facility meets state’s requirements). Inspections mandatory at least once every 18 months and as necessary to ensure compliance. If necessary to adequately perform the inspection, the department or third-party inspector may determine it is appropriate to not provide advance notice to the licensed breeder before arriving at the facility; such a determination must be documented in the inspection report. On receipt of a complaint alleging a violation of the applicable laws and regulations, the department or a third-party inspector designated by the department shall investigate the alleged violation. Additional out-of-cycle inspections for facilities with violations: Tier 1 sanitation-related violations, twice each year; Tier 2 violations concerning shelter, food, water, or medical treatment of dogs, four times each year. | Texas Department of Licensing and Regulation and Commission of Licensing and Regulation (appear to be separate entities) | Per statute, state regulations must at least meet standard of federal regulations, require at least one hour of daily exercise, adequate drainage, adequate protection against weather and sun exposure, sufficient space for dogs outside primary enclosures, grooming, bathing and nail trimming, adequate space in primary enclosure, require wire or slatted flooring be designed to prevent dogs’ feet from protruding through floor, prohibit stacking unless impervious barrier placed between levels, and no stacking above three levels; at least one veterinary exam per year for each breeding animal, and all animals to receive routine and preventive care to maintain good health. Per regulations: structurally sound and safe housing that contain animals and keep other animals out; food and bedding stored to prevent infestation; surfaces must be cleaned regularly and replaced if they cannot be adequately cleaned to prevent on eliminate odors or pests; dirt surfaces and other material cleaned with adequate frequency; hard surfaces coming into contact with dogs to be spot-cleaned daily. Reliable running water and electric power source for heating, cooling, ventilation, and lighting; adequate drainage and frequent waste removal. Indoor housing to have appropriate heating, cooling, and temperature and humidity control; adequate ventilation to minimize odors and ammonia levels; lighting (preventing excessive lighting for animals but sufficient lighting for inspections); interior surfaces impervious to moisture. Sheltered housing to protect dogs from elements and be of sufficient size for dogs. Animals outdoors must be acclimated to climate, sufficient shade to protect all dogs at once from sun and from elements and weather, must have wind break at the entrance, housing surfaces in contact with animals must be impervious to moisture. Primary enclosures are to be structurally sound, safe, with no sharp edges, and are not to be stacked without impervious barrier between levels; enclosures should keep animals in securely and others out; animals must be able to remain dry and clean; provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time; floors that do not allow feet to protrude through floor; suspended floors do not sag; sufficient space; compatible housing; socialization; exercise; food and water, sufficient staff; grooming | If a person violates the law or a rule adopted pursuant to it, the person is subject to any action or penalty under law, including administrative penalties, cease and desist orders, injunctive relief, and license denial. Penalties include a fine of up to $5,000 per day for each violation. Each day of a continuing violation is a separate violation. | ||||||||||||||||||
50 | Utah | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | |||||||||||||||||
51 | Vermont | Vt. Stat. Ann. tit. 20, § 3583, 3681 - 3682 and 2-4 Vt. Code R. §§ 300 and 308 | Yes | No | The owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes may take out annually, on or before April 1, a special license for the domestic pets or wolf-hybrids. 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 to be issued on forms prescribed by the Secretary and pay the clerk a fee of $25.00 for the same. A pet dealer who acquires a pet dealer permit shall allow inspections of the pet dealer's premises pursuant to section 3682 of this title as a condition of receiving and retaining the permit. (Vt. Stat. Ann. tit. 20, § 3681) “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. (Vt. Stat. Ann. tit. 20, § 3541) Regulations contain definition of “pet dealer” that differs slightly from the statutory one: Pet Dealer- means any person, firm, partnership or corporation, or a representative or agent, who engages in the sale of more than one litter of animals per year or two or more animals over six months of age to consumers for monetary consideration. Breeders of animals who sell animals to the public are included in this definition; except that duly incorporated humane societies or animal shelters which make animals available for adoption are exempt. Pet Dealers licensed under the Animal Welfare Act are included in this definition. (2-4 Vt. Code R. § 308) | N/A | No The pet dealer's premises may be inspected upon the issuance of the pet dealer permit or at any time the pet dealer permit is in effect. [Statute] shall not create an obligation on the part of any municipal legislative body to conduct inspections. | Agency of Agriculture, Food and Markets, Division of Food Safety and Consumer Protection | Housing facilities structurally sound and safe; reliable and adequate electric power and water; food and bedding stored to avoid infestation; waste disposal. Indoor facilities to have adequate heating, ventilation, lighting that is not excessive for animals but is sufficient for inspections, surfaces impervious to moisture, adequate drainage. Outdoor facilities to be structurally sound and constructed of suitable, durable material; enclosed with sides, a roof, and a ground or floor surfance that enables the dog to stay clean and dry; have an entrance or portal large enough to allow each dog unimpeded access to the structure, and the entrance or portal shall be contructed with a windbreak or rainbreak; and adequate protection from cold and heat, including protection from direct says of sun, wind, rain, or snow. Primary enclosures to be structurally sound and safe, dogs able to remain dry and clean, with easy access to food and water, floors constructed to prevent dogs’ feet from injury, sufficient space. Sanitation, housekeeping, pest control, compatible housing, adequate nutritious food and water, and adequate veterinary care. | A person who (1) fails to remedy conditions specified in a quarantine order, other than the prevalence of contagious disease, within 10 days after receiving notice of such order, or (2) sells, gives away, or otherwise removes a domestic pet or wolf-hybrid under quarantine or affected with a contagious disease, is subject to imprisonment of up to one year, a fine of up to $2,000, or both. Second and subsequent convictions are punishable by imprisonment of up to two years, a fine of up to $5,000, or both. | |||||||||||||||||
52 | Virginia | Va. Code Ann. § 3.2-6500 – 3.2-6507.3 | Yes Commercial dog breeders must obtain local business license | Yes Maximum of 50 dogs over age of one year for breeding purposes However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing. | Commercial dog breeder means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. “Dealer” means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person whose primary purpose is to find permanent adoptive homes for companion animals. Va. Code Ann. § 3.2-6500 (West) | N/A | No The State Veterinarian and each State Veterinarian's representative shall have the power to conduct inspections of public and private animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, or the business premises of any dealer, exhibitor or groomer, at any reasonable time, for the purposes of determining if a violation of: (i) this chapter; (ii) any other state law governing the care, control or protection of animals; or (iii) any other state law governing property rights in animals has occurred. Va. Code Ann. § 3.2-6502 The State Veterinarian and each State Veterinarian's representative shall have the power to conduct inspections at any reasonable time. Also, the Commissioner, the State Veterinarian or his assistant, any animal control officer, and any public health or safety official employed by the locality where a commercial dog breeder resides or maintains breeding operations may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include inspection of any place where animals are bred or maintained. | State Veterinarian for the Department of Agriculture and Consumer Services; Board of Agriculture and Consumer Services | Adequate food and water, 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 and treatment, and veterinary care when needed or to prevent suffering or disease transmission. Must provide solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals' feet to pass through the openings; (ii) sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. | Any commercial dog breeder violating any provision of the law is guilty of a class 1 misdemeanor | |||||||||||||||||
53 | Washington | Wash. Rev. Code Ann. § 16.52.310 | No | Yes A person may not own, possess, or have charge of more than 50 breeding dogs over the age of six months at one time. However, this does not apply to a commercial dog breeder licensed, before January 1, 2010, by the USDA. | Welfare standards in place for anyone with more than 10 dogs with intact sexual organs who are kept in an enclosure for the majority of the day. Standards do not apply to retail pet stores. (16.52.310) | N/A | No | N/A | Enclosure must provide enough space for dog to turn about freely; minimum one hour of exercise each day for dogs over four months old; sanitary housing facilities and primary enclosures, sufficient ventilation, sufficient light to observe dogs at any time of night; housing must provide shelter from extreme weather, and provide sufficient shade for all dogs at one time; floors of primary enclosures must protect the dogs' feet and legs from injury, daily waste removal; compatible housing, easy access to clean food and water; veterinary care without delay when necessary; stacking of cages prohibited. | A person who keeps more than 50 dogs or who violates the standards of care is guilty of a gross misdemeanor | |||||||||||||||||
54 | West Virginia | West Virginia W. Va. Code Ann. § 19-20-26. (penalty§19-20-6.) | Yes, annual permit and business registration certificate required; also, cannot breed a female until annual certification obtained from veterinarian that the female is in suitable health for breeding. | No | “Commercial dog breeder” means any person who maintains eleven or more unsterilized dogs over the age of one year for the exclusive purpose of actively breeding, and is engaged in the business of breeding dogs as household pets for direct or indirect sale or for exchange in return for consideration. “Class I Commercial Dog Breeder” means a commercial dog breeder that possesses eleven to thirty unsterilized dogs over the age of one year at any one time for the exclusive purpose of actively breeding. “Class II Commercial Dog Breeder” means a commercial dog breeder that possesses more than thirty unsterilized dogs over the age of one year at any time. | N/A | Unclear The language is unclear as to whether commercial dog breeders must submit to any inspections animal control or law enforcement might initiate, or if animal control or law enforcement shall inspect and breeders shall submit to such inspections: “To ensure compliance with state animal care laws and regulations, commercial dog breeding locations are subject to biannual inspections by animal control officers or law-enforcement officers.” W. Va. Code Ann. § 19-20-26 | County commission where operation is located | Easy and convenient access to adequate amounts of clean food and water; veterinary care without delay when necessary; housing facilities and primary enclosures must be kept in a sanitary condition and in good repair; must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels and to prevent moisture condensation; adequate lighting; housing facilities and primary enclosures must enable all dogs to remain dry and clean; must provide shelter and protection from extreme temperatures and weather conditions, and sufficient shade to simultaneously shelter all of the dogs housed. A primary enclosure must have solid floors that are constructed in a manner that protects the dogs' feet and legs from injury; primary enclosures must be placed no higher than 42" above the floor and may not be placed over or stacked on top of another cage or primary enclosure. Feces, hair, dirt, debris and food waste must be removed from primary enclosures and housing facilities at least daily, more often if necessary; all dogs in the same enclosure at the same time must be compatible, as determined by observation. | The county commission of each county may provide in any such ordinance that any person who violates the provisions of the ordinance is guilty of a misdemeanor, and, upon conviction thereof, that such person is subject to a fine or fines. The amount of such fine for a single violation of any such ordinance may not exceed one hundred dollars. Magistrate courts and circuit courts shall have concurrent jurisdiction with respect to such misdemeanors. | |||||||||||||||||
55 | Wisconsin | Wisconsin W.S.A. 173.41 and WI ADC s ATCP 16.01 - 30 | Yes | No | Dog breeders must be licensed. “Dog breeder” means a person who in any license year sells at least 25 dogs, from more than 3 litters, which that person has bred and raised in this state. A person has bred and raised dogs for purposes of this paragraph if that person has owned the dogs from birth until sale, regardless of whether the person has contracted with an agent to raise the dogs on real estate owned or occupied by that agent. WI ADC s ATCP 16.01 | N/A | Yes Inspection required before license is issued and thereafter at least once every 2 years | Department of Agriculture, Trade and Consumer Protection | Food, water, veterinary care and grooming, lighting, temperature, ventilation, sanitation, daily exercise, compatible housing, daily positive human contact aside from feedings, dry and clean bedding, daily full-body physical contact with other compatible dogs, dog toys. Enclosures must be adequate size, structurally sound to avoid dog injury, kept clean. If wire flooring is used, it must be coated, of a sufficient gauge that it will not cause injury to the dog and will not sag, feet cannot pass through, limitations on stacking cages, must protect dogs in lower rows from excreta, urine, dirt from above. Dogs not to be kept in enclosures for a period that is "excessive." Dogs kept outdoors must be acclimated to weather, adequate shelter from sun and inclement weather, must have adequate space, and a windbreak. | A person who violates the standards of care or other non-licensing issues is subject to a fine of up to $1,000 for a first offense and between $200 to $2,000 for a second or subsequent offense within a five-year time period. Each animal is a separate violation.A person who operates a breeding facility without a license is subject to a fine of up to $10,000, nine months imprisonment, or both. | |||||||||||||||||
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