Articles

Navigation

Full Site Search

Loading...

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

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |

Table of State Commercial Pet Breeders Laws



Rebecca F. Wisch


Animal Legal & Historical Center
Publish Date:
updated 2014
Place of Publication: Michigan State University College of Law

Printable Version

This table covers state laws and administrative regulations affecting commercial dog breeders. Generally, though not always, a commercial dog breeder is defined as someone who breeds a large number of dogs (usually 20 or more) within a certain time frame (usually 12 months). This definition does not typically include a person who breeds a litter or two every year as a hobby (usually termed a "hobby breeder"). Provisions covering commercial breeders may take the form of a state law or an administrative regulation issued by the agency that has the responsibility for overseeing these activities. The administrative regulation is issued by a state agency—usually the state’s department of agriculture, board of commercial breeders, or animal health department—who is responsible for overseeing commercial breeding.  Failure to follow these state laws or regulations can often lead to revocation of a commercial breeder's license, civil fines, or even criminal penalties.

This table does NOT include laws affecting pet shops, animal rescue organizations, dog boarding kennels, or humane societies. In all, around 22 states have laws addressing commercial breeders. While the laws vary, they generally require a person who meets the definition of a commercial breeder to obtain a license, pay a fee (which often varies depending on how many dogs the person breeds), have his or her breeding facilities inspected, and maintain certain minimum standards of care. These standards of care usually address adequate food and water, regular exercise, veterinary care, natural or artificial light during daylight hours, adequate space in living quarters, protection from the elements and extreme temperatures, and even adequate resting time between breeding cycles. A few state laws (namely Louisiana, Oregon, Washington, and Virginia) limit the maximum number of dogs a breeder is allowed to possess at one time to 50, or in the case of Louisiana, 75.

The table below attempts to compare commercial breeding laws by category. An effort has been made to describe both laws and regulations for each state. While this table is aimed at giving readers an informational perspective of state dog breeding laws, specific questions concerning compliance and violation of these laws should be directed to licensed attorneys in each state.

State Citation and name of act Definition of commercial breeder and licensing requirements Maximum number of dogs allowed Standards of care required Inspection provisions Penalties
Alabama
Alaska
Arizona
Arkansas
California

CA HLTH & S §§ 122045 - 122110, West's Ann. Cal. Health & Safety Code § 122045 - 122315

Polanco-Lockyer Pet Breeder Warranty Act

As used in this article, "dog breeder," or "breeder" means 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. Not listed

Per § 122065, law requires:

  • sanitary conditions
  • adequate nutrition and potable water
  • "adequate space" appropriate to the age, size, weight, and breed of dog
  • rest board, floormat, or similar device that can be maintained in a sanitary condition
  • adequate socialization (defined as physical contact with other dogs and with human beings) and exercise
  • veterinary care without delay when necessary
  • staff washing hands before and after handling each infectious or contagious dog

It shall be unlawful for a breeder to primarily house a dog on wire flooring.

Not listed

 

Any person violating any provision of this article other than Section 122060 shall be subject to civil penalty of up to one thousand dollars ($1,000) per violation (§ 122110).
Colorado

CO ST § 35-80-101 - 117, C. R. S. A. § 35-80-101 - 117

Pet Animal Care and Facilities Act (1994)

8 CO ADC 1201-11 - 25

Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act

“Dog breeder” means any firm, person, or corporation which is engaged in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring same, excluding racing greyhounds that are not intended to be companion pets.

"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. “Pet animal facility” also includes any individual animals kept by such a facility as breeding stock, such licensing of individual breeding stock to be inclusive in the pet animal facility license.

Not listed

Dog Breeder Facility Regulations (8 CO ADC 1201-11:12.00):

  • facility standards (structural, electrical service required, potable water, wastewater removal system, protection from escape etc.)
  • animal enclosure standards (enclosures for dogs may have wire flooring provided if conditions are met), tethering provisions, heating, cooling, ventilation, lighting, isolation areas, protection from the elements with outdoor housing, specific spatial requirements for primary enclosures depending on size of dog, nursery and exercise areas)
  • care and handling of pet animals (food, water, separation of animals, sanitation, observation, grooming, and identification)
  • transportation (temporary enclosures, vehicle enclosures, protection from the elements, and sanitation)
  • sanitation generally (cleaning of animal enclosures, sanitation of runs and exercise areas, waste disposal, pets control, etc.)
  • maintenance of records and reports
  • sale and transfer issues (i.e., unlawful to sell, transfer or adopt dogs under the age of 8 weeks)

 

Per law, 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 (§ 35-80-110).

Per regulations, all facilities licensed under PACFA may be inspected upon application, routinely thereafter, and upon a complaint to the Commissioner or the Department about a particular facility. All licensees or applicants for licensure or license renewal must make their respective facilities, animals, and records available for inspection during business hours or at other times mutually agreeable, in writing, to the Commissioner (8 CO ADC 1201-11:10.00).

Where commissioner has reasonable cause, can issue cease and desist order.

If person fails to comply with a cease and desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and for injunctive relief.

Commissioner may also apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order issued under this article (§ 35-80-111).

The commissioner may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee (§ 35-80-112).

In addition to those grounds set forth in § 35-80-112 of PACFA, the Commissioner may issue letters of admonition, deny, suspend, refuse to renew, restrict, or revoke any license for such things as falsification of license information, violation of law or rule, conviction for animal cruelty-related offense, or failure on three (3) reinspections for an original violation within a single license year (8 CO ADC 1201-11:9.00).

Connecticut

CT ST § 22-342, 344, C.G.S.A. § 22-342, 344

CT ADC § 22-344-1 - 15

Any owner or keeper of a kennel who breeds more than two litters of dogs annually shall apply to the town clerk in the town in which such kennel is located for a kennel license Not listed

Per regulations (CT ADC § 22-344-1 - 15):

  • facilities for housing dogs structurally sound and maintained in good repair
  • kennel floors and removable rest boards, if provided, constructed of non-toxic, easily cleaned, water impervious materials; walls and ceilings shall be painted and kept clean
  • inside and outside runs constructed to meet listed weight requirements for dogs
  • lighting by either natural or artificial means shall provide a minimum of thirty candle power for at least eight hours per day except where contraindicated for health reasons
  • hot and cold water facilities shall be provided
  • kennel space ventilated in such a manner as will provide fresh air at all times
  • kennel temperature maintained at a reasonable and suitable level to promote the health and comfort of the type of dog or dogs housed
  • environmental sanitation to keep vermin at a minimum
  • isolation facilities for dogs under quarantine or treatment for communicable diseases
  • segregation of puppy litters
  • dogs confined in cages shall be caged individually except where otherwise indicated for health or welfare reasons
  • each cage shall be large enough for the dog or dogs housed therein to turn about freely, to stand erect and to lie down in a natural position
  • shelter from inclement weather that keeps dogs clean, warm, and dry
  • clean and fresh water and sufficient and wholesome food, food and water containers shall be kept clean and sanitized

The commissioner, 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).

The commissioner may, at any time, inspect or cause to be inspected by the commissioner's agents any such commercial kennel, pet shop, grooming facility or training facility, and if, (1) in the commissioner's judgment such kennel, pet shop, grooming facility or training facility is not being maintained in a sanitary and humane manner or in a manner that protects the public safety (§ 22-342).

Any person maintaining a kennel after such license has been revoked or suspended as herein provided shall be fined not more than one thousand dollars or imprisoned not more than one year or both (§ 22-342).

Any owner or keeper of a kennel who breeds more than two litters of dogs annually and fails to apply for a kennel license as required or fails to allow an inspection of such facility as required shall be fined not more than one thousand dollars or imprisoned not more than one year or both (§ 22-342).

Delaware
D.C.
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana

IN ST 15-21-1-1 - 7, I.C. 15-21-1-1 - 7

345 IN ADC 14-1-1 - 4 (breeder registration requirements)

“Commercial dog breeder” means a person who maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age. Not listed Per law (15-21-4-1), a commercial dog breeder shall comply with the standards of care set forth in 9 CFR 3.1 to 3.12.

(b) A commercial dog breeder:

(1) may not house a dog in a cage containing a wire floor unless the cage contains an accommodation that allows the dog to be off the wire floor;

(2) who houses a dog in a wire cage shall house the dog in a cage that is large enough to allow for reasonable movement by the dog; and

(3) shall, subject to subsection (c), provide every dog with a reasonable opportunity for exercise outside of a cage at least one (1) time per day.

(c) A commercial dog breeder who permits a dog access to a run at least one (1) time per day has satisfied the exercise requirement described in subsection (b)(3). However, a commercial dog breeder is not required to provide a dog with the opportunity for exercise if exercise would endanger the dog's life or health.

Not listed

Knowingly or intentionally failing to register with the board as a commercial dog breeder commits a Class A misdemeanor. Breeder is liable to the state for two (2) times the amount of registration fees that the commercial dog breeder or commercial dog broker failed to pay (15-21-3-1).

Note that per law (15-21-7-1), the board may enforce this article when the board determines that sufficient funds have been deposited in the commercial dog breeder and broker fund to permit enforcement (but board can still assist law enforcement in criminal investigation).

Board can then:

  • seek injunctive relief
  • issue an order of compliance notifying the commercial dog breeder or commercial dog broker of a violation and requiring corrective action by a certain date
  • impose a civil penalty of not more than five hundred dollars ($500) for a knowing violation; one thousand dollars ($1,000) for an intentional violation; and five thousand dollars ($5,000) for knowingly or intentionally violating an injunction
  • seek an injunction to prohibit a commercial dog breeder from registering with the board for not more than three (3) years
Iowa

IA ST § 162.1 - 25, I. C. A. § 162.1 - 25

IA ADC 21-67.1(162) - 13 (animal welfare regulations)

“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. Not listed Statute (162.10A)states that a commercial establishment shall provide for a standard of care that ensures that an animal in its possession or under its control is not lacking any of the following:

(1) Adequate feed, adequate water, housing facilities, sanitary control, or grooming practices, if such lack causes adverse health or suffering.

(2) Veterinary care.

Regulations provide specific standards for:

  • housing facilities (21-67.2(162))
  • primary enclosures (21-67.2(162))
  • in-home kennels (an individual required to be licensed as a boarding kennel or as a commercial breeder who maintains or harbors not more than six adult animals (including both breeding animals and surgically sterilized animals) in the individual's living quarters) (21-67.2(162) see 67.2(3))
  • feeding and watering (21-67.3(162) 67.3(1))
  • sanitation (21-67.3(162) see 67.3(2))
  • veterinary care (21-67.3(162) 67.3(3))
  • personnel in the facilities (21-67.3(162) 67.3(4))
  • transportation of animals (21-67.4(162))
  • records (21-67.5(162))

A commercial establishment fails to provide for a standard of care if the commercial establishment commits abuse as described in section 717B.2, neglect as described in section 717B.3, or torture as provided in section 717B.3A.

162.10C provides that 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. If the owner or person in charge of the commercial establishment refuses admittance, the department may obtain an administrative search warrant.

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.

1. Disciplinary action - authorization (license) revocation, complete a continuing education program as a condition for retaining an authorization (3 to 8 hours of instruction) (162.10C).

2. Denial or revocation of license - if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate under this chapter or if the feeding, watering, cleaning, and housing practices are not in compliance with this chapter (162.12).

3. Civil penalties - a commercial establishment that operates pursuant to an authorization issued or renewed under this chapter is subject to a civil penalty of not more than five hundred (500) dollars, regardless of the number of animals possessed or controlled by the commercial establishment, for violating this chapter. The departmental official who makes a determination that a violation exists shall provide a corrective plan to the commercial establishment describing how the violation will be corrected within a compliance period of not more than fifteen days (15) from the date of approval by the official of the corrective plan (162.12A).

4. Criminal Penalties - operating a commercial establishment without authorization is a simple misdemeanor. The failure of a person who owns or operates a commercial establishment to meet the standard of care is a simple misdemeanor (162.13).

Kansas

KS ST 47-1701 - 1737, K. S. A. § 47-1701 - 1737

Pet Animal Act

KS ADC 9-18-1 - 3 (regulations for fee schedule for animal breeder licenses)

KS ADC 9-25-1 - 15 (Article 25. Retail Breeders Facility Standards)

“Animal breeder” means any person who operates animal breeder premises.

“Animal breeder premises” means any premises where all or part of 6 or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another.

It shall be unlawful for any person to act as or be an animal breeder unless such person has obtained from the commissioner an animal breeder license for each animal breeder premises operated by such person.

Not listed

Under the law (47-1706), the failure to provide the following can result in license revocation, suspension, or refusal to issue a license:

  • the housing facility or the primary enclosure is inadequate; or
  • the feeding, watering, sanitizing and housing practices at the licensee's or permittee's premises are not consistent with the Kansas pet animal act or the rules and regulations adopted hereunder.

In the definition section (47-1701):

“Adequate feeding” means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition in each animal.

“Adequate watering” means a supply of clean, fresh, potable water, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species, not to exceed intervals of 12 hours.

“Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health, at such intervals as necessary.

“Adequate veterinary medical care” means a documented program of disease control and prevention, euthanasia and routine veterinary care established and maintained under the supervision of a licensed veterinarian. It shall include a documented on-site visit to the premises by the veterinarian at least once a year; diseased, ill, injured, lame or blind animals shall be provided with veterinary care as is needed for the health and well-being of the animal.

Regulations provide standards for:

  • housing facility (any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals) (9-25-1)
  • indoor housing facility (any structure or building with environmental controls that houses or is intended to house animals) (9-25-2)
  • sheltered housing facility (runs or pens which are totally enclosed in a barn or building, or outside runs or pens connecting with the inside pens in a totally enclosed building) (9-25-3)
  • outdoor housing facility (9-25-4)
  • primary enclosures (space; resting area; protection from weather, excess heat or cold; access to food and water) (9-25-5)
  • sanitation, cleaning, and pest control (9-25-6)
  • compatible grouping (9-25-7)
  • exercise (9-25-8)
  • feeding (9-25-9)
  • watering (9-25-10)
  • employees (supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others) (9-25-11)
  • adequate medical veterinary care (9-25-15)
  • records of animals (9-25-14)
  • access to and inspection of records and property by livestock commissioner (9-25-14)

The commissioner or the commissioner's authorized, trained representatives shall make an inspection of the premises for which an application for an original license or permit is made (47-1709).

May make an inspection at least twice a year (47-1709).

Shall make an inspection upon a determination by the commissioner that there are reasonable grounds to believe that the person is violating the provisions of K.S.A 47-1701 et seq., rules, and regulations, or that there are grounds for suspension or revocation of such person's license or permit (47-1709).

 

1. Injunction (47-1727)

2. Criminal penalty (47-1715): any violation of or failure to comply with any provision of the Kansas pet animal act, or any rule and regulation adopted hereunder, shall constitute a class A nonperson misdemeanor.

3. Civil penalty (47-1707): upon a finding that a person has violated or failed to comply with any provision, may impose on such person a civil fine not exceeding $1,000 for each violation or requirement to attend an educational course regarding animals and their care and treatment. If the commissioner imposes the educational course, such person may choose either the fine or the educational course. If such person chooses the fine, the commissioner shall establish the amount pursuant to the fine provisions of this section.

3. Licensing (47-1736): unlawful for any person to act as or be a retail breeder unless such person has obtained from the commissioner a retail breeder license for each retail breeder premises operated by such person

Also unlawful for any person to knowingly purchase a dog or a cat for the purpose of resale to another from a person required to be licensed or permitted under public law 91-579, 7 U.S.C. 2131 et seq., or K.S.A. 47-1701 et seq., if that person is not so licensed or permitted.

Kentucky
Louisiana LA R.S. 2772; LSA-R.S.2772 The term "breeder" is not defined in the law. However, the law states that any individual or business with five or more dogs who breeds and sells dogs retail, wholesale, or to the public is required to procure a kennel license and pay a kennel license fee. The fees range from a set minimum of $15 for up to five dogs to $30 if more than ten dogs. No individual or business that breeds, buys, or sells dogs retail, wholesale, or to the public shall maintain more than seventy-five (75) dogs over the age of one year at any time for breeding purposes. Not listed Not 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 ($500) or imprisoned for not more than six months, or both.
Maine

7 M.R.S.A. § 3931-A, ME ST T.7 § 3931-A

01-001 CMR Ch. 701, § I - IV (rules governing animal welfare)

Breeding kennel defined in § 3907 as 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.

Per § 3931-A:

  • A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel.
  • A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel.
  • A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel.

For purposes of animal welfare regulations, 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.

Not listed

Regulations (01-001 CMR Ch. 701, § I) state that all pet shops, shelters, kennels and boarding kennels shall be comprised of a primary structure that is in good repair and structurally sound. All primary structures shall have available running water, heat, and electricity.

Regulations provide general standards for:

  • temperature control of both inside and outside structures
  • sanitation
  • food
  • disease control
  • noise
  • ventilation
  • lighting

Specific standards for kennels and boarding kennels (01-001 CMR Ch. 701, § II):

  • housing facilities shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal
  • 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/pens over other animals unless the enclosure is properly constructed to prevent excreta from entering the lower enclosure
  • females shall not be housed with males unless requested by owners/keepers
  • females with litters shall be housed in an area that would minimize disruption
  • areas housing puppies from birth to two (2) weeks old must be kept at a high enough ambient temperature to maintain their normal internal temperature
  • 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

Also specific provisions for outside dog houses and tethering of dogs (01-001 CMR Ch. 701, § II).

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 a breeding kennel and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. Also, the department may revoke or suspend a breeding kennel license if a person maintaining the breeding kennel violates any quarantine or maintains animals contrary to the rules adopted by the department ( § 3936).

Law states that a person maintaining a breeding kennel without having obtained a license, or after a license has been revoked or suspended, commits a civil violation for which a forfeiture of not less than $50 nor more than $200 a day may be adjudged (§ 3938).

Regulations state that Animal Welfare shall, upon written complaint by any person alleging violation of these Rules, or upon its own motion if it has reason to believe such a violation exists, cause an investigation to be made. If a violation is found to exist, Animal Welfare or the Attorney General may file a complaint with the Administrative Court for revocation or suspension of the license (01-001 CMR Ch. 701, § I(P)).

Regulations provide for civil violation: any pet Shop, kennel or boarding kennel which violates Chapter 723 of Title 7 of the Maine Revised Statutes Annotated, or these Rules, commits a civil violation for which a forfeiture of not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars a day maybe adjudged (01-001 CMR Ch. 701, § III).

Maryland MD CRIM LAW § 10-616

A person who is engaged in the business of buying, selling, trading, or breeding dogs; or of a kennel where 25 or more dogs are kept.

Not listed

Not listed

Authority to inspect to determine if dogs are being treated inhumanely in violation of this subtitle or other law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises

Chapter requires that dogs are being treated humanely.

Massachusetts MA ST 140 § 136, 137A, M.G.L.A. 140 § 136, 137A

Per § 136A: "kennel", one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.

Every person maintaining a kennel shall have a kennel license.

Not listed

Per § 137C, a kennel must be maintained in a sanitary and humane manner.

The mayor of a city or selectmen of a town, or in Boston the police commissioner, or a chief of police or a dog officer within his jurisdiction, may at any time inspect or cause to be inspected any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the county commissioners, or in Boston the police commissioner, shall by order revoke or suspend, and in case of suspension may reinstate, such license (§ 137C).

Every person maintaining a kennel shall have a kennel license. Any person maintaining a kennel after license is revoked or suspended shall be fined not more than $50 (§ 137A).

Michigan
Minnesota
Mississippi
Missouri

MO ST 273.345, V. A. M. S. 273.345

Canine cruelty prevention act

2 MO ADC 30-9.010 - 9.030 (Animal Care Facilities regulations)

 

Any person having custody or ownership of more than ten female covered dogs for the purpose of breeding those animals and selling any offspring for use as a pet.

Regulations define a "commercial breeder" as 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 (3) intact females for the primary purpose of breeding animals for sale. Persons engaged in breeding dogs and cats who harbor three (3) or less intact females shall be exempt from the license requirement

Note that the provision of the law that limited the number of dogs that any person could have for breeding purposes to 50 was deleted in the 2011 amendments to the law.

The law (273.345) provides standards for:
 
(1) Sufficient food and clean water;
(2) Necessary veterinary care;
(3) Sufficient housing, including protection from the elements;
(4) Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs;
(5) Regular exercise; and
(6) Adequate rest between breeding cycles.
 
Additional standards are provided in 2 CSR 30-9.030 for:
  • housing facilities
  • indoor housing facilities
  • sheltered housing facilities
  • outdoor housing facilities
  • primary enclosures (note that any construction after April 2011 is not allowed to have wire strand or bare metal flooring)
  • space and compatibility (note that the regulations provide mathematical equations for calculation of space based on number of dogs)
  • exercise
  • feeding and watering
  • sanitation, cleaning, and pest control
  • transportation standards
Homes used as an animal housing facility must be the homes normally occupied by the human inhabitant responsible for caring for the animal(s) and must be adequate and suitable for reasonable prudent humans to live in without health or injury risks above those expected in a well managed home.

A license shall be issued only upon inspection by the state veterinarian, his designee, or an animal welfare official

The state veterinarian shall have the duty and authority to inspect all facilities licensed under sections 273.325 to 273.357. Inspections shall be conducted a minimum of once a year, or upon a complaint to the department regarding a particular facility.  (273.331).

Whenever the state veterinarian or a state animal welfare official finds past violations of sections 273.325 to 273.357 have occurred and have not been corrected or addressed, including operating without a valid license under section 273.327, the director may request the attorney general or the county prosecuting attorney or circuit attorney to bring an action 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 and, in addition, the court may assess a civil penalty in an amount not to exceed one thousand dollars for (1,000) each violation. Each violation shall constitute a separate offense (273.347(1)).

A person commits the crime of canine cruelty if such person repeatedly violates sections 273.325 to 273.357 so as to pose a substantial risk to the health and welfare of animals in such person's custody, or knowingly violates an agreed-to remedial order involving the safety and welfare of animals under this section. The crime of 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 such violation is a class A misdemeanor (273.347(2))..

Any person required to have a license under sections 273.325 to 273.357 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 (273.349).

Montana
Nebraska

NE ST § 54-625 - 643, Neb. Rev. St. § 54-625 - 643

Commercial Dog and Cat Operator Inspection Act

23 NE ADC Ch. 18, § 001 - 015

Commercial Dog and Cat Operator Inspection Regulations

Commercial breeder means any one of the following:

  • A person who sells, exchanges, leases, or in any way transfers 31 or more dogs or cats in a 12 month period;
  • A person engaged in the business of breeding dogs or cats who owns or harbors 4 or more dogs or cats, intended for breeding, in a 12 month period;
  • A person whose dogs or cats produce a total of 4 or more litters within a 12-month period; or
  • A person who knowingly sells, exchanges, or leases dogs or cats for later retail sale or brokered trading
Not listed

A commercial breeder shall:

(1) Maintain housing facilities and primary enclosures in a sanitary condition;
(2) Enable all dogs and cats to remain dry and clean;
(3) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats;
(4) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;
(5) Provide dogs and cats with easy and convenient access to adequate amounts of clean food and water;
(6) Provide adequate space appropriate to the age, size, weight, and breed of dog or cat (as described in the law);
(7) Provide dogs with adequate socialization and exercise (as described in the law);
(8) Assure that a handler's hands are washed before and after handling each infectious or contagious dog or cat;
(9) Maintain a written veterinary care plan developed in conjunction with an attending veterinarian; and
(10) Provide veterinary care without delay when necessary (§ 54-640).

 

The department shall inspect all licensees at least once in a 24-month period to determine whether the licensee is in compliance (§ 54-628).

The department may issue a stop-movement order if the department has reasonable cause to believe that there exists noncompliance (§ 54-631).

 

The department may 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  (§ 54-633).

 

The department may impose an administrative fine of not more than $5000 for any violation of the act or the rules (§ 54-633).

 

Operation without a license is a Class I misdemeanor (§ 54-634).

Nevada NV ST 574.210 - 510, NRS 574.210 - 510 “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. Not listed

A breeder shall not:

1. Sell a dog or cat:

(a) Unless the dog or cat has had:

(1) A registered microchip subcutaneously inserted into the dog or cat; and

(2) All the required vaccinations for rabies which are appropriate based upon the age of the dog or cat; or

(b) Without providing a written sales contract to the purchaser; or

2. Breed a female dog:

(a) Before she is 18 months old; or

(b) More than once a year.

Note that sections 574.360 - 440 establish standards of care for "operators" (defined as 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). The term "breeder" was added to this chapter of laws in 2011. The provisions on standards of care for operators were not amended to add the term breeder, so it is assumed that those provisions do not cover breeders.

Per 574.353, the board of county commissioners of each county or city council of a city (if not limited by an interlocal agreement) shall adopt an ordinance requiring each breeder in an unincorporated area of the county/city to obtain an annual permit to act as a breeder.

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.

Under 574.353, an ordinance adopted pursuant to subsection 1 or 2 may provide for the suspension, revocation or denial of a permit for a violation of the provisions of NRS 574.360 to 574.440, inclusive, as those provisions apply to breeders.
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio

Chapter 956, "Dog Breeding Kennels; Dog Retailers"

R.C. § 956.01 - 18

Applies to "high volume breeder," meaning 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 (956.01). Not listed (the licensing scheme provides a fee for fifty or more adult dogs, so it is assumed there is no limit so long as care standards are met, 956.07) The chapter states that the director of agriculture shall adopt rules concerning:
  • Housing;
  • Nutrition;
  • Exercise;
  • Grooming;
  • Biosecurity and disease control;
  • Waste management;
  • Whelping;
  • Any other general standards of care for dogs.

In adopting rules, the director shall consider the following factors:

  • Best management practices for the care and well-being of dogs;
  • Biosecurity;
  • The prevention of disease;
  • Morbidity and mortality data;
  • Generally accepted veterinary medical standards and ethical standards established by the American veterinary medical association;
  • Standards established by the United States department of agriculture under the federal animal welfare act as defined in section 959.131 of the Revised Code.

 

For high volume breeder license applicants:

Not required. The applicant submits photographic evidence documenting the facilities where dogs will be kept, housed, and maintained by the applicant. The director may conduct an inspection of the facilities that are the subject of an application in addition to reviewing photographic evidence submitted by an applicant for a license (956.04).

For licensees:

At least once annually, the director of agriculture or the director's authorized representative shall inspect a high volume breeder that is subject to licensure under this chapter and rules to ensure compliance with this chapter and rules adopted under it, including the standards of care established in rules (956.10).

Inspections may also be conducted:

  • upon receiving a complaint;
  • or by the director or the director's authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, at reasonable times to inspect or investigate and to examine or copy records in order to determine compliance with this chapter and rules adopted under it.

If the director determines a law or rule has been violated, he or she may issue (certified mail or personal service) a citation of violation and an order requiring the person to cease the acts or practices that constitute a violation, or requiring the person to take corrective actions to eliminate the conditions (956.12).

If after receiving this notice the person fails to follow the director's order, the director may assess a civil penalty. However, this occurs after notice of the violation, the time for corrective action has elapsed, and the director affords the person an opportunity for an adjudication hearing (956.13).

Unless the violation relates to operating without a license, the civil penalty fee is one hundred dollars per violation (956.13).

The attorney general, upon the request of the director of agriculture, may bring an action for injunction against a person who has violated or is violating this chapter (956.14).

The license may also be denied or revoked for violations (956.15).

 

Oklahoma

OK ST T. 59 § 5001 - 5029

Commercial Pet Breeders Act (2010)

OK ADC 532:1-1-1- 532:15-7-6

Board of Commercial Pet Breeders

“Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses eleven (11) or more adult intact female animals for the use of breeding for dealing in animals for direct or indirect sale or for exchange in return for consideration Not listed

The Board of Commercial Pet Breeders, by rule, shall establish minimum standards for the proper care, including veterinary care, treatment, feeding and watering, shelter and confinement, grooming, exercise, socialization, transportation, and disposition of dogs and cats by a commercial pet breeder to ensure the overall health, safety, well-being and humane environment for each animal in the facility of the commercial breeder.

The standards adopted under this section must at a minimum meet USDA standards.

In adopting standards under the Commercial Pet Breeders Act, the Board of Commercial Pet Breeders shall consider relevant state, federal, and nationally recognized standards for animal health and welfare.

Per regulations (532:15-1-1), commercial pet breeders shall provide that level of care to pets, including 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, and adequate resting time between breeding cycles, that ensures the general health and well-being of all pets the commercial pet breeder owns.

Specific regulations related to:

The Board of Commercial Pet Breeders shall inspect a facility before an initial commercial pet breeder license is issued for that facility (§ 5014).

 

The Board of Commercial Pet Breeders, at least annually, shall arrange for the inspection of each facility of a licensed commercial breeder (§ 5012).

Per § 5026, violation of licensing or records provision is a misdemeanor with up to $500 fine.

 

Hindering or thwarting inspection is a misdemeanor with up to $1000 fine.

 

Also, § 5025 provides that a person is subject to the administrative penalties as provided in Section 5 of this act if the person violates the Commercial Pet Breeders Act or a rule adopted under the Commercial Pet Breeders Act.

Oregon OR ST 167.374, 376, O. R. S. § 167.374, 376

Any person

Standards of care for dog breeding only apply to a person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older

But excludes:

  • an animal control agency, humane society or animal shelter
  • a person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter
  • a veterinary facility
  • a person that is transporting dogs
  • a boarding kennel

 

A person may not possess, control or otherwise have charge of at the same time more than 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 (3) litters of dogs that are less than eight months of age.

In addition to minimum care standards from section 167.310 (animal cruelty definitional section that states owners must provide minimum care sufficient to preserve the health and well-being of an animal (food, water, shelter, and appropriate veterinary care):

  • provide each dog with sufficient space to turn about freely, stand and sit and to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog
  • provide each dog with an enclosure that: (1) has a solid floor without slats or gaps;  (2) is six inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position;  (3) if elevated above the floor of a room, is placed so that the floor of the enclosure is no more than 42 inches above the floor of the room; and is not stacked or otherwise placed above or below any other dog enclosure.
  • provide each dog that is more than four months of age with at least one hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise
  • remove waste and contaminants from the enclosure at least once each day
  • remove the dog from the enclosure when cleaning the enclosure of waste and contaminants
  • maintain required records (167.376)

Not listed

Class B misdemeanor (167.374).

However, a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation

Pennsylvania

PA ST 3 P.S. § 459-102, 206,  207, 211, and 218; 3 P.S. § 459-102, 206, 207, 211, and 218

Per § 459-102, a "commercial kennel" is 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.

No upper limit prohibited (but note that the commercial kennel license fee increases based on number of dogs maintained so anyone keeping 500 or more dogs must obtain a "Kennel Class C-VI" for $750 per year under section 206).

Per § 459-207, all kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.

Records for individuals dogs must be kept for two years.

Kennels under this subsection must develop and follow an appropriate plan to provide dogs with the opportunity for exercise. The plan shall be approved by a veterinarian.

Kennels must display kennel licenses.

Kennel Class C license holders have requirements for primary enclosures:

1. Primary enclosures must be designed and constructed so that they are structurally sound and must be kept in good repair.

2. Primary enclosures must meet the following requirements:

  • Have no sharp points or edges that could injure the dogs.
  • Be maintained in a manner to protect the dogs from injury.
  • The height of a primary enclosure that is not fully enclosed on the top shall be sufficient to prevent the dog from climbing over the walls.
  • Keep animals other than dogs from entering the enclosure.
  • Enable the dogs to remain dry and clean.
  • Provide shelter and protection from temperatures and weather conditions that may be uncomfortable or hazardous to any dog.
  • Provide sufficient space to shelter all the dogs housed in the primary enclosure at one time.
  • Provide potable water at all times, unless otherwise directed by a veterinarian in a writing that shall be kept in the kennel records.
  • Enable all surfaces in contact with the dogs to be readily cleaned and sanitized in accordance with paragraph (14) or be replaceable when worn or soiled.
  • Have floors that are constructed in a manner that protects the dogs' feet and legs from injury. The floor shall not permit the feet of a dog housed in the primary enclosure to pass through any opening.
  • Provide space to allow each dog to turn about freely and to stand, sit and lie in a normal position. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face or feet touching any side of the enclosure.
  • The interior height of a primary enclosure shall be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

All Kennel Class C license holders (commercial kennels) have specific requirements that mandate the following:

  • The kennel in which the primary enclosure is located shall establish a veterinarian-client-patient relationship.
  • Must provide a written program of veterinary care.
  • Sufficient heating, cooling, lighting, and ventilation of housing facilities.
  • 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 of the uppermost primary enclosure may not be more than four and one-half feet off the housing facility floor with provisions for device to collect urine and excreta.
  • All kennels shall be equipped with a smoke alarm and shall have a means of fire suppression, such as fire extinguishers or a sprinkler system on the premises.
  • Detailed sanitization processes for both primary enclosures and food and water receptacles.
  • Effective pest control program.

Additional requirements for Kennel Class C license holders that apply only to dogs over 12 weeks of age:

  • Primary enclosures must be designed and constructed so that they are structurally sound and must be kept in good repair.
  • Special space provisions for nursing dogs.
  • Compatibility requirements for dog groupings.
  • Primary enclosure standards (i.e., specific calculation for minimum space based on dog size; not stacked; and floors not made of metal strand).
  • Outdoor exercise requirements that detail size, compatibility groupings, etc.
  • Examination of each dog by a veterinarian at least once every six months.

Per § 459-218, state dog wardens and employees of the department shall inspect all licensed kennels within the Commonwealth at least twice per calendar year to enforce the provisions of this act and regulations promulgated by the department under this act.

State dog wardens and other employees of the department may apply for a search warrant for the purposes of inspecting or examining any kennel or for the purpose of removing any dog under section 207 or 211. The warrant shall be issued upon probable cause.

Per § 459-207, commercial kennels are subject to several possible penalties for violation of law.

1. Injunction

The secretary may file a suit in equity in the Commonwealth Court to enjoin the operation of any kennel that violates any of the provisions of this act.

2. Civil penalty

In addition to any other penalty, the secretary may assess a civil penalty against an unlicensed kennel of not less than $500 nor more than $1,000 for each day it operates in violation of this act. The penalty shall be premised on the gravity and willfulness of the violation, the potential harm to the health and safety of the animals and the public, previous violations and the economic benefit to the violator for failing to comply with this act.

3. Cease and desist order

The secretary may provide a written order to cease and desist operating to an owner who is operating a kennel without a license. 

To comply with cease and desist order, owner must:

  • cease and desist from operating the kennel
  • acquire no additional dogs
  • notify the department prior to euthanization of any dogs
  • permit State dog wardens to inspect the premises
  • divest of all dogs numbering over 25 within a reasonable time period but not to exceed 10 days

4. Administrative fine

Failure to take action or to meet the conditions imposed under this subsection, in addition to any other penalties allowed under this act, may result in imposition by the department of an administrative penalty of not less than $100 nor more than $500 per day for each violation. 

5. Criminal penalty

Any violation of this subsection shall constitute a misdemeanor of the third degree.

6. Revocation or refusal of kennel licenses as detailed in § 459-211.

Rhode Island
South Carolina
South Dakota
Tennessee

TN ST § 44-17-701 - 715, T. C. A. § 44-17-701 - 715

Commercial Breeder Act (2009)

TN ADC 1200-33-01-.01 - .09

Commercial Breeders Regulations

“Commercial breeder” means any person who possesses or maintains, under the person’s immediate control, twenty (20) or more unsterilized adult female dogs or cats in this state for the purpose of selling the offspring as companion animals.

Excludes those possessing companion animals for:

  • veterinary medicine
  • hunting
  • training
  • boarding or grooming

 

 

Not listed

Per TN ADC 1200-33-01-.08:

(1) Each licensee shall comply with 9 CFR §3.1 through 3.19, T.C.A. Title 44, Chapter 17, Part 7, the rules contained in this chapter and all other applicable federal or state laws or rules relative to the premises.

(2) Each licensee shall ensure that any act that constitutes the practice of veterinary medicine will be performed by an individual licensed as a veterinarian by the Board of Veterinary Medical Examiners.

(3) A licensee may allow the companion animal into the breeder's residence at the licensee's discretion as long as the licensee complies with the standards of care provided in this rule.

The commissioner or the commissioner's representative shall make or cause to be made such inspections or investigations of the premises and records as considered necessary.

Commercial breeder has 30 days from notice of violation to make correction.

If breeder fails to make correction, the commissioner may assess a civil penalty of fifty dollars ($50.00) up to one thousand dollars ($1,000) per violation (§ 44-17-708).

It is a violation of this part for any commercial breeder to advertise, sell or offer to sell any companion animal unless the commercial breeder has a valid license from the commissioner (§ 44-17-710). Commissioner may assess a civil penalty of fifty dollars ($50.00) up to one thousand dollars ($1,000) per violation of this section. Each day of continued violation constitutes a separate violation

Any person who possesses or maintains twenty (20) or more adult female dogs or cats in this state for the purpose of selling their offspring as companion animals, whether licensed pursuant to this part or unlicensed, who is in violation of this part or any rule promulgated pursuant to this part shall be required to reimburse any municipal, county or state government for any costs reasonably and necessarily incurred in transporting, treating, feeding, maintaining or otherwise caring for any dog or cat possessed or maintained in violation of this part (§ 44-17-714).

Texas V. T. C. A., Occupations Code § 802.001 - 251

“Dog or cat breeder” means 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.

V. T. C. A., Occupations Code § 802.002

Not listed

The standards adopted under this section must:

  • at a minimum, meet federal regulations;
  • provide each dog 12 weeks of age and older (unless excepted) with at least one hour of daily exercise;
  • require that an adequate period consistent with breed standards elapse between the breeding cycles;
  • provide basic grooming to each animal, including bathing and nail trimming;
  • meet requirements for primary enclosures;
  • prohibit the placement of a primary enclosure of an animal on top of the primary enclosure of another animal unless an impervious barrier is present;
  • prohibit the stacking of the primary enclosures of dogs above three vertical levels;
  • require at least one regular veterinary examination a year for a breeding animal;
  • require that a dog or cat breeder maintain a written health care management protocol;
  • ensure that necessary routine and preventive care is provided;
  • prohibit a person from euthanizing an adult animal or performing a surgical birth of an animal unless the person is a veterinarian;
  • require appropriate training for employees; and
  • prohibit a dog or cat breeder from selling, trading, or giving away an animal before the animal is eight weeks of age.

V. T. C. A., Occupations Code § 802.201

The department shall inspect each facility of a licensed breeder at least once in every 18-month period and at other times as necessary to ensure compliance with this chapter and rules adopted under this chapter.

V. T. C. A., Occupations Code § 802.062

On receipt of a complaint alleging a violation of this chapter or a rule adopted under this chapter, the department or a third-party inspector designated by the department shall investigate the alleged violation.

V. T. C. A., Occupations Code § 802.063

Except as provided, the department must inspect a facility before a license is issued for the facility.

V. T. C. A., Occupations Code § 802.103

If a person violates this chapter or a rule adopted under this chapter, the person is subject to any action or penalty under Subchapter F or G, Chapter 51.

V. T. C. A., Occupations Code § 802.251

Utah
Vermont VT ST T.20 §§ 3583; 3681 – 3684, 20 V.S.A. § 3583, 3681-3684

"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.

The owner or keeper of two or more domestic pets or wolf-hybrids four months of age or older kept for sale or for breeding purposes, except for his or her own use must apply for "kennel permit."

The Animal Welfare regulations apply per 2-4-300:1.1:

(a) Act. Refers to the provisions of T20 Chapter 197 “Welfare of Animals" and T20 Sections 3681, 3682 and 3683 as relating to provisions for the inspection of kennel premises.

Not listed

Under § 3583 ("Domestic pets and wolf-hybrids kept for breeding purposes"), the owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes must keep the domestic pets or wolf-hybrids within a proper enclosure. A proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping. A proper enclosure also provides humane shelter for the animal.

The regulations provide standards relating to:

Regulations also include transportation standards

 

Under Subchapter 3 - Kennels (VT ST T.20 § 3681 - 3684):

These premises may be inspected at any reasonable time by a law enforcement officer, a representative of the agency of agriculture, food and markets, or an officer or agent of an incorporated humane society and a veterinarian licensed to practice in Vermont, designated by such officer, agent or agency. [emphasis added]. 

Per § 3684, the person operating a kennel who is found to have neglected to remedy conditions specified in said quarantine order, other than the prevalence of contagious disease, within ten days after receiving notice of such order, or who sells, gives away or otherwise removes a domestic pet or wolf-hybrid under quarantine or affected with a contagious disease, shall be subject to the penalty provided in section 353(a)(1) of Title 13.
Virginia

VA ST § 3.2-6500, Va. Code Ann. §§ 3.2-6500 (definition of commercial breeder)

VA ST § 3.2-6507.1 to 6507.6, Va. Code Ann. § 3.2-6507.1 to 6507.6 (Article 2.1. Commercial Dog Breeding Operations)

“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. Maintain no more than 50 dogs over the age of one year at any time for breeding purposes. However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing.

"Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health (§ 3.2-6500).
 

Adequate care provisions are part of Article 2 on Animal Welfare (not part of 2.1 on Commercial Breeders), but apply to all owners of companion animals. Per § 3.2-6503, each owner shall provide for each of his or her companion animals:

    1. Adequate feed
    2. Adequate water
    3. Adequate shelter that is properly cleaned
    4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight
    5. Adequate exercise
    6. Adequate care, treatment, and transportation
    7. Veterinary care when needed or to prevent suffering or disease transmission.
Also, under Article 2.1 on Commercial Dog Breeding Operations, § 3.2-6507.2 requires that commercial breeders breed female dogs only:
(i) after annual certification by a licensed veterinarian that the dog is in suitable health for breeding;
(ii) after the dog has reached the age of 18 months; and
(iii) if the dog has not yet reached the age of 8 years

The State Veterinarian/ rep. shall have the power to conduct inspections of animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, pound, or the business premises of any dealer, exhibitor or groomer, at any reasonable time.

 

The Commissioner/rep. may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter.

Any commercial dog breeder violating any provision of this article is guilty of a Class 1 misdemeanor (§ 3.2-6507.5).

Washington WA ST 16.52.310, West's RCWA 16.52.310

Breeder not specifically defined, but law applies to a person who keeps 10 or more dogs with intact sexual organs over the age of 6 months in an enclosure for the majority of the day.

Does not apply to:

  • A publicly operated animal control facility or animal shelter
  • A private, charitable not-for-profit humane society or animal adoption organization
  • A veterinary facility
  • A retail pet store
  • A research institution
  • A boarding facility
  • A grooming facility

Limitation of keeping more than 50 dogs (subsection 1 of the law) does not apply to a commercial dog breeder licensed, before January 1, 2010, by the United States department of agriculture pursuant to the federal animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.).

A person may not own, possess, control, or otherwise have charge or custody of more than fifty dogs (50) with intact sexual organs over the age of six months at any time (except for individuals/entities excluded by law).
  • Must provide enough space for dog to turn around freely, stand, sit, and lie down
  • One hour of exercise each day (over 4 mo. old)
  • Adequate housing and primary enclosures (sanitary, ventilated, shelter from extreme weather, floors that protect the dogs' feet from injury, removal of feces and debris, etc.)
  • Compatible grouping of dogs
  • Easy and convenient access to adequate clean food and water
  • Veterinary care without delay when necessary

Not listed

A person who violates subsection (1) (keeping more than 50 dogs) or (2) (standards of care) is guilty of a gross misdemeanor.
West Virginia

Commercial dog-breeding operations

W. Va. Code, § 19-20-26, WV ST §19-20-26

“Commercial dog breeder” means any person who:

(A) Maintains eleven or more unsterilized dogs over the age of one year for the exclusive purpose of actively breeding;

(B) Is engaged in the business of breeding dogs as household pets for direct or indirect sale or for exchange in return for consideration.

Not listed (the law contemplates the possession of more than thirty unsterilized dogs over the age of one year through the “Class II Commercial Dog Breeder” definition).
  • Easy and convenient access to adequate amounts of clean food and water;
  • Veterinary care without delay when necessary;
  • Maintain adequate staffing levels;
  • 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;
  • Housing facilities must have a means of fire suppression;
  • Housing facilities and primary enclosures must enable all dogs to remain dry and clean;
  • Housing facilities must provide shelter and protection from extreme temperatures and weather conditions;
  • Housing facilities must provide 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 or more often if necessary;
  • All dogs in the same enclosure at the same time must be compatible, as determined by observation;
  • Sick dogs shall be isolated sufficiently so as not to endanger the health of other dogs.

Biannual 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.

Any commercial dog breeder who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 per violation.

In any proceeding brought pursuant to the provisions of this section, a circuit judge or magistrate may grant a person accused of violating this section an improvement period not to exceed one year upon such terms and conditions as the judge or magistrate may determine. Upon successful completion of the improvement period the judge or magistrate shall dismiss the charges.

Wisconsin

WI ST 173.41, W.S.A. 173.41

WI ADC s ATCP 16.01 - 30

"Dog breeder” means a person who sells 25 or more dogs in a year that the person has bred and raised, except that “dog breeder” does not include a person who sells 25 or more dogs in a year that the person has bred and raised if all of those dogs are from no more than 3 litters.

Must be licensed.

Not listed

Law (173.41) provides standards of care that include:

  • sufficient food for good health
  • sufficient fresh water
  • necessary and standard vet care in a timely manner
  • specific enclosure standards for dogs kept inside or outside
  • ensure that dog is not kept in an enclosure for a period dept. determines is "excessive"
  • dogs must be checked everyday

Inspections required (173.41(6)). Facilities must be inspected prior to initial licensing and at least once every two years after that (not required to inspect out-of-state dealers premises).

Violation for standards of care or other non-licensing issue can result in up to $1000 forfeiture for first offense, and $200 to $2000 for 2nd or subsequent offense within 5 year time frame. Each animal constitutes a separate violation.

Failure to get license results in fine up to $10,000 and/or 9 months imprisonment (173.41(15)).

Wyoming
Top of Page
Share |