§ 5001. Short title

§ 5002. Definitions

§ 5003. Applicability of Commercial Pet Breeders Act

§ 5004. Creation of board--Membership

§ 5005. Enforcement and administration of act

§ 5006. Fees

§ 5007. Employment of personnel

§ 5008. Disbursements

§ 5009. Commercial Pet Breeders Enforcement Fund

§ 5010. Maintenance and posting of commercial pet breeders directory

§ 5011. Contracting with other organizations

§ 5012. Annual inspection of facilities--Report

§ 5013. Licensure

§ 5014. Pre-licensure facility inspection

§ 5015. Requirements for licensure

§ 5016. Expiration of license

§ 5017. Denial or revocation of license

§ 5018. License renewal

§ 5019. Displaying license--Inclusion of license number

§ 5020. Notification of board

§ 5021. Annual report

§ 5022. Maintenance of animal health record--Availability

§ 5023. Minimum animal care standards

§ 5024. Creation of animal care standards

§ 5025. Penalties

§ 5026. Violation of act--Punishment

§ 5027. Adoption of rules, standards, procedures, and fees

§ 5028. Date of compliance

§ 5029. Date of applicability

§ 5001. Short title

This act shall be known and may be cited as the “Commercial Pet Breeders Act” and shall be administered by the Board of Commercial Pet Breeders, under the authority of the State Board of Veterinary Medical Examiners.

CREDIT(S)

Laws 2010, c. 210, § 1.

§ 5002. Definitions

As used in the Commercial Pet Breeders Act:

1. “Adult animal” means an animal six (6) months of age or older;

2. “Animal” means a dog or a cat;

3. “Cat” means a mammal that is wholly or partly of the species Felis domesticus;

4. “Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses eleven 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;

5. “Person” means any individual, association, trust, corporation, limited liability company, partnership, or other entity;

6. “Board” means the Board of Commercial Pet Breeders;

7. “Commercial pet breeder license” means a license issued to any person that qualifies and is licensed as a commercial pet breeder;

8. “Dog” means a mammal that is wholly or partly of the species Canis familiaris;

9. “Executive director” means the executive director of the Board;

10. “Facility” means the premises used by a commercial breeder for keeping, housing, or breeding animals. The term includes all buildings, property, and confinement areas in a single location used to conduct the commercial breeding business;

11. “Family member” means the parent, spouse, child, or sibling of an individual;

12. “Humane society” means a nonprofit organization exempt from federal income taxation as an organization described in Section 501(c)(3), Internal Revenue Code of 1986, as amended, that has as a principal purpose the prevention of animal cruelty or the sheltering of, caring for, and providing of homes for lost, stray, and abandoned animals;

13. “Intact female animal” means a female animal that has not been spayed and is capable of sexual reproduction;

14. “Kitten” means a cat less than six (6) months old;

15. “Local animal control authority” means a municipal or county animal control office with authority over the premises in which an animal is kept or, in an area that does not have an animal control office, the county sheriff;

16. “Marketing” means the solicitation for sale of animals;

17. “Noncommercial breeder” means any individual, entity, association, trust, or corporation who possesses ten or less adult intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;

18. “Pet” means a dog or cat, including a puppy or kitten;

19. “Possess” means to have custody of or control over;

20. “Puppy” means a dog less than six (6) months old;

21. “Registered breeder inspector” means an individual certified by the Board to conduct investigations and inspections of facilities; and

22. “Veterinarian” means a person currently licensed to practice veterinary medicine in Oklahoma.

CREDIT(S)

Laws 2010, c. 210, § 2; Laws 2011, c. 241, § 1, emerg. eff. May 16, 2011.

§ 5003. Applicability of Commercial Pet Breeders Act

A. The Commercial Pet Breeders Act does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of the federal government, this state, or a political subdivision of this state.

B. The Commercial Pet Breeders Act does not prevent a municipality or county from prohibiting or further regulating by order or ordinance, the possession, breeding, or selling of dogs or cats.

CREDIT(S)

Laws 2010, c. 210, § 3.

§ 5004. Creation of board--Membership

A. The Board of Commercial Pet Breeders is hereby created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law. The Board, under the authority of the State Board of Veterinary Medical Examiners, shall administer the provisions of the Commercial Pet Breeders Act.

B. 1. The Board shall consist of eight (8) members as follows:

a. one member who represents the dog or cat breeding industry appointed by the Governor for an initial term of office of two (2) years,

b. one member who represents an animal welfare association appointed by the Governor for an initial term of office of two (2) years,

c. one member who represents the Oklahoma Veterinary Medical Association appointed by the President Pro Tempore of the Senate for an initial term of office of two (2) years,

d. one member at large appointed by the Governor for an initial term of office of three (3) years,

e. the State Veterinarian or designee,

f. one member who represents noncommercial breeders, who shall be appointed by the Speaker of the House of Representatives,

g. the President of the State Board of Veterinary Medical Examiners or designee, and

h. the executive director who shall be appointed by the State Board of Veterinary Medical Examiners upon the recommendation of the other seven members of the Board, and shall be nonvoting.

2. After the expiration of the initial terms of office, the term of office of appointed members, except for the executive director, shall be three (3) years.

C. Each member of the Board shall file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.

D. The Governor, upon the recommendation by the State Board of Veterinary Medical Examiners, may remove any appointed member of the Board for misconduct, incompetence, neglect of duty, or any sufficient cause, in the manner prescribed by law for removal of state officials. Vacancies in the membership of the Board shall be filled for the balance of an unexpired term in the same manner as the original appointment.

E. Members of the Board, except for the executive director, shall serve without compensation.

F. The Board shall meet within one (1) month of its formation and thereafter when it deems necessary, and during normal business hours. Special meetings may be held at the request of the executive director or by request from any two members of the Board.

G. The Board, annually, shall elect a chair, vice-chair, and secretary from among its voting members. A quorum of the Board shall consist of a majority of the full Board excluding the executive director.

H. In order to effectively facilitate work, fulfill duties, and exercise powers, the Board may establish standing or ad hoc committees. The chair of the Board:

1. Shall appoint members and chairpersons of the committees and may determine the length of service; and

2. May appoint individuals to serve on a standing or ad hoc committee for a term not to exceed one (1) year.

CREDIT(S)

Laws 2010, c. 210, § 4; Laws 2011, c. 241, § 2, emerg. eff. May 16, 2011.

§ 5005. Enforcement and administration of act

A. The Board of Commercial Pet Breeders, under the authority of the State Board of Veterinary Medical Examiners, shall enforce and administer the provisions of the Commercial Pet Breeders Act.

B. The Board shall adopt the rules necessary to enforce and administer the Commercial Pet Breeders Act, including but not limited to rules that:

1. Establish application procedures and requirements;

2. Establish procedures for renewing licenses;

3. Establish conditions under which licenses are revoked, denied, or denied renewal;

4. Establish qualifications and training for registered breeder inspectors;

5. Establish standards of care of animals;

6. Establish procedures for sale of animals, including a health certificate provided by a licensed veterinarian in every sale, and prohibiting marketing in retail or public parking lots;

7. Establish penalties for violations of this act; and

8. Establish a toll-free hotline for people to report cases of animal abuse and require the complainants to leave their names and phone numbers.

C. All permanent rules adopted by the Board shall be submitted by February 1 of each calendar year for consideration by the Oklahoma Legislature and the Governor.

CREDIT(S)

Laws 2010, c. 210, § 5; Laws 2011, c. 241, § 3, emerg. eff. May 16, 2011.

§ 5006. Fees

The Board of Commercial Pet Breeders shall establish reasonable and necessary fees in amounts sufficient to cover the costs of enforcing and administering the Commercial Pet Breeders Act. Any annual fees shall reflect a credit for any U.S. Department of Agriculture licensing fees paid that year for the applicant.

CREDIT(S)

Laws 2010, c. 210, § 6.

§ 5007. Employment of personnel

The executive director may employ personnel necessary to carry out the functions and duties of the Board of Commercial Pet Breeders under the Commercial Pet Breeders Act.

CREDIT(S)

Laws 2010, c. 210, § 7.

§ 5008. Disbursements

The executive director may authorize disbursements necessary to implement the Commercial Pet Breeders Act, including disbursements for office expenses, equipment costs, and other necessary resources.

CREDIT(S)

Laws 2010, c. 210, § 8.

§ 5009. Commercial Pet Breeders Enforcement Fund

There is established in the State Treasury a revolving fund to be known as the “Commercial Pet Breeders Enforcement Fund”. The fund shall:

1. Be a continuing fund, not subject to fiscal year limitations, and shall consist of all fees, fines, penalties, and other monies paid, donated, received, recovered, or collected under the provisions of the Commercial Pet Breeders Act; and

2. Be available to the Board solely for the payment of all expenses incurred in issuing, processing, inspecting, or supervising the issuance of commercial pet breeder licenses, and enforcement of the Commercial Pet Breeders Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of State Finance for approval and payment.

CREDIT(S)

Laws 2010, c. 210, § 9.

§ 5010. Maintenance and posting of commercial pet breeders directory

The Board of Commercial Pet Breeders shall maintain and post on its website the directory of commercial pet breeders licensed pursuant to the Commercial Pet Breeders Act. The Board shall post on its website the directory of commercial pet breeders who have been denied licensing, or whose licenses have been revoked.

CREDIT(S)

Laws 2010, c. 210, § 10.

§ 5011. Contracting with other organizations

The Board of Commercial Pet Breeders may contract with another state agency, a political subdivision of this state, a local animal control authority, or a registered breeder inspector to enforce the Commercial Pet Breeders Act and the rules adopted under the Commercial Pet Breeders Act.

CREDIT(S)

Laws 2010, c. 210, § 11.

§ 5012. Annual inspection of facilities--Report

A. The Board of Commercial Pet Breeders, at least annually, shall arrange for the inspection of each facility of a licensed commercial breeder. The inspection must be conducted during the normal business hours of the facility and the commercial breeder or a representative of the commercial breeder shall be present during the inspection.

B. The inspector shall submit an inspection report to the Board not later than ten (10) days after the date of the inspection on a form prescribed by the Board and provide a copy of the report to the commercial breeder or the representative. If there is a deficiency, the Board will follow the procedures set out in its rules, which shall include opportunities for the breeder to correct deficiencies, object to the report, and to request a hearing.

C. On receipt of a written complaint alleging a violation of the Commercial Pet Breeders Act, the Board, a local animal control authority, or a registered breeder inspector designated by the Board may investigate the alleged violation.

CREDIT(S)

Laws 2010, c. 210, § 12.

§ 5013. Licensure

A. A person may not act, offer to act, or hold himself or herself out as a commercial breeder in this state unless the person holds a commercial pet breeder license obtained pursuant to the Commercial Pet Breeders Act for each facility that the person owns or operates in this state.

B. It shall be unlawful for any person to act as a commercial pet breeder licensee, or to hold himself or herself out as such, unless the person shall have been licensed to do so under the Commercial Pet Breeders Act.

C. An applicant for a commercial pet breeder license must meet the criteria as established by the Board of Commercial Pet Breeders through its rules and procedures.

CREDIT(S)

Laws 2010, c. 210, § 13.

§ 5014. Pre-licensure facility inspection

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

B. The Board may contract with a local veterinarian licensed by the state, other state agency or a registered breeder inspector to conduct or assist in an initial prelicense inspection and annual inspections.

C. The Board may not issue a commercial pet breeder license until the Board receives an initial prelicense inspection report from the inspector in a format approved by the Board certifying that the facility meets the requirements of the Commercial Pet Breeders Act.

D. Before the initial prelicense inspection may be conducted, each applicant shall pay to the Board a nonrefundable inspection fee.

E. The Board may issue a temporary permit to a commercial pet breeder applying for a license or renewal upon the submission of an application and payment of a licensing fee as prescribed by the Board. If granted a temporary permit, the commercial pet breeder may continue to operate until the Board is able to inspect and perform all the duties necessary to either issue, renew, revoke or deny a commercial pet breeder license.

F. The Board shall not hire any humane society group or member of any humane society group to perform any inspection required by the Commercial Pet Breeders Act.

CREDIT(S)

Laws 2010, c. 210, § 14; Laws 2011, c. 241, § 4, emerg. eff. May 16, 2011.

§ 5015. Requirements for licensure

The Board of Commercial Pet Breeders shall issue a commercial pet breeder license to each commercial breeder who:

1. Meets the requirements of the Commercial Pet Breeders Act;

2. Applies to the Board on the form prescribed by the Board; and

3. Pays the required fee.

The Board shall issue one license per physical location. A separate license shall be issued for each physical location of the commercial pet breeder, whether or not the breeder has eleven or more intact female animals at each location.

CREDIT(S)

Laws 2010, c. 210, § 15.

§ 5016. Expiration of license

A license issued under the Commercial Pet Breeders Act is valid until the first anniversary of the date of issuance and is nontransferable. The Board of Commercial Pet Breeders shall include the expiration date on each license issued under the Commercial Pet Breeders Act.

CREDIT(S)

Laws 2010, c. 210, § 16.

§ 5017. Denial or revocation of license

The Board of Commercial Pet Breeders may deny a license, or renewal thereof, or revoke a license to an applicant who fails to meet the standards of care or application process adopted by the Board, or if the person :

1. Is convicted of a crime involving animal cruelty;

2. Is convicted of violating this act more than three times;

3. Is convicted of a type of felony specified by subparagraphs a through pp of paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes;

4. Is convicted of a felony punishable under the Oklahoma Racketeer-Influenced and Corrupt Organizations Act; or

5. Has held or applied for a United States Department of Agriculture license pursuant to the Animal Welfare Act and whose license was suspended, revoked, or whose application was refused due to the improper care of animals.

CREDIT(S)

Laws 2010, c. 210, § 17; Laws 2011, c. 241, § 5, emerg. eff. May 16, 2011.

§ 5018. License renewal

A. A license holder who is not in violation of the Commercial Pet Breeders Act or any rule adopted under the Commercial Pet Breeders Act may renew the license of the person by:

1. Submitting a renewal application to the Board of Commercial Pet Breeders on the form prescribed by the Board;

2. Complying with any other renewal requirements adopted by the Board; and

3. Paying the required fee.

B. A person who fails to apply for a renewal in a manner prescribed by the Board, and whose license has expired may not engage in activities that require a license until the license has been renewed.

C. Not later than sixty (60) days before the expiration of the license, the Board shall send written notice of the impending license expiration to the person at the last-known address of the person according to the records of the Board.

CREDIT(S)

Laws 2010, c. 210, § 18.

§ 5019. Displaying license--Inclusion of license number

A commercial pet breeder shall:

1. Prominently display a copy of the commercial pet breeder license at the facility of the commercial pet breeder;

2. Include the commercial pet breeder license number in each advertisement for the sale or transfer of an animal by the commercial pet breeder; and

3. Include in each contract for the sale or transfer of an animal by the commercial pet breeder the commercial pet breeder license number.

CREDIT(S)

Laws 2010, c. 210, § 19.

§ 5020. Notification of board

A commercial pet breeder shall notify the Board of Commercial Pet Breeders in a manner prescribed by the Board not later than ten (10) days after the date any change occurs in the address, name, management, substantial control, or ownership of the business or operation.

CREDIT(S)

Laws 2010, c. 210, § 20.

§ 5021. Annual report

A. Not later than February 1 of each year, a commercial pet breeder shall submit to the Board of Commercial Pet Breeders an annual report on a form prescribed by the Board setting forth the number of adult intact animals held at the facility at the end of the prior year and such other information regarding the commercial pet breeder's prior year's operations as required by the Board.

B. The commercial pet breeder shall keep a copy of the annual report at the facility of the commercial breeder and, on request, make the report available to the Board, a local animal control authority, or a registered breeder inspector designated by the Board.

C. A license holder that has more than one facility must keep separate records and file a separate report for each facility.

CREDIT(S)

Laws 2010, c. 210, § 21.

§ 5022. Maintenance of animal health record--Availability

A. A commercial pet breeder shall maintain a separate health record for each animal in the facility of the commercial breeder documenting the healthcare of the animal.

B. The health record must include:

1. The breed, sex, color, and identifying marks of the animal; and

2. A record of all inoculations, medications, and other veterinary medical treatment received by the animal while in the possession of the commercial breeder.

C. The commercial pet breeder shall make the health records available on request to the Board of Commercial Pet Breeders, a local animal control authority, or a registered breeder inspector designated by the Board.

CREDIT(S)

Laws 2010, c. 210, § 22.

§ 5023. Minimum animal care standards

A. 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.

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

CREDIT(S)

Laws 2010, c. 210, § 23.

§ 5024. Creation of animal care 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.

CREDIT(S)

Laws 2010, c. 210, § 24.

§ 5025. Penalties

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.

CREDIT(S)

Laws 2010, c. 210, § 25.

§ 5026. Violation of act--Punishment

A. A person commits an offense if the person violates the Commercial Pet Breeders Act or any rule adopted under the Commercial Pet Breeders 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 E of this section.

B. 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 Act. An offense under this subsection is a misdemeanor punishable as provided in subsection E of this section.

C. 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 E of this section.

D. A commercial pet breeder commits an offense if the commercial breeder interferes with, hinders, or thwarts any inspection or investigation under the Commercial Pet Breeders 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 Act or any rule adopted under the Commercial Pet Breeders Act. An offense under this subsection is a misdemeanor punishable as provided in subsection E of this section.

E. 1. Any violation of subsection A, B, or C of this section shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00).

2. Any violation of subsection D of this section shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

F. In addition to the above, the Board shall have authority to obtain injunctions against anyone who violates this act, and shall have authority to obtain or impose civil monetary penalties to anyone who violates this 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.

CREDIT(S)

Laws 2010, c. 210, § 26.

§ 5027. Adoption of rules, standards, procedures, and fees

Not later than January 1, 2011, the Board of Commercial Pet Breeders shall adopt the rules, standards, procedures, and fees necessary to implement the Commercial Pet Breeders Act.

CREDIT(S)

Laws 2010, c. 210, § 27.

§ 5028. Date of compliance

Notwithstanding anything herein to the contrary, a commercial pet breeder is not required to:

1. Hold a license under the Commercial Pet Breeders Act to act as a commercial pet breeder before July 1, 2011; or

2. Comply with the standards adopted under the Commercial Pet Breeders Act before July 1, 2011.

CREDIT(S)

Laws 2010, c. 210, § 28.

§ 5029. Date of applicability

A. The change in law made by the Commercial Pet Breeders Act applies only to an offense committed on or after July 1, 2011. Licensing shall not be required until July 1, 2011.

B. An offense committed before July 1, 2011, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

CREDIT(S)

Laws 2010, c. 210, § 29.