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, over 30 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, Virginia, and Washington) 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 attorneys or regulatory agencies in individual states.
State | Citation | Definition of commercial breeder | Maximum number of dogs allowed | Standards of care required | Inspection provisions | Penalties |
|---|---|---|---|---|---|---|
Alabama (none) | ||||||
Alaska (none) | ||||||
Arizona
| "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed.
| Not listed | None provided | Fewer than 20 dogs: may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing. More than 20 dogs: must allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. This subsection does not apply to any kennel that houses dogs that are being used or trained for hunting. | A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor. | |
Arkansas (none) | ||||||
California | West's Ann. Cal. Health & Safety Code § 122045 - 122315 (Polanco-Lockyer Pet Breeder Warranty Act) | "Dog breeder," or "breeder" means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of 3 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, the law requires:
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 $1,000 per violation (§ 122110). |
| Colorado | 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) | (6.5) “Dog breeder” means any person that engages in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring the dogs. | Not listed (number of dogs changes category) | Dog Breeder Facility Regulations (8 CO ADC 1201-11:12.00):
| 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). At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant. (§ 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 24 hours, the commissioner may bring a suit for a temporary restraining order and for injunctive relief. Commissioner may also apply to court 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 (§ 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 | Any owner or keeper of a kennel who breeds more than 2 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):
| 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 $1000 or imprisoned not more than one year or both(§ 22-342). Any owner or keeper of a kennel who breeds more than 2 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 $1000 or imprisoned not more than one year or both (§ 22-342). | |
| Delaware | Kennel is more than 4 dogs are kept for show, trial, sale, breeding, or other purposes | Not listed | Humane Care and Handling General facilities
Indoor housing facility
Outdoor housing facilities
Primary enclosures
Animal Health and Husbandry Standards
| Animal welfare officers are authorized to inspect the facilities for which a kennel or retail dog outlet license is sought or obtained during normal business hours or by appointment to see if the facilities satisfy the requirements of § 3044F. No person may refuse admittance to an animal welfare officer for the purpose of making inspections. | If premises do not satisfy the humane care and handling requirements, the facility shall be issued a warning identifying the deficiencies. Such operator shall have a warning period of a minimum of 10 business days to bring the premises or facility into compliance (but Dept. can extend up to 60 days). After expiration of the warning period the operator shall be fined. The Department may also issue an order suspending the kennel license until the cited deficiencies are remedied. The licensee is entitled to an administrative review of such order under the Delaware APA. Civil Penalties. An owner who refuses, fails or neglects to comply with section 3044F shall be penalized as follows: (1) For a first violation, a civil penalty of $100 in addition to costs. (2) For a second violation, a civil penalty of $250 in addition to costs. (3) For each subsequent violation, a civil penalty of $500 in addition to costs.
| |
| D.C. | A "commercial animal breeder" is defined as "any person, firm, organization, or corporation engaged in the operation of breeding and raising more than 25 animals per year for sale or in return for consideration."
| Not listed | Not listed | Not listed | Not listed | |
Florida (none) | ||||||
| Georgia | Ga. Code Ann., § 4-11-1 to 18 (Animal Protection Act) | Law: (5) “Kennel” means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation. Regulations: (17) “Kennel” means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation. Similar purposes include, but are not limited to, activities of a breeding establishment, cattery, or grooming shop. (a) “Breeding Establishment” means any establishment where pets are bred and a fee or compensation is received for the breeding and maintenance of such pets, such as stud service. | Not listed | The regulations provide details on general requirements and standards for the following:
| The Commissioner or designated agents are authorized to enter upon any public or private property at any time for the purpose of inspecting the business premises of any animal shelter, kennel, pet dealer, or stable and the pets housed at such facility and to determine if such facility is licensed and for the purpose of enforcing the Georgia Animal Protection Act and rules of this chapter. Inspections may be unannounced and performed at such frequency as deemed necessary and appropriate by the Commissioner or his designated agents. | Law: It shall be unlawful for any person to act as a pet dealer or operate a kennel unless such person has a valid license issued by the Commissioner of Agriculture. Any person acting without a license in violation of this subsection shall be guilty of a misdemeanor. Any person violating any of the provisions of this article shall be guilty of a misdemeanor; however, if such offense is committed by a corporation, such corporation shall be punished by a fine not to exceed $1,000.00 for each such violation, community service of not less than 200 hours nor more than 500 hours, or both. Regulations: It is unlawful for any person to act as a pet dealer or operate kennel unless such person has a valid license. Any person acting without a license in violation of this subsection shall be guilty of a misdemeanor. |
Hawaii (none) | ||||||
Idaho (none) | ||||||
| Illinois | 225 I.L.C.S. 605/1 - 22 | “Cat breeder” means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder. “Dog breeder” means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder. “Kennel operator” means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation. | Not listed | The licensee shall:
| All licensees under this Act shall maintain records of the origin and sale of all dogs, and such records shall be made available for inspection by the Secretary or the Department upon demand. Routine inspection of the premises of licensees is not provided in the act. However, Section 18 says, "[i]nspection of the premises of a licensee to determine compliance with this Act may be made only by the Department."
| Any person violating any provision of this Act, other than a violation of Section 3.8 of this Act, or any rule, regulation, or order of the Department issued pursuant to this Act is guilty of a Class C misdemeanor and every day a violation continues constitutes a separate offense. Administrative fines are imposed by the Department for violation of rule or regulation: (1) For the first violation, a fine of $500. (2) For a second violation that occurs within 3 years after the first violation, a fine of $1,000. (3) For a third violation that occurs within 3 years after the first violation, mandatory probationary status and a fine of $2,500. If a person or entity fails or refuses to pay an administrative fine authorized by this Section, the Department may prohibit that person or entity from renewing a license under this Act until the fine is paid in full. |
| Indiana | 345 IN ADC 14-1-1 - 4 (breeder registration requirements) | “Commercial dog breeder” means a person who maintains more than 20 unaltered female dogs that are at least 12 months of age. | Not listed (in fact, license fees are provided for owning more than 250 dogs) | 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:
|
| Iowa | 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 3 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:
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. | Sec. 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 $500, 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 15 days 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 | Pet Animal Act KS ADC 9-18-1 - 3 (regulations for fee schedule for animal breeder licenses) | “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. (Note: numbers less than those listed above constitute "hobby breeders" as defined in the law). | 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:
In the definition section (47-1701): “Adequate feeding” means supplying at suitable intervals, not to exceed 24 hours, 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” is also defined. | 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 adopted 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. 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.
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Kentucky (none) | ||||||
| Louisiana | LSA-R.S.2772 | The term "breeder" is not defined in the law. However, the law states that any individual or business with 5 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 5 dogs to $30 if more than 10 dogs (LSA-R.S.2772). | H. No individual or business that breeds, buys, or sells dogs retail, wholesale, or to the public shall maintain more than 75 dogs over the age of one year at any time for breeding purposes (LSA-R.S.2772). | Not listed | Not listed | J. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500 or imprisoned for not more than six months, or both (LSA-R.S.2772). |
| Maine | 01-001 CMR Ch. 701, § I - IV (regulations 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. Per § 3931-A:
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:
Specific standards for kennels and boarding kennels include (01-001 CMR Ch. 701, § II):
Also specific provisions for outside dog houses and tethering of dogs (01-001 CMR Ch. 701, § II). | Law states that 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). Regulations state authorized agents of the Animal Welfare Program must at all reasonable times be allowed access to the physical premises and the records maintained by any pet shop, shelter, kennel and boarding kennel (01-001 CMR Ch. 701, § I(S)). | 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 the Animal Welfare Program will, 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, the Animal Welfare Program or the Attorney General may seek enforcement remedies including but not limited to revocation or suspension of the license. (01-001 CMR Ch. 701, § I(R)). Regulations state that non-compliance with these rules including, but not limited to, any the standards set forth in these rules may, in addition to any other remedies available by law, result in suspension and revocation of the facility license. (01-001 CMR Ch. 701, § III). |
| Maryland | Kennel law in cruelty chapter: 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. Breeder kennel licensing law: A person shall obtain a kennel license from the local licensing agency if the person: (1) owns or has custody of 6 or more unspayed female dogs over the age of 6 months kept for the purpose of breeding the dogs and selling their offspring; or (2) sells dogs from six or more litters in a year. | 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. A person who inspects premises shall give prior written notice of the time and date of the inspection to the owner or occupant of the premises. | Kennel law: Chapter in which the kennel law exists requires that dogs are being treated humanely.
Licensing law (excludes Garrett and Washington counties): A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $5 and not exceeding $25 or both. A person in Calvert County who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine of $50 or both. | |
| Massachusetts | M.G.L.A. 140 § 136, 137A | "Kennel", a pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel (§ 136A). Every person maintaining a kennel shall have a kennel license (§ 137A). “Commercial breeder kennel”, an establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration (§ 136A). | Not listed | Per § 137C, a kennel must be maintained in a sanitary and humane manner. | The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer may at any time inspect a kennel or cause the inspection of a kennel. If, in the judgment of such person or body, the kennel is not being maintained in a sanitary and humane manner or if records are not properly kept as required by law, such person or body shall, by order, revoke or suspend the license for the kennel (§ 137C). | Failure to maintain a kennel license as directed results in a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense (§ 137A).
If a kennel is not being maintained in a sanitary and humane manner or if records are not properly kept as required by law, such person or body shall, by order, revoke or suspend the license for the kennel. A person maintaining a kennel after the license to maintain a kennel has been so revoked, or while such a license is suspended, shall be punished by a fine of not more than $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense (§ 137C). |
| Michigan | M.C.L. 287.331 | “Large-scale dog breeding kennel” means a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, “housed or kept for the primary purpose of breeding” means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding. A person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. The department shall charge an annual fee of $500.00 per registration of a large-scale dog breeding kennel. | Not listed | The department may promulgate rules to accomplish the purposes of this act and to establish minimum standards for the housing, care, and handling of animals to insure the humane care and handling of animals. The department may also promulgate rules to establish minimum standards for large-scale dog breeding kennels. According to the Michigan Dept. of Agriculture & Rural Development website, Regulation No. 151, contained at Mich. Admin. Code R. 285.151.1 - 41, apply to large-scale dog breeding kennels. These rules include requirements that:
| According to MDARD: "Once the complete application is received, MDARD will contact you to initiate an inspection." The laws specific to inspection only mention animal shelters and pet shops not large-scale breeders. However, a person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. | After notice and an opportunity for an evidentiary hearing, a violation may result in either or both actions: (a) suspend or revoke a license or registration issued to the person under this act. (b) impose an administrative fine of not more than $1,000.00 for each violation. The director may bring an action to do 1 or more of the following: (a) obtain a declaratory judgment that a method, act, or practice is in violation of this act. (b) obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act. |
| Minnesota | Commercial Breeders Act (M. S. A. § 347.57 - 64) | “Commercial breeder” means a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses 10 or more adult intact animals and whose animals produce more than 5 total litters of puppies or kittens per year (347.57). | Not listed | Section 347.59 establishes several standards and states that the board may promulgate rules as it considers necessary to protect the public health and welfare of animals. The statutory standards include the following:
| Prelicense Inspection: As of July 1, 2015, a commercial breeder must obtain an annual license for each facility it owns or operates ($10 per adult intact animal, but each fee must not exceed $250). The board must perform an announced initial prelicense inspection within 60 days from the date of receiving a license application. Annual Inspection: The board must inspect each licensed facility at least annually. If, after the prelicense inspection, the commercial breeder has two consecutive years of inspections with no violations, the board must inspect the commercial breeder at least every two years. If the commercial breeder has any violations during an inspection or if the board has cause, the board must inspect the commercial breeder at least annually. Board Listing of Breeders: The board must maintain and post in a timely manner on its Web site a list of commercial breeders licensed and in good standing under this section. M.S.A. 347.58 | The board must initiate an investigation upon receiving a formal complaint alleging violations. When animal control or law enforcement is made aware of a violation, it must be reported to the board. After 15 days, the facility is reinspected and if violations are not corrected, an administrative penalty order may be issued (maximum $5,000 for a single correction order).
Commercial breeders are also subject to cruelty laws. Section 347.62 also states the following are misdemeanors:
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Mississippi (none) | ||||||
| Missouri | Canine Cruelty Prevention Act 2 MO ADC 30-9.010 - 9.030 (Animal Care Facilities regulations)
| Law: (8) "Commercial breeder", a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three intact females for the primary purpose of breeding animals for sale (V. A. M. S. 273.325). Regulations: (Q) Commercial breeder means 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 (2 MO ADC 30-9.010). | Not listed [Editor's Note: 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. Specific standards are provided in 2 MO ADC 30-9.030 for:
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 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 $ 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 the laws 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)).
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Montana (none) | ||||||
| Nebraska | Commercial Dog and Cat Operator Inspection Act Commercial Dog and Cat Operator Inspection Regulations | (7) Commercial cat breeder means a person engaged in the business of breeding cats: (a) Who sells, exchanges, leases, or in any way transfers or offers to sell, exchange, lease, or transfer thirty-one or more cats in a twelve-month period beginning on April 1 of each year; (b) Who owns or harbors four or more cats, intended for breeding, in a twelve-month period beginning on April 1 of each year; (c) Whose cats produce a total of four or more litters within a twelve-month period beginning on April 1 of each year; or (d) Who knowingly sells, exchanges, or leases cats for later retail sale or brokered trading. (8) Commercial dog breeder means a person engaged in the business of breeding dogs: (a) Who sells, exchanges, leases, or in any way transfers or offers to sell, exchange, lease, or transfer thirty-one or more dogs in a twelve-month period beginning on April 1 of each year; (b) Who owns or harbors four or more dogs, intended for breeding, in a twelve-month period beginning on April 1 of each year; (c) Whose dogs produce a total of four or more litters within a twelve-month period beginning on April 1 of each year; or (d) Who knowingly sells, exchanges, or leases dogs for later retail sale or brokered trading. | 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). | A licensee may be put on probation requiring such licensee to comply with the conditions set out in an order of probation issued by the director, may be ordered to cease and desist due to a failure to comply, or may be ordered to pay an administrative fine. A license may be immediately suspended and the director may order the operation of the licensee closed prior to hearing when the director determines that there is a significant threat to the health or safety of the dogs or cats harbored or owned by the licensee. (§ 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 | 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 (574.245). | 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). | 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 (none) | ||||||
New Jersey (none) | ||||||
New Mexico (none) | ||||||
New York (none) | ||||||
North Carolina (none) | ||||||
North Dakota (none) | ||||||
| Ohio | Chapter 956, "Dog Breeding Kennels; Dog Retailers" | Applies to "high volume breeder," meaning establishment that keeps, houses, and maintains 6 or more breeding dogs and does at least one or more of the following: (1) in return for a fee or other consideration, sells 5 or more adult dogs or puppies in any calendar year to dog brokers or pet stores; and, (2) in return for a fee or other consideration, sells 40 or more puppies in any calendar year to the public. (3) Keeps, houses, and maintains, at any given time in a calendar year, more than 40 puppies that are under four months of age, that have been bred on the premises of the establishment, and that have been primarily kept, housed, and maintained from birth on the premises of the establishment. | Not listed (the licensing scheme provides a fee for forty 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:
Additional duties for high volume breeders: Unless otherwise directed by a veterinarian, a high volume breeder must provide a dog with food twice each day that meets listed requirements. Access to potable water is also required. There are specific requirements for primary enclosures:
On and after December 31, 2021:
Other specific measures include housing of puppies, concerns for female breeding dogs and number of litters, whelping, daily exercise of dogs, access to the outdoors, environmental enrichment in primary enclosures, time for human interaction, and appropriate veterinary care. | For high volume breeder license applicants: 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 (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:
| The director of agriculture, after providing an opportunity for an adjudication hearing may assess a civil penalty against a person who has violated or is violating sections 956.01 to 956.18 or rules adopted (956.13). A person who is assessed a civil penalty under this section is liable for a civil penalty of not more than $2500 for a first violation, not more than $5000 for a second violation, and not more than $10,000 for a third or subsequent violation (956.13). Each day that a violation continues constitutes a separate 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 | Commercial Pet Breeders and Animal Shelter Licensing Act Board of Commercial Pet Breeders Regulations | “Commercial breeder” and “commercial pet breeder” mean any individual, entity, association, trust, or corporation who possesses 11 or more intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration. (30.2) | Not listed | The Board shall adopt the rules necessary to enforce and administer the Commercial Pet Breeders and Animal Shelter Licensing Act that establish standards for care. (30.3) 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 Department shall arrange for an inspection at a facility prior to issuance of an initial animal shelter or commercial pet breeder license for that facility. (30.5) The Department, at least annually, shall arrange for the inspection of each facility of a licensed animal shelter operator or commercial breeder. (30.5) On receipt of a valid written complaint alleging a violation of the Commercial Pet Breeders and Animal Shelter Licensing Act, an authorized agent of the State Board of Agriculture, a local animal control authority, or an inspector designated by the Department may investigate the alleged violation. (30.5) | After notice and opportunity for a hearing if the State Board of Agriculture finds any person in violation of the Act or any rule, the Board shall have the authority to assess an administrative penalty of not less than $100.00 and not more $10,000.00 for each violation. Each animal, each action, or each day a violation continues may constitute a separate and distinct violation. A person commits an offense if the person knowingly falsifies information in a license application, annual report, or record required (misdemeanor, fine up to $500). An unlicensed commercial pet breeder commits an offense if the breeder advertises animals for sale (misdemeanor, fine up to $500). An animal shelter or commercial pet breeder commits an offense if the animal shelter or commercial breeder interferes with, hinders, or thwarts any inspection or investigation (misdemeanor, fine $1000). 4 Okl.St.Ann. § 30.13 |
| Oregon | O. R. S. § 167.374, 376 | 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:
| 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)):
| Not listed | Class B misdemeanor. 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. Records for individual dogs must be kept for two years. Kennels must follow an appropriate plan to provide dogs with the opportunity for exercise. 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 requirements such as safe construction with no sharp edges, height, protection from the elements, sufficient space, potable water, sanitation, floor type, and the ability of animals to turn around freely. All Kennel Class C license holders (commercial kennels) have specific requirements for the overall facility mandating veterinary care for the animals, proper HVAC systems, moisture protection, the stacking of primary enclosures, fire safety systems, and pest control. Additional requirements for Kennel Class C license holders that apply only to dogs over 12 weeks of age relate to compatibility groupings, special spaces for nursing dogs, and outdoor exercise requirements. | 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 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. 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. 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 | 250 R.I. Admin. Code 40-05-4.1 - 4.14 | 6. “Breeder” means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted by breeding fewer than three (3) litters per year or produces fewer than twenty (20) individual puppies or kittens for the purpose of sale. 250 R.I. Admin. Code 40-05-4.5 | Not listed | General standards encompass all animal care facilities, including breeders, and mandate proper temperature control, ventilation, drainage, sanitation, lighting, minimum space requirements, and health and safety of the animal living quarters. 250 R.I. Admin. Code 40-05-4.7 There are very detailed species-specific standards at 40-05-4.8 for dogs. These include space requirements in standard enclosures and temperature maintenance based on breed of dog. Compatibility grouping, whelping areas, exercise specification, and flooring, including wire flooring minimum gauge, is provided. 250 R.I. Admin. Code 40-05-4.8
| Not listed | Any person, firm or corporation who violates any provision of these regulations shall be subject, to an administrative penalty $500.00 for the first violation and not to exceed $1000.00 for the second violation and any subsequent violations. Any violations of these regulations may result in the seizure of animals by the Department and/or the initiation of actions for the suspension or revocation of any license and/or certificate of registration previously issued by the Department. Each day for which the violation persists without remedy shall constitute a separate violation. 250 R.I. Admin. Code 40-05-4.12 In addition to other penalties provided by law, any operator of an animal care facility who violates the provisions shall be subject to suspension, revocation or denial of his/her license or certificate of registration. 250 R.I. Admin. Code 40-05-4.10 |
South Carolina (none) | ||||||
South Dakota (none) | ||||||
| Tennessee | Commercial Breeders Regulations [Note: T. C. A. § 44-17-701 - 715, the Commercial Breeder Act of 2009, was repealed in 2014.] | Not specifically defined in the definition section of the regulations, but in the application to be a commercial breeder, an applicant must show that he or she "possesses or maintains, under his or her immediate control, twenty (20) or more unsterilized adult female dogs or cats for the purpose of selling the offspring as companion animals." Tenn. Comp. R. & Regs. 1200-33-01-.04
| Not listed | Per the regulations: (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 regulations do not make inspections permissive or mandatory. However, there is a section that requires that licensees allow inspectors to take photographs and have access to records. | Not listed |
| 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. | Not listed | The standards adopted under this section must:
| 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. | 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. |
Utah (none) | ||||||
| Vermont | (10) “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in section 3901 of this title (20 V.S.A. § 3541). | 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. | 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 (§ 3682). | In the event such officer, representative or agent and veterinarian shall find that domestic pets or wolf-hybrids are kept under unsanitary or inhumane conditions, that there is communicable disease among them, or that the condition of the domestic pets or wolf-hybrids is such as to jeopardize or endanger the health or safety of persons, they shall quarantine said premises by an order in writing delivered to the holder of the permit, which quarantine shall remain in effect until the conditions affording a basis for such quarantine order have been remedied (§ 3683). Per § 3684, the person operating a kennel who is found to have neglected to remedy conditions specified in a quarantine order issued pursuant to section 3683 shall be subject to the penalty provided in 353(a)(1) of Title 13. | |
| Virginia | Va. Code Ann. §§ 3.2-6500 (definition of commercial breeder) 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 (Va. Code Ann. §§ 3.2-6500).
| 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 (§ 3.2-6507.2). | "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:
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 Commissioner, the State Veterinarian or his assistant, any animal control officer, and any public health or safety official employed by the locality where a commercial dog breeder resides or maintains breeding operations may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include (i) the inspection of the books and records of any commercial dog breeder, (ii) the inspection of any companion animal owned by the commercial dog breeder, and (iii) the inspection of any place where animals are bred or maintained. In conducting the inspection, the Commissioner or animal control officer may enter any premises where animals may be bred or maintained during daytime hours (§ 3.2-6507.3). . | Any commercial dog breeder violating any provision of this article is guilty of a Class 1 misdemeanor (§ 3.2-6507.5). |
| Washington | 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:
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 50 dogs with intact sexual organs over the age of six months at any time (except for individuals/entities excluded by law). |
| 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 | “Commercial dog breeder” means any person who: (A) Maintains 11 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). |
| 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 | "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 (W.S.A. 173.41). | Not listed (and the law licenses those dog breeders who sell more than 250 dogs per year) | Law (173.41) provides standards of care that include:
| Facilities must be inspected prior to initial licensing and at least once every two years after that (173.41(6). | A person who operates without a required license may be fined not more than $10,000 or imprisoned for not more than 9 months or both. A person who violates this section or a rule may be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years. (173.41(15)). | |
Wyoming (none) |