HF 573

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to companion animals; creating a required permit for certain dog and cat
breeders; proposing coding for new law in Minnesota Statutes, chapter 347.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CITATION.
new text end

new text begin Sections 2 to 5 may be cited as the Minnesota Puppy and Kitten Mill Cruelty
Prevention Act.
new text end

Sec. 2.

new text begin [347.60] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin The definitions in this section apply to sections 347.65
to 347.70.
new text end

new text begin Subd. 2. new text end

new text begin Animal cruelty. new text end

new text begin "Animal cruelty" means causing or allowing unnecessary
pain, suffering, or unjustifiable injury or death to a cat or dog and includes any act
prohibited under chapter 343, section 346.39, or any other statute that prohibits cruelty
to cats or dogs.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Animal Health or its agents.
new text end

new text begin Subd. 4. new text end

new text begin Commercial breeder. new text end

new text begin "Commercial breeder" means a person who
produces puppies or kittens for sale and who owns, houses, possesses, or maintains an
ownership interest in 40 or more cats or dogs older than nine months of age and capable of
breeding.
new text end

new text begin Subd. 5. new text end

new text begin Imminent danger. new text end

new text begin "Imminent danger" means conditions or practices that
exist on a premises which could reasonably be expected to cause death or serious physical
harm to an animal immediately or before the imminence of such danger can be eliminated
through the enforcement procedures otherwise provided in sections 347.65 and 347.70.
new text end

new text begin Subd. 6. new text end

new text begin Minimum requirements. new text end

new text begin "Minimum requirements" means the standards
contained in the most recent set of best management standards for care of dogs and cats by
dealers, commercial breeders, and brokers as set forth by the commissioner of agriculture
and the standards contained in the most recent edition of the Animal and Plant Health
Inspection Service's Animal Care Dealer Inspection Manual.
new text end

new text begin Subd. 7. new text end

new text begin Neglect. new text end

new text begin "Neglect" has the meaning provided in section 346.36,
subdivision 5.
new text end

Sec. 3.

new text begin [347.65] COMMERCIAL BREEDER PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Permit. new text end

new text begin A commercial breeder must hold a valid permit issued by
the board. A commercial breeder must apply for a permit annually on forms provided by
the board and must submit all information required by the board.
new text end

new text begin Subd. 2. new text end

new text begin Fees. new text end

new text begin A commercial breeder must submit an application and inspection fee
along with a completed permit application. If the board approves the permit application,
the commercial breeder must pay an additional annual permit fee before the board may
grant or renew a permit. The board must establish a per animal rate for each fee so as to
fully cover the board's reasonable administration and inspection costs and to make grants
to local units of government under subdivision 8. The board's rate setting activities are
exempt from all rulemaking requirements in chapter 14.
new text end

new text begin Subd. 3. new text end

new text begin Commercial breeder account. new text end

new text begin The commercial breeder account is
established as an account in the agricultural fund. All fee receipts and penalties collected
under this section or section 347.70 must be deposited in the agricultural fund and credited
to the commercial breeder account. The money in the account is continuously appropriated
to the board to pay for the activities required by this section and section 347.70.
new text end

new text begin Subd. 4. new text end

new text begin Application review, inspection. new text end

new text begin (a) Before the board may approve a
new or renewal permit application, it must:
new text end

new text begin (1) verify that the application is complete and the applicant has paid in full the
appropriate fees;
new text end

new text begin (2) perform a criminal background check on the applicant; and
new text end

new text begin (3) within two months of receiving a completed application and obtaining the
criminal background report or reports, perform an unannounced inspection of the
applicant's place of business or places of business as authorized in paragraph (b).
new text end

new text begin (b) The board, upon presentation of official credentials, must be granted immediate
access at reasonable times to the place of business or places of business listed on a
person's application for a new or renewal commercial breeder permit. The board must
enter each premises and verify via inspection that the applicant is in full compliance with
the minimum requirements as well as all applicable animal cruelty laws.
new text end

new text begin Subd. 5. new text end

new text begin Application denial. new text end

new text begin The board may not issue a permit to an applicant who:
new text end

new text begin (1) failed to satisfy the requirements in subdivision 4;
new text end

new text begin (2) was convicted of a crime of animal cruelty or of violating a law in another state
that prohibits the cruel treatment of cats or dogs; or
new text end

new text begin (3) proposes to commence a new commercial breeder operation and fails to satisfy
the minimum requirements after three permit applications and unannounced board
inspections during any 12-month period.
new text end

new text begin Subd. 6. new text end

new text begin Appeal and reapplication. new text end

new text begin (a) If the board denies a person a permit due to
findings of animal cruelty or failure to satisfy the minimum requirements as documented
during an unannounced inspection, the applicant has 30 days from receipt of notice from
the board to appeal the decision as provided under section 347.70 or address all issues
cited in the board's denial notice and reapply to the board for a permit.
new text end

new text begin (b) A denied applicant may apply a total of three times in a 12-month period and
must submit a new application along with the required administration and inspection fee
each time. The board must perform an unannounced inspection to verify that the applicant
has achieved full compliance with the minimum requirements and addressed all issues
documented during any previous inspection to the satisfaction of the board.
new text end

new text begin (c) If the board discovers during an inspection that the applicant has failed to
adequately address any prior documented issue, the board must deny the applicant a
permit and may assess a fine as provided in section 347.70, paragraph (b). The applicant
has 30 days from receipt of the notice of permit denial to request in writing that the board
initiate a contested case hearing under chapter 14. Upon receipt of the request, the board
must initiate a contested case hearing and the ruling by an administrative law judge as to
whether the board must grant a permit is final. If the administrative law judge determines
that the board was correct to deny a permit to an applicant, the applicant may reapply
according to the terms of paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Failure to address inspection findings; depopulation order. new text end

new text begin (a) The
board must notify the appropriate law enforcement agency of each documented finding of
animal cruelty and must serve the applicant a mandatory animal depopulation order if:
new text end

new text begin (1) an applicant denied a permit does not address each documented board finding
and reapply for a permit within 30 days of the board's decision to deny the permit based
on the results of an inspection;
new text end

new text begin (2) the board denies an applicant's permit application three times in a 12-month
period; or
new text end

new text begin (3) the board's inspection identifies cats or dogs that are in imminent danger due to
animal cruelty or neglect.
new text end

new text begin (b) An applicant who is served a mandatory animal depopulation order must
depopulate a sufficient number of animals so as to possess no more than 39 cats or dogs of
breeding age. The appropriate local unit of government, upon request of the board, must
perform an unannounced inspection to verify compliance with the order and in the event
of noncompliance must confiscate a sufficient number of animals so that the applicant
possesses no more than 39 cats or dogs of breeding age.
new text end

new text begin (c) In the case of paragraph (a), clause (3), the board must immediately contact
the appropriate law enforcement agency and order confiscation of the affected cats and
dogs as soon as possible.
new text end

new text begin Subd. 8. new text end

new text begin Enforcement grants to local units of government. new text end

new text begin The board must
reimburse local units of government fully or partially for costs incurred by the local unit
of government to perform the inspections and depopulations required under subdivision 7,
paragraphs (b) and (c). A local unit of government seeking a reimbursement grant must
apply to the board on forms provided by the board.
new text end

Sec. 4.

new text begin [347.70] PENALTIES AND APPEALS.
new text end

new text begin (a) The board may seek to remedy violations of this section and section 347.65 by
authorizing the executive director to issue a written warning, administrative meeting,
cease and desist, stop-sale, or other special order, seizure, stipulation, or agreement, if the
board determines that the remedy is in the public interest.
new text end

new text begin (b) A person who violates this section is subject to an administrative fine of up to
$10,000 as determined by the board.
new text end

new text begin (c) After service of an order or notice of a fine, a person has 30 days from the date of
receipt to notify the board in writing that the person intends to contest the order or fine.
If the person fails to notify the board that the person intends to contest the order or fine,
the order or fine is final and not subject to further judicial or administrative review. If a
person notifies the board that the person intends to contest an order or fine within 30 days
of receipt, the board must initiate a contested case hearing in accordance with chapter 14.
new text end

Sec. 5. new text begin INSPECTIONS PERFORMED DURING THE FIRST CALENDAR
YEAR.
new text end

new text begin Notwithstanding Minnesota Statutes, section 347.65, subdivision 4, paragraph (a),
clause (3), in the first calendar year after the effective date of that section, the board may
make its initial unannounced inspection of a commercial breeder applicant within 12
months after receipt of a completed permit application. In that first year, a commercial
breeder who applies for a permit may continue to legally operate until the board has
issued its final permitting decision.
new text end