SF 201

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am

A bill for an act
relating to animals; providing for registration and standards of care for dog and
cat breeders; imposing penalties; 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 Minnesota Statutes, sections 347.57 to 347.62, may be cited as the "Dog and Cat
Breeders Act."
new text end

Sec. 2.

new text begin [347.57] 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 347.57
to 347.62.
new text end

new text begin Subd. 2. new text end

new text begin Animal. new text end

new text begin "Animal" means a dog or a cat.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Animal Health.
new text end

new text begin Subd. 4. new text end

new text begin Breeder. new text end

new text begin "Breeder" means a person, other than a hobby breeder, who
possesses animals and is engaged in the business of breeding animals for direct or indirect
sale or for exchange in return for consideration, and who possesses 20 or more adult intact
female animals for the purpose of breeding.
new text end

new text begin Subd. 5. new text end

new text begin Broker. new text end

new text begin "Broker" means a person, firm, partnership, corporation, or
association that purchases animals for resale to other brokers or pet dealers.
new text end

new text begin Subd. 6. new text end

new text begin Cat. new text end

new text begin "Cat" means a mammal that is wholly or in part of the species Felis
domesticus.
new text end

new text begin Subd. 7. new text end

new text begin Dog. new text end

new text begin "Dog" means a mammal that is wholly or in part of the species
Canis familiaris.
new text end

new text begin Subd. 8. new text end

new text begin Hobby breeder. new text end

new text begin "Hobby breeder" means a person who possesses animals
and is engaged in the business of breeding animals for direct sale or for exchange in
return for consideration, and who possesses fewer than ten adult intact female animals for
the purpose of breeding.
new text end

new text begin Subd. 9. new text end

new text begin Local animal control authority. new text end

new text begin "Local animal control authority" means
an agency of the state, county, municipality, or other political subdivision of the state that
is responsible for animal control operations or feedlots in its jurisdiction.
new text end

new text begin Subd. 10. new text end

new text begin Person. new text end

new text begin "Person" means a natural person, firm, partnership, corporation,
or association, however organized.
new text end

new text begin Subd. 11. new text end

new text begin Possess. new text end

new text begin "Possess" means to have custody of or have control over.
new text end

Sec. 3.

new text begin [347.58] REGISTRATION.
new text end

new text begin (a) By March 1, 2010, and every four years thereafter, a breeder must notify in
writing the local animal control authority using a registration form prepared by the
Minnesota Animal Control Association and approved by the Board of Animal Health. The
notification must include the person's name, address, telephone number, and a complete
inventory of each breeding animal that the person possesses. The local animal control
authority shall provide the breeder with a copy of the standards of care required under
section 347.59.
new text end

new text begin (b) A local animal control authority may charge a reasonable fee for registration
of breeders. If the local animal control authority performs inspections, the registration
fee may include an amount to cover the cost of inspection.
new text end

Sec. 4.

new text begin [347.59] STANDARDS OF CARE.
new text end

new text begin (a) A breeder may choose to comply with the standards for the humane handling,
care, treatment, and transportation of the United States Department of Agriculture, as
provided in the Code of Federal Regulations, title 9, part 3, sections 3.1 to 3.19, or comply
with the best care standards for dogs and cats issued by the commissioner of agriculture
under section 346.58.
new text end

new text begin (b) A breeder shall comply with all applicable state and federal laws governing
the treatment of animals.
new text end

Sec. 5.

new text begin [347.60] INVESTIGATIONS; CORRECTION OF VIOLATIONS.
new text end

new text begin (a) The board, a local animal control authority, a peace officer, or a feedlot inspector
may initiate an investigation upon receiving a formal complaint alleging violation of
section 347.59.
new text end

new text begin (b) To the extent practicable, within 30 days after notification, a breeder must correct
any violations of section 347.59 found during the investigation. The local animal control
authority may allow additional time to correct violations based on weather, construction
schedules, financial considerations, or other reasons.
new text end

Sec. 6.

new text begin [347.61] SEIZURE, NOTICE, BONDING.
new text end

new text begin The board, a local animal control authority, or a peace officer may seize an animal
for a violation of section 347.59 that was not corrected during the 30-day period under
section 347.60, paragraph (b), if the violation threatens the health and welfare of the
animal. The board, local animal control authority, or peace officer that seizes an animal
shall follow the procedures in section 343.235 concerning the disposition of the animal
seized. Seizure is limited to affected animals.
new text end

Sec. 7.

new text begin [347.62] PENALTIES.
new text end

new text begin A person who violates section 347.58 or 347.59 is guilty of a misdemeanor.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective January 1, 2010.
new text end