SF 1970

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating sales of certain
birds; imposing a civil penalty; proposing coding for
new law in Minnesota Statutes, chapter 346.

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

Section 1.

new text begin [346.401] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to sections 346.401 to 346.405.
new text end

new text begin Subd. 2. new text end

new text begin Bird. new text end

new text begin "Bird" means any order of Psittaciformes
bird.
new text end

new text begin Subd. 3. new text end

new text begin Bird mart. new text end

new text begin "Bird mart" means an event at which
two or more persons offer birds for sale or exchange or where a
fee is charged for the privilege of offering or displaying birds.
new text end

new text begin Subd. 4. new text end

new text begin Hand feeding. new text end

new text begin "Hand feeding" means the process
by which a bird is manually fed by a human through the use of
hand, spoon, or oral gavage.
new text end

new text begin Subd. 5. new text end

new text begin Pet shop. new text end

new text begin "Pet shop" means a retail pet shop
location primarily engaged in selling pets, pet foods, or pet
supplies.
new text end

new text begin Subd. 6. new text end

new text begin Time of sale. new text end

new text begin "Time of sale" means the calendar
date a retail purchaser removed a bird from the premises of a
pet shop following the retail sale of that bird.
new text end

new text begin Subd. 7. new text end

new text begin Unweaned. new text end

new text begin "Unweaned" means a bird requires hand
feeding or animal assistance to sustain at least 90 percent of
its own weight for at least two weeks.
new text end

new text begin Subd. 8. new text end

new text begin Vendor. new text end

new text begin "Vendor" means a person or entity
including, but not limited to, a broker, agent, aviary, or
breeder, who sells birds directly to the retail purchaser at a
bird mart or at a swap meet.
new text end

new text begin Subd. 9. new text end

new text begin Weaned. new text end

new text begin "Weaned" means a bird does not require
hand feeding or animal assistance to sustain at least 90 percent
of its own weight following the time of sale, notwithstanding
any illness or injury.
new text end

Sec. 2.

new text begin [346.402] SALE OF UNWEANED BIRDS.
new text end

new text begin (a) A pet shop must not be in possession of a bird or sell
a bird unless the bird is weaned.
new text end

new text begin (b) A vendor may not sell a bird at a swap meet or bird
mart unless the bird is weaned.
new text end

new text begin (c) At the time of sale, a pet shop location or vendor must
document the weight of any hand fed bird under one year of age
and note the weight on the sales receipt.
new text end

Sec. 3.

new text begin [346.403] RECORDS.
new text end

new text begin A pet shop or vendor must maintain a written record on the
health, disposition, and age at time of acquisition and at sale
of each bird for at least one year after disposition of the
bird. These records must be available to humane officers,
animal control officers, and law enforcement officers for
inspection during normal business hours.
new text end

Sec. 4.

new text begin [346.404] EXEMPTIONS.
new text end

new text begin Sections 346.401 to 346.405 do not apply to animal shelters
or to publicly operated animal regulation departments.
new text end

Sec. 5.

new text begin [346.405] PENALTIES; EFFECT.
new text end

new text begin (a) A person violating sections 346.401 to 346.405 is
subject to a civil penalty of up to $1,000 per violation. The
action may be prosecuted in the name of the people of the state
by the district attorney for the county where the violation
occurred in the appropriate court or by the city attorney in the
city where the violation occurred.
new text end

new text begin (b) Nothing in sections 346.401 to 346.405 limits or
authorizes any act or omission that violates the state's
anticruelty laws.
new text end

new text begin (c) Nothing in sections 346.401 to 346.405 authorizes the
seizure of an unweaned bird by a peace officer, officer of a
humane society or animal shelter, or officer of an animal
regulation department of a public agency.
new text end