SF 2292

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to animals; providing standards of care for dog and cat breeders;
authorizing rulemaking; appropriating money; 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 347.64, 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 347.64.
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 six 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. An adult cat is a cat 24 weeks of age or older. A kitten is a cat under 24
weeks of age.
new text end

new text begin Subd. 7. new text end

new text begin Confinement area. new text end

new text begin "Confinement area" means a structure used or
designed for use to restrict an animal to a limited amount of space, such as a room, pen,
cage, kennel, compartment, crate, or hutch.
new text end

new text begin Subd. 8. 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. An adult dog is a dog 24 weeks of age or older. A puppy is a dog under 24
weeks of age.
new text end

new text begin Subd. 9. new text end

new text begin Facility. new text end

new text begin "Facility" means the place used by a breeder for breeding animals,
and includes all buildings, property, confinement areas, and vehicles.
new text end

new text begin Subd. 10. 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 six adult intact female animals for
the purpose of breeding.
new text end

new text begin Subd. 11. 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 in its jurisdiction.
new text end

new text begin Subd. 12. 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. 13. new text end

new text begin Pet dealer. new text end

new text begin "Pet dealer" means a person, including a breeder, that is
required to collect sales tax for the sale of animals to the public. "Pet dealer" does not
include a humane society, nonprofit organization performing the functions of a humane
society, or local animal control authority.
new text end

new text begin Subd. 14. 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

new text begin Subd. 15. new text end

new text begin Veterinarian. new text end

new text begin "Veterinarian" means a veterinarian in good standing and
licensed in the state of Minnesota.
new text end

Sec. 3.

new text begin [347.58] LICENSING AND INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensing. new text end

new text begin (a) The board may grant an operating license to a breeder
and shall enforce sections 347.58 to 347.63. The board may delegate that authority to a
county or a city pursuant to a written agreement between the board and an authorized
official of the county or city. A delegated county or city shall provide a copy to the board
of any license issued to a breeder and shall retain a copy of each license issued by the
delegated county or city.
new text end

new text begin (b) Beginning January 1 of the year following adoption of the rules under section
347.59, a breeder shall obtain an annual license for each facility it owns or operates. More
than one building on the same premises is considered one facility. The initial license fee
and the annual license fee for each facility where a breeder possesses adult breeding
animals shall be established by the board, by rule.
new text end

new text begin (c) The board or its agent shall inspect a breeder's facility before an initial license is
issued. An initial prelicense inspection must be performed no more than 30 days before
filing a license application. The application must include an inspection certificate signed
by the inspector in a format approved by the board.
new text end

new text begin (d) The license application must indicate if a breeder operates under more than one
name from a single location or has an ownership interest in any other facility. License
holders must keep separate records for each business name.
new text end

new text begin (e) The application must include a notarized statement indicating;
new text end

new text begin (1) whether any license held by an applicant under this section or under any other
federal, state, county, or local law, ordinance, or other regulation relating to dealing in or
handling cats or dogs was ever suspended, revoked, or denied; and
new text end

new text begin (2) whether the applicant was ever convicted of animal cruelty.
new text end

new text begin The notarized statement must also indicate the number of adult animals that will be
kept, housed, and maintained by the applicant at the location that is the subject of the
application and the estimated number of puppies and kittens to be kept, housed, and
maintained during the term of the license.
new text end

new text begin (f) An application from a partnership, corporation, or limited liability company must
include the name and address of all partners, directors, officers, or members and must
include a notation of any partners, directors, officers, members, or others authorized to
represent the partnership, corporation, or limited liability company.
new text end

new text begin (g) A nonresident applicant must consent to adjudication of any violation under the
laws of the state of Minnesota and in Minnesota courts.
new text end

new text begin (h) A license issued under this section is not transferable.
new text end

new text begin (i) License holders shall apply for license renewal annually by submitting a renewal
application on a form approved by the board. All license renewal applications must be
postmarked by January 1 of each year. Late renewals are subject to a 50 percent penalty
fee. If a license is not renewed by February 1, the license holder must reapply for an
initial license.
new text end

new text begin (j) A breeder shall submit to the board an annual report by February 1 on a form
prepared by the board. The form must include the current number of cats and dogs at the
facility on the date of the report, the number of animals during the preceding year that
were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased from
other causes, and any other information required by the board.
new text end

new text begin (k) If a breeder is required to be licensed by the United States Department of
Agriculture, the initial application must include United States Department of Agriculture
inspection reports and records for the past five years for any facility owned or operated by
that breeder. All license renewals must attach United States Department of Agriculture
inspection reports and records for the preceding year.
new text end

new text begin (l) A breeder shall prominently display the breeder's license at each facility.
new text end

new text begin (m) A breeder shall notify the board by certified mail within ten days of any change
in address, name, management, or substantial control and ownership of the business or
operation.
new text end

new text begin (n) The board shall refuse to issue an initial license when a breeder:
new text end

new text begin (1) fails to meet the standards for the breeder under section 347.59;
new text end

new text begin (2) has been convicted of cruelty to animals under Minnesota law or under the
law of another jurisdiction;
new text end

new text begin (3) has had a similar license by another authority, either federal or state, denied,
revoked, or suspended; or
new text end

new text begin (4) has falsified any material information requested by the board.
new text end

new text begin (o) A person who has been an officer, agent, direct family member, or employee
of a breeder whose license was revoked or suspended and who was responsible for or
participated in the violation that was a basis for the revocation or suspension may not be
licensed while the revocation or suspension is in effect.
new text end

new text begin Subd. 2. new text end

new text begin Inspections. new text end

new text begin (a) The board or its designated agent shall inspect each
licensed facility at least annually. The inspection must be during normal business hours
and with the breeder or an agent of the breeder present. Notice is not required before an
inspection. The inspector shall submit an inspection report to the board within ten days of
each inspection on a form prepared by the board. The inspection report form must list
separately each standard established under section 347.59 and must require the inspector
to document whether the facility complies with each standard. The inspection report form
must document the animal inventory on the date of the inspection.
new text end

new text begin (b) The board may request a veterinarian not affiliated with the breeder, a peace
officer, a local animal control authority, or a humane agent to assist in an inspection or
investigation.
new text end

new text begin (c) If a license to operate is suspended, revoked, or denied, the board, a local animal
control authority, or humane agent shall have access to the facility during normal business
hours to verify that it is not operating.
new text end

Sec. 4.

new text begin [347.59] STANDARDS OF CARE; RULES AND REGULATIONS.
new text end

new text begin (a) A breeder licensed by the United States Department of Agriculture must comply
with all federal standards and regulations governing the license holder.
new text end

new text begin (b) By December 15, 2009, the board shall adopt rules for standards of care for dogs
and cats that apply to breeders who are not licensed by the United States Department of
Agriculture. The rules must include standards for:
new text end

new text begin (1) providing animals with uncontaminated, palatable, and wholesome food and
water suitable for the species, at a frequency and amount appropriate for the animal's
species, condition, and age to maintain proper and healthy weight. Animals must be
offered food at least once every 24 hours and free access to water;
new text end

new text begin (2) structural integrity and structural conditions that provide a safe and sound
environment for the animals, that is free of sharp or jagged edges, and provides for
restrictions on vermin;
new text end

new text begin (3) outdoor confinement area requirements to include compliance with section
343.21, subdivision 2, at least one shelter structure per animal large enough to allow the
animal in the shelter to sit, stand, and lie in a normal manner, and outdoor confinement
requirements as to age, health, and breed, including a prohibition on cats being housed in
outdoor confinement areas;
new text end

new text begin (4) indoor confinement area within a facility, including dimensions based on the
size and type of animal, including a prohibition on animals being tethered or leashed as
a means of confinement;
new text end

new text begin (5) construction and materials of confinement area flooring, walls, and ceilings,
including a percentage of solid floor surface areas;
new text end

new text begin (6) confinement area ventilation to provide the free movement of air in and around
the confinement area;
new text end

new text begin (7) suitable methods to eliminate all feces and excess fluids from confinement areas
on a daily basis, impervious surfaces disinfected weekly, including requirements for the
removal of animals from a confinement area when a hose or pressure washer is used;
new text end

new text begin (8) the proper temperature for indoor confinement areas to protect the health and
well-being of the animals based on the age, breed, physical condition, and type of animal;
new text end

new text begin (9) housing facility requirements to minimize odors, drafts, ammonia levels, and
condensation;
new text end

new text begin (10) indoor confinement area lighting to allow observation of the physical condition
of the animals housed in the area and to permit routine inspection and cleaning;
new text end

new text begin (11) the type, number, and placement of adequate fire extinguishers, smoke detectors,
and carbon monoxide detectors for indoor confinement areas;
new text end

new text begin (12) sanitation practices, including bedding, the prevention of food and water
from contamination, the isolation of animals with infectious or contagious diseases, and
requiring employees to disinfect hands and shoes after handling isolated animals;
new text end

new text begin (13) the provision of exercise areas to allow all animals at least eight weeks of age
and older the opportunity for exercise at least once a day and, if exercised in groups, must
be compatible and free of illness;
new text end

new text begin (14) group housing and breeding requirements for males and females, to include
prohibiting the housing of females in estrus with unneutered males, except for breeding
purposes;
new text end

new text begin (15) daily socialization with human beings and compatible animals requirements;
new text end

new text begin (16) the conditions for care of puppies and kittens, including the conditions for them
remaining with their mother, the ambient temperature of a confinement area, structure
size, and socialization by physical contact with other compatible animals of the same or
like breed and human beings, including a prohibition on animals being sold, traded, or
given away before the age of eight weeks;
new text end

new text begin (17) the handling and treatment of animals for disease, parasite, and pest control,
including requirements for care by a veterinarian and the requirements for individual
written health records;
new text end

new text begin (18) identification and tracking requirements for animals, which are not transferable;
new text end

new text begin (19) the handling of animals to prevent trauma, behavioral stress, physical harm, or
discomfort to the animal;
new text end

new text begin (20) adequate staffing, including the number of staff required, training requirements
for staff in animal welfare and care, and proper supervision;
new text end

new text begin (21) prohibiting employees or independent contractors who have been convicted of
cruelty to animals under the law of any jurisdiction;
new text end

new text begin (22) animals during transportation that provide for the safety and well-being of the
animals transported, to include food, water, exercise, cage size and structure, temperature,
observation, females in estrus, including a prohibition on selling, or transporting or cause
to be transported into, out of, or within the state an animal under eight weeks of age for the
purpose of direct or indirect sale or for exchange in return for consideration;
new text end

new text begin (23) compliance with applicable standards that regulate the sale of cats and dogs,
under sections 325F.79 to 325F.792; and
new text end

new text begin (24) additional standards the board considers necessary to protect the public health
and welfare of animals covered under sections 347.57 to 347.61.
new text end

Sec. 5.

new text begin [347.60] INVESTIGATIONS.
new text end

new text begin The board, a local animal control authority, peace officer, or humane agent may
initiate an investigation upon receiving a formal complaint alleging violations of section
347.58 or 347.59.
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, a peace officer, or a humane agent may
seize an animal for a violation of section 347.58 or 347.59 that threatens the health and
welfare of the animal. The board, local animal control authority, peace officer, or humane
agent that seizes an animal shall follow the procedures set forth in section 343.235,
concerning the disposition of the animal seized.
new text end

Sec. 7.

new text begin [347.62] CIVIL ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Correction orders. new text end

new text begin (a) The board may issue a correction order
requiring a breeder to correct a violation of federal and state statutes, rules, and regulations
governing breeding facilities. The correction order must state the deficiencies that
constitute the violation; the specific statute, rule, or regulation violated; and when the
violation must be corrected.
new text end

new text begin (b) A breeder may ask the board to reconsider any portion of the correction order that
the breeder believes is in error. The request for reconsideration must be made in writing
by certified mail within seven days after receipt of the correction order. The request for
reconsideration does not stay the correction order. The board must respond to the request
for reconsideration within 15 days after receiving a request. The board's disposition of a
request for reconsideration is final. The board may extend the time for complying with a
correction order after receiving a request for reconsideration if necessary.
new text end

new text begin (c) The board shall reinspect the facility within 15 days after the time for correcting
the violation has passed to determine whether the violation has been corrected.
new text end

new text begin Subd. 2. new text end

new text begin Administrative penalty orders. new text end

new text begin After the inspection required under
subdivision 1, paragraph (c), the board may issue an order requiring violations to
be corrected and administratively assessing monetary penalties for violations. The
administrative penalty order must include a citation of the statute, rule, or regulation
violated; a description of the violation; and the amount of the penalty for each violation. A
single correction order may be assessed a maximum $10,000 administrative penalty.
new text end

new text begin Subd. 3. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, the
board may bring an action for injunctive relief in the district court in Ramsey County or in
the county in which a violation of the statutes, rules, or regulations governing the breeding
of cats and dogs occurred to enjoin the violation.
new text end

new text begin Subd. 4. new text end

new text begin Cease and desist. new text end

new text begin The board may issue an order to cease a practice if its
continuation would result in an immediate risk to animal welfare or public health. An
order issued under this subdivision is effective for a maximum of 72 hours. The board or
its designated agent must seek an injunction or take other administrative action authorized
by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
does not preclude other enforcement action by the board.
new text end

new text begin Subd. 5. new text end

new text begin Refusal to reissue a license; suspension and revocation of a license.
new text end

new text begin (a) The board may suspend, revoke, or refuse to renew a license as follows:
new text end

new text begin (1) for failure to comply with a correction order;
new text end

new text begin (2) for failure to pay an administrative penalty;
new text end

new text begin (3) for failure to meet a standard of care rule or regulation required by section 347.59;
new text end

new text begin (4) for violating any other provision of section 347.58 or 347.59; or
new text end

new text begin (5) for falsifying information requested by the board.
new text end

new text begin A license suspension, revocation, or nonrenewal may be appealed through the Office of
Administrative Hearings. A notice of intent to appeal must be filed in writing with the
board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
new text end

new text begin (b) The board shall revoke a license if a breeder or any agent of a breeder has been
convicted of cruelty to animals under Minnesota law or the law of another jurisdiction, or
for the denial, revocation, or suspension of a similar license by another federal or state
authority. A license revocation under this subdivision may be appealed through the Office
of Administrative Hearings. A notice of intent to appeal must be filed in writing with the
board within 20 days after receipt of the notice of revocation.
new text end

new text begin (c) A breeder whose license is revoked shall not reapply for licensure for two years
after the date of revocation. The license is permanently revoked if the basis for the
revocation was a gross misdemeanor or felony conviction for animal cruelty.
new text end

new text begin (d) A breeder whose license is suspended or revoked three times is permanently
barred from licensure.
new text end

new text begin Subd. 6. new text end

new text begin Administrative hearing rights. new text end

new text begin (a) Except as provided in paragraph (b), if
the board proposes to refuse to renew, suspend, or revoke a license, the board must first
notify the breeder in writing of the proposed action and provide an opportunity to request a
hearing under the contested case provisions of chapter 14. If the breeder does not request
a hearing within 20 days after receipt of the notice of the proposed action, the board may
proceed with the action without a hearing.
new text end

new text begin (b) The contested case provisions of chapter 14 do not apply when the board denies
a license based on an applicant's failure to meet the minimum qualifications for licensure.
new text end

new text begin (c) A breeder may appeal the amount of an administrative penalty order through
the Office of Administrative Hearings following the procedures set forth in chapter 14.
A breeder wishing to file an appeal must notify the board in writing within 20 days after
receipt of the administrative penalty order.
new text end

new text begin Subd. 7. new text end

new text begin Other jurisdictions. new text end

new text begin The board may accept as prima facie evidence of
grounds for an enforcement action under this section any enforcement or disciplinary
action from another jurisdiction, if the underlying violation would be grounds for a
violation under the provisions of this section.
new text end

new text begin Subd. 8. new text end

new text begin Appeals. new text end

new text begin A final order by the board may be appealed to the Minnesota
Court of Appeals.
new text end

Sec. 8.

new text begin [347.63] PENALTIES.
new text end

new text begin (a) Except as provided in paragraph (b), a violation of section 347.58 or 347.59, or
rules adopted under section 347.59, is a misdemeanor.
new text end

new text begin (b) A violation of section 347.58 or 347.59, or rules adopted under section 347.59,
that results in cruelty or torture to an animal, as those terms are defined in section 343.20,
subdivision 3, is subject to the penalties in section 343.21, subdivisions 9 and 10.
new text end

new text begin (c) It is a misdemeanor for a broker or pet dealer to knowingly purchase or trade a
dog or cat for the purpose of resale or trade to another person from a person required to be
licensed but who does not have a valid license.
new text end

new text begin (d) It is a misdemeanor for a pet dealer who is not the breeder of any animal to
knowingly possess an animal under the age of eight weeks. This restriction does not
apply to humane societies, nonprofit organizations performing the functions of a humane
society, or a local animal control authority.
new text end

new text begin (e) It is a misdemeanor to falsify information in a license application, annual report,
or records.
new text end

new text begin (f) It is a misdemeanor for an unlicensed breeder to advertise animals for sale.
new text end

Sec. 9.

new text begin [347.64] DOG AND CAT BREEDERS LICENSING ACCOUNT;
APPROPRIATION.
new text end

new text begin A dog and cat breeders licensing account is created in the special revenue fund.
All fees and penalties collected by the board under sections 347.58 to 347.63 must be
deposited in the state treasury and credited to the dog and cat breeders licensing account
in the special revenue fund. Money in the account, including interest on the account, is
annually appropriated to the board to administer those sections.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective the day following final enactment.
new text end