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SF 121

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

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to animals; providing standards of care for dog and cat breeders;
appropriating money; amending Minnesota Statutes 2006, sections 343.235,
subdivisions 1, 3; 347.10; proposing coding for new law in Minnesota Statutes,
chapter 347.

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

ARTICLE 1

DOG AND CAT BREEDERS ACT

Section 1. new text beginCITATION.
new text end

new text begin Minnesota Statutes, sections 347.57 to 347.65, 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 347.65.
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 breeding female animals.
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 20 weeks of age or older. A kitten is a cat under 20
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 20 weeks of age or older. A puppy is a dog under 20
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 breeding female animals.
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 own, have an ownership interest in, care
for, 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 347.64. 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.
new text end

new text begin (b) 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 annual
license fee for each facility where a breeder possesses adult breeding animals is as follows:
new text end

new text begin (1) fewer than 50 animals, $75;
new text end

new text begin (2) 50 to 100 animals, $200;
new text end

new text begin (3) 101 to 150 animals, $300; or
new text end

new text begin (4) more than 150 animals, $400.
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 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; whether the applicant was ever convicted of
animal cruelty; and whether the applicant was ever convicted of a felony. A felony
conviction may be taken into account but is not a bar to licensure, unless it is for cruelty
to animals. 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 or corporation must include the name and
address of each partner or the name and address of each corporate director and officer. The
application must also include a list of all partners, directors, officers, or others authorized
to represent the partnership or corporation.
new text end

new text begin (g) Foreign corporations must be authorized to do business in the state of Minnesota
and must be in good standing with the secretary of state. 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 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 (USDA), the initial application must include USDA inspection reports and
records for the past five years for any facility owned or operated by that breeder. All
license renewals must attach USDA 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:
new text end

new text begin (1) if a breeder fails to meet the standards in section 347.59;
new text end

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

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

new text begin (4) for falsification of 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 board shall prepare an inspection
report form and make it available to the public within 60 days after the effective date of
this section. The inspection report form must list separately each standard set forth in
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 veterinarian assisting in an inspection or investigation determines there is a
substantial risk to the health and welfare of an animal at a licensed facility, including, but
not limited to, disease or pain, the veterinarian may humanely euthanize the animal at the
expense of the breeder.
new text end

new text begin (d) 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.
new text end

new text begin Subdivision 1. new text end

new text begin State standards. new text end

new text begin Subdivisions 2 to 24 apply to breeders. A breeder
shall comply with the standards of care in subdivisions 2 to 24.
new text end

new text begin Subd. 2. new text end

new text begin Food and water. new text end

new text begin (a) Animal food must meet or exceed Association of
American Feed Control Officials standards. Animals must be provided uncontaminated,
palatable, wholesome food 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 12 hours.
new text end

new text begin (b) Animals must be provided free access to clean, fresh, potable water in a sanitary
manner at all times.
new text end

new text begin Subd. 3. new text end

new text begin Outdoor confinement areas. new text end

new text begin (a) Outdoor confinement areas must include:
new text end

new text begin (1) at least one shelter structure per animal large enough to allow the animal in the
shelter structure to sit, stand, and lie in a normal manner; and
new text end

new text begin (2) at least one outside area of shade separate from the shelter structure large enough
to contain all the animals at once and protect them from the direct rays of the sun year
round.
new text end

new text begin (b) Shelter structures in outdoor confinement areas must:
new text end

new text begin (1) contain a roof, four sides, a floor raised at least two inches off the ground, and
clean, dry bedding material; and
new text end

new text begin (2) provide adequate protection and shelter from cold and heat; protection from the
direct effect of wind, rain, or snow; and a windbreak at the entrance between November 1
and March 31.
new text end

new text begin (c) Building surfaces in contact with animals must be impervious to moisture.
new text end

new text begin (d) Barrels, cars, refrigerators, freezers, and the like may not be used as shelter
structures.
new text end

new text begin (e) Animals may not be tethered or leashed as a means of confinement.
new text end

new text begin (f) Cats may not be housed in outdoor confinement areas under any circumstances.
new text end

new text begin (g) The following categories of dogs may not be housed in outdoor confinement
areas:
new text end

new text begin (1) breeds, such as short-haired breeds, that cannot tolerate the prevalent
temperatures of the area without stress or discomfort;
new text end

new text begin (2) sick, infirm, or aged dogs and dogs younger than 20 weeks of age;
new text end

new text begin (3) dogs not acclimated to the temperatures prevalent in the region where the facility
is located; and
new text end

new text begin (4) dogs for which acclimation status is unknown, if the ambient temperature in
outdoor confinement areas is less than 50 degrees Fahrenheit.
new text end

new text begin Subd. 4. new text end

new text begin Indoor confinement areas. new text end

new text begin (a) If an animal is maintained in a confinement
area within a facility, each confined animal must be provided a minimum square footage
of floor space as follows:
new text end

new text begin (1) except for a nursing mother and her kittens, each cat must be individually housed
in a confinement area measuring a minimum of nine cubic feet;
new text end

new text begin (2) each dog that weighs more than 50 pounds must be provided a minimum of four
feet by eight feet, or 32 square feet of floor space;
new text end

new text begin (3) each dog that weighs 21 to 50 pounds must be provided a minimum of four feet
by six feet, or 24 square feet of floor space; and
new text end

new text begin (4) each dog that weighs less than 21 pounds must be provided a minimum of three
feet by five feet, or 15 square feet of floor space.
new text end

new text begin (b) Animals may not be tethered or leashed as a means of confinement.
new text end

new text begin Subd. 5. new text end

new text begin Structure. new text end

new text begin All confinement areas must be structurally sound, in good
repair, contain animals securely, and restrict vermin from entering. All confinement
areas must be free of objects with sharp or jagged edges. All confinement areas must be
physically separate from animals other than dogs and cats, such as fur-bearing animals,
rabbitries, poultry areas, and the like.
new text end

new text begin Subd. 6. new text end

new text begin Surface area. new text end

new text begin Confinement area flooring, walls, and ceilings must be
constructed of smooth plastic-coated wire of eight gauge or larger, or smooth, durable,
impermeable material suitable for animals. At least 25 percent of the floor surface areas
must be solid. The mesh or grid must be of a suitable size to prevent feet from passing
through the openings. Sufficient space or barriers must be provided between confinement
areas to ensure that no liquid or solid waste, water, or food passes from one confinement
area to the other. Confinement areas must be ventilated sufficiently to allow the free
movement of air in and around the confinement area. All outdoor confinement area
flooring must be impermeable material or well-drained aggregate. Any surface that an
animal might contact must be free of jagged edges, sharp points, and rust that prevents
proper cleaning or that affects structural strength.
new text end

new text begin Subd. 7. new text end

new text begin Drainage. new text end

new text begin A suitable method must be used to eliminate all feces and
excess fluids from confinement areas daily. Animals must be removed from a confinement
area when a hose or pressure washing is used and must not be returned to that area until
the area is dry. All waste drainage and waste material must be disposed of using a method
prescribed by applicable building or health codes.
new text end

new text begin Subd. 8. new text end

new text begin Temperature. new text end

new text begin Indoor confinement areas must be sufficiently heated and
cooled to protect the animals from temperature and humidity extremes and to provide for
their health and well-being. Except as provided in subdivision 16, paragraph (b), the
ambient temperature one foot above floor level in indoor confinement areas must not fall
below 50 degrees Fahrenheit for those breeds of animals, such as short-haired breeds,
that cannot tolerate lower temperatures without stress or discomfort; for sick, aged, or
infirm animals; and for puppies and kittens. For healthy animals of breeds not mentioned
above, the ambient temperature one foot above floor level must not fall below 45 degrees
Fahrenheit for more than two hours. The ambient temperature one foot above floor level
in indoor confinement areas must not rise above 80 degrees Fahrenheit for any animal.
Heating and cooling units must be of a type and installation approved by applicable
building or safety codes.
new text end

new text begin Subd. 9. new text end

new text begin Ventilation. new text end

new text begin Housing facilities must be ventilated in a manner that
minimizes odors, drafts, ammonia levels, and condensation. Auxiliary ventilation, such as
exhaust fans, vents, air conditioning, or a combination of those items, must be used when
the ambient temperature reaches 80 degrees Fahrenheit one foot above floor level. The
ventilation system must be of a type and installation approved by applicable building or
safety codes. Relative humidity must be maintained at a level that maintains the health
and well-being of the animals housed.
new text end

new text begin Subd. 10. new text end

new text begin Lighting. new text end

new text begin Indoor confinement areas must have at least eight hours of
illumination each day. Ample lighting, by natural or artificial means, must be uniformly
distributed. Lighting must be sufficient 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 Subd. 11. new text end

new text begin Safety. new text end

new text begin Smoke detectors and carbon monoxide detectors must be installed
in housing facilities. Fire extinguishers containing substances nontoxic to animals must be
readily available. Sprinkler systems must be installed according to local building codes.
new text end

new text begin Subd. 12. new text end

new text begin Sanitation. new text end

new text begin The following conditions apply to sanitation:
new text end

new text begin (1) food and water receptacles must be accessible to each animal and located so as to
prevent contamination by excreta. Opened food bags must be stored in plastic or metal
containers with tight-fitting lids. Disposable food receptacles must be discarded daily.
Food that requires refrigeration must be stored accordingly;
new text end

new text begin (2) indoor and outdoor confinement areas must be thoroughly cleaned daily and
impervious surfaces treated with disinfectant once per week. Animals must be removed
from an area while the area is being cleaned or treated with disinfectant and animals must
not be returned to that area until the area is dry;
new text end

new text begin (3) animals with infectious or contagious diseases must be isolated from healthy
animals. Caretakers must disinfect their hands and shoes after handling animals with
infectious or contagious diseases. A sink with hot and cold running water must be provided
in the building. Dead animals must be removed promptly and disposed of properly;
new text end

new text begin (4) bedding must be kept clean and dry. Outdoor confinement and exercise areas
must be kept clean and base material replaced as necessary; and
new text end

new text begin (5) each cat confinement area must be provided with a container for elimination.
Nondisposable containers impervious to moisture must be cleaned daily. Absorbent
material must be removed and replaced at least twice per week. Disposable containers
must be discarded daily.
new text end

new text begin Subd. 13. new text end

new text begin Exercise. new text end

new text begin Animals eight weeks of age and older must be provided the
opportunity for exercise at least twice a day for a minimum of 20 minutes each time.
Exercise areas must be clean and have sufficient space for the animals to exercise freely.
Animals that exercise in groups in the same space must be compatible and free of illness
or parasites. Animals with vicious or aggressive dispositions must exercise individually.
new text end

new text begin Subd. 14. new text end

new text begin Group housing and breeding. new text end

new text begin The following standards apply for group
housing and breeding:
new text end

new text begin (1) females in estrus may not be housed with males except for breeding purposes;
new text end

new text begin (2) only healthy, mature animals of normal weight that have been examined within
the previous four months by a veterinarian may be used for breeding. Animals from the
same litter may not be bred with each other;
new text end

new text begin (3) females must be rested for one or more cycles between breedings. Males must be
managed so as to maintain good physical condition;
new text end

new text begin (4) animals with vicious or aggressive dispositions must be housed individually; and
new text end

new text begin (5) puppies and kittens may not be housed in the same primary enclosure with adult
dogs or cats, other than their mothers or another compatible lactating female.
new text end

new text begin Subd. 15. new text end

new text begin Socialization. new text end

new text begin Adult animals must be provided daily socialization by
positive physical contact with human beings.
new text end

new text begin Subd. 16. new text end

new text begin Females and litters. new text end

new text begin (a) Healthy puppies and kittens must remain with
their mother at least seven weeks, unless a veterinarian has determined that the litter is
rejected or endangered by their mother or the mother's health is endangered. An animal
may not be sold, traded, or given away before the age of eight weeks.
new text end

new text begin (b) The ambient temperature of the confinement area must be maintained at a
minimum of 70 degrees Fahrenheit one foot above floor level and a maximum of 80
degrees Fahrenheit for animals eight weeks of age and younger.
new text end

new text begin (c) Puppies and kittens must be provided socialization by physical contact with other
compatible animals of the same or like breed. Puppies and kittens must be provided daily
socialization by positive physical contact with human beings at least twice per day.
new text end

new text begin Subd. 17. new text end

new text begin Disease, parasite, and pest control. new text end

new text begin (a) A dog or cat affected with
clinical evidence of infectious, contagious, or communicable disease must be separated
from other dogs or cats and must be given veterinary care. An effective written program
of veterinary care must be established and maintained for disease control and prevention,
humane euthanasia, and animal care. Animals must be vaccinated and dewormed and
adult dogs must be given heartworm preventatives. If an animal is observably injured, ill,
or in distress, the animal must be given immediate care by a veterinarian.
new text end

new text begin (b) An individual written health record must be maintained on each animal.
The record must document date of birth, all vaccinations, dewormers, and heartworm
preventatives given to the animal, including the date administered, type of vaccination,
manufacturer, lot or batch number, and expiration date. The record must document any
treatment or medication given to an animal in the breeder's possession to treat a disease,
illness, or condition. The original record must be provided with the animal at the time of
sale or exchange. Copies of all records must be kept by the breeder for five years, unless
the board orders them to be kept longer.
new text end

new text begin (c) An effective and safe program must be established and maintained to control
insects, parasites, rodents, and other pests.
new text end

new text begin Subd. 18. new text end

new text begin Debarking. new text end

new text begin No person may alter a dog's ability to bark.
new text end

new text begin Subd. 19. new text end

new text begin Identification. new text end

new text begin Dogs 16 weeks of age and older must have an
identification tag with a unique tracking number attached to a properly fitting collar. The
collar must be checked weekly for proper fit and adjusted if necessary. The identification
tag is not transferable. The collar may not be made of chain, wire, elastic, plastic, or
cording.
new text end

new text begin Subd. 20. new text end

new text begin Handling. new text end

new text begin Animals must be handled as carefully as possible in a manner
that does not cause trauma, behavioral stress, physical harm, or discomfort to the animal.
Physical abuse or deprivation of food or water may not be used to handle or train animals.
new text end

new text begin Subd. 21. new text end

new text begin Adequate staffing. new text end

new text begin Breeders must have a sufficient number of staff to
maintain the standards set forth in this section. Staff must be properly trained in animal
welfare and care and properly supervised. No employee or independent contractor who
has been convicted of cruelty to animals under the law of any jurisdiction may have direct
contact with or access to animals at a facility.
new text end

new text begin Subd. 22. new text end

new text begin Consumer protection laws. new text end

new text begin A breeder must comply with the applicable
provisions of sections 325F.79 to 325F.792, which regulate the sale of cats and dogs.
new text end

new text begin Subd. 23. new text end

new text begin Rules. new text end

new text begin The board may adopt rules it considers necessary setting forth
additional standards to protect the public health and welfare of animals covered under
sections 347.57 to 347.63.
new text end

new text begin Subd. 24. new text end

new text begin Federal standards. new text end

new text begin In addition to the requirements of this act, a breeder
licensed by the USDA must also comply with all federal standards and regulations
governing the license holder.
new text end

Sec. 5.

new text begin [347.60] TRANSPORTATION.
new text end

new text begin (a) This section applies to breeders.
new text end

new text begin (b) An animal may not be delivered or held for transport in commerce more than
four hours before the scheduled departure time. An animal may not be shipped on
consignment. Breeders must:
new text end

new text begin (1) provide carriers and intermediate handlers with the name, address, and telephone
number of the receiver; the breeder's name, address, and telephone number; the tag or
tattoo number of the animal; and the time and date the animal was last fed and watered; and
new text end

new text begin (2) securely attach to the outside of the shipping container written instructions
for in-transit food and water requirements.
new text end

new text begin (c) Shipping containers must:
new text end

new text begin (1) be constructed of nonabrasive wire or a smooth, durable material suitable for
animals;
new text end

new text begin (2) have smooth, impermeable floors;
new text end

new text begin (3) have barriers so as to ensure that no liquid or solid waste, water, or food passes
from one confinement area to another;
new text end

new text begin (4) maintain animals in compatible groups with a maximum of two adult animals
transported in the same container; and aggressive animals must be transported individually
in separate containers; and
new text end

new text begin (5) be large enough to allow each animal to sit, stand, and lie in a normal manner.
new text end

new text begin (d) Female animals in estrus must be transported in a separate container from a
male animal.
new text end

new text begin (e) A breeder, hobby breeder, pet dealer, or broker may not transport or cause to be
transported into, out of, or within the state an animal under eight weeks of age.
new text end

new text begin (f) Animals must be offered food at least once every 12 hours or more often as
necessary to maintain the health and condition of the animal. Each animal must be offered
clean, fresh potable water, provided in a sanitary manner, at least once every eight hours.
Food and water receptacles must be securely attached inside the container and placed so
that the receptacle can be filled from outside the container without opening the door.
Animals must be offered food and water four hours before delivery for transport if the
animals will be in transit for more than eight hours.
new text end

new text begin (g) An animal must be allowed to exercise at least once every 12 hours.
new text end

new text begin (h) All applicable standards of care under this section must be met. An animal in
transit must be individually observed every four hours to ensure that it has adequate air
and appropriate temperature and that other standards are met. If an animal is observably in
distress, the animal must be given prompt veterinary care.
new text end

Sec. 6.

new text begin [347.61] LOCAL GOVERNMENT AUTHORITY.
new text end

new text begin (a) A local unit of government may enact more stringent regulations governing
facilities licensed under section 347.58, including, but not limited to, specifying the
maximum number of animals that can be housed at a facility in its jurisdiction.
new text end

new text begin (b) A breeder must comply with the zoning regulations of the municipality or other
political subdivision where the facility is located.
new text end

Sec. 7.

new text begin [347.62] 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 sections
347.58 to 347.60. Investigators must have access to all premises of licensed facilities
during normal business hours, and may make copies of any records of a breeder. Refusal
to allow an investigation provides a separate basis for enforcement action. The board may
request a veterinarian not affiliated with the facility, a peace officer, a local animal control
authority, or a humane agent to assist in an investigation.
new text end

Sec. 8.

new text begin [347.63] 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 sections 347.58 to 347.60 that threatens the health
and well-being 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

new text begin Upon request of a breeder, the board, local animal control authority, peace officer,
or humane agent may allow the seized animal to remain in the physical custody of the
breeder for 30 days, during which time the breeder shall take all necessary actions to come
into compliance. During the 30-day period, the board, local animal control authority,
peace officer, or humane agent may inspect the facility at any reasonable time. If, at the
end of 30 days, the breeder is not in compliance, the animal must be removed from the
facility following the procedures set forth in section 343.235.
new text end

Sec. 9.

new text begin [347.64] 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 the statutes and rules governing breeding
facilities. The correction order must state the deficiencies that constitute the violation, the
specific statute or rule 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 or rule 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 or rules 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 set forth in section 347.59 or 347.60;
new text end

new text begin (4) for violating any other provision of sections 347.58 to 347.60; 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. 10.

new text begin [347.65] PENALTIES.
new text end

new text begin (a) Except as provided in paragraph (b), a violation of a provision in sections 347.58
to 347.60 is a misdemeanor.
new text end

new text begin (b) A violation of sections 347.58 to 347.60 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. 11. new text beginAPPROPRIATION; SPECIAL ACCOUNT.
new text end

new text begin All fees and penalties collected by the board under Minnesota Statutes, sections
347.58 to 347.65, must be deposited in the state treasury and credited to a special account.
Money in the account is appropriated to the board to administer those sections.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Minnesota Statutes, sections 347.57 to 347.64, are effective August 1, 2007.
Breeders must be in compliance with Minnesota Statutes, sections 347.58 to 347.60,
by January 1, 2008.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2006, section 343.235, subdivision 1, is amended to read:


Subdivision 1.

General rule.

An animal taken into custody under section 343.12,
343.22, 343.29, deleted text beginordeleted text end 343.31new text begin, or 347.63new text end may be humanely disposed of at the discretion of the
jurisdiction having custody of the animal ten days after the animal is taken into custody,
provided that the procedures in subdivision 3 are followed. An animal raised for food or
fiber products may not be seized or disposed of without prior examination by a licensed
veterinarian pursuant to a warrant issued by a judge.

Sec. 2.

Minnesota Statutes 2006, section 343.235, subdivision 3, is amended to read:


Subd. 3.

Notice; right to hearing.

(a) The authority taking custody of an animal
under section 343.12, 343.22, 343.29, deleted text beginordeleted text end 343.31new text begin, or 347.63new text end shall give notice of this section
by delivering or mailing it to a person claiming an interest in the animal or by posting a
copy of it at the place where the animal is taken into custody or by delivering it to a person
residing on the property, and telephoning, if possible. The notice must include:

(1) a description of the animal seized; the authority and purpose for the seizure; the
time, place, and circumstances under which the animal was seized; and the location,
address, telephone number, and contact person where the animal is kept;

(2) a statement that a person claiming an interest in the animal may post security
to prevent disposition of the animal and may request a hearing concerning the seizure or
impoundment and that failure to do so within ten days of the date of the notice will result
in disposition of the animal; and

(3) a statement that all actual costs of the care, keeping, and disposal of the animal
are the responsibility of the person claiming an interest in the animal, except to the extent
that a court or hearing officer finds that the seizure or impoundment was not substantially
justified by law.

The notice must also include a form that can be used by a person claiming an interest
in the animal for requesting a hearing under this subdivision.

(b) Upon request of a person claiming an interest in the animal, which request
must be made within ten days of the date of seizure, a hearing must be held within five
business days of the request, to determine the validity of the seizure and impoundment.
If the seizure was done pursuant to a warrant under section 343.22, the hearing must be
conducted by the judge who issued the warrant. If the seizure was done under section
343.12, 343.29, deleted text beginordeleted text end 343.31new text begin, or 347.63new text end, the municipality taking custody of the animal or,
in the case of a humane society, the municipality from which the animal was seized,
may either (1) authorize a licensed veterinarian with no financial interest in the matter or
professional association with either party or (2) use the services of a hearing officer to
conduct the hearing. A person claiming an interest in the animal who is aggrieved by a
decision of a hearing officer under this subdivision may seek a court order governing the
seizure or impoundment within five days of notice of the order.

(c) The judge or hearing officer may authorize the return of the animal, if the judge
or hearing officer finds that:

(1) the animal is physically fit; and

(2) the person claiming an interest in the animal can and will provide the care
required by law for the animal.

(d) The person claiming an interest in the animal is liable for all actual costs of care,
keeping, and disposal of the animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law. The costs
must be paid in full or a mutually satisfactory arrangement for payment must be made
between the municipality and the person claiming an interest in the animal before return of
the animal to the person.

Sec. 3.

Minnesota Statutes 2006, section 347.10, is amended to read:


347.10 OWNERS OF DOGS AND KENNELS; LICENSES.

The term "kennel" shall mean any establishment where dogs are kept for deleted text beginthe purpose
of breeding,
deleted text end sale or sporting purposes. Any person who keeps or operates a kennel may, in
lieu of the license for each dog required by sections 347.08 to 347.21, apply to the town or
city treasurer for a kennel license for the keeping or operating of such kennel. For deleted text beginsuchdeleted text end
a kennel license the person shall pay a fee of $10 for the license year. With the kennel
license the clerk shall issue a number of metal tags equal to the number of dogs kept in
the kennel. The tags shall be made in a form so that they may be readily distinguishable
from the individual license tags for the same year. The licensee of a kennel shall at all
times keep one of such tags attached to the collar of each dog over six months old kept
under a kennel license. The tags may be transferred from one dog to another within the
kennel whenever any dog is removed from the kennel. The clerk may appoint a deputy or
deputies to issue such licenses. The clerk shall receive ten cents for each license issued, to
be paid by the town out of the revenue fund.

A license shall be issued by the clerk or the clerk's deputy upon application being
made therefor and upon payments made as herein provided. The license shall be in the
form prescribed by the county auditor and shall be executed by the proper town, or city
clerk or deputy. The license shall state the year for which it was issued, shall bear a
serial number, the owner's name and address, and the name, sex, breed, and color of the
dog licensed.