HF 2627

as introduced - 94th Legislature (2025 - 2026) Posted on 03/20/2025 03:03pm

A bill for an act
relating to commerce; prohibiting pet shops from selling cats and dogs; amending
Minnesota Statutes 2024, sections 325F.79; 325F.791, subdivisions 1, 5; 325F.792,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Section 1.

Minnesota Statutes 2024, section 325F.79, is amended to read:

325F.79 DEFINITIONS.

For purposes of sections 325F.79 to 325F.792, the following definitions apply:

new text begin (a) "Advertisement" means an oral, written, graphic, or pictorial statement made in the
course of soliciting business. Advertisement includes without limitation a statement or
representation:
new text end

new text begin (1) made in a newspaper, magazine, or other public publication;
new text end

new text begin (2) contained in a notice, sign, billboard, poster, display, circular, pamphlet, or letter;
or
new text end

new text begin (3) made on radio, television, or the Internet.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end "Animal" means a dog, wholly or in part of the species Canis familiaris, or a cat,
wholly or in part of the species Felis domesticus.

deleted text begin (b) deleted text end new text begin (c) new text end "Pet dealer" means any person, firm, partnership, corporation, or association,
including breeders, that is required to collect sales tax for the sale of animals to the public.
Pet dealer does not include humane societies, nonprofit organizations performing the
functions of humane societies, or animal control agencies.

deleted text begin (c) deleted text end new text begin (d) new text end "Breeder" means any person, firm, partnership, corporation, or association that
breeds animals for direct or indirect sale to the public.

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

deleted text begin (e) deleted text end new text begin (f) new text end "Health problem" means any disease, illness, or congenital or hereditary condition
which would impair the health or function of the animal that is apparent at the time of sale,
or which should have been apparent to the seller from the veterinary history of the animal.

new text begin (g) "Pet shop" means a pet dealer that operates a physical retail store from which animals
are sold or offered for sale to the general public, whether through an appointment or
otherwise.
new text end

deleted text begin (f) deleted text end new text begin (h) new text end "Veterinarian" means a licensed veterinarian in the state of Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 325F.791, subdivision 1, is amended to read:

Subdivision 1.

Disclosure.

new text begin (a) new text end Every pet dealer shall deliver to each retail purchaser of
an animal written disclosure as follows:

deleted text begin (a) deleted text end new text begin (1) new text end the name, address, and USDA license number of the breeder and any broker who
has had possession of the animal; the date of the animal's birth; the date the pet dealer
received the animal; the breed, sex, color, and identifying marks of the animal; the individual
identifying tag, tattoo, or collar number; the name and registration number of the sire and
dam and the litter number; and a record of inoculations, worming treatments, and medication
received by the animal while in the possession of the pet dealer deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end a statement signed by the pet dealer that the animal has no known health problem,
or a statement signed by the pet dealer disclosing any known health problem and a statement
signed by a veterinarian that recommends necessary treatment deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) a copy of all publicly available state or federal inspection reports for the animal's
breeder for all inspections that occurred during the three years preceding the date the animal
was purchased.
new text end

new text begin (b) new text end The disclosure shall be made part of the statement of consumer rights set forth in
subdivision 10. The disclosure required in paragraph (a) new text begin , clause (1), new text end need not be made for
mixed breed animals if the information is not available and cannot be determined by the
pet dealer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 325F.791, subdivision 5, is amended to read:

Subd. 5.

Responsibilities of purchaser.

new text begin (a) new text end To obtain the remedies provided in
subdivision 6, the purchaser shall with respect to an animal with a health problem:

deleted text begin (a) deleted text end new text begin (1) new text end notify the pet dealer, within two business days, of the diagnosis by a veterinarian
new text begin of the purchaser's choosing new text end of a health problem and provide the pet dealer with the name
and telephone number of the veterinarian and a copy of the veterinarian's report on the
animal deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin (b) deleted text end new text begin (2) new text end if the purchaser wishes to receive a full refund for the animal, return the animal
no later than two business days after receipt of a written statement from a veterinarian
indicating the animal is unfit due to a health problem.

new text begin (b) new text end With respect to a dead animal the purchaser must provide the pet dealer a written
statement from a veterinarian, indicating the animal died from a health problem which
existed on or before the receipt of the animal by the purchaser.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end

Sec. 4.

new text begin [325F.7915] SALE OF DOGS AND CATS PROHIBITED.
new text end

new text begin (a) A pet shop must not sell, offer to sell, barter, auction, or otherwise transfer ownership
of an animal.
new text end

new text begin (b) A pet shop may provide space to a nonprofit humane society, animal control agency,
or animal rescue and rehoming organization to offer animals for adoption if the society,
agency, or organization qualifies as a nonprofit organization under section 501(c)(3) of the
Internal Revenue Code.
new text end

new text begin (c) A pet shop is prohibited from having an ownership interest in an animal offered for
adoption under paragraph (b) or receiving a fee for providing space for animal adoption.
new text end

new text begin (d) Notwithstanding paragraph (a), a pet shop that sold or offered for sale an animal
from the pet shop's physical premises for at least one year before the effective date of this
section and under the same ownership that existed prior to the effective date of this section
may continue to operate as a pet shop and engage in the sale or offer for sale of animals if:
new text end

new text begin (1) an animal sold or offered for sale by the pet shop on or after the effective date of this
section is obtained only from a state-licensed or USDA-licensed breeder; and
new text end

new text begin (2) in an advertisement to sell or offer for sale a specific animal, including on the animal's
display cage or enclosure, the pet shop discloses the breeder's state or USDA license number.
new text end

new text begin (e) Notwithstanding this section, a county, city, town, or township may enact and enforce
by ordinance stricter regulations regarding the transfer of ownership of animals, including
a prohibition on selling or offering for sale animals by a pet dealer or other entity.
new text end

new text begin (f) A pet shop that operates as a pet shop pursuant to paragraph (d) that violates this
section on three separate occasions is prohibited from selling, offering to sell, bartering,
auctioning, or otherwise transferring ownership of an animal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2024, section 325F.792, subdivision 2, is amended to read:

Subd. 2.

Civil penalty.

(a) A pet dealer who:

(1) sells an animal without delivery of the disclosure required in section 325F.791,
subdivision 1;

(2) fails to maintain the records required by section 325F.791, subdivision 2;

(3) fails to provide registration papers as provided in section 325F.791, subdivision 3;

(4) fails to make or provide payment for the examinations required by section 325F.791,
subdivision 4;

(5) fails to post the notice required by section 325F.791, subdivision 9; or

(6) fails to provide the statement of consumer rights required by section 325F.791,
subdivision 10,

is subject to a civil fine of up to $1,000 per violation.

new text begin (b) A pet shop that violates section 325F.7915 is subject to a civil fine of up to $1,000
per violation. Each transfer of an animal's ownership in violation of section 325F.7915 is
a separate violation.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Civil fines collected under this subdivision shall be collected by the court and
turned over to the prosecuting attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end

Sec. 6. new text begin SEVERABILITY.
new text end

new text begin If a court of competent jurisdiction holds that any section is unconstitutional or otherwise
invalid, the invalidity does not affect other sections that can be given effect without the
invalid provisions or application, and to this end the sections are severable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to acts
committed on or after that date.
new text end