In addition, a few states have provisions that exclude those dealers regulated by the United States Department of Agriculture (USDA) under the Animal Welfare Act (AWA) who supply dogs for research purposes. May be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years. Until such puppy or kitten has attained the age of 8 weeks. Violation of Connecticut's law results in a fine of $1,000. Ship or bring into the state to offer for transfer in the state, any cat, dog, or ferret less than 8 weeks of age. Since the goal of most of these laws is to curb the business of selling underage dogs, protecting both the dogs and consumers, certain parties are excluded from these laws. For any subsequent offence by a fine of not more than $500, or by imprisonment for not more than 2 years, or both. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding). Section 12155 under the Health & Safety Code is limited to "pet dealer.". As may be expected, many states exclude non-profit animal shelters or humane societies from the laws' reach. any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. Moreover, in those states that have enacted pet purchaser protection laws, a possible claim against that merchant for violation of an implied warranty could be raised by a purchaser of an underage dog. Cal. Transport into the state for sale or offer for sale within the state, Misdemeanor of the first degree as provided in s. 775.082 or s. 775.083. Retail pet store means a retail establishment where dogs or cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail. Defined under Sec. suspend or revoke a license or registration issued to the person under this act. A subsequent criminal violation within two years is a class A misdemeanor. Give, sell, or offer for sale a puppy or kitten under 6 weeks of age, unless the puppy's or kitten's mother is given or sold to the same person as the puppy or kitten. For many states, the laws only apply to pet dealers, retail pet store, or pet breeders, so penalties involve revocation of state licenses or other administrative penalties. Puppy must be eight weeks old AND weaned. ", Sell or distribute in the State or bring into the State for the purpose of sale or distribution, Exception for animal shelters/protection agencies and large-scale dog breeding kennels that import underage dogs and cats with their dams, Commercial breeder: a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year. The Board may then issue a "correction order" under 347.61 and other civil enforcement actions. Note that OK revoked its regulation in the commercial breeder regulations on selling or transferring cats and dogs under 8 weeks in 2014, 3 P.S. Under Section 597z, any personwho sells unless approved by Cal. 129 39G), Acquire, display, offer for sale, sell or give away (330 CMR 12.05). This site is not a law firm and cannot offer legal advice. The maximum penalty shall not exceed one thousand dollars per violation. Should the puppy then suffer or die because of a retailer's intentional or reckless conduct, the retailer could conceivably face animal cruelty charges. Regulation: 2 Mo. Under Section 122125, a pet dealer shall not be in possession of a dog that is less than eight weeks old. 459-214. For purposes of humane disposal, a court may seize an animal brought into this State in violation of this section. 501, or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended, that is registered with the department pursuant to section four hundred eight of this article. Other states focus on the separation of the puppy or kitten from its mother in addition to specifying a minimum age. Even in those states with laws, the best action is to talk to a veterinarian in advance to find the best age to adopt a new puppy. Under Section 597z: unlawful to sell, defined as when seller physically transfers the dog or dogs to the purchaser.. 459-603, Transport any dog into this Commonwealth 3 P.S. Under Section 597z, violation is an infraction or misdemeanor punishable by a fine not to exceed $250. If a person violates this chapter or a rule adopted under this chapter, the person is subject to any action or penalty under Subchapter F or G, Chapter 51. As used in this subdivision, housed or kept for the primary purpose of breeding means that the female dog has previously been bred and whelped. Dogs or cats younger than eight weeks old, Offer for sale (defined as sell, offer for sale or adoption, barter, auction, give away, or otherwise dispose of a dog or cat), Per subsection (P): "The Animal Welfare Program will, upon written complaint by any person alleging violation of these Rules, or upon its own motion if it has reason to believe such a violation exists, cause an investigation to be made. Health & Safety Code 122045 - 122315. Unless the dog has been orphaned and goes to/from a nonprofit kennel with veterinarian approval (. This section does not apply to the transportation of dogs in interstate commerce by common carrier, provided that neither the point of shipment nor the point of receiving is within this state. Licensemay be denied, suspended, or revoked. The Mayor shall issue rules to set specific fine amounts for violations of each provision of this subchapter; provided, that the fines shall not exceed the following amounts: (1) $500 for each offense, except as otherwise provided in paragraph (2) of this subsection. 2022 Michigan State University College of Law. Research facilities licensed under the federal Laboratory Animals Welfare Act, 7 U.S.C. Nothing in this section shall prohibit the sale of an unweaned animal (i) as food for other animals or (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or privateanimal shelter, or a veterinarian. also a civil offense, for which a penalty ofnot less than $100 and not more than $1,000 for each violation may be imposed. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder. Also, Section 802.201 states that rules adopting minimum standards must prohibit a dog or cat breeder from selling, trading, or giving away an animal before the animal is eight weeks of age. denial, revocation, suspension, or refusal of renewal ofpet dealer'slicense. Under Section 122150, any person violating any provision of this article other than Section 122205 shall be subject to a civil penalty of up to $1,000 per violation. Separate from its mother for the purpose of sale, Import to, or export from, Indiana for the purpose of sale. an animal shelter or pound that is operated or supported by a government; or, First offence by a fine of not more than $100. "Weaned" means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five days. Under enabling statute, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding. Sell or offer for adoption or transfer within the state any dog or cat under the age of eight weeks. A large-scale dog breeding kennel (a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. Such definition shall not include an animal care facility or animal rescue organization. Under enabling statute, it is unlawful for any person, or the officer or employee of any person, to willfully violate, disobey, or disregard this title or any notice or order issued under this title. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.Cat breeder means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. an animal protection shelter (a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals). 459-214 for importation of dogs into state, Barter,trade, raffle, sell, auction or in any way transfer ownership under 3 P.S. What happens in those states without such laws? Animal Shelter defined as a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals. A person may give an unaccompanied dog or cat to: Pet shop, commercial establishment, firm or corp. under M.G.L.A. licensed veterinarian. This answer is less than clear. Pet dealer: any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. 129 39G, "Licensee" (pet shop) under 330 CMR 12.05, Cannot import undereight weeks M.G.L.A. 129 39G, Younger than eight weeks old (330 CMR 12.05), Import into the commonwealth, for sale or resale in the commonwealth (M.G.L.A. Code of State Regulations 30-9.020 (See subsection 14(E) ("Miscellaneous")), "Retailer" means a person who acquires pets for resale (574.320). Nevada's law provides that a retailer, dealer, or operator shall not separate a dog or cat from its mother until it is 8 weeks of age "or accustomed to taking food or nourishment other than by nursing - whichever is later." (2) $1000 for each offense for violations of 8-1808(n), (o) or (p)(1). Dealers may offer dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after dogs and cats are at least seven weeks of age. Californias law makes it a misdemeanor to sell a puppy under the age of eight weeks as does Nebraska's. No puppies or kittens less than 8 weeks of age, Under seven weeks old without its dam or queen, Sell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device. The remaining states limit the provisions to pet shops, animal dealers, or breeders. Admin. States like Colorado, Connecticut, Maine, Massachusetts, and Pennsylvania include adoption or any transfer of an underage puppy within their laws. 2131 et seq., are exempted from this prohibition. A person who operates a pet shop (a place where animals are sold or offered for sale, exchange, or transfer). (, Dogs or cats before the age of eight weeks, Unless a veterinarian determines it would be in the best interests of the health or well-being of the animal, Delivered by any person to any carrier or intermediate handler for transport, in commerce, or shall be transported in commerce, A person (other than other than an animal control facility, animal rescue, or animal shelter), Undereight weeks of age without its mother, Separate puppy or kitten from its mother prior to weaning, No person, firm, corporation, or other entity, Any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation (, Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets, Sell, offer to sell, or expose for sale, for the purpose of resale or receive for delivery within this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail. 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