SB 183

This bill would provide for the regulation of pet stores

This bill would provide certain restrictions on the sale, delivery, giving away, or transferring of dogs from a pet store to another person or entity, would prohibit pet stores from recklessly altering or providing false information on certifications required by the act for the sale or transfer of a dog, and would provide civil penalties for violations

This bill would require pet stores to be licensed by the Department of Agriculture and Industries, would provide for the issuance, denial, and suspension of licenses, and would provide for the deposit of licensure fees into the Agricultural Fund, created by the act

This bill would also reserve the regulation of pet stores to the state

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to pet stores; to provide certain restrictions on the sale, delivery, giving away, or transferring of dogs from a pet store to another person or entity; to prohibit pet stores from recklessly altering or providing false information on certifications required by the act for the sale or transfer of a dog; to provide civil penalties for violations; to require the licensure of pet stores by the Department of Agriculture and Industries; to create the Agricultural Fund; to reserve the regulation of pet stores to the state; to provide rulemaking authority for the Department of Agriculture and Industries; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

For the purposes of this act, the following terms shall have the following meanings: (1) ANIMAL RESCUE FOR DOGS. An individual or organization that houses and maintains dogs and that is dedicated to the welfare, health, safety, and protection of dogs, provided that the individual or organization does not operate for profit, does not sell dogs for a profit, does not breed dogs, and does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from an animal control officer of a municipality or county, a humane society, or another animal rescue for dogs. The term includes an individual or organization that offers spayed or neutered dogs for adoption and charges reasonable adoption fees to cover the costs of the individual or organization, including, but not limited to, costs related to spaying or neutering dogs. (2) ANIMAL SHELTER FOR DOGS. A facility that houses and maintains dogs such as an animal shelter, as defined in Section 3-10-2, Code of Alabama 1975, or that is maintained by an animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization that is devoted to the welfare, protection, and humane treatment of dogs and other animals. (3) COMMISSIONER. The Commissioner of the Alabama Department of Agriculture and Industries. (4) DEPARTMENT. The Alabama Department of Agriculture and Industries. (5) DOG WHOLESALER. A person who buys, sells, or offers to sell dogs to another at wholesale for resale or who sells or gives one or more dogs to a pet store annually. The term does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, a research kennel for dogs, a pet store, or a veterinarian. (6) HIGH VOLUME BREEDER. An establishment that houses and maintains adult breeding dogs that cumulatively produce at least nine litters of puppies in any given calendar year and, in return for a fee or other consideration, sells 60 or more adult dogs or puppies per calendar year. (7) MEDICAL KENNEL FOR DOGS. A facility that is maintained by a veterinarian and operated primarily for the treatment of sick or injured dogs. (8) PET STORE. An individual retail store to which both of the following apply: The store sells dogs to the public; and with regard to the sale of a dog from the store, the salesperson, the buyer of a dog, and the dog for sale are physically present during the sales transaction so that the buyer may personally observe the dog and ensure its health prior to taking custody. The term does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, or a research kennel for dogs. (9) QUALIFIED BREEDER. Either of the following: a. A breeder that keeps, houses, and maintains female adult dogs but is not a high volume breeder. b. A high volume breeder located in or out of this state that meets all of the following requirements: 1. The breeder is licensed by the United States Department of Agriculture under 7 U.S.C. § 2133 and, if applicable, a state agency. 2. The breeder has not been issued a report of a direct noncompliance violation by the United States Department of Agriculture under the federal Animal Welfare Act for a period of three years prior to offering for sale, delivering, bartering, auctioning, brokering, giving away, transferring, or selling a dog. 3. The breeder has not had three or more noncompliance violations documented in any report issued by the United States Department of Agriculture under the federal Animal Welfare Act for a period of 12 months prior to offering for sale, delivering, bartering, auctioning, brokering, giving away, transferring, or selling a dog. (10) RESEARCH KENNEL FOR DOGS. A facility housing dogs that is maintained exclusively for research purposes. (11) VETERINARIAN. Either a veterinarian licensed to practice under the laws of this state or the laws of another state.

Section 2

(a) An owner, manager, or employee of a pet store may not knowingly display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any live dog from a pet store to a person unless the dog was obtained from one of the following sources: (1) An animal rescue for dogs. (2) An animal shelter for dogs. (3) A dog wholesaler, provided that, if the dog wholesaler originally obtained the dog from a breeder, the breeder is a qualified breeder. (4) A qualified breeder. (b) An owner, manager, or employee of a pet store may not knowingly sell, deliver, barter, auction, broker, give away, or transfer any of the following: (1) A dog that is less than eight weeks old. (2) A dog without a certificate of veterinarian inspection signed by a veterinarian. (3) A dog that does not have a permanent implanted identification microchip that is approved for use by the commissioner under rules adopted by the department. (4) A dog to a person who is younger than 18 years of age as verified by valid photo identification. (5) A dog acquired from a qualified breeder or a dog wholesaler unless the owner, manager, or employee provides to the person acquiring the dog, at a time prior to the transaction for the acquisition of the dog, a written certification that includes all of the following information: a. The name of the breeder that bred the dog. b. The address, if available, of the breeder that bred the dog. c. The United States Department of Agriculture license number of the breeder that bred the dog, if applicable, and a copy of the most current United States Department of Agriculture inspection report for the breeder. d. The dog's birth date, if known. e. The date that the pet store took possession of the dog. f. The breed, gender, color, and any identifying marks of the dog. g. A document signed by a veterinarian that describes any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of examination. h. A document signed by the owner, manager, or employee of the pet store certifying that all information required to be provided to the person acquiring the dog under this subdivision is accurate. A pet store shall keep a copy of the certification for a period of at least two years from the date of the acquisition. The owner, manager, or an employee of the pet store shall make the copy of the certification available for inspection or duplication by the department. (6) A dog acquired from a qualified breeder or a dog wholesaler unless all of the following information regarding the dog is available to the general public at the pet store: a. The name of the breeder that bred the dog. b. The address, if available, of the breeder that bred the dog. c. The United States Department of Agriculture license number of the breeder that bred the dog, if applicable. d. The dog's birth date, if known. e. The breed of the dog. (c) An owner, manager, or employee of a pet store may not recklessly alter or provide false information on a certification provided under subdivision (5) of subsection (b). (d) This section does not apply to any dog that is being sold, delivered, bartered, auctioned, given away, brokered, or transferred from the premises where the dog was bred and raised.

Section 3

(a) The commissioner shall issue a pet store license to an owner or operator of a pet store when the owner or operator satisfies all of the following: (1) Applies for a license in accordance with this section and rules adopted by the department pursuant to this act. (2) Affirms in writing that the owner or operator will comply with the applicable requirements established under this act and rules adopted by the department. (3) Submits with the application for a pet store license a fee of five hundred dollars ($500). (b)(1) The commissioner may deny, suspend, or revoke a license issued under this section for a violation of subsection (a), (b), or (c) of Section 2 or the rules adopted by the department pursuant to this act. The denial, suspension, or revocation of a license is not effective until the applicant or licensee is given written notice of the violation and at least 7 calendar days to correct the violation, if possible, and an opportunity for a hearing before the commissioner. (2) The commissioner may refuse to issue a license under subdivision (1) if the applicant has violated subsection (a), (b), or (c) of Section 2 or the rules adopted by the department pursuant to this act during the 36-month period prior to submitting an application for the license. (c) Any license issued under this section is valid for a period of one year from the date of issuance. A pet store license must be renewed annually in the manner provided in rules adopted under this section. (d) Money collected by the commissioner from each application fee submitted under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund created in Section 6, to be administered by the department. (e) An owner, operator, or manager of a pet store may not negligently display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any live dog from a pet store in this state unless a license has been issued for the pet store by the commissioner in accordance with this section and rules adopted pursuant to this act.

Section 4

(a) The commissioner may assess a civil penalty against a person that violates subsection (a), (b), or (c) of Section 2 or subsection (e) of Section 3 if all of the following occur: (1) The person has received a notice of the violation by certified mail or personal service pursuant to the Alabama Rules of Civil Procedure. (2) After the time period for correcting the violation specified in the notice has elapsed, the commissioner has determined that the violation has not been corrected, and the commissioner has issued a notice of a hearing pursuant to subdivision (3). (3) The commissioner affords the person an opportunity for a hearing under the Alabama Administrative Procedure Act to challenge the commissioner's determination that the person is not in compliance with this act or rules adopted pursuant to this act, the assessment of the civil penalty, or both. A person may waive the opportunity for a hearing. (b) If the opportunity for a hearing is waived or if, after a hearing, the commissioner determines that a violation has occurred or is occurring, the commissioner may assess a civil penalty not to exceed the following amounts: (1) Five hundred dollars ($500) for a first violation. (2) Two thousand five hundred dollars ($2,500) for a second violation. (3) Ten thousand dollars ($10,000) for a third or subsequent violation. (c) Any person assessed a civil penalty under this section shall pay the amount prescribed to the department. The department shall remit all money collected under this section to the Agricultural Fund.

Section 5

(a)(1) The Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon pet stores. The regulation of pet stores is a matter of general statewide interest that requires statewide regulation. The authority of a political subdivision of this state to regulate pet stores may not be inferred from its proprietary authority, home rule status, or any other inherent or general power. Except as provided in subdivision (2), any existing orders, ordinances, or rules adopted or enforced contrary to the terms of this act are null and void and any future order, ordinance, or rules shall comply with this act. (2) Notwithstanding subdivision (1), any order, ordinance, or rule adopted prior to March 1, 2019, by a political subdivision of the state regulating or relating to pet stores, shall remain in full force and effect. (b) The department shall only be responsible for the regulation of dog sales in pet stores and shall not be responsible for the regulation of any other aspect of pet store operations, inventories, or sales regarding any other species of animal.

Section 6

The Department of Agriculture and Industries shall adopt rules for the implementation and administration of this act.

Section 7

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.