Bill Text: AZ SB1483 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Pet dealers; prohibitions; cats; dogs
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-01 - Senate read second time [SB1483 Detail]
Download: Arizona-2021-SB1483-Introduced.html
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REFERENCE TITLE: pet dealers; prohibitions; cats; dogs |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1483 |
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Introduced by Senator Bowie
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AN ACT
amending sections 44-1799.08 and 44-1799.10, Arizona Revised Statutes; relating to pet dealers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1799.08, Arizona Revised Statutes, is amended to read:
44-1799.08. Civil penalties; enforcement actions; injunctive relief
A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars $1,000 per violation.
B. In an action brought by this state or a city, town or county to enforce an ordinance against a pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of section 44-1799.10, subsection A, or B or C who should have known the dog or cat was obtained for sale or resale in violation of section 44-1799.10, subsection A or B, the pet store or pet dealer is subject to the following penalties:
1. For a first violation, a civil penalty of not more than one thousand dollars $1,000 per violation.
2. For a second or subsequent violation within a five-year period: ,
(a) A civil penalty of not more than two thousand five hundred dollars $2,500 per violation.
3. For a third or subsequent violation within a five-year period:
(a) A civil penalty of not more than five thousand dollars per violation.
(b) An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.
C. In an action brought to enforce section 44-1799.10, subsection A, or B or C, :
1. A violation is a subsequent violation if it occurs within a five-year period after a final judgment or order that the pet store or pet dealer knowingly violated section 44-1799.10, subsection A or B or should have known of the violation.
2. In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in section 44-1799.10, subsection A if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.
3. each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale or each certificate of veterinary inspection derived from any state's agriculture department shall be considered a single act, regardless of the number of dogs or cats obtained in the order.
D. This section does not prohibit prosecution for criminal violations.
E. A person in this state may seek injunctive relief in a local court against a pet store or pet dealer who is in violation of section 44-1799.10, subsection A, B or c.
Sec. 2. Section 44-1799.10, Arizona Revised Statutes, is amended to read:
44-1799.10. Pet stores; pet dealers; prohibitions on dog and cat purchases; inspection report; records; unlawful practice
A. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) if any either of the following applies:
1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).
2. Within two five years before obtaining the dog or cat the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159). this paragraph applies even if the person changes the person's address, business name or United States department of agriculture number.
3. The person receives an indirect no access violation on each of the two most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).
4. The person commits three or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two-year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph 3 of this subsection.
B. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection A of this section. A pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection A of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.
C. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person described in subsection A of this section unless the person has a United States department of agriculture inspection report that is dated not more than one year before the date of the order of the dog or cat. A pet store or pet dealer shall submit the United States department of agriculture inspection report to the Arizona department of AGRICULTURE, animal services division Within thirty days before the pet store or pet dealer orders a dog or cat. Reports submitted pursuant to this subsection shall be made available on request to the public pursuant to title 39.
C. D. Notwithstanding subsections A, and B and C of this section, a pet store or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.
D. E. A pet dealer shall maintain records verifying its compliance with this section for at least two years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection shall be open to inspection on request by a municipal or county peace officer or enforcement official.
E. F. A pet dealer shall display the source of any dog or cat offered for sale by providing the name of the breeder of the animal, the United States department of agriculture license number of the breeder if the animal is from a breeder that is licensed by the United States department of agriculture and the United States department of agriculture website where information about the breeder may be obtained. The pet dealer shall display the information described in this subsection on both of the following:
1. The cage or enclosure for each animal.
2. All printed or electronic marketing materials about a specific dog or cat that has been obtained by the pet dealer and that is being offered for sale.
G. A violation of this section is deemed an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action pursuant to chapter 10, article 7 of this title.
