Bill Amendment: IL SB3078 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ANIMAL WELFARE-PET SHOPS
Status: 2021-01-13 - Session Sine Die [SB3078 Detail]
Download: Illinois-2019-SB3078-Senate_Amendment_001.html
Bill Title: ANIMAL WELFARE-PET SHOPS
Status: 2021-01-13 - Session Sine Die [SB3078 Detail]
Download: Illinois-2019-SB3078-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3078
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2 | AMENDMENT NO. ______. Amend Senate Bill 3078 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Section 2 and by adding Sections 21.5, 21.10, 21.15, and 21.20 | ||||||
6 | as follows:
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7 | (225 ILCS 605/2) (from Ch. 8, par. 302)
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8 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
9 | otherwise
requires:
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10 | "Department" means the Illinois Department of Agriculture.
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11 | "Director" means the Director of the Illinois Department of | ||||||
12 | Agriculture.
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13 | "Pet shop operator" means any person who sells, offers to | ||||||
14 | sell,
exchange, or offers for adoption with or without charge | ||||||
15 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
16 | customarily obtained as pets
in this State. However, a person |
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1 | who sells only such animals that he has
produced and raised | ||||||
2 | shall not be considered a pet shop operator under this
Act, and | ||||||
3 | a veterinary hospital or clinic operated by a veterinarian or
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4 | veterinarians licensed under the Veterinary Medicine and | ||||||
5 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
6 | operator under this
Act.
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7 | "Dog dealer" means any person who sells, offers to sell, | ||||||
8 | exchange, or
offers for adoption with or without charge or | ||||||
9 | donation dogs in this State.
However, a person who sells only | ||||||
10 | dogs that he has produced and raised shall
not be considered a | ||||||
11 | dog dealer under this Act, and a veterinary hospital or
clinic | ||||||
12 | operated by a veterinarian or veterinarians licensed under the
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13 | Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||||||
14 | be considered a dog dealer under this Act.
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15 | "Secretary of Agriculture" or "Secretary" means the | ||||||
16 | Secretary of
Agriculture of the United States Department of | ||||||
17 | Agriculture.
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18 | "Person" means any person, firm, corporation, partnership, | ||||||
19 | association
or other legal entity, any public or private | ||||||
20 | institution, the State of
Illinois, or any municipal | ||||||
21 | corporation or political subdivision of the
State.
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22 | "Kennel operator" means any person who operates an | ||||||
23 | establishment, other
than an animal control facility, | ||||||
24 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
25 | cats are maintained
for boarding, training or similar purposes | ||||||
26 | for a fee or compensation.
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1 | "Boarding" means a time frame greater than 12 hours or an | ||||||
2 | overnight period during which an animal is kept by a kennel | ||||||
3 | operator. | ||||||
4 | "Cat breeder" means a person who sells, offers to sell, | ||||||
5 | exchanges, or offers for adoption with or without charge cats | ||||||
6 | that he or she has produced and raised. A person who owns, has | ||||||
7 | possession of, or harbors 5 or less females capable of | ||||||
8 | reproduction shall not be considered a cat breeder. | ||||||
9 | "Dog breeder" means a person who sells, offers to sell, | ||||||
10 | exchanges, or offers for adoption with or without charge dogs | ||||||
11 | that he has produced and raised. A person who owns, has | ||||||
12 | possession of, or harbors 5 or less females capable of | ||||||
13 | reproduction shall not be considered a dog breeder.
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14 | "Animal control facility" means any facility operated by or
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15 | under contract for the State,
county, or any municipal | ||||||
16 | corporation or political subdivision of the State
for the | ||||||
17 | purpose of impounding or harboring seized, stray, homeless,
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18 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
19 | control
facility" also means any
veterinary hospital or clinic | ||||||
20 | operated by a veterinarian or veterinarians
licensed under the | ||||||
21 | Veterinary Medicine and Surgery Practice Act of 2004 which
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22 | operates for the above mentioned purpose in addition to its | ||||||
23 | customary purposes.
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24 | "Animal shelter" means a facility operated, owned, or | ||||||
25 | maintained by a duly
incorporated humane society, animal | ||||||
26 | welfare society, or other non-profit
organization for the |
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1 | purpose of providing for and promoting the welfare,
protection, | ||||||
2 | and humane treatment of animals. An organization that does not | ||||||
3 | have its own building that maintains animals solely in foster | ||||||
4 | homes or other licensees is an "animal shelter" for purposes of | ||||||
5 | this Act. "Animal shelter" also means any
veterinary hospital | ||||||
6 | or clinic operated by a veterinarian or veterinarians
licensed | ||||||
7 | under the Veterinary Medicine and Surgery Practice Act of 2004 | ||||||
8 | which
operates for the above mentioned purpose in addition to | ||||||
9 | its customary purposes.
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10 | "Day care operator" means a person who operates an | ||||||
11 | establishment, other than an animal control facility, | ||||||
12 | veterinary hospital, or animal shelter, where dogs or dogs and | ||||||
13 | cats are kept for a period of time not exceeding 12 hours. | ||||||
14 | "Foster home" means an entity that accepts the | ||||||
15 | responsibility for
stewardship of animals that are the | ||||||
16 | obligation of an animal shelter or animal control facility, not | ||||||
17 | to
exceed 4 foster animals or 2 litters under 8 weeks of age at | ||||||
18 | any given time. A written agreement to operate as a "foster | ||||||
19 | home"
shall be contracted with the animal shelter or animal | ||||||
20 | control facility.
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21 | "Guard dog service" means an entity that, for a fee, | ||||||
22 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
23 | life or property. A person
is not a guard dog service solely | ||||||
24 | because he or she owns a dog and uses it to
guard his or her | ||||||
25 | home, business, or farmland.
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26 | "Guard dog" means a type of dog used primarily for the |
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1 | purpose of defending,
patrolling, or protecting property or | ||||||
2 | life at a commercial establishment
other than a farm. "Guard | ||||||
3 | dog" does not include stock dogs used primarily for
handling | ||||||
4 | and controlling livestock or farm animals, nor does it include
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5 | personally owned pets that also provide security.
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6 | "Return" in return to field or trap, neuter, return program | ||||||
7 | means to return the cat to field after it has been sterilized | ||||||
8 | and vaccinated for rabies. | ||||||
9 | "Sentry dog" means a dog trained to work without | ||||||
10 | supervision in a fenced
facility other than a farm, and to | ||||||
11 | deter or detain unauthorized persons found
within the facility.
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12 | "Probationary status" means the 12-month period following | ||||||
13 | a series of violations of this Act during which any further | ||||||
14 | violation shall result in an automatic 12-month suspension of | ||||||
15 | licensure.
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16 | "Owner" means any person having a right of property in an | ||||||
17 | animal, who keeps or harbors an animal, who has an animal in | ||||||
18 | his or her care or acts as its custodian, or who knowingly | ||||||
19 | permits a dog to remain on any premises occupied by him or her. | ||||||
20 | "Owner" does not include a feral cat caretaker participating in | ||||||
21 | a trap, spay/neuter, vaccinate for rabies, and return program. | ||||||
22 | "Complete physical examination" means an examination | ||||||
23 | performed by a licensed veterinarian in which the veterinarian | ||||||
24 | determines the health and fitness of the animal and renders | ||||||
25 | advice and recommendations pursuant to the Veterinary Medicine | ||||||
26 | and Surgery Practice Act of 2004. "Complete physical |
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1 | examination" shall include at minimum a hands on examination, | ||||||
2 | including a comprehensive physical examination, dental | ||||||
3 | assessment, body condition scoring, and pain assessment. | ||||||
4 | "Animal" means any mammal, bird, fish, or reptile offered | ||||||
5 | for sale, trade, or adoption or for which a service is provided | ||||||
6 | by any person licensed under this Act. | ||||||
7 | "Companion animal" has that meaning ascribed to that term | ||||||
8 | in the Humane Care for Animals Act.
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9 | "Enclosure" means the area where a dog or cat is confined. | ||||||
10 | "Enclosure" includes, but is not limited to, cages, whelping | ||||||
11 | boxes, and runs. | ||||||
12 | "Equine shelter" means an "animal shelter" as defined in | ||||||
13 | this subsection that applies only to equines. | ||||||
14 | "Exotic or non-domesticated animals" means mammals | ||||||
15 | including non-human primates, reptiles, and birds that are not | ||||||
16 | native to North America and are not normally maintained | ||||||
17 | livestock (llamas, ratites, cervids, and similar animals are | ||||||
18 | considered livestock under this definition), or native mammals | ||||||
19 | that are not domesticated and normally maintained as pets | ||||||
20 | (i.e., prairie dogs). "Exotic or domesticated animals" does not | ||||||
21 | include hamsters, guinea pigs, gerbils, any member of the | ||||||
22 | species felis catus that has been domesticated, or canis | ||||||
23 | familiaris. | ||||||
24 | "Thermoneutral zone" means the range of ambient | ||||||
25 | temperature in which a dog or cat is able to maintain normal | ||||||
26 | body temperature without a change in metabolic rate. |
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1 | "Work progress form" means a form issued by the Department | ||||||
2 | to a licensee or applicant that provides notice of deficiencies | ||||||
3 | and the improvements required to be made within a specified | ||||||
4 | period of time to comply with this Act. | ||||||
5 | (Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; | ||||||
6 | 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
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7 | (225 ILCS 605/21.5 new) | ||||||
8 | Sec. 21.5. Buildings and premises. | ||||||
9 | (a) All buildings and premises shall be maintained in a | ||||||
10 | sanitary condition and the licensee shall: | ||||||
11 | (1) Have covered, leak-proof containers available for | ||||||
12 | the storage of waste materials before disposal to control | ||||||
13 | vermin and insects. The containers shall be maintained in a | ||||||
14 | sanitary condition. This subsection (a)(1) does not apply | ||||||
15 | to equine shelters. | ||||||
16 | (2) Dispose of dead animals in compliance with the | ||||||
17 | Illinois Dead Animal Disposal Act pursuant to | ||||||
18 | administrative rule or the Companion Animal Cremation Act. | ||||||
19 | Compliance with these Acts shall not exempt a licensee from | ||||||
20 | compliance with local ordinances. | ||||||
21 | (3) Take effective control measures to prevent the | ||||||
22 | infestation of animals and premises with external | ||||||
23 | parasites and vermin. | ||||||
24 | (4) Provide water from a source having sufficient | ||||||
25 | pressure to properly sanitize and clean the facility and |
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1 | equipment. This subsection (a)(4) does not apply to equine | ||||||
2 | shelters. | ||||||
3 | (5) Provide hand washing facilities.
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4 | (b) All buildings shall be constructed so as to provide | ||||||
5 | adequate shelter for the comfort of the animals and shall | ||||||
6 | provide adequate facilities for isolation of diseased animals | ||||||
7 | and their waste to avoid exposure to healthy and salable | ||||||
8 | animals. | ||||||
9 | (c) Floors of buildings, except in equine shelters, that | ||||||
10 | have or display animals shall be of permanent construction to | ||||||
11 | enable thorough cleaning and sanitizing. Dirt and unfinished | ||||||
12 | wood floors are unacceptable, except in equine shelters. | ||||||
13 | Cleaning shall be performed daily, or more often if necessary, | ||||||
14 | to prevent any accumulation of debris, dirt, or waste. | ||||||
15 | (d) Enclosures shall be constructed of a material that is | ||||||
16 | impervious to urine and water and able to withstand damage from | ||||||
17 | gnawing and chewing. This subsection (d) does not apply to | ||||||
18 | equine shelters. The floors of the enclosures must be | ||||||
19 | constructed of a material that does not sag, bend, or bounce, | ||||||
20 | and shall meet all of the following requirements:
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21 | (1) The enclosures must be cleaned and sanitized at | ||||||
22 | least once daily, or more often if necessary. | ||||||
23 | (2) All empty enclosures shall be kept clean at all | ||||||
24 | times. | ||||||
25 | (3) Enclosures shall be of sufficient size to allow the | ||||||
26 | animal to comfortably stand, sit, lie, turn in a complete |
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1 | circle, and offer freedom of movement. | ||||||
2 | (4) An ambient temperature as defined in the rules for | ||||||
3 | the Federal Animal Welfare Act (9 CFR 3.2) shall be | ||||||
4 | maintained for warmblooded animals. In the case of | ||||||
5 | coldblooded animals, the temperature that is compatible to | ||||||
6 | the well-being of the species shall be maintained. | ||||||
7 | (5) The following requirements shall apply on or after | ||||||
8 | December 31, 2021, for all enclosures that contain dogs and | ||||||
9 | cats:
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10 | (A) Enclosure flooring must consist of a solid | ||||||
11 | surface, slats or coated wire (PVC or vinyl) to | ||||||
12 | decrease and prevent injury and decrease the | ||||||
13 | detrimental health effects on the enclosed animals. | ||||||
14 | Slats shall be appropriately spaced for the species and | ||||||
15 | size of the animal and shall be constructed in a manner | ||||||
16 | which prevents the animal's feet from getting trapped | ||||||
17 | or injured. | ||||||
18 | (B) Enclosures may not be stacked on top of each | ||||||
19 | other. | ||||||
20 | (C) Enclosures that are located indoors must be | ||||||
21 | placed in facilities with adequate light and | ||||||
22 | ventilation.
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23 | (6) On or after December 31, 2021, outdoor enclosures | ||||||
24 | for dogs and cats must meet the requirements under | ||||||
25 | paragraph (5) and the following additional requirements: | ||||||
26 | (A) If climatic or ambient temperatures pose a |
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1 | threat to the health and welfare of the dog or cat, | ||||||
2 | effective measures must be taken to eliminate the | ||||||
3 | threat. | ||||||
4 | (B) An outdoor enclosure shall not be used if the | ||||||
5 | dog or cat is unable to tolerate the prevalent | ||||||
6 | temperatures within the animal's thermoneutral zones.
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7 | (e) Runs shall be constructed of material of sufficient | ||||||
8 | strength and design to confine the animals. This subsection (e) | ||||||
9 | does not apply to equine shelters. Runs shall meet all of the | ||||||
10 | following requirements: | ||||||
11 | (1) A run shall be kept in good repair and condition. | ||||||
12 | (2) For new construction or remodeling, the licensee | ||||||
13 | shall provide runs surfaced with concrete or other | ||||||
14 | impervious material. | ||||||
15 | (3) The surface of the run shall be designed to permit | ||||||
16 | the surface to be cleaned, disinfected, and kept free from | ||||||
17 | excessive accumulation of animal waste. | ||||||
18 | (4) Provisions must be made for adequate drainage. | ||||||
19 | Adequate drainage must include gutters and provide for the | ||||||
20 | discharge of any fluid or content into a sewer, septic | ||||||
21 | tank, or filter field. The drainage system shall comply | ||||||
22 | with any local zoning.
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23 | (f) Cages or aquariums for housing of small animals, birds, | ||||||
24 | or fish shall provide space that is not less than 2 and | ||||||
25 | one-half times the body volume of living creatures contained | ||||||
26 | therein. |
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1 | (g) If animals are group-housed, the animals shall be | ||||||
2 | maintained in compatible groups without overcrowding. No | ||||||
3 | female animal in estrus shall be placed in a pen with male | ||||||
4 | animals, except for breeding purposes. | ||||||
5 | (h) Upon an inspection of a licensee or applicant by the | ||||||
6 | Department, the Department may provide a Work Progress Form to | ||||||
7 | the licensee or applicant if deficiencies are detected during | ||||||
8 | the inspection. The licensee or applicant must make the | ||||||
9 | improvements to correct the deficiencies listed in the form | ||||||
10 | within the time period specified in the form.
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11 | (225 ILCS 605/21.10 new) | ||||||
12 | Sec. 21.10. General care of animals. | ||||||
13 | | ||||||
14 | (a) All persons or establishments licensed under this Act | ||||||
15 | shall comply with all sections of the Humane Care for Animals | ||||||
16 | Act. | ||||||
17 | (b) Sufficient clean water and fresh food shall be offered | ||||||
18 | to each animal daily as prescribed in the rules for the Federal | ||||||
19 | Animal Welfare Act (9 CFR 3.5-3.7). In the case of young | ||||||
20 | animals, they shall be fed more than once daily. Reptiles, | ||||||
21 | fish, or amphibians shall be fed and cared for in accordance | ||||||
22 | with the eating patterns and environmental conditions | ||||||
23 | compatible with each individual species. | ||||||
24 | (c) The licensee or his representative shall be present for | ||||||
25 | general care and maintenance of the animals at least once |
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1 | daily. | ||||||
2 | (d) Aquariums containing fish shall be kept in a clean | ||||||
3 | healthful condition. Live algae shall not be considered an | ||||||
4 | unhealthful condition. Any dead fish shall be removed from | ||||||
5 | aquariums. | ||||||
6 | (e) Adult cats shall be provided with litter pans at all | ||||||
7 | times. The pans shall be cleaned and sanitized at least once | ||||||
8 | daily or more often if necessary. | ||||||
9 | (f) Equine shelters shall follow the American Association | ||||||
10 | of Equine Practitioners Care Guidelines for Equine Rescue and | ||||||
11 | Retirement Facilities published in 2004. The American | ||||||
12 | Association of Equine Practitioners Care Guidelines for Equine | ||||||
13 | Rescue and Retirement Facilities care guidelines shall be | ||||||
14 | published on the Department's web site. | ||||||
15 | (g) Dog breeders, animal shelters, kennel operators, | ||||||
16 | animal control facilities, foster homes, and pet shop operators | ||||||
17 | shall provide grooming to prevent matting of coat and to | ||||||
18 | prevent accumulation of fecal matter, urine, or any other | ||||||
19 | material within the coat. Grooming shall include nail trimming | ||||||
20 | to ensure that nails do not injure the dog or cat. | ||||||
21 | (h) Dog breeders, animal shelters, kennel operators, | ||||||
22 | animal control facilities, foster homes, and pet shop operators | ||||||
23 | shall comply with the Animal Control Act with regards to rabies | ||||||
24 | inoculation. The innoculation certificate must be registered | ||||||
25 | in the applicable county. | ||||||
26 | (i) Dog breeders, animal shelters, kennel operators, |
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1 | animal control facilities, foster homes, and pet shop operators | ||||||
2 | shall provide dogs an opportunity for daily exercise. Exercise | ||||||
3 | may consist of a play area, time in run, or leash walks. A | ||||||
4 | daily log shall be maintained documenting daily exercise. | ||||||
5 | (j) Dog breeders, animal shelters, kennel operators, | ||||||
6 | animal control facilities, foster homes, and pet shop operators | ||||||
7 | shall ensure that they have a working relationship with a | ||||||
8 | veterinarian who provides recommendations on vaccination and | ||||||
9 | deworming protocols. Each animal shall receive a complete | ||||||
10 | physical examination within 30 days of intake, and thereafter | ||||||
11 | on an annual basis. A record of the complete physical | ||||||
12 | examinations shall be available for inspection.
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13 | (225 ILCS 605/21.15 new) | ||||||
14 | Sec. 21.15. Records. | ||||||
15 | (a) A record of the sale of each animal, excluding fish, | ||||||
16 | shall be maintained by the licensee for a minimum period of 12 | ||||||
17 | months after date of sale or transfer of the animal. The record | ||||||
18 | shall include the source of the animal, the date of sale, the | ||||||
19 | sex of the animal sold, and the name and address of purchaser. | ||||||
20 | A record of the sale of a small mammal, including hamsters, | ||||||
21 | mice, gerbils, or rats that were born in the United States, | ||||||
22 | birds, and fish is not required. These records must be | ||||||
23 | available for inspection during normal business hours by | ||||||
24 | Department employees or persons designated by the Department. | ||||||
25 | Each licensee must report to the Department the number of dogs, |
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1 | puppies, cats, kittens, and exotic or non-domesticated animals | ||||||
2 | sold for the previous calendar year at the time of license | ||||||
3 | renewal. Shelters and animal control facilities must report to | ||||||
4 | the Department the total number of dogs, cats, and other | ||||||
5 | animals received, adopted, euthanized, or reclaimed by the | ||||||
6 | owner for the previous calendar year at the time of license | ||||||
7 | renewal. | ||||||
8 | (b) If a record of the prophylactic medication received by | ||||||
9 | an animal is used in an advertisement or is furnished to the | ||||||
10 | purchaser or person who acquires an animal, the record must | ||||||
11 | include specific information regarding the type, amount, and | ||||||
12 | date of prophylactic medication. The record shall be kept by | ||||||
13 | the licensee and shall become a part of the retail sales | ||||||
14 | record. | ||||||
15 | (c) The licensee or his representative shall furnish the | ||||||
16 | purchaser of a dog, cat, or nonhuman primate a written | ||||||
17 | statement at the time of sale. The statement shall include all | ||||||
18 | of the following:
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19 | (1) The date of sale and date of birth, if known. | ||||||
20 | (2) The name, address, and telephone number of | ||||||
21 | licensee. | ||||||
22 | (3) The name, address, and telephone number of | ||||||
23 | purchaser. | ||||||
24 | (4) The breed and description of the dog, cat, or | ||||||
25 | non-human primate, including age, sex, and weight of the | ||||||
26 | animal. |
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1 | (5) A description of each prophylactic immunization | ||||||
2 | provided to the animal and the dates that each immunization | ||||||
3 | was administered. | ||||||
4 | (6) A description of each internal parasite medication | ||||||
5 | provided to the animal and the dates that each | ||||||
6 | medication was administered. | ||||||
7 | (7) The record of sterilization of an animal or lack of | ||||||
8 | sterilization. | ||||||
9 | (8) The guarantee, if offered, or a statement that no | ||||||
10 | guarantee was offered to the purchaser. | ||||||
11 | (9) If the dog or cat sold to the purchaser is capable | ||||||
12 | of registration, the name and registration numbers of the | ||||||
13 | sire and dam and registry information. | ||||||
14 | (10) Include any other significant identification, if | ||||||
15 | known, for each animal, including any official tag number, | ||||||
16 | tattoo, or microchip.
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17 | This information may be recorded on Animal Welfare | ||||||
18 | Release Statement or on a similar form prepared by the | ||||||
19 | licensee and approved in advance by the Department. | ||||||
20 | (d) The licensee shall have any dog used as a breeding | ||||||
21 | animal tested annually for canine brucellosis. The test must be | ||||||
22 | performed by a licensed veterinarian and the licensee must keep | ||||||
23 | a copy of the test results for two years.
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24 | (225 ILCS 605/21.20 new) | ||||||
25 | Sec. 21.20. Rules. The Department of Agriculture shall |
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1 | adopt such rules as it deems necessary to carry out this Act. ".
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