Bill Text: MN SF462 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Dog and cat breeders standards of care
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-02-23 - Authors added Bonoff; Marty [SF462 Detail]
Download: Minnesota-2011-SF462-Introduced.html
1.2relating to dogs and cats; providing for licensing and inspection of certain dog and
1.3cat breeders;proposing coding for new law in Minnesota Statutes, chapter 347.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [347.57] DEFINITIONS.
1.6 Subdivision 1. Terms. The definitions in this section apply to sections 347.57
1.7to 347.64.
1.8 Subd. 2. Animal. "Animal" means a dog or a cat.
1.9 Subd. 3. Board. "Board" means the Minnesota Board of Animal Health.
1.10 Subd. 4. Broker. "Broker" means a person, firm, partnership, corporation, or
1.11association that purchases animals for resale to other brokers or pet dealers.
1.12 Subd. 5. Cat. "Cat" means a mammal that is wholly or in part of the species Felis
1.13domesticus. An adult cat is a cat 24 weeks of age or older. A kitten is a cat under 24
1.14weeks of age.
1.15 Subd. 6. Commercial breeder. "Commercial breeder" means a person, other than a
1.16hobby breeder, who possesses or has an ownership interest in animals and is engaged in
1.17the business of breeding animals for sale or for exchange in return for consideration, and
1.18who possesses ten or more adult intact animals and whose animals produce more than five
1.19total litters of puppies or kittens per year.
1.20 Subd. 7. Confinement area. "Confinement area" means a structure used or
1.21designed for use to restrict an animal to a limited amount of space, such as a room, pen,
1.22cage, kennel, compartment, crate, or hutch.
2.1 Subd. 8. Dog. "Dog" means a mammal that is wholly or in part of the species Canis
2.2familiaris. An adult dog is a dog 24 weeks of age or older. A puppy is a dog under 24
2.3weeks of age.
2.4 Subd. 9. Facility. "Facility" means the place used by a commercial breeder for
2.5breeding animals, and includes all buildings, property, confinement areas, and vehicles.
2.6 Subd. 10. Hobby breeder. "Hobby breeder" means a person who possesses or has
2.7an ownership interest in animals and is engaged in the business of breeding animals for sale
2.8or for exchange in return for consideration, and who possesses fewer than ten adult intact
2.9animals or whose animals produce five or fewer total litters of puppies or kittens per year.
2.10 Subd. 11. Local animal control authority. "Local animal control authority" means
2.11an agency of the state, county, municipality, or other political subdivision of the state that
2.12is responsible for animal control operations in its jurisdiction.
2.13 Subd. 12. Person. "Person" means a natural person, firm, partnership, corporation,
2.14or association, however organized.
2.15 Subd. 13. Pet dealer. "Pet dealer" means a person, including a commercial breeder,
2.16that is required to collect sales tax for the sale of animals to the public. "Pet dealer"
2.17does not include a humane society, nonprofit organization performing the functions of a
2.18humane society, or local animal control authority.
2.19 Subd. 14. Possess. "Possess" means to have custody of or have control over.
2.20 Subd. 15. Veterinarian. "Veterinarian" means a veterinarian in good standing and
2.21licensed in the state of Minnesota.
2.22 Sec. 2. [347.58] LICENSING AND INSPECTIONS.
2.23 Subdivision 1. Licensing. (a) The board may grant an operating license to a
2.24commercial breeder and shall enforce sections 347.58 to 347.64.
2.25 (b) Beginning July 1, 2012, a commercial breeder must obtain an annual license
2.26for each facility it owns or operates. More than one building on the same premises is
2.27considered one facility. The board shall establish by rule a range for the initial license
2.28fee and the annual license fee not to exceed $....... for each facility where a commercial
2.29breeder possesses adult breeding animals. The range must increase the fee paid by a
2.30commercial breeder in relationship to the number of adult breeding animals possessed by
2.31the commercial breeder at each facility.
2.32 (c) The board shall inspect a commercial breeder's facility before an initial license
2.33is issued. An announced initial prelicense inspection must be performed no more than
2.3430 days before filing a license application. The initial prelicense inspection fee must be
3.1included with the prelicense application. The application must include an inspection
3.2certificate signed by the inspector in a format approved by the board.
3.3 (d) The license application must indicate if a commercial breeder operates under
3.4more than one name from a single location or has an ownership interest in any other
3.5facility. License holders must keep separate records for each business name.
3.6 (e) The application must include a notarized statement that includes the following
3.7information:
3.8 (1) whether any license held by an applicant under this section or under any other
3.9federal, state, county, or local law, ordinance, or other regulation relating to dealing in or
3.10handling cats or dogs was ever suspended, revoked, or denied;
3.11 (2) whether the applicant was ever convicted of animal cruelty; and
3.12 (3) the estimated number of adult animals that will be kept, housed, and maintained
3.13by the applicant at the location that is the subject of the application and the estimated
3.14number of puppies and kittens to be kept, housed, and maintained during the term of
3.15the license.
3.16 (f) An application from a partnership, corporation, or limited liability company must
3.17include the name and address of all partners, directors, officers, or members and must
3.18include a notation of any partners, directors, officers, members, or others authorized to
3.19represent the partnership, corporation, or limited liability company.
3.20 (g) A nonresident applicant must consent to adjudication of any violation under the
3.21laws of the state of Minnesota and in Minnesota courts.
3.22 (h) A license issued under this section is not transferable.
3.23 (i) A license holder must apply for license renewal annually by submitting a renewal
3.24application on a form approved by the board. The license renewal application must be
3.25postmarked by July 1 of each year. A late renewal is subject to a 50 percent penalty fee. If
3.26a license is not renewed by August 1, the license holder must reapply for an initial license.
3.27 (j) A commercial breeder must submit to the board an annual report by August 1 on
3.28a form prepared by the board. The form must include the current number of cats and dogs
3.29at the facility on the date of the report, the number of animals during the preceding year
3.30that were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased
3.31from other causes, and any other information required by the board.
3.32 (k) If a commercial breeder is required to be licensed by the United States
3.33Department of Agriculture, United States Department of Agriculture inspection reports
3.34and records relating to animal care plans and veterinary care must be made available
3.35during an inspection, upon request.
4.1 (l) A commercial breeder must prominently display the commercial breeder's license
4.2at each facility.
4.3(m) A commercial breeder's state license number must be included in all of the
4.4commercial breeder's advertisements or promotions that pertain to animals being sold or
4.5traded including, but not limited to, all newspapers, Internet, radio, or flyers.
4.6 (n) A commercial breeder must notify the board by certified mail within ten days
4.7of any change in address, name, management, or substantial control and ownership of
4.8the business or operation.
4.9 (o) The board shall refuse to issue an initial license when a commercial breeder:
4.10(1) has violated any provision of chapter 343 or 346;
4.11(2) has failed to meet any of the requirements of this section and section 347.59;
4.12(3) has failed to meet any of the requirements of a local ordinance governing the
4.13license holder;
4.14 (4) has been convicted of cruelty to animals under Minnesota law or under the
4.15law of another jurisdiction;
4.16 (5) has been denied a similar license issued by another authority, either federal or
4.17state, or if the license has been revoked or suspended; or
4.18 (6) has falsified any material information requested by the board.
4.19 (p) A person who has been an officer, agent, direct family member, or employee of a
4.20commercial breeder whose license was revoked or suspended and who was responsible for
4.21or participated in the violation that was a basis for the revocation or suspension may not
4.22be licensed while the revocation or suspension is in effect.
4.23 Subd. 2. Inspections. (a) The board shall inspect each licensed facility at least
4.24annually. The unannounced inspection must be during normal business hours and with the
4.25commercial breeder or an agent of the commercial breeder present. The inspector must
4.26submit an inspection report to the board within ten days of each inspection on a form
4.27prepared by the board. The inspection report form must list separately each law, rule,
4.28regulation, and ordinance the facility is not in compliance with and what correction is
4.29required for compliance. The inspection report form must document the animal inventory
4.30on the date of the inspection.
4.31(b) If, after the prelicense inspection, the commercial breeder has two consecutive
4.32years of inspections with no violations, the board shall inspect the commercial breeder at
4.33least every two years. If the commercial breeder has any violations during an inspection or
4.34if the board has cause, the board shall inspect the commercial breeder at least annually.
4.35(c) If a license to operate is suspended, revoked, or denied, the board must be granted
4.36access to the facility during normal business hours to verify that it is not operating.
5.1 Subd. 3. Fees; rules. The board shall adopt rules to establish the license and
5.2reinspection fees required by this section.
5.3 Subd. 4. Enforcement reimbursement to local units of government. The board
5.4may fully or partially reimburse local units of government for costs incurred by the local
5.5unit of government if it provides assistance in a seizure action. A local unit of government
5.6seeking reimbursement must apply to the board for reimbursement on forms provided
5.7by the board.
5.8 Subd. 5. Posting of information. The board shall maintain and post in a timely
5.9manner on its Web site:
5.10(1) a directory of commercial breeders licensed pursuant to sections 347.57 and
5.11347.58; and
5.12(2) a directory of commercial breeders whose licenses have been suspended or
5.13revoked.
5.14 Sec. 3. [347.59] STANDARDS OF CARE.
5.15 (a) A commercial breeder must comply with the following:
5.16(1) chapters 343 and 346; and
5.17(2) the requirements of an applicable local ordinance governing the license holder.
5.18 (b) A commercial breeder must ensure that animals that are part of the commercial
5.19breeder's breeding business operations are cared for as follows:
5.20 (1) cats must not be housed in outdoor confinement areas;
5.21 (2) animals exercised in groups must be compatible and free of illness;
5.22 (3) females in estrus must not be housed with unneutered males, except for breeding
5.23purposes;
5.24 (4) animals must be provided daily enrichment and must be provided positive
5.25socialization with human beings and compatible animals;
5.26 (5) animals must not be sold, traded, or given away before the age of eight weeks;
5.27 (6) the commercial breeder must provide identification and tracking for each animal,
5.28which is not transferable to another animal; and
5.29 (7) the commercial breeder must provide adequate staff to maintain the facility
5.30and observe each animal daily to monitor the health, well-being, and temperament and
5.31to properly care for the animals.
5.32 (c) A commercial breeder must not knowingly hire staff or independent contractors
5.33who have been convicted of cruelty to animals under the law of any jurisdiction.
5.34(d) A commercial breeder must maintain a written veterinary care plan developed in
5.35conjunction with an attending Minnesota-licensed veterinarian.
6.1(e) A commercial breeder must comply with any additional standards the board
6.2considers necessary to protect the public health and welfare of animals covered under
6.3sections 347.57 to 347.61. The standards must be established by rule.
6.4(f) A United States Department of Agriculture (USDA) licensed breeder or dealer
6.5who is in compliance with the minimum USDA regulations governing the license holder
6.6as they relate to animal confinement areas as of the effective date of this section does not
6.7have to comply with the minimum confinement area measurements under section 346.39,
6.8subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
6.9a USDA licensed breeder or dealer builds a new confinement area after the effective date
6.10of this section, those minimum standards must meet or exceed the minimum specifications
6.11as they relate to confinement area size under section 346.39, subdivision 4.
6.12 Sec. 4. [347.60] INVESTIGATIONS.
6.13 The board, a local animal control authority, a peace officer, or a humane agent
6.14appointed under section 343.01 may initiate an investigation upon receiving a formal
6.15complaint alleging violations of section 347.58 or 347.59.
6.16 Sec. 5. [347.61] SEIZURE.
6.17 A seizure action may be initiated for violation of section 347.59 for animals
6.18determined to be cruelly treated as defined in section 343.12. Section 343.235 applies to
6.19the disposition of animals seized under this section.
6.20 Sec. 6. [347.62] CIVIL ENFORCEMENT.
6.21 Subdivision 1. Correction orders. (a) The board may issue a correction order
6.22requiring a commercial breeder to correct a violation of state statutes, rules, and
6.23regulations governing breeding facilities. The correction order must state the deficiencies
6.24that constitute the violation; the specific statute, rule, or regulation violated; and when
6.25the violation must be corrected.
6.26 (b) A commercial breeder may ask the board to reconsider any portion of the
6.27correction order that the commercial breeder believes is in error. The request for
6.28reconsideration must be made in writing by certified mail within seven days after receipt
6.29of the correction order. The request for reconsideration does not stay the correction order.
6.30The board must respond to the request for reconsideration within 15 days after receiving
6.31a request. The board's disposition of a request for reconsideration is final. The board
6.32may extend the time for complying with a correction order after receiving a request for
6.33reconsideration if necessary.
7.1 (c) The board shall reinspect the facility within 15 days after the time for correcting
7.2the violation has passed to determine whether the violation has been corrected. If the
7.3violation has been corrected, the board shall notify the commercial breeder in writing that
7.4the commercial breeder is in compliance with the correction order. The board may charge
7.5a reinspection fee to determine if a previous violation has been corrected.
7.6 Subd. 2. Administrative penalty orders. After the inspection required under
7.7subdivision 1, paragraph (c), the board may issue an order requiring violations to
7.8be corrected and administratively assessing monetary penalties for violations. The
7.9administrative penalty order must include a citation of the statute, rule, or regulation
7.10violated; a description of the violation; and the amount of the penalty for each violation. A
7.11single correction order may assess a maximum administrative penalty of $5,000.
7.12 Subd. 3. Injunctive relief. In addition to any other remedy provided by law, the
7.13board may bring an action for injunctive relief in the district court in Ramsey County or in
7.14the county in which a violation of the statutes, rules, or regulations governing the breeding
7.15of cats and dogs occurred to enjoin the violation.
7.16 Subd. 4. Cease and desist. The board must issue an order to cease a practice if its
7.17continuation would result in an immediate risk to animal welfare or public health. An
7.18order issued under this subdivision is effective for a maximum of 72 hours. The board or
7.19its designated agent must seek an injunction or take other administrative action authorized
7.20by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
7.21does not preclude other enforcement action by the board.
7.22 Subd. 5. Refusal to reissue license; license suspension or revocation. (a) The
7.23board may suspend, revoke, or refuse to renew a license as follows:
7.24 (1) for failure to comply with a correction order;
7.25 (2) for failure to pay an administrative penalty;
7.26 (3) for failure to meet the requirements of section 347.58 or 347.59; or
7.27 (4) for falsifying information requested by the board.
7.28A license suspension, revocation, or nonrenewal may be appealed through the Office of
7.29Administrative Hearings. A notice of intent to appeal must be filed in writing with the
7.30board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
7.31 (b) The board shall revoke a license if a commercial breeder has been convicted of
7.32cruelty to animals under Minnesota law or the law of another jurisdiction, or for the
7.33denial, revocation, or suspension of a similar license by another federal or state authority.
7.34A license revocation under this subdivision may be appealed through the Office of
7.35Administrative Hearings. A notice of intent to appeal must be filed in writing with the
7.36board within 20 days after receipt of the notice of revocation.
8.1 (c) A commercial breeder whose license is revoked may not reapply for licensure for
8.2two years after the date of revocation. The license is permanently revoked if the basis for
8.3the revocation was a gross misdemeanor or felony conviction for animal cruelty.
8.4 (d) A commercial breeder whose license is suspended or revoked three times is
8.5permanently barred from licensure.
8.6 Subd. 6. Administrative hearing rights. (a) Except as provided in paragraph
8.7(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
8.8must first notify the commercial breeder in writing of the proposed action and provide an
8.9opportunity to request a hearing under the contested case provisions of chapter 14. If the
8.10commercial breeder does not request a hearing within 20 days after receipt of the notice of
8.11the proposed action, the board may proceed with the action without a hearing.
8.12 (b) The contested case provisions of chapter 14 do not apply when the board denies
8.13a license based on an applicant's failure to meet the minimum qualifications for licensure.
8.14 (c) A commercial breeder may appeal the amount of an administrative penalty
8.15order through the Office of Administrative Hearings pursuant to the procedures set forth
8.16in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
8.17writing within 20 days after receipt of the administrative penalty order.
8.18 Subd. 7. Other jurisdictions. The board may accept as prima facie evidence of
8.19grounds for an enforcement action under this section any enforcement or disciplinary
8.20action from another jurisdiction, if the underlying violation would be grounds for a
8.21violation under the provisions of this section.
8.22 Subd. 8. Appeals. A final order by the board may be appealed to the Minnesota
8.23Court of Appeals.
8.24 Sec. 7. [347.63] PENALTIES.
8.25 (a) Except as provided in paragraph (b), a violation of section 347.58 or 347.59
8.26is a misdemeanor.
8.27 (b) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
8.28animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
8.29penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
8.30 (c) It is a misdemeanor for a broker or pet dealer to knowingly purchase or trade a
8.31dog or cat for the purpose of resale or trade to another person from a person required to be
8.32licensed but who does not have a valid license.
8.33 (d) It is a misdemeanor for a pet dealer who is not the commercial breeder of any
8.34animal to knowingly possess an animal under the age of eight weeks. This restriction does
9.1not apply to humane societies, nonprofit organizations performing the functions of a
9.2humane society, or a local animal control authority.
9.3 (e) It is a misdemeanor to falsify information in a license application, annual report,
9.4or record.
9.5 (f) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
9.6for sale.
9.7 Sec. 8. [347.64] DOG AND CAT BREEDERS LICENSING ACCOUNT;
9.8APPROPRIATION.
9.9 Subdivision 1. Fees and penalties. A dog and cat breeders licensing account is
9.10created in the special revenue fund. All fees and penalties collected by the board under
9.11sections 347.58 to 347.63 must be deposited in the state treasury and credited to the dog
9.12and cat breeders licensing account in the special revenue fund. Money in the account,
9.13including interest on the account, is annually appropriated to the board to administer
9.14those sections.
9.15 Subd. 2. Donations for licensing and inspection program. The board may accept
9.16donations and contributions from private parties for the development and administration
9.17of the licensing program under sections 347.57 to 347.64. Money received under this
9.18section must be deposited in the dog and cat breeders licensing account established under
9.19subdivision 1.
9.20 Sec. 9. REGISTRATION.
9.21Beginning July 1, 2011, until June 30, 2012, a commercial breeder must register
9.22each facility it owns or operates by paying a registration fee not to exceed $....... per
9.23facility to the Board of Animal Health. Fees collected under this section must be disposed
9.24of under Minnesota Statutes, section 347.64.
9.25 Sec. 10. EFFECTIVE DATE.
9.26 Sections 1 to 7 are effective July 1, 2012. Sections 8 and 9 are effective the day
9.27following final enactment. The implementation of section 9 is effective upon receiving
9.28private contributions of at least $50,000 that have been deposited in the dog and cat
9.29breeders licensing account.
1.3cat breeders;proposing coding for new law in Minnesota Statutes, chapter 347.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [347.57] DEFINITIONS.
1.6 Subdivision 1. Terms. The definitions in this section apply to sections 347.57
1.7to 347.64.
1.8 Subd. 2. Animal. "Animal" means a dog or a cat.
1.9 Subd. 3. Board. "Board" means the Minnesota Board of Animal Health.
1.10 Subd. 4. Broker. "Broker" means a person, firm, partnership, corporation, or
1.11association that purchases animals for resale to other brokers or pet dealers.
1.12 Subd. 5. Cat. "Cat" means a mammal that is wholly or in part of the species Felis
1.13domesticus. An adult cat is a cat 24 weeks of age or older. A kitten is a cat under 24
1.14weeks of age.
1.15 Subd. 6. Commercial breeder. "Commercial breeder" means a person, other than a
1.16hobby breeder, who possesses or has an ownership interest in animals and is engaged in
1.17the business of breeding animals for sale or for exchange in return for consideration, and
1.18who possesses ten or more adult intact animals and whose animals produce more than five
1.19total litters of puppies or kittens per year.
1.20 Subd. 7. Confinement area. "Confinement area" means a structure used or
1.21designed for use to restrict an animal to a limited amount of space, such as a room, pen,
1.22cage, kennel, compartment, crate, or hutch.
2.1 Subd. 8. Dog. "Dog" means a mammal that is wholly or in part of the species Canis
2.2familiaris. An adult dog is a dog 24 weeks of age or older. A puppy is a dog under 24
2.3weeks of age.
2.4 Subd. 9. Facility. "Facility" means the place used by a commercial breeder for
2.5breeding animals, and includes all buildings, property, confinement areas, and vehicles.
2.6 Subd. 10. Hobby breeder. "Hobby breeder" means a person who possesses or has
2.7an ownership interest in animals and is engaged in the business of breeding animals for sale
2.8or for exchange in return for consideration, and who possesses fewer than ten adult intact
2.9animals or whose animals produce five or fewer total litters of puppies or kittens per year.
2.10 Subd. 11. Local animal control authority. "Local animal control authority" means
2.11an agency of the state, county, municipality, or other political subdivision of the state that
2.12is responsible for animal control operations in its jurisdiction.
2.13 Subd. 12. Person. "Person" means a natural person, firm, partnership, corporation,
2.14or association, however organized.
2.15 Subd. 13. Pet dealer. "Pet dealer" means a person, including a commercial breeder,
2.16that is required to collect sales tax for the sale of animals to the public. "Pet dealer"
2.17does not include a humane society, nonprofit organization performing the functions of a
2.18humane society, or local animal control authority.
2.19 Subd. 14. Possess. "Possess" means to have custody of or have control over.
2.20 Subd. 15. Veterinarian. "Veterinarian" means a veterinarian in good standing and
2.21licensed in the state of Minnesota.
2.22 Sec. 2. [347.58] LICENSING AND INSPECTIONS.
2.23 Subdivision 1. Licensing. (a) The board may grant an operating license to a
2.24commercial breeder and shall enforce sections 347.58 to 347.64.
2.25 (b) Beginning July 1, 2012, a commercial breeder must obtain an annual license
2.26for each facility it owns or operates. More than one building on the same premises is
2.27considered one facility. The board shall establish by rule a range for the initial license
2.28fee and the annual license fee not to exceed $....... for each facility where a commercial
2.29breeder possesses adult breeding animals. The range must increase the fee paid by a
2.30commercial breeder in relationship to the number of adult breeding animals possessed by
2.31the commercial breeder at each facility.
2.32 (c) The board shall inspect a commercial breeder's facility before an initial license
2.33is issued. An announced initial prelicense inspection must be performed no more than
2.3430 days before filing a license application. The initial prelicense inspection fee must be
3.1included with the prelicense application. The application must include an inspection
3.2certificate signed by the inspector in a format approved by the board.
3.3 (d) The license application must indicate if a commercial breeder operates under
3.4more than one name from a single location or has an ownership interest in any other
3.5facility. License holders must keep separate records for each business name.
3.6 (e) The application must include a notarized statement that includes the following
3.7information:
3.8 (1) whether any license held by an applicant under this section or under any other
3.9federal, state, county, or local law, ordinance, or other regulation relating to dealing in or
3.10handling cats or dogs was ever suspended, revoked, or denied;
3.11 (2) whether the applicant was ever convicted of animal cruelty; and
3.12 (3) the estimated number of adult animals that will be kept, housed, and maintained
3.13by the applicant at the location that is the subject of the application and the estimated
3.14number of puppies and kittens to be kept, housed, and maintained during the term of
3.15the license.
3.16 (f) An application from a partnership, corporation, or limited liability company must
3.17include the name and address of all partners, directors, officers, or members and must
3.18include a notation of any partners, directors, officers, members, or others authorized to
3.19represent the partnership, corporation, or limited liability company.
3.20 (g) A nonresident applicant must consent to adjudication of any violation under the
3.21laws of the state of Minnesota and in Minnesota courts.
3.22 (h) A license issued under this section is not transferable.
3.23 (i) A license holder must apply for license renewal annually by submitting a renewal
3.24application on a form approved by the board. The license renewal application must be
3.25postmarked by July 1 of each year. A late renewal is subject to a 50 percent penalty fee. If
3.26a license is not renewed by August 1, the license holder must reapply for an initial license.
3.27 (j) A commercial breeder must submit to the board an annual report by August 1 on
3.28a form prepared by the board. The form must include the current number of cats and dogs
3.29at the facility on the date of the report, the number of animals during the preceding year
3.30that were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased
3.31from other causes, and any other information required by the board.
3.32 (k) If a commercial breeder is required to be licensed by the United States
3.33Department of Agriculture, United States Department of Agriculture inspection reports
3.34and records relating to animal care plans and veterinary care must be made available
3.35during an inspection, upon request.
4.1 (l) A commercial breeder must prominently display the commercial breeder's license
4.2at each facility.
4.3(m) A commercial breeder's state license number must be included in all of the
4.4commercial breeder's advertisements or promotions that pertain to animals being sold or
4.5traded including, but not limited to, all newspapers, Internet, radio, or flyers.
4.6 (n) A commercial breeder must notify the board by certified mail within ten days
4.7of any change in address, name, management, or substantial control and ownership of
4.8the business or operation.
4.9 (o) The board shall refuse to issue an initial license when a commercial breeder:
4.10(1) has violated any provision of chapter 343 or 346;
4.11(2) has failed to meet any of the requirements of this section and section 347.59;
4.12(3) has failed to meet any of the requirements of a local ordinance governing the
4.13license holder;
4.14 (4) has been convicted of cruelty to animals under Minnesota law or under the
4.15law of another jurisdiction;
4.16 (5) has been denied a similar license issued by another authority, either federal or
4.17state, or if the license has been revoked or suspended; or
4.18 (6) has falsified any material information requested by the board.
4.19 (p) A person who has been an officer, agent, direct family member, or employee of a
4.20commercial breeder whose license was revoked or suspended and who was responsible for
4.21or participated in the violation that was a basis for the revocation or suspension may not
4.22be licensed while the revocation or suspension is in effect.
4.23 Subd. 2. Inspections. (a) The board shall inspect each licensed facility at least
4.24annually. The unannounced inspection must be during normal business hours and with the
4.25commercial breeder or an agent of the commercial breeder present. The inspector must
4.26submit an inspection report to the board within ten days of each inspection on a form
4.27prepared by the board. The inspection report form must list separately each law, rule,
4.28regulation, and ordinance the facility is not in compliance with and what correction is
4.29required for compliance. The inspection report form must document the animal inventory
4.30on the date of the inspection.
4.31(b) If, after the prelicense inspection, the commercial breeder has two consecutive
4.32years of inspections with no violations, the board shall inspect the commercial breeder at
4.33least every two years. If the commercial breeder has any violations during an inspection or
4.34if the board has cause, the board shall inspect the commercial breeder at least annually.
4.35(c) If a license to operate is suspended, revoked, or denied, the board must be granted
4.36access to the facility during normal business hours to verify that it is not operating.
5.1 Subd. 3. Fees; rules. The board shall adopt rules to establish the license and
5.2reinspection fees required by this section.
5.3 Subd. 4. Enforcement reimbursement to local units of government. The board
5.4may fully or partially reimburse local units of government for costs incurred by the local
5.5unit of government if it provides assistance in a seizure action. A local unit of government
5.6seeking reimbursement must apply to the board for reimbursement on forms provided
5.7by the board.
5.8 Subd. 5. Posting of information. The board shall maintain and post in a timely
5.9manner on its Web site:
5.10(1) a directory of commercial breeders licensed pursuant to sections 347.57 and
5.11347.58; and
5.12(2) a directory of commercial breeders whose licenses have been suspended or
5.13revoked.
5.14 Sec. 3. [347.59] STANDARDS OF CARE.
5.15 (a) A commercial breeder must comply with the following:
5.16(1) chapters 343 and 346; and
5.17(2) the requirements of an applicable local ordinance governing the license holder.
5.18 (b) A commercial breeder must ensure that animals that are part of the commercial
5.19breeder's breeding business operations are cared for as follows:
5.20 (1) cats must not be housed in outdoor confinement areas;
5.21 (2) animals exercised in groups must be compatible and free of illness;
5.22 (3) females in estrus must not be housed with unneutered males, except for breeding
5.23purposes;
5.24 (4) animals must be provided daily enrichment and must be provided positive
5.25socialization with human beings and compatible animals;
5.26 (5) animals must not be sold, traded, or given away before the age of eight weeks;
5.27 (6) the commercial breeder must provide identification and tracking for each animal,
5.28which is not transferable to another animal; and
5.29 (7) the commercial breeder must provide adequate staff to maintain the facility
5.30and observe each animal daily to monitor the health, well-being, and temperament and
5.31to properly care for the animals.
5.32 (c) A commercial breeder must not knowingly hire staff or independent contractors
5.33who have been convicted of cruelty to animals under the law of any jurisdiction.
5.34(d) A commercial breeder must maintain a written veterinary care plan developed in
5.35conjunction with an attending Minnesota-licensed veterinarian.
6.1(e) A commercial breeder must comply with any additional standards the board
6.2considers necessary to protect the public health and welfare of animals covered under
6.3sections 347.57 to 347.61. The standards must be established by rule.
6.4(f) A United States Department of Agriculture (USDA) licensed breeder or dealer
6.5who is in compliance with the minimum USDA regulations governing the license holder
6.6as they relate to animal confinement areas as of the effective date of this section does not
6.7have to comply with the minimum confinement area measurements under section 346.39,
6.8subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
6.9a USDA licensed breeder or dealer builds a new confinement area after the effective date
6.10of this section, those minimum standards must meet or exceed the minimum specifications
6.11as they relate to confinement area size under section 346.39, subdivision 4.
6.12 Sec. 4. [347.60] INVESTIGATIONS.
6.13 The board, a local animal control authority, a peace officer, or a humane agent
6.14appointed under section 343.01 may initiate an investigation upon receiving a formal
6.15complaint alleging violations of section 347.58 or 347.59.
6.16 Sec. 5. [347.61] SEIZURE.
6.17 A seizure action may be initiated for violation of section 347.59 for animals
6.18determined to be cruelly treated as defined in section 343.12. Section 343.235 applies to
6.19the disposition of animals seized under this section.
6.20 Sec. 6. [347.62] CIVIL ENFORCEMENT.
6.21 Subdivision 1. Correction orders. (a) The board may issue a correction order
6.22requiring a commercial breeder to correct a violation of state statutes, rules, and
6.23regulations governing breeding facilities. The correction order must state the deficiencies
6.24that constitute the violation; the specific statute, rule, or regulation violated; and when
6.25the violation must be corrected.
6.26 (b) A commercial breeder may ask the board to reconsider any portion of the
6.27correction order that the commercial breeder believes is in error. The request for
6.28reconsideration must be made in writing by certified mail within seven days after receipt
6.29of the correction order. The request for reconsideration does not stay the correction order.
6.30The board must respond to the request for reconsideration within 15 days after receiving
6.31a request. The board's disposition of a request for reconsideration is final. The board
6.32may extend the time for complying with a correction order after receiving a request for
6.33reconsideration if necessary.
7.1 (c) The board shall reinspect the facility within 15 days after the time for correcting
7.2the violation has passed to determine whether the violation has been corrected. If the
7.3violation has been corrected, the board shall notify the commercial breeder in writing that
7.4the commercial breeder is in compliance with the correction order. The board may charge
7.5a reinspection fee to determine if a previous violation has been corrected.
7.6 Subd. 2. Administrative penalty orders. After the inspection required under
7.7subdivision 1, paragraph (c), the board may issue an order requiring violations to
7.8be corrected and administratively assessing monetary penalties for violations. The
7.9administrative penalty order must include a citation of the statute, rule, or regulation
7.10violated; a description of the violation; and the amount of the penalty for each violation. A
7.11single correction order may assess a maximum administrative penalty of $5,000.
7.12 Subd. 3. Injunctive relief. In addition to any other remedy provided by law, the
7.13board may bring an action for injunctive relief in the district court in Ramsey County or in
7.14the county in which a violation of the statutes, rules, or regulations governing the breeding
7.15of cats and dogs occurred to enjoin the violation.
7.16 Subd. 4. Cease and desist. The board must issue an order to cease a practice if its
7.17continuation would result in an immediate risk to animal welfare or public health. An
7.18order issued under this subdivision is effective for a maximum of 72 hours. The board or
7.19its designated agent must seek an injunction or take other administrative action authorized
7.20by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
7.21does not preclude other enforcement action by the board.
7.22 Subd. 5. Refusal to reissue license; license suspension or revocation. (a) The
7.23board may suspend, revoke, or refuse to renew a license as follows:
7.24 (1) for failure to comply with a correction order;
7.25 (2) for failure to pay an administrative penalty;
7.26 (3) for failure to meet the requirements of section 347.58 or 347.59; or
7.27 (4) for falsifying information requested by the board.
7.28A license suspension, revocation, or nonrenewal may be appealed through the Office of
7.29Administrative Hearings. A notice of intent to appeal must be filed in writing with the
7.30board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
7.31 (b) The board shall revoke a license if a commercial breeder has been convicted of
7.32cruelty to animals under Minnesota law or the law of another jurisdiction, or for the
7.33denial, revocation, or suspension of a similar license by another federal or state authority.
7.34A license revocation under this subdivision may be appealed through the Office of
7.35Administrative Hearings. A notice of intent to appeal must be filed in writing with the
7.36board within 20 days after receipt of the notice of revocation.
8.1 (c) A commercial breeder whose license is revoked may not reapply for licensure for
8.2two years after the date of revocation. The license is permanently revoked if the basis for
8.3the revocation was a gross misdemeanor or felony conviction for animal cruelty.
8.4 (d) A commercial breeder whose license is suspended or revoked three times is
8.5permanently barred from licensure.
8.6 Subd. 6. Administrative hearing rights. (a) Except as provided in paragraph
8.7(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
8.8must first notify the commercial breeder in writing of the proposed action and provide an
8.9opportunity to request a hearing under the contested case provisions of chapter 14. If the
8.10commercial breeder does not request a hearing within 20 days after receipt of the notice of
8.11the proposed action, the board may proceed with the action without a hearing.
8.12 (b) The contested case provisions of chapter 14 do not apply when the board denies
8.13a license based on an applicant's failure to meet the minimum qualifications for licensure.
8.14 (c) A commercial breeder may appeal the amount of an administrative penalty
8.15order through the Office of Administrative Hearings pursuant to the procedures set forth
8.16in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
8.17writing within 20 days after receipt of the administrative penalty order.
8.18 Subd. 7. Other jurisdictions. The board may accept as prima facie evidence of
8.19grounds for an enforcement action under this section any enforcement or disciplinary
8.20action from another jurisdiction, if the underlying violation would be grounds for a
8.21violation under the provisions of this section.
8.22 Subd. 8. Appeals. A final order by the board may be appealed to the Minnesota
8.23Court of Appeals.
8.24 Sec. 7. [347.63] PENALTIES.
8.25 (a) Except as provided in paragraph (b), a violation of section 347.58 or 347.59
8.26is a misdemeanor.
8.27 (b) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
8.28animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
8.29penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
8.30 (c) It is a misdemeanor for a broker or pet dealer to knowingly purchase or trade a
8.31dog or cat for the purpose of resale or trade to another person from a person required to be
8.32licensed but who does not have a valid license.
8.33 (d) It is a misdemeanor for a pet dealer who is not the commercial breeder of any
8.34animal to knowingly possess an animal under the age of eight weeks. This restriction does
9.1not apply to humane societies, nonprofit organizations performing the functions of a
9.2humane society, or a local animal control authority.
9.3 (e) It is a misdemeanor to falsify information in a license application, annual report,
9.4or record.
9.5 (f) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
9.6for sale.
9.7 Sec. 8. [347.64] DOG AND CAT BREEDERS LICENSING ACCOUNT;
9.8APPROPRIATION.
9.9 Subdivision 1. Fees and penalties. A dog and cat breeders licensing account is
9.10created in the special revenue fund. All fees and penalties collected by the board under
9.11sections 347.58 to 347.63 must be deposited in the state treasury and credited to the dog
9.12and cat breeders licensing account in the special revenue fund. Money in the account,
9.13including interest on the account, is annually appropriated to the board to administer
9.14those sections.
9.15 Subd. 2. Donations for licensing and inspection program. The board may accept
9.16donations and contributions from private parties for the development and administration
9.17of the licensing program under sections 347.57 to 347.64. Money received under this
9.18section must be deposited in the dog and cat breeders licensing account established under
9.19subdivision 1.
9.20 Sec. 9. REGISTRATION.
9.21Beginning July 1, 2011, until June 30, 2012, a commercial breeder must register
9.22each facility it owns or operates by paying a registration fee not to exceed $....... per
9.23facility to the Board of Animal Health. Fees collected under this section must be disposed
9.24of under Minnesota Statutes, section 347.64.
9.25 Sec. 10. EFFECTIVE DATE.
9.26 Sections 1 to 7 are effective July 1, 2012. Sections 8 and 9 are effective the day
9.27following final enactment. The implementation of section 9 is effective upon receiving
9.28private contributions of at least $50,000 that have been deposited in the dog and cat
9.29breeders licensing account.
