Illinois 2025-2026 Regular Session

Illinois House Bill HB1556 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1556 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/3.6225 ILCS 605/3.8225 ILCS 605/3.10 new Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Provides for requirements of professional dog breeders. LRB104 08256 AAS 18306 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1556 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/3.6225 ILCS 605/3.8225 ILCS 605/3.10 new 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/3.6 225 ILCS 605/3.8 225 ILCS 605/3.10 new Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Provides for requirements of professional dog breeders. LRB104 08256 AAS 18306 b LRB104 08256 AAS 18306 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1556 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/3.6225 ILCS 605/3.8225 ILCS 605/3.10 new 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/3.6 225 ILCS 605/3.8 225 ILCS 605/3.10 new
44 225 ILCS 605/2 from Ch. 8, par. 302
55 225 ILCS 605/3.6
66 225 ILCS 605/3.8
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88 Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Provides for requirements of professional dog breeders.
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1414 1 AN ACT concerning regulation.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Animal Welfare Act is amended by changing
1818 5 Sections 2, 3.6, and 3.8 and by adding Section 3.10 as follows:
1919 6 (225 ILCS 605/2) (from Ch. 8, par. 302)
2020 7 Sec. 2. Definitions. As used in this Act unless the
2121 8 context otherwise requires:
2222 9 "Department" means the Illinois Department of Agriculture.
2323 10 "Director" means the Director of the Illinois Department
2424 11 of Agriculture.
2525 12 "Pet shop operator" means any person who sells, offers to
2626 13 sell, exchange, or offers for adoption with or without charge
2727 14 or donation dogs, cats, birds, fish, reptiles, or other
2828 15 animals customarily obtained as pets in this State at retail
2929 16 to the public. However, a person who sells only such animals
3030 17 that he has produced and raised shall not be considered a pet
3131 18 shop operator under this Act, and a veterinary hospital or
3232 19 clinic operated by a veterinarian or veterinarians licensed
3333 20 under the Veterinary Medicine and Surgery Practice Act of 2004
3434 21 shall not be considered a pet shop operator under this Act.
3535 22 "Dog dealer" means any person who sells, offers to sell,
3636 23 exchange, or offers for adoption with or without charge or
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1556 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
4141 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/3.6225 ILCS 605/3.8225 ILCS 605/3.10 new 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/3.6 225 ILCS 605/3.8 225 ILCS 605/3.10 new
4242 225 ILCS 605/2 from Ch. 8, par. 302
4343 225 ILCS 605/3.6
4444 225 ILCS 605/3.8
4545 225 ILCS 605/3.10 new
4646 Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Provides for requirements of professional dog breeders.
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7777 1 donation dogs in this State. However, a person who sells only
7878 2 dogs that he has produced and raised shall not be considered a
7979 3 dog dealer under this Act, and a veterinary hospital or clinic
8080 4 operated by a veterinarian or veterinarians licensed under the
8181 5 Veterinary Medicine and Surgery Practice Act of 2004 shall not
8282 6 be considered a dog dealer under this Act.
8383 7 "Secretary of Agriculture" or "Secretary" means the
8484 8 Secretary of Agriculture of the United States Department of
8585 9 Agriculture.
8686 10 "Person" means any person, firm, corporation, partnership,
8787 11 association or other legal entity, any public or private
8888 12 institution, the State of Illinois, or any municipal
8989 13 corporation or political subdivision of the State.
9090 14 "Kennel operator" means any person who operates an
9191 15 establishment, other than an animal control facility,
9292 16 veterinary hospital, or animal shelter, where dogs or dogs and
9393 17 cats are maintained for boarding, training or similar purposes
9494 18 for a fee or compensation.
9595 19 "Boarding" means a time frame greater than 12 hours or an
9696 20 overnight period during which an animal is kept by a kennel
9797 21 operator.
9898 22 "Cat breeder" means a person who sells, offers to sell,
9999 23 exchanges, or offers for adoption with or without charge cats
100100 24 that he or she has produced and raised. A person who owns, has
101101 25 possession of, or harbors 5 or less females capable of
102102 26 reproduction shall not be considered a cat breeder.
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113113 1 "Dog breeder" means a person who sells, offers to sell,
114114 2 exchanges, or offers for adoption with or without charge dogs
115115 3 that he has produced and raised. A person who owns, has
116116 4 possession of, or harbors 5 or less females capable of
117117 5 reproduction shall not be considered a dog breeder.
118118 6 "Animal control facility" means any facility operated by
119119 7 or under contract for the State, county, or any municipal
120120 8 corporation or political subdivision of the State for the
121121 9 purpose of impounding or harboring seized, stray, homeless,
122122 10 abandoned or unwanted dogs, cats, and other animals. "Animal
123123 11 control facility" also means any veterinary hospital or clinic
124124 12 operated by a veterinarian or veterinarians licensed under the
125125 13 Veterinary Medicine and Surgery Practice Act of 2004 which
126126 14 operates for the above mentioned purpose in addition to its
127127 15 customary purposes.
128128 16 "Animal shelter" means a facility operated, owned, or
129129 17 maintained by a duly incorporated humane society, animal
130130 18 welfare society, or other non-profit organization having
131131 19 tax-exempt status under Section 501(c)(3) of the Internal
132132 20 Revenue Code for the purpose of providing for and promoting
133133 21 the welfare, protection, and humane treatment of animals. An
134134 22 organization that does not have its own building that
135135 23 maintains animals solely in foster homes or other licensees is
136136 24 an "animal shelter" for purposes of this Act. "Animal shelter"
137137 25 also means any veterinary hospital or clinic operated by a
138138 26 veterinarian or veterinarians licensed under the Veterinary
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149149 1 Medicine and Surgery Practice Act of 2004 which operates for
150150 2 the above mentioned purpose in addition to its customary
151151 3 purposes.
152152 4 "Day care operator" means a person who operates an
153153 5 establishment, other than an animal control facility,
154154 6 veterinary hospital, or animal shelter, where dogs or dogs and
155155 7 cats are kept for a period of time not exceeding 12 hours.
156156 8 "Foster home" means an entity that accepts the
157157 9 responsibility for stewardship of animals that are the
158158 10 obligation of an animal shelter or animal control facility,
159159 11 not to exceed 4 foster animals or 2 litters under 8 weeks of
160160 12 age at any given time. A written agreement to operate as a
161161 13 "foster home" shall be contracted with the animal shelter or
162162 14 animal control facility.
163163 15 "Guard dog service" means an entity that, for a fee,
164164 16 furnishes or leases guard or sentry dogs for the protection of
165165 17 life or property. A person is not a guard dog service solely
166166 18 because he or she owns a dog and uses it to guard his or her
167167 19 home, business, or farmland.
168168 20 "Guard dog" means a type of dog used primarily for the
169169 21 purpose of defending, patrolling, or protecting property or
170170 22 life at a commercial establishment other than a farm. "Guard
171171 23 dog" does not include stock dogs used primarily for handling
172172 24 and controlling livestock or farm animals, nor does it include
173173 25 personally owned pets that also provide security.
174174 26 "Return" in return to field or trap, neuter, return
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185185 1 program means to return the cat to field after it has been
186186 2 sterilized and vaccinated for rabies.
187187 3 "Sentry dog" means a dog trained to work without
188188 4 supervision in a fenced facility other than a farm, and to
189189 5 deter or detain unauthorized persons found within the
190190 6 facility.
191191 7 "Probationary status" means the 12-month period following
192192 8 a series of violations of this Act during which any further
193193 9 violation shall result in an automatic 12-month suspension of
194194 10 licensure.
195195 11 "Owner" means any person having a right of property in an
196196 12 animal, who keeps or harbors an animal, who has an animal in
197197 13 his or her care or acts as its custodian, or who knowingly
198198 14 permits a dog to remain on any premises occupied by him or her.
199199 15 "Owner" does not include a feral cat caretaker participating
200200 16 in a trap, spay/neuter, vaccinate for rabies, and return
201201 17 program.
202202 18 "Offer for sale" means to sell, exchange for
203203 19 consideration, offer for adoption, advertise for the sale of,
204204 20 barter, auction, give away, or otherwise dispose of animals.
205205 21 "Professional breeder" means a legal entity or individual
206206 22 that conducts business within this State and that owns, has
207207 23 possession of, or houses more than 5 breeding female dogs, is
208208 24 required to be licensed and regulated under the federal Animal
209209 25 Welfare Act by the United States Department of Agriculture,
210210 26 and, in return for a fee or consideration, sells or adopts the
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221221 1 offspring of the breeding dogs to the public, a pet store, or a
222222 2 tax-exempt rescue organization.
223223 3 (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
224224 4 102-586, eff. 2-23-22.)
225225 5 (225 ILCS 605/3.6)
226226 6 Sec. 3.6. Acceptance of stray dogs and cats.
227227 7 (a) No animal shelter may accept a stray dog or cat unless
228228 8 the animal is reported by the shelter to the animal control or
229229 9 law enforcement of the county in which the animal is found by
230230 10 the next business day. An animal shelter may accept animals
231231 11 from: (1) the owner of the animal where the owner signs a
232232 12 relinquishment form which states he or she is the owner of the
233233 13 animal; (2) an animal shelter licensed under this Act; or (3)
234234 14 an out-of-state animal control facility, rescue group, or
235235 15 animal shelter that is duly licensed in their state or is a
236236 16 not-for-profit organization. An animal shelter shall not
237237 17 accept a dog or cat from an organization described in item (2)
238238 18 or (3) unless it obtains documentation attesting that the dog
239239 19 or cat was not obtained through compensation or payment made
240240 20 to a cat breeder, dog breeder, dog dealer, or dog broker.
241241 21 (b) When stray dogs and cats are accepted by an animal
242242 22 shelter, they must be scanned for the presence of a microchip
243243 23 and examined for other currently-acceptable methods of
244244 24 identification, including, but not limited to, identification
245245 25 tags, tattoos, and rabies license tags. The examination for
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256256 1 identification shall be done within 24 hours after the intake
257257 2 of each dog or cat. The animal shelter shall notify the owner
258258 3 and transfer any dog with an identified owner to the animal
259259 4 control or law enforcement agency in the jurisdiction in which
260260 5 it was found or the local animal control agency for
261261 6 redemption.
262262 7 (c) If no transfer can occur, the animal shelter shall
263263 8 make every reasonable attempt to contact the owner, agent, or
264264 9 caretaker as soon as possible. The animal shelter shall give
265265 10 notice of not less than 7 business days to the owner, agent, or
266266 11 caretaker prior to disposal of the animal. The notice shall be
267267 12 mailed to the last known address of the owner, agent, or
268268 13 caretaker. Testimony of the animal shelter, or its authorized
269269 14 agent, who mails the notice shall be evidence of the receipt of
270270 15 the notice by the owner, agent, or caretaker of the animal. A
271271 16 mailed notice shall remain the primary means of owner, agent,
272272 17 or caretaker contact; however, the animal shelter shall also
273273 18 attempt to contact the owner, agent, or caretaker by any other
274274 19 contact information, such as by telephone or email address,
275275 20 provided by the microchip or other method of identification
276276 21 found on the dog or cat. If the dog or cat has been
277277 22 microchipped and the primary contact listed by the chip
278278 23 manufacturer cannot be located or refuses to reclaim the dog
279279 24 or cat, an attempt shall be made to contact any secondary
280280 25 contacts listed by the chip manufacturer or the purchaser of
281281 26 the microchip if the purchaser is a nonprofit organization,
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292292 1 animal shelter, animal control facility, pet store, breeder,
293293 2 or veterinary office prior to adoption, transfer, or
294294 3 euthanization. Prior to transferring any stray dog or cat to
295295 4 another humane shelter, pet store, rescue group, or
296296 5 euthanization, the dog or cat shall be scanned again for the
297297 6 presence of a microchip and examined for other means of
298298 7 identification. If a second scan provides the same identifying
299299 8 information as the initial intake scan and the owner, agent,
300300 9 or caretaker has not been located or refuses to reclaim the dog
301301 10 or cat, the animal shelter may proceed with adoption,
302302 11 transfer, or euthanization.
303303 12 (d) When stray dogs and cats are accepted by an animal
304304 13 shelter and no owner can be identified, the shelter shall hold
305305 14 the animal for the period specified in local ordinance prior
306306 15 to adoption, transfer, or euthanasia. The animal shelter shall
307307 16 allow access to the public to view the animals housed there. If
308308 17 a dog is identified by an owner who desires to make redemption
309309 18 of it, the dog shall be transferred to the local animal control
310310 19 for redemption. If no transfer can occur, the animal shelter
311311 20 shall proceed pursuant to Section 3.7. Upon lapse of the hold
312312 21 period specified in local ordinance and no owner can be
313313 22 identified, ownership of the animal, by operation of law,
314314 23 transfers to the shelter that has custody of the animal.
315315 24 (e) No representative of an animal shelter may enter
316316 25 private property and remove an animal without permission from
317317 26 the property owner and animal owner, nor can any
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328328 1 representative of an animal shelter direct another individual
329329 2 to enter private property and remove an animal unless that
330330 3 individual is an approved humane investigator (approved by the
331331 4 Department) operating pursuant to the provisions of the Humane
332332 5 Care for Animals Act.
333333 6 (f) Nothing in this Section limits an animal shelter and
334334 7 an animal control facility who, through mutual agreement, wish
335335 8 to enter into an agreement for animal control, boarding,
336336 9 holding, measures to improve life-saving, or other services
337337 10 provided that the agreement requires parties adhere to the
338338 11 provisions of the Animal Control Act, the Humane Euthanasia in
339339 12 Animal Shelters Act, and the Humane Care for Animals Act.
340340 13 (g) An animal shelter shall not obtain a dog or cat by any
341341 14 means other than owner surrender, transfer from an animal
342342 15 control facility, an order by law enforcement, a court order,
343343 16 or an animal shelter in compliance with subsection (a).
344344 17 (Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17;
345345 18 100-870, eff. 1-1-19.)
346346 19 (225 ILCS 605/3.8)
347347 20 Sec. 3.8. Requirements Prohibition of dogs and cats sold
348348 21 by pet shops; recordkeeping.
349349 22 (a) A pet shop operator or dog dealer may offer for sale a
350350 23 dog or cat only if the dog or cat is obtained from an animal
351351 24 control facility, or animal shelter, or professional breeder
352352 25 located in-state or out-of-state, that is in compliance with
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363363 1 Section 3.9 or Section 3.10.
364364 2 (b) (Blank). A pet shop operator shall keep a record of
365365 3 each dog or cat offered for sale. The record must be kept on
366366 4 file for a period of 2 years following the acquisition of each
367367 5 dog or cat, made available to the Department upon request, and
368368 6 submitted to the Department on May 1 and November 1 of each
369369 7 year. The record shall include the following:
370370 8 (1) name, address, and phone number of the animal
371371 9 control facilityor animal shelter each dog or cat was
372372 10 obtained from; and
373373 11 (2) documentation from the animal control facility or
374374 12 animal shelter each dog or cat was obtained from
375375 13 demonstrating compliance with Section 3.9, including the
376376 14 circumstances that led to the animal control facility or
377377 15 animal shelter obtaining ownership of the dog or cat and
378378 16 any other information indicating the dog or cat was not
379379 17 obtained from a source prohibited in Section 3.9.
380380 18 (c) In addition to the penalties set forth in Section
381381 19 20.5, a pet shop operator that violates subsection (a) shall
382382 20 no longer offer for sale a dog or cat regardless of where the
383383 21 dog or cat was obtained.
384384 22 (d) Nothing in this Section prohibits a pet shop operator
385385 23 from providing space to an animal control facility or animal
386386 24 shelter to showcase dogs or cats owned by these entities for
387387 25 the purpose of adoption.
388388 26 (Source: P.A. 102-586, eff. 2-23-22.)
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399399 1 (225 ILCS 605/3.10 new)
400400 2 Sec. 3.10. Requirements of professional dog breeders.
401401 3 (a) In addition to the sourcing requirements in Section
402402 4 3.08, a pet shop operator or dog dealer shall also submit
403403 5 records to the Department that attest that dogs offered for
404404 6 sale are obtained from a professional breeder and that the pet
405405 7 shop operator or dog dealer are in compliance with this
406406 8 Section.
407407 9 (b) A professional breeder violates this Section if any 2
408408 10 of the following conditions are not met:
409409 11 (1) Primary enclosures comply with the following:
410410 12 (A)(i) Prior to December 31, 2026, a primary
411411 13 enclosure provides each dog with a minimum amount of
412412 14 floor space, in square inches, that is equal to at
413413 15 least 2 times the square of the length of the dog
414414 16 housed in the enclosure in inches, as measured from
415415 17 the tip of the nose to the base of the tail plus 6
416416 18 inches; or (ii) on and after December 31, 2026, a
417417 19 primary enclosure provides each dog with a minimum
418418 20 amount of floor space, in square inches, that is equal
419419 21 to at least 2 times the square of the length of the dog
420420 22 housed in the enclosure in inches, as measured from
421421 23 the tip of the nose to the base of the tail plus 9
422422 24 inches. For each additional dog that is kept or
423423 25 confined in a primary enclosure, the enclosure shall
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434434 1 have additional floor space in square inches equal to
435435 2 the square of the length of the dog housed in the
436436 3 enclosure in inches, as measured from the tip of the
437437 4 nose to the base of the tail plus 9 inches.
438438 5 (B) The primary enclosures have solid or slatted
439439 6 floors and may consist of coated or expanded metal
440440 7 flooring. The mandatory minimum space required for
441441 8 primary enclosures in professional breeding facilities
442442 9 shall have solid floors or flooring that is slatted
443443 10 with slats that are at least 3.5 inches in width with
444444 11 no more than half-inch gaps between slats. Flooring
445445 12 shall be constructed in a manner that protects the
446446 13 dogs' feet and legs from injury and that will not allow
447447 14 the dogs' feet to pass through any openings in the
448448 15 floor.
449449 16 (C) The primary enclosures consist of materials
450450 17 that can be cleaned and sanitized, are safe for the
451451 18 breed, size, and age of the dog, are free from
452452 19 protruding sharp edges, and are designed so that the
453453 20 paw of the dog is unable to extend through or become
454454 21 caught in the flooring.
455455 22 (D) If the flooring surface of the primary
456456 23 enclosure consists of a material that is not solid,
457457 24 the primary enclosure has a solid resting area that
458458 25 can accommodate the full length of the dog while lying
459459 26 down.
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470470 1 (E) The flooring of the primary enclosure does not
471471 2 sag, bend, or bounce.
472472 3 (F) The primary enclosures are not stacked on top
473473 4 of one another.
474474 5 (G) The indoor temperatures of the primary
475475 6 enclosures do not exceed below 45 degrees Fahrenheit
476476 7 or above 85 degrees Fahrenheit for more than 2 hours,
477477 8 unless a variation is recommended in consultation with
478478 9 a licensed veterinarian.
479479 10 (2) Breeding practices and veterinary care shall
480480 11 comply with the following:
481481 12 (A) A breeding female shall receive an examination
482482 13 by a licensed veterinarian prior to its first breeding
483483 14 cycle to ensure the female is healthy enough to be
484484 15 bred.
485485 16 (B) Annual veterinarian exams shall include, but
486486 17 are not limited to: (i) a hands-on examination by a
487487 18 veterinarian, including a comprehensive physical
488488 19 examination, dental assessment, body condition
489489 20 scoring, and pain assessment, at least once a year to
490490 21 ensure health problems are identified and treated;
491491 22 (ii) an assessment that a breeding female has received
492492 23 adequate rest between litters to allow for proper
493493 24 physical recovery and remains healthy enough to be
494494 25 bred prior to its next breeding cycle; and (iii)
495495 26 regular fur grooming and nail trimming as needed for
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506506 1 the safety and comfort of the dog based on that dog's
507507 2 breed or at least twice a year.
508508 3 (C) Canine cesarean sections and euthanasia are to
509509 4 be performed only by licensed veterinarians.
510510 5 (D) Retention of veterinarian records detailing
511511 6 the program of care to ensure professional breeding
512512 7 facilities provide the necessary care routinely
513513 8 prescribed to companion animals.
514514 9 (E) Unless otherwise directed by a veterinarian,
515515 10 the dog is provided, twice each day, food that is
516516 11 sufficient to maintain body condition and weight as
517517 12 directed by a veterinarian. The food shall be
518518 13 unspoiled and uncontaminated, provided in accordance
519519 14 with a nutritional plan recommended by a veterinarian,
520520 15 and served in receptacles that are clean and sanitary.
521521 16 (F) Each day, the dog is provided access to a
522522 17 continuous supply of potable water that is in clean
523523 18 and sanitary receptacles and is of sufficient quality
524524 19 and quantity to ensure maintenance of normal body
525525 20 condition and growth unless otherwise directed by a
526526 21 veterinarian.
527527 22 (G) The breeder shall comply with a vaccination
528528 23 and parasite control program that is approved by a
529529 24 veterinarian and that is consistent with
530530 25 recommendations of the American Veterinary Medical
531531 26 Association or the American Animal Hospital
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542542 1 Association.
543543 2 (3) All adult dogs in professional breeding facilities
544544 3 have either constant, unfettered access or supervised
545545 4 daily access to an exercise area of sufficient size to
546546 5 ensure proper physical development, health, and
547547 6 socialization. Socialization includes, but is not limited
548548 7 to, daily petting, stroking, grooming, feeding, playing
549549 8 with, exercising, or other touching of the dog that is
550550 9 beneficial to the well-being of the dog. The exercise area
551551 10 should, at a minimum, be at least twice the amount of space
552552 11 required for the primary enclosure. The exercise area may
553553 12 be indoors or outdoors. The exercise and socialization
554554 13 program must be approved and certified by a licensed
555555 14 veterinarian.
556556 15 (4) If a dog is no longer to be bred or a veterinarian
557557 16 determines the dog is no longer healthy enough to be bred,
558558 17 the breeder shall retire the animal. If the breeder
559559 18 chooses not to keep the dog, the breeder must make all
560560 19 reasonable efforts to find placement with an adoptive
561561 20 family, rescue organization, or other appropriate owner
562562 21 for that animal.
563563 22 (5) A professional breeder shall maintain all
564564 23 veterinarian and animal care records for each animal for 2
565565 24 years after ceasing to own the animal. A professional
566566 25 breeder shall provide a copy of all veterinarian records,
567567 26 audit records, and inspection reports upon the sale of any
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578578 1 animal. A pet store operator or dog dealer shall make
579579 2 available copies of all veterinarian records, audit
580580 3 records, and inspection reports of any animal to the
581581 4 Department upon request.
582582 5 (c) In addition to the penalties set forth in Section
583583 6 20.5:
584584 7 (1) Whenever the Attorney General has reason to
585585 8 believe that a professional breeder is intentionally or
586586 9 recklessly using any method, act, or practice that is in
587587 10 violation of Section 3.10 and that proceedings would be in
588588 11 the public interest, the Attorney General may bring an
589589 12 action against such professional breeder to restrain by
590590 13 preliminary or permanent injunction the use of such
591591 14 method, act, or practice.
592592 15 (2) Any person who received a dog or cat from a
593593 16 professional breeder and who suffers actual damage may
594594 17 bring an action for injunctive relief against a
595595 18 professional breeder who intentionally or recklessly
596596 19 violates Section 3.10. The court, in its discretion, may
597597 20 restrain by preliminary or permanent injunction the use of
598598 21 such method, act, or practice that is in violation of
599599 22 Section 3.10.
600600 23 (3) Prior to bringing an action under paragraph (2), a
601601 24 person must first send notice to the Department of the
602602 25 person's intent to file an action and shall include a list
603603 26 of alleged violations. Actions pursuant to paragraph (2)
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