*SB0134.1*
February 14, 2023
SENATE BILL No. 134
_____
DIGEST OF SB 134 (Updated February 13, 2023 12:02 pm - DI 150)
Citations Affected: IC 15-22.
Synopsis: Retail sale of dogs. Enacts an article concerning the retail
sale of dogs. Provides that restrictions on ordinances concerning the
retail sale of dogs do not apply to a city or incorporated town that
adopts an ordinance before January 1, 2023. Defines a "hobby breeder".
Provides that restrictions on the retail sale of dogs apply to certain
cities and incorporated towns. Defines a "kennel" to include an
establishment that is liable for the payment of a county option dog tax.
Effective: July 1, 2023.
Doriot, Leising, Byrne
January 9, 2023, read first time and referred to Committee on Agriculture.
February 13, 2023, amended, reported favorably — Do Pass.
SB 134—LS 6656/DI 150 February 14, 2023
First Regular Session of the 123rd General Assembly (2023)
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SENATE BILL No. 134
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 15-22 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2023]:
4 ARTICLE 22. RETAIL SALE OF DOGS
5 Chapter 1. Applicability
6 Sec. 1. This article applies only to the following:
7 (1) A city (as defined by IC 36-1-2-3).
8 (2) An incorporated town.
9 Chapter 2. Definitions
10 Sec. 1. As used in this article, "hobby breeder" means a person
11 who maintains at least five (5) and not more than twenty (20)
12 unaltered female dogs that are at least twelve (12) months of age.
13 Sec. 2. As used in this article, "kennel" means an establishment
14 that:
15 (1) operates for the:
16 (A) breeding;
17 (B) boarding;
SB 134—LS 6656/DI 150 2
1 (C) training; or
2 (D) sale;
3 of dogs; and
4 (2) is liable for payment of a county option dog tax, if the
5 kennel is located in a county that has adopted a tax under
6 IC 6-9-39-3.
7 Sec. 3. (a) As used in this article, "retail pet store" means a
8 commercial enterprise that sells dogs or dog accessories for profit.
9 (b) The term excludes a kennel.
10 Sec. 4. As used in this article, "unit" means a city (as defined by
11 IC 36-1-2-3) or an incorporated town.
12 Chapter 3. Ordinances and Regulations Concerning the Retail
13 Sale of Dogs
14 Sec. 1. (a) This section does not apply to a unit that adopts an
15 ordinance or regulation before January 1, 2023, that prohibits the
16 sale of dogs in retail pet stores.
17 (b) A unit may not adopt an ordinance or regulation that
18 prohibits or effectively prohibits the sale of a dog by a retail pet
19 store that acquires dogs from any of the following:
20 (1) A commercial dog broker or commercial dog breeder that
21 meets the following criteria:
22 (A) Is registered as required by IC 15-21-2-1.
23 (B) Is certified by a national science based breeder
24 standards program.
25 (C) Is audited by an independent auditing firm that
26 complies with the applicable standards of the International
27 Organization for Standardization.
28 (2) A licensee (as defined in 9 CFR 1.1) that is subject to 9
29 CFR 3.1 and has no direct violations for the previous two (2)
30 years.
31 (3) A hobby breeder.
32 Chapter 4. Sales of Dogs by Retail Pet Stores
33 Sec. 1. Before the time of sale of a dog, a retail pet store
34 operator must, to the best of the operator's knowledge, provide to
35 the consumer the following information on the dog being offered
36 for sale:
37 (1) The retail price of the dog, including any additional fees or
38 charges.
39 (2) The dog's breed or breeds, if known, age, date of birth, sex,
40 and color.
41 (3) The date and description of any inoculation or medical
42 treatment that the dog received while in the possession of the:
SB 134—LS 6656/DI 150 3
1 (A) retail pet store; and
2 (B) commercial dog breeder, commercial dog broker,
3 humane society, animal rescue operation, or animal
4 shelter;
5 that the retail pet store is aware of.
6 (4) If the dog was supplied by a commercial dog breeder or
7 commercial dog broker, the name and address of the
8 commercial dog breeder or commercial dog broker.
9 (5) If eligible for registration with a pedigree registry, the
10 name and registration numbers of the sire and dam and the
11 address of the pedigree registry where the sire and dam are
12 registered.
13 (6) A copy of the retail pet store's policy regarding
14 warranties, refunds, or returns, and an explanation of the
15 remedy under section 3(c) of this chapter, in addition to any
16 other remedies available at law.
17 (7) Disclosure that the dog has been microchipped and the
18 microchip has been enrolled in a nationally searchable data
19 base. Each dog must be microchipped by the retail pet store
20 operator before the sale of the dog.
21 Sec. 2. A retail pet store may not sell a dog to a person who is
22 less than eighteen (18) years of age.
23 Sec. 3. (a) A customer who purchases a dog from a retail pet
24 store is entitled to a remedy under subsection (c) if:
25 (1) within fourteen (14) days after the date of sale, a licensed
26 veterinarian states in writing that at the time of sale:
27 (A) the dog was unfit for purchase due to illness or disease
28 or the presence of symptoms of a contagious or infectious
29 disease that are extreme enough to influence the general
30 health of the dog, excluding fleas or ticks; or
31 (B) the dog has died from a disease that existed in the dog
32 on or before the date of delivery of the dog to the
33 customer; or
34 (2) within two (2) years after the date of sale, a licensed
35 veterinarian states in writing that the dog:
36 (A) possesses a congenital or hereditary condition that
37 adversely affects the health of the dog or requires either
38 hospitalization or a nonelective surgical procedure; or
39 (B) has died of a congenital or hereditary condition.
40 (b) The veterinarian's statement under subsection (a)(2) must
41 include:
42 (1) the customer's name and address;
SB 134—LS 6656/DI 150 4
1 (2) a statement that the veterinarian examined the dog;
2 (3) the date or dates that the dog was examined;
3 (4) the breed and age of the dog, if known;
4 (5) a statement that the dog has or had a disease, illness, or
5 congenital or hereditary condition; and
6 (6) the findings of the examination or necropsy, including any
7 lab results or copies of the results.
8 (c) A customer entitled to a remedy under this section may:
9 (1) return the dog to the retail pet store for a full refund of the
10 purchase price;
11 (2) exchange the dog for another dog of comparable value
12 chosen by the customer;
13 (3) retain the dog and be reimbursed for reasonable
14 veterinary fees for diagnosis and treatment of the dog, not to
15 exceed the purchase price of the dog; or
16 (4) if the dog is deceased, be reimbursed:
17 (A) the full purchase price of the dog; and
18 (B) reasonable veterinary fees associated with the
19 diagnosis and treatment of the dog, not to exceed the
20 purchase price of the dog.
SB 134—LS 6656/DI 150 5
COMMITTEE REPORT
Madam President: The Senate Committee on Agriculture, to which
was referred Senate Bill No. 134, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete committee amendment AM013402, adopted by the Senate
Agriculture Committee on January 23, 2023.
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to SB 134 as introduced and as amended by
AM013402 as adopted by the Senate Agriculture Committee.)
LEISING, Chairperson
Committee Vote: Yeas 7, Nays 2.
SB 134—LS 6656/DI 150