Introduced Version
HOUSE BILL No. 1412
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-17-3-13; IC 15-21; IC 24-5-0.5-3;
IC 35-52-15.
Synopsis: Canine standard of care. Sets forth regulations concerning
the retail sale of dogs. Requires retail pet stores, animal care facilities,
and animal rescue operations to register with the board of animal
health. Establishes mandatory disclosures and warranties for a retail pet
store selling dogs. Establishes a random inspection program for
commercial dog breeders, commercial dog brokers, and retail pet stores
beginning July 1, 2025. Voids local ordinances prohibiting the sale of
dogs at retail pet stores.
Effective: July 1, 2024; July 1, 2025.
Baird, Aylesworth, Morris
January 11, 2024, read first time and referred to Committee on Agriculture and Rural
Development.
2024 IN 1412—LS 6515/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1412
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 15-17-3-13, AS AMENDED BY P.L.41-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 13. In addition to the powers and duties given the
4 board in this article and by law, the board has the powers and duties
5 reasonable and necessary to do the following:
6 (1) Provide for the quarantine of animals and objects to prevent,
7 control, and eradicate diseases and pests of animals.
8 (2) Develop, adopt, and implement programs and procedures for
9 establishing and maintaining accredited, certified, validated, or
10 designated disease or pest free or disease or pest monitored
11 animals, herds, flocks, or areas, including the following:
12 (A) The establishment and maintenance of herds that are
13 monitored for disease or pest syndromes.
14 (B) The establishment and maintenance of certified or
15 validated brucellosis free herds, animals, and areas.
16 (C) The establishment and maintenance of accredited
17 tuberculosis free herds, animals, and areas.
2024 IN 1412—LS 6515/DI 150 2
1 (3) Develop, adopt, and implement programs and plans for the
2 prevention, detection, control, and eradication of diseases and
3 pests of animals.
4 (4) Control or prohibit, by permit or other means, the movement
5 and transportation into, out of, or within Indiana of animals and
6 objects in order to prevent, detect, control, or eradicate diseases
7 and pests of animals. When implementing controls or
8 prohibitions, the board may consider whether animals or objects
9 are diseased, suspected to be diseased, or under quarantine, or
10 whether the animals or objects originated from a country, a state,
11 an area, or a premises that is known or suspected to harbor
12 animals or objects infected with or exposed to a disease or pest of
13 animals.
14 (5) Control or prohibit the public and private sale of animals and
15 objects in order to prevent the spread of disease and pests of
16 animals.
17 (6) Control the use, sanitation, and disinfection of:
18 (A) public stockyards; and
19 (B) vehicles used to transport animals and objects into and
20 within Indiana;
21 to accomplish the objectives of this article.
22 (7) Control the use, sanitation, and disinfection of premises,
23 facilities, and equipment to accomplish the objectives of this
24 article.
25 (8) Control the movement of animals and objects to, from, and
26 within premises where diseases or pests of animals may exist.
27 (9) Control the movement and disposal of carcasses of animals
28 and objects.
29 (10) Control the manufacture, sale, storage, distribution, handling,
30 and use of serums, vaccines, and other biologics and veterinary
31 drugs, except those drugs for human consumption regulated under
32 IC 16-42-19, to be used for the prevention, detection, control, and
33 eradication of disease and pests of animals.
34 (11) Control and prescribe the means, methods, and procedures
35 for the vaccination or other treatment of animals and objects and
36 the conduct of tests for diseases and pests of animals.
37 (12) Develop, adopt, and implement plans and programs for the
38 identification of animals, objects, premises, and means of
39 conveyances. Plans and programs may include identification:
40 (A) of animals or objects that have been condemned under this
41 article; and
42 (B) related to classification as to disease, testing, vaccination,
2024 IN 1412—LS 6515/DI 150 3
1 or treatment status.
2 (13) Establish the terms and method of appraisal or other
3 determination of value of animals and objects condemned under
4 this article, the payment of any indemnities that may be provided
5 for the animals and objects, and the regulation of the sale or other
6 disposition of the animals or objects.
7 (14) Control the sale of baby chicks.
8 (15) Cooperate and enter into agreements with the appropriate
9 departments and agencies of this state, any other state, or the
10 federal government to prevent, detect, control, and eradicate
11 diseases and pests of animals.
12 (16) Control or prohibit the movement and transportation into, out
13 of, or within Indiana of wild animals, including birds, that might
14 carry or disseminate diseases or pests of animals.
15 (17) Provide for condemning or abating conditions that cause,
16 aggravate, spread, or harbor diseases or pests of animals.
17 (18) Establish and designate, in addition to the animal disease
18 diagnostic laboratory under IC 21-46-3-1, other laboratories
19 necessary to make tests of any nature for diseases and pests of
20 animals.
21 (19) Investigate, develop, and implement the best methods for the
22 prevention, detection, control, suppression, or eradication of
23 diseases and pests of animals.
24 (20) Investigate, gather, and compile information concerning the
25 organization, business conduct, practices, and management of any
26 registrant, licensee, permittee, applicant for a license, or applicant
27 for a permit.
28 (21) Investigate allegations of unregistered, unlicensed, and
29 unpermitted activities.
30 (22) Institute legal action in the name of the state of Indiana
31 necessary to enforce:
32 (A) the board's orders and rules; and
33 (B) this article.
34 (23) Control the collection, transportation, and cooking of garbage
35 to be fed to swine or other animals and all matters of sanitation
36 relating to the collection, transportation, and cooking of garbage
37 affecting the health of swine or other animals and affecting public
38 health and comfort.
39 (24) Adopt an appropriate seal.
40 (25) Issue orders as an aid to enforcement of the powers granted
41 by this article, IC 15-18-1, and IC 15-19-6.
42 (26) Control disposal plants and byproducts collection services
2024 IN 1412—LS 6515/DI 150 4
1 and all matters connected to disposal plants and byproducts
2 collection services.
3 (27) Abate biological or chemical substances that:
4 (A) remain in or on any animal before or at the time of
5 slaughter as a result of treatment or exposure; and
6 (B) are found by the board to be or have the potential of being
7 injurious to the health of animals or humans.
8 (28) Regulate the production, manufacture, processing, and
9 distribution of products derived from animals to control health
10 hazards that may threaten:
11 (A) animal health;
12 (B) the public health and welfare of the citizens of Indiana;
13 and
14 (C) the trade in animals and animal products in and from
15 Indiana.
16 (29) Cooperate and coordinate with animal owners, law
17 enforcement, and local, state, and federal emergency management
18 agencies to plan for, prepare for, respond to, and recover from all
19 hazard emergencies in Indiana.
20 (30) Assist law enforcement agencies investigating allegations of
21 cruelty and neglect of animals.
22 (31) Assist organizations that represent livestock and poultry
23 producers with issues and programs related to the care of
24 livestock and poultry.
25 (32) Establish a registry of commercial dog brokers, and
26 commercial dog breeders, and retail pet stores in Indiana.
27 (33) Establish a registry of animal care facilities (as defined in
28 IC 15-20-4-1) and animal rescue operations.
29 (34) Conduct inspections of the following entities:
30 (A) Commercial dog breeders.
31 (B) Commercial dog brokers.
32 (C) Retail pet stores.
33 SECTION 2. IC 15-21-1-1 IS REPEALED [EFFECTIVE JULY 1,
34 2024]. Sec. 1. (a) This article does not apply to:
35 (1) an animal shelter;
36 (2) a humane society;
37 (3) an animal rescue operation;
38 (4) a hobby breeder;
39 (5) a person who breeds at least seventy-five percent (75%) of the
40 person's dogs as sport dogs for hunting purposes; or
41 (6) a person who breeds at least seventy-five percent (75%) of the
42 person's dogs as service dogs or as dogs for use by the police or
2024 IN 1412—LS 6515/DI 150 5
1 the armed forces.
2 (b) As used in this section, "animal rescue operation" means a
3 person or organization:
4 (1) that accepts within one (1) year:
5 (A) more than twelve (12) dogs; or
6 (B) more than nine (9) dogs and more than three (3) unweaned
7 litters of puppies;
8 that are available for adoption for human companionship as pets
9 or as companion animals in permanent adoptive homes and that
10 are maintained in a private residential dwelling; or
11 (2) that uses a system of private residential dwellings as foster
12 homes for the dogs.
13 The term does not include a person or organization that breeds dogs.
14 (c) As used in this section, "hobby breeder" means a person who
15 maintains fewer than twenty (20) unaltered female dogs that are at least
16 twelve (12) months of age.
17 SECTION 3. IC 15-21-1-1.5 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2024]: Sec. 1.5. This article does not apply to a:
20 (1) hobby breeder;
21 (2) person who breeds at least seventy-five percent (75%) of
22 the person's dogs as sport dogs for hunting purposes; or
23 (3) person who breeds at least seventy-five percent (75%) of
24 the person's dogs as service dogs or as dogs for use by the
25 police or the armed forces.
26 SECTION 4. IC 15-21-1-2, AS ADDED BY P.L.111-2009,
27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 2. The definitions in sections 3 through 7 of this
29 chapter apply throughout this article.
30 SECTION 5. IC 15-21-1-2.3 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2024]: Sec. 2.3. "Animal care facility" has the meaning set forth
33 in IC 6-9-39-1.
34 SECTION 6. IC 15-21-1-2.5 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2024]: Sec. 2.5. "Animal rescue operation" means a person or
37 organization that:
38 (1) accepts during one (1) year:
39 (A) more than twelve (12) dogs; or
40 (B) more than:
41 (i) nine (9) dogs; and
42 (ii) three (3) unweaned litters of puppies;
2024 IN 1412—LS 6515/DI 150 6
1 that are available for adoption as pets or as companion
2 animals in permanent adoptive homes and that are
3 maintained in a private residential dwelling; or
4 (2) uses a system of private residential dwellings as foster
5 homes for dogs.
6 The term does not include a person or organization that breeds
7 dogs.
8 SECTION 7. IC 15-21-1-3.5 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 3.5. "Canine care certified program" refers to the
11 certificate program administered by Purdue University that
12 establishes standards for canine:
13 (1) nutrition;
14 (2) veterinary care;
15 (3) housing;
16 (4) handling; and
17 (5) exercise.
18 SECTION 8. IC 15-21-1-4, AS ADDED BY P.L.111-2009,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 4. "Commercial dog breeder" means a person
21 who:
22 (1) maintains more than twenty (20) nineteen (19) unaltered
23 female dogs that are at least twelve (12) months of age; and
24 (2) engages in the sale of dogs, resulting from the breeding of
25 dogs, to:
26 (A) a dog broker;
27 (B) a pet store; or
28 (C) the general public.
29 SECTION 9. IC 15-21-1-5, AS ADDED BY P.L.111-2009,
30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 5. "Commercial dog broker" means a person:
32 (1) who is a Class "B" licensee under 9 CFR 1.1; and or
33 (2) who sells at least five hundred (500) dogs in a calendar year.
34 SECTION 10. IC 15-21-1-5.3 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2024]: Sec. 5.3. "Hobby breeder" means a
37 person who maintains fewer than twenty (20) unaltered female
38 dogs that are at least twelve (12) months of age.
39 SECTION 11. IC 15-21-1-6.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) "Retail pet store" means
42 a commercial enterprise that sells dogs from a place of business at
2024 IN 1412—LS 6515/DI 150 7
1 which the seller, buyer, and dog are physically present so the buyer
2 may observe the dog before purchasing or taking custody of that
3 dog after purchase.
4 (b) The term excludes the following:
5 (1) Commercial dog breeders registered under IC 15-21-3-1.
6 (2) Hobby breeders.
7 (3) Persons who breed at least seventy-five percent (75%) of
8 the person's dogs as sport dogs for hunting purposes.
9 (4) Persons who breed at least seventy-five percent (75%) of
10 the person's dogs as service dogs or as dogs for use by the
11 police or the armed forces.
12 SECTION 12. IC 15-21-1-6.7 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Unit" refers to a county,
15 municipality, or township.
16 SECTION 13. IC 15-21-2-1, AS ADDED BY P.L.111-2009,
17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 1. A person may not operate:
19 (1) a commercial dog breeder operation; or
20 (2) as a commercial dog broker;
21 (3) a retail pet store;
22 (4) an animal care facility; or
23 (5) an animal rescue operation;
24 without being registered with the board in accordance with this chapter.
25 IC 15-21-3.
26 SECTION 14. IC 15-21-2-2.5 IS ADDED TO THE INDIANA
27 CODE AS A NEW SECTION TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The following entities that
29 are registered under IC 15-21-3 shall post notice of the entity's
30 registration with the board in a prominent place visible to the
31 public:
32 (1) A retail pet store.
33 (2) An animal care facility.
34 (3) An animal rescue operation.
35 SECTION 15. IC 15-21-2-3, AS ADDED BY P.L.111-2009,
36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 3. (a) A commercial dog breeder who knowingly
38 or intentionally fails to register with the board as a commercial dog
39 breeder commits a Class A misdemeanor.
40 (b) A commercial dog broker who knowingly or intentionally fails
41 to register with the board as a commercial dog broker commits a Class
42 A misdemeanor.
2024 IN 1412—LS 6515/DI 150 8
1 (c) A retail pet store operator that knowingly or intentionally
2 fails to register with the board as a retail pet store commits a Class
3 A misdemeanor.
4 (d) An operator of:
5 (1) an animal care facility; or
6 (2) an animal rescue operation;
7 that knowingly or intentionally fails to register with the board
8 commits a Class A misdemeanor.
9 (c) (e) A commercial dog breeder or a commercial dog broker who
10 fails to register with the board is liable to the state for two (2) times the
11 amount of registration fees that the commercial dog breeder or
12 commercial dog broker failed to pay. The attorney general may bring
13 an action to collect unpaid commercial dog breeder or commercial dog
14 broker registration fees. Funds collected under this subsection shall be
15 deposited in the commercial dog breeder and broker fund established
16 by IC 15-21-3-3.
17 (f) If any of the following entities fail to register with the board,
18 the entity may not operate in Indiana until the entity registers with
19 the board:
20 (1) Commercial dog breeder.
21 (2) Commercial dog broker.
22 (3) Retail pet store.
23 (4) Animal care facility.
24 (5) Animal rescue operation.
25 SECTION 16. IC 15-21-3-2.3 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 2.3. (a) A retail pet store shall file
28 an initial registration with the board in a form prescribed by the
29 board.
30 (b) After the initial registration under subsection (a), a retail pet
31 store shall register annually with the board in a manner prescribed
32 by the board.
33 (c) The board shall provide for notice of the upcoming
34 expiration of registration to each registrant at least thirty (30) days
35 before the expiration of the registration.
36 (d) A retail pet store that fails to renew its registration will
37 receive a warning on a form prescribed by the board indicating
38 that it has thirty (30) days to renew its registration or the retail pet
39 store can no longer operate.
40 (e) A person that registers or renews a registration as a retail
41 pet store must include the following in the registration or renewal
42 application:
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1 (1) The name and address of the person's retail pet store.
2 (2) The name and address of the person operating the retail
3 pet store.
4 (3) Any other information related to taxation that is required
5 by the board.
6 (f) An entity that owns and operates more than one (1) retail pet
7 store shall register all of the retail pet stores owned and operated
8 by the entity in Indiana.
9 (g) A person that knowingly or intentionally makes a material
10 misstatement in a retail pet store registration statement commits
11 false registration as a retail pet store, a Class A misdemeanor.
12 SECTION 17. IC 15-21-3-2.5 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) An animal care facility
15 and an animal rescue operation shall file an initial registration with
16 the board in a form prescribed by the board.
17 (b) After the initial registration under subsection (a):
18 (1) an animal care facility; and
19 (2) an animal rescue operation;
20 shall register annually with the board in a manner prescribed by
21 the board.
22 (c) The board shall provide for notice of the upcoming
23 expiration of registration to each registrant at least thirty (30) days
24 before the expiration of the registration.
25 (d) An animal care facility or animal rescue operation that fails
26 to renew its registration will receive a warning on a form
27 prescribed by the board indicating that it has thirty (30) days to
28 renew its registration or the entity can no longer operate.
29 (e) A person that registers or renews a registration as an animal
30 care facility or animal rescue operation must include the following
31 in the registration or renewal application:
32 (1) The name and address of the person's animal care facility
33 or animal rescue operation.
34 (2) The name and address of the person operating the animal
35 care facility or animal rescue operation.
36 (3) Any other information related to taxation that is required
37 by the board.
38 (f) A person that knowingly or intentionally makes a material
39 misstatement in an animal care facility or animal rescue operation
40 registration statement commits false registration as an animal care
41 facility or animal rescue operation, a Class A misdemeanor.
42 SECTION 18. IC 15-21-3-3, AS ADDED BY P.L.111-2009,
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1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 3. (a) The commercial dog breeder and broker
3 fund is established for the purpose of funding:
4 (1) the inspection of commercial dog breeding operations by the
5 board; and
6 (2) the inspection of retail pet stores by the board; and
7 (2) (3) the enforcement by the board of laws concerning
8 commercial dog breeders and commercial dog brokers.
9 The fund shall be administered by the board.
10 (b) The fund consists of:
11 (1) commercial dog breeder and commercial dog broker fees; and
12 (2) civil penalties deposited by the board into the fund for
13 violations of this article.
14 (c) The expenses of administering the fund shall be paid from
15 money in the fund.
16 (d) The treasurer of state shall invest the money in the fund not
17 currently needed to meet the obligations of the fund in the same
18 manner as other public money may be invested. Interest that accrues
19 from these investments shall be deposited in the fund.
20 (e) Money in the fund at the end of a state fiscal year does not revert
21 to the state general fund.
22 (f) Money in the fund is continually appropriated to carry out the
23 purposes of the fund.
24 (g) The board may adopt rules under IC 4-22-2 to implement this
25 chapter.
26 SECTION 19. IC 15-21-5-3 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2024]: Sec. 3. A retail pet store may not sell a dog to a person
29 who is less than eighteen (18) years of age.
30 SECTION 20. IC 15-21-5-4 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2024]: Sec. 4. A retail pet store operator must:
33 (1) microchip each dog before the sale of the dog; and
34 (2) provide each purchaser with the necessary information to
35 register a microchip placed in a dog with a searchable data
36 base.
37 SECTION 21. IC 15-21-5-4.4 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 4.4. A retail pet store operator
40 shall require a consumer to commit to spaying or neutering a dog
41 within a reasonable time frame, as specified by a licensed
42 veterinarian.
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1 SECTION 22. IC 15-21-5-5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 5. Before the sale of a dog, a retail pet store operator
4 must, to the best of the operator's knowledge, provide to the
5 consumer the following information on the dog being offered for
6 sale:
7 (1) The retail price of the dog, including any additional fees or
8 charges.
9 (2) The dog's breed or breeds, if known.
10 (3) The dog's age and date of birth, if known.
11 (4) The dog's sex and color.
12 (5) The date and description of any inoculation or medical
13 treatment that the dog received while in the possession of the:
14 (A) retail pet store;
15 (B) commercial dog breeder;
16 (C) commercial dog broker;
17 (D) humane society;
18 (E) animal rescue operation; or
19 (F) animal shelter.
20 (6) If the dog was supplied by a commercial dog breeder or
21 commercial dog broker, the name and address of the
22 commercial dog breeder or commercial dog broker.
23 (7) If eligible for registration with a pedigree registry, the
24 name and registration numbers of the sire and dam and the
25 address of the pedigree registry where the sire and dam are
26 registered.
27 (8) A copy of the retail pet store's policy regarding
28 warranties, refunds, or returns.
29 (9) An explanation of the remedy under section 6 of this
30 chapter, in addition to any other remedies available by law.
31 (10) Disclosure that the dog has been microchipped.
32 SECTION 23. IC 15-21-5-5.5 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) A retail pet store shall
35 accept, for any reason, the return of a dog sold within three (3)
36 business days of the original sale.
37 (b) The retail pet store may charge a return fee not exceeding
38 five hundred dollars ($500).
39 SECTION 24. IC 15-21-5-5.7 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 5.7. To demonstrate that a retail
42 pet store is only selling dogs obtained from the entities identified in
2024 IN 1412—LS 6515/DI 150 12
1 IC 15-21-6-2(a), a retail pet store shall create and maintain records
2 for seven (7) years demonstrating where the retail pet store
3 obtained any dog it is selling.
4 SECTION 25. IC 15-21-5-6 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 6. (a) A customer who purchases a dog from a retail
7 pet store is entitled to a remedy under subsection (c) if:
8 (1) not later than fourteen (14) days after the date of sale, a
9 licensed veterinarian states in writing that:
10 (A) at the time of sale the dog was unfit for purchase due
11 to illness, a disease, or the presence of symptoms of a
12 contagious or infectious disease that are extreme enough to
13 influence the general health of the dog, excluding fleas or
14 ticks; or
15 (B) the dog has died from a disease that existed in the dog
16 on or before the date of delivery of the dog to the
17 customer; or
18 (2) not later than two (2) years after the date of sale, a
19 licensed veterinarian states in writing that the dog:
20 (A) possesses a congenital or hereditary condition that
21 severely affects the health of the dog or requires either
22 hospitalization or a nonelective surgical procedure; or
23 (B) has died of a congenital or hereditary condition.
24 (b) The veterinarian's statement under subsection (a) must
25 include:
26 (1) the customer's name and address;
27 (2) a statement that the veterinarian examined the dog;
28 (3) the date or dates that the dog was examined;
29 (4) the breed and age of the dog, if known;
30 (5) a statement that the dog has or had a disease, illness, or
31 congenital or hereditary condition; and
32 (6) the findings of the examination or necropsy, including any
33 lab results or copies of the results.
34 (c) A customer entitled to a remedy under this section may elect
35 to do one (1) of the following:
36 (1) If the dog is alive:
37 (A) return the dog to the retail pet store for a full refund of
38 the purchase price;
39 (B) exchange the dog for another dog of comparable value
40 chosen by the customer; or
41 (C) retain the dog and be reimbursed for reasonable
42 veterinary fees for diagnosis and treatment of the dog, not
2024 IN 1412—LS 6515/DI 150 13
1 to exceed the purchase price of the dog.
2 (2) If the dog is deceased, be reimbursed:
3 (A) the full purchase price of the dog; and
4 (B) reasonable veterinary fees associated with the
5 diagnosis and treatment of the dog, not to exceed the
6 purchase price of the dog.
7 SECTION 26. IC 15-21-5-6.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A retail pet store shall
10 only sell dogs acquired from the following sources:
11 (1) A commercial dog breeder that meets the following
12 criteria:
13 (A) Is registered as required by IC 15-21-2-1.
14 (B) Is certified by a national science based breeder
15 standards program.
16 (C) Is audited by an independent auditing firm that
17 complies with the applicable standards of the International
18 Organization for Standardization (ISO).
19 (2) A commercial dog broker that meets the following
20 criteria:
21 (A) Is registered as required by IC 15-21-2-1.
22 (B) Acquires dogs from the following sources:
23 (i) A commercial dog breeder that meets the
24 requirements established in subdivision (1).
25 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
26 and has no direct violations for the previous two (2)
27 years.
28 (iii) A hobby breeder.
29 (3) A dog breeder or broker that is subject to 9 CFR 3.1 and
30 has no direct violations for the previous two (2) years.
31 (4) A hobby breeder.
32 (b) If a retail pet store acquires a dog from a source that does
33 not fall under the criteria established in subsection (a) or no longer
34 meets the criteria established in subsection (a), the retail pet store
35 shall take the following corrective action within thirty (30) days:
36 (1) Notify the board of the violation and report which entity
37 sold the dog to the retail pet store.
38 (2) Notify customers who purchased a dog acquired from a
39 source not described in subsection (a).
40 (3) Provide a refund to a customer who elects to return a dog
41 acquired from a source not described in subsection (a).
42 (c) A retail pet store that takes corrective action under
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1 subsection (b) does not violate subsection (a).
2 SECTION 27. IC 15-21-5-7 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2024]: Sec. 7. (a) The board may review or obtain records from
5 a retail pet store that contain the information described in this
6 chapter and confirm that all dogs acquired by a retail pet store
7 meet the criteria established under section 6.5(a) of this chapter.
8 (b) A retail pet store shall, within thirty (30) days, provide the
9 board with electronic access to any requested records that contain
10 information required to verify disclosures and procedures
11 established by this chapter.
12 SECTION 28. IC 15-21-5.5 IS ADDED TO THE INDIANA CODE
13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]:
15 Chapter 5.5. Board Inspections
16 Sec. 1. The board shall determine the frequency of inspections
17 for the following:
18 (1) A commercial dog breeder.
19 (2) A commercial dog broker.
20 (3) A retail pet store.
21 Sec. 2. (a) The following entities are subject to random
22 unannounced inspections by the board:
23 (1) A commercial dog breeder.
24 (2) A commercial dog broker.
25 (3) A retail pet store.
26 (b) Subject to IC 15-17-3, the board may not inspect the same
27 entity more than one (1) time in a calendar year, unless an entity
28 fails an inspection and additional inspections are necessary to
29 protect the safety and well-being of the dogs.
30 SECTION 29. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2024]: Sec. 2. (a) A unit may not prohibit a retail pet store from
33 selling dogs acquired from the following:
34 (1) A commercial dog breeder that meets the following
35 criteria:
36 (A) Is registered as required by IC 15-21-2-1.
37 (B) Is certified by a national science based breeder
38 standards program.
39 (C) Is audited by an independent auditing firm that
40 complies with the applicable standards of the International
41 Organization for Standardization (ISO).
42 (2) A commercial dog broker that meets the following
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1 criteria:
2 (A) Is registered as required by IC 15-21-2-1.
3 (B) Acquires dogs from the following sources:
4 (i) A commercial dog breeder that meets the
5 requirements established in subdivision (1).
6 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
7 and has no direct violations for the previous two (2)
8 years.
9 (iii) A hobby breeder.
10 (3) A dog breeder or broker that is subject to 9 CFR 3.1 and
11 has no direct violations for the previous two (2) years.
12 (4) A hobby breeder.
13 (b) A retail pet store may sell dogs from a commercial dog
14 breeder that is awaiting a final audit from the canine care certified
15 program until June 30, 2025.
16 (c) A commercial dog broker may acquire dogs from a
17 commercial dog breeder that is awaiting a final audit from the
18 canine care certified program until June 30, 2025.
19 (d) A retail pet store shall have an opportunity to take
20 corrective action under IC 15-21-5-6.5 before a local unit prevents
21 a retail pet store from selling dogs due to a violation under this
22 section.
23 (e) This section may not be construed to prohibit a unit from
24 adopting an ordinance or regulating a retail pet store for:
25 (1) inspections;
26 (2) business licenses; or
27 (3) other applicable local ordinances.
28 (f) Any ordinance that violates subsection (a) is void and
29 unenforceable. An ordinance adopted before July 1, 2024, becomes
30 void and unenforceable on July 1, 2024.
31 SECTION 30. IC 15-21-7-1, AS ADDED BY P.L.111-2009,
32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 1. (a) The board may enforce this article when the
34 board determines that sufficient funds have been deposited in the
35 commercial dog breeder and broker fund to permit enforcement.
36 (b) In enforcing this article, the board may:
37 (1) seek injunctive relief;
38 (2) issue an order of compliance notifying the commercial dog
39 breeder, or commercial dog broker, retail pet store, animal care
40 facility, or animal rescue operation of a violation and requiring
41 corrective action by a certain date; and
42 (3) impose a civil penalty of not more than:
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1 (A) five hundred dollars ($500) for a knowing violation;
2 (B) one thousand dollars ($1,000) for an intentional violation;
3 and
4 (C) five thousand dollars ($5,000) for knowingly or
5 intentionally violating an injunction.
6 (c) The board may assess a civil penalty of ten thousand dollars
7 ($10,000) per day for each day a violation is not corrected, plus
8 payment to the board for the costs incurred by the board as a
9 direct consequence of prosecution of the violation. All civil
10 penalties under this section shall be deposited in the commercial
11 dog breeder and broker fund established by IC 15-21-3-3.
12 (c) (d) The board may seek an injunction to prohibit a commercial
13 dog breeder from registering with the board for not more than three (3)
14 years.
15 (d) (e) Subsection (a) does not prohibit the board from assisting a
16 law enforcement agency in a criminal investigation.
17 SECTION 31. IC 15-21-7-2 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2024]: Sec. 2. (a) Nothing in this article shall be construed to
20 prohibit the board from exercising its statutory powers and duties
21 conferred under IC 15-17-3.
22 (b) The board may inspect and audit any:
23 (1) commercial dog breeder;
24 (2) commercial dog broker;
25 (3) retail pet store;
26 (4) animal care facility; or
27 (5) animal rescue operation;
28 that the board has reason to believe violates this article, or has
29 reason to believe that a higher frequency of inspections is necessary
30 for a high risk entity.
31 SECTION 32. IC 15-21-7-3 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 3. An Indiana law enforcement agency shall provide
34 assistance to:
35 (1) the board;
36 (2) the state veterinarian;
37 (3) a county veterinarian; or
38 (4) an agent of the United States Department of Agriculture,
39 if requested;
40 in enforcing this article.
41 SECTION 33. IC 15-21-7-4 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1 1, 2024]: Sec. 4. (a) A retail pet store operator that violates this
2 article commits a deceptive act that is actionable by the attorney
3 general or a consumer under IC 24-5-0.5-4 and is subject to the
4 remedies and penalties under IC 24-5-0.5.
5 (b) A retail pet store operator that misleads a consumer, by
6 contract or otherwise, with the intent to evade the requirements of
7 this article commits a deceptive act that is actionable by the
8 attorney general or a consumer under IC 24-5-0.5-4 and is subject
9 to the remedies and penalties under IC 24-5-0.5.
10 (c) Nothing in this article shall be construed to prevent a
11 consumer from filing a complaint as provided under IC 24-5-0.5-4.
12 SECTION 34. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
15 abusive, or deceptive act, omission, or practice in connection with a
16 consumer transaction. Such an act, omission, or practice by a supplier
17 is a violation of this chapter whether it occurs before, during, or after
18 the transaction. An act, omission, or practice prohibited by this section
19 includes both implicit and explicit misrepresentations.
20 (b) Without limiting the scope of subsection (a), the following acts,
21 and the following representations as to the subject matter of a
22 consumer transaction, made orally, in writing, or by electronic
23 communication, by a supplier, are deceptive acts:
24 (1) That such subject of a consumer transaction has sponsorship,
25 approval, performance, characteristics, accessories, uses, or
26 benefits it does not have which the supplier knows or should
27 reasonably know it does not have.
28 (2) That such subject of a consumer transaction is of a particular
29 standard, quality, grade, style, or model, if it is not and if the
30 supplier knows or should reasonably know that it is not.
31 (3) That such subject of a consumer transaction is new or unused,
32 if it is not and if the supplier knows or should reasonably know
33 that it is not.
34 (4) That such subject of a consumer transaction will be supplied
35 to the public in greater quantity than the supplier intends or
36 reasonably expects.
37 (5) That replacement or repair constituting the subject of a
38 consumer transaction is needed, if it is not and if the supplier
39 knows or should reasonably know that it is not.
40 (6) That a specific price advantage exists as to such subject of a
41 consumer transaction, if it does not and if the supplier knows or
42 should reasonably know that it does not.
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1 (7) That the supplier has a sponsorship, approval, or affiliation in
2 such consumer transaction the supplier does not have, and which
3 the supplier knows or should reasonably know that the supplier
4 does not have.
5 (8) That such consumer transaction involves or does not involve
6 a warranty, a disclaimer of warranties, or other rights, remedies,
7 or obligations, if the representation is false and if the supplier
8 knows or should reasonably know that the representation is false.
9 (9) That the consumer will receive a rebate, discount, or other
10 benefit as an inducement for entering into a sale or lease in return
11 for giving the supplier the names of prospective consumers or
12 otherwise helping the supplier to enter into other consumer
13 transactions, if earning the benefit, rebate, or discount is
14 contingent upon the occurrence of an event subsequent to the time
15 the consumer agrees to the purchase or lease.
16 (10) That the supplier is able to deliver or complete the subject of
17 the consumer transaction within a stated period of time, when the
18 supplier knows or should reasonably know the supplier could not.
19 If no time period has been stated by the supplier, there is a
20 presumption that the supplier has represented that the supplier
21 will deliver or complete the subject of the consumer transaction
22 within a reasonable time, according to the course of dealing or the
23 usage of the trade.
24 (11) That the consumer will be able to purchase the subject of the
25 consumer transaction as advertised by the supplier, if the supplier
26 does not intend to sell it.
27 (12) That the replacement or repair constituting the subject of a
28 consumer transaction can be made by the supplier for the estimate
29 the supplier gives a customer for the replacement or repair, if the
30 specified work is completed and:
31 (A) the cost exceeds the estimate by an amount equal to or
32 greater than ten percent (10%) of the estimate;
33 (B) the supplier did not obtain written permission from the
34 customer to authorize the supplier to complete the work even
35 if the cost would exceed the amounts specified in clause (A);
36 (C) the total cost for services and parts for a single transaction
37 is more than seven hundred fifty dollars ($750); and
38 (D) the supplier knew or reasonably should have known that
39 the cost would exceed the estimate in the amounts specified in
40 clause (A).
41 (13) That the replacement or repair constituting the subject of a
42 consumer transaction is needed, and that the supplier disposes of
2024 IN 1412—LS 6515/DI 150 19
1 the part repaired or replaced earlier than seventy-two (72) hours
2 after both:
3 (A) the customer has been notified that the work has been
4 completed; and
5 (B) the part repaired or replaced has been made available for
6 examination upon the request of the customer.
7 (14) Engaging in the replacement or repair of the subject of a
8 consumer transaction if the consumer has not authorized the
9 replacement or repair, and if the supplier knows or should
10 reasonably know that it is not authorized.
11 (15) The act of misrepresenting the geographic location of the
12 supplier by listing an alternate business name or an assumed
13 business name (as described in IC 23-0.5-3-4) in a local telephone
14 directory if:
15 (A) the name misrepresents the supplier's geographic location;
16 (B) the listing fails to identify the locality and state of the
17 supplier's business;
18 (C) calls to the local telephone number are routinely forwarded
19 or otherwise transferred to a supplier's business location that
20 is outside the calling area covered by the local telephone
21 directory; and
22 (D) the supplier's business location is located in a county that
23 is not contiguous to a county in the calling area covered by the
24 local telephone directory.
25 (16) The act of listing an alternate business name or assumed
26 business name (as described in IC 23-0.5-3-4) in a directory
27 assistance data base if:
28 (A) the name misrepresents the supplier's geographic location;
29 (B) calls to the local telephone number are routinely forwarded
30 or otherwise transferred to a supplier's business location that
31 is outside the local calling area; and
32 (C) the supplier's business location is located in a county that
33 is not contiguous to a county in the local calling area.
34 (17) The violation by a supplier of IC 24-3-4 concerning
35 cigarettes for import or export.
36 (18) The act of a supplier in knowingly selling or reselling a
37 product to a consumer if the product has been recalled, whether
38 by the order of a court or a regulatory body, or voluntarily by the
39 manufacturer, distributor, or retailer, unless the product has been
40 repaired or modified to correct the defect that was the subject of
41 the recall.
42 (19) The violation by a supplier of 47 U.S.C. 227, including any
2024 IN 1412—LS 6515/DI 150 20
1 rules or regulations issued under 47 U.S.C. 227.
2 (20) The violation by a supplier of the federal Fair Debt
3 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
4 rules or regulations issued under the federal Fair Debt Collection
5 Practices Act (15 U.S.C. 1692 et seq.).
6 (21) A violation of IC 24-5-7 (concerning health spa services), as
7 set forth in IC 24-5-7-17.
8 (22) A violation of IC 24-5-8 (concerning business opportunity
9 transactions), as set forth in IC 24-5-8-20.
10 (23) A violation of IC 24-5-10 (concerning home consumer
11 transactions), as set forth in IC 24-5-10-18.
12 (24) A violation of IC 24-5-11 (concerning real property
13 improvement contracts), as set forth in IC 24-5-11-14.
14 (25) A violation of IC 24-5-12 (concerning telephone
15 solicitations), as set forth in IC 24-5-12-23.
16 (26) A violation of IC 24-5-13.5 (concerning buyback motor
17 vehicles), as set forth in IC 24-5-13.5-14.
18 (27) A violation of IC 24-5-14 (concerning automatic
19 dialing-announcing devices), as set forth in IC 24-5-14-13.
20 (28) A violation of IC 24-5-15 (concerning credit services
21 organizations), as set forth in IC 24-5-15-11.
22 (29) A violation of IC 24-5-16 (concerning unlawful motor
23 vehicle subleasing), as set forth in IC 24-5-16-18.
24 (30) A violation of IC 24-5-17 (concerning environmental
25 marketing claims), as set forth in IC 24-5-17-14.
26 (31) A violation of IC 24-5-19 (concerning deceptive commercial
27 solicitation), as set forth in IC 24-5-19-11.
28 (32) A violation of IC 24-5-21 (concerning prescription drug
29 discount cards), as set forth in IC 24-5-21-7.
30 (33) A violation of IC 24-5-23.5-7 (concerning real estate
31 appraisals), as set forth in IC 24-5-23.5-9.
32 (34) A violation of IC 24-5-26 (concerning identity theft), as set
33 forth in IC 24-5-26-3.
34 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
35 as set forth in IC 24-5.5-6-1.
36 (36) A violation of IC 24-8 (concerning promotional gifts and
37 contests), as set forth in IC 24-8-6-3.
38 (37) A violation of IC 21-18.5-6 (concerning representations
39 made by a postsecondary credit bearing proprietary educational
40 institution), as set forth in IC 21-18.5-6-22.5.
41 (38) A violation of IC 24-5-15.5 (concerning collection actions of
42 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
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1 (39) A violation of IC 24-14 (concerning towing services), as set
2 forth in IC 24-14-10-1.
3 (40) A violation of IC 24-5-14.5 (concerning misleading or
4 inaccurate caller identification information), as set forth in
5 IC 24-5-14.5-12.
6 (41) A violation of IC 24-5-27 (concerning intrastate inmate
7 calling services), as set forth in IC 24-5-27-27.
8 (42) A violation of IC 15-21 (concerning sales of dogs by retail
9 pet stores), as set forth in IC 15-21-7-4.
10 (c) Any representations on or within a product or its packaging or
11 in advertising or promotional materials which would constitute a
12 deceptive act shall be the deceptive act both of the supplier who places
13 such representation thereon or therein, or who authored such materials,
14 and such other suppliers who shall state orally or in writing that such
15 representation is true if such other supplier shall know or have reason
16 to know that such representation was false.
17 (d) If a supplier shows by a preponderance of the evidence that an
18 act resulted from a bona fide error notwithstanding the maintenance of
19 procedures reasonably adopted to avoid the error, such act shall not be
20 deceptive within the meaning of this chapter.
21 (e) It shall be a defense to any action brought under this chapter that
22 the representation constituting an alleged deceptive act was one made
23 in good faith by the supplier without knowledge of its falsity and in
24 reliance upon the oral or written representations of the manufacturer,
25 the person from whom the supplier acquired the product, any testing
26 organization, or any other person provided that the source thereof is
27 disclosed to the consumer.
28 (f) For purposes of subsection (b)(12), a supplier that provides
29 estimates before performing repair or replacement work for a customer
30 shall give the customer a written estimate itemizing as closely as
31 possible the price for labor and parts necessary for the specific job
32 before commencing the work.
33 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
34 company or other provider of a telephone directory or directory
35 assistance service or its officer or agent is immune from liability for
36 publishing the listing of an alternate business name or assumed
37 business name of a supplier in its directory or directory assistance data
38 base unless the telephone company or other provider of a telephone
39 directory or directory assistance service is the same person as the
40 supplier who has committed the deceptive act.
41 (h) For purposes of subsection (b)(18), it is an affirmative defense
42 to any action brought under this chapter that the product has been
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1 altered by a person other than the defendant to render the product
2 completely incapable of serving its original purpose.
3 SECTION 35. IC 35-52-15-40, AS ADDED BY P.L.169-2014,
4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 40. IC 15-21-2-3 defines a crime crimes
6 concerning commercial dog breeder, commercial dog broker, retail
7 pet store, animal care facility, or animal rescue operation
8 regulation.
9 SECTION 36. IC 35-52-15-43 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2024]: Sec. 43. IC 15-21-3-2.3 defines a crime
12 concerning retail pet store regulation.
13 SECTION 37. IC 35-52-15-44 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 44. IC 15-21-3-2.5 defines a crime
16 concerning animal care facility or animal rescue operation
17 regulation.
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