*HB1412.1*
January 22, 2024
HOUSE BILL No. 1412
_____
DIGEST OF HB 1412 (Updated January 22, 2024 1:10 pm - DI 152)
Citations Affected: IC 15-17; IC 15-21; IC 24-5; IC 35-52.
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.
January 22, 2024, amended, reported — Do Pass.
HB 1412—LS 6515/DI 150 January 22, 2024
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.
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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,
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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
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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. The
27 board shall make a registry described in this subdivision
28 available to the public.
29 (33) Establish a registry of animal care facilities (as defined in
30 IC 15-20-4-1) and animal rescue operations.
31 (34) Conduct inspections of the following entities:
32 (A) Commercial dog breeders.
33 (B) Commercial dog brokers.
34 (C) Retail pet stores.
35 SECTION 2. IC 15-21-1-1 IS REPEALED [EFFECTIVE JULY 1,
36 2024]. Sec. 1. (a) This article does not apply to:
37 (1) an animal shelter;
38 (2) a humane society;
39 (3) an animal rescue operation;
40 (4) a hobby breeder;
41 (5) a person who breeds at least seventy-five percent (75%) of the
42 person's dogs as sport dogs for hunting purposes; or
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1 (6) a person who breeds at least seventy-five percent (75%) of the
2 person's dogs as service dogs or as dogs for use by the police or
3 the armed forces.
4 (b) As used in this section, "animal rescue operation" means a
5 person or organization:
6 (1) that accepts within one (1) year:
7 (A) more than twelve (12) dogs; or
8 (B) more than nine (9) dogs and more than three (3) unweaned
9 litters of puppies;
10 that are available for adoption for human companionship as pets
11 or as companion animals in permanent adoptive homes and that
12 are maintained in a private residential dwelling; or
13 (2) that uses a system of private residential dwellings as foster
14 homes for the dogs.
15 The term does not include a person or organization that breeds dogs.
16 (c) As used in this section, "hobby breeder" means a person who
17 maintains fewer than twenty (20) unaltered female dogs that are at least
18 twelve (12) months of age.
19 SECTION 3. IC 15-21-1-1.5 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2024]: Sec. 1.5. This article does not apply to a:
22 (1) hobby breeder;
23 (2) person who breeds at least seventy-five percent (75%) of
24 the person's dogs as sport dogs for hunting purposes; or
25 (3) person who breeds at least seventy-five percent (75%) of
26 the person's dogs as service dogs or as dogs for use by the
27 police or the armed forces.
28 SECTION 4. IC 15-21-1-2, AS ADDED BY P.L.111-2009,
29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 2. The definitions in sections 3 through 7 of this
31 chapter apply throughout this article.
32 SECTION 5. IC 15-21-1-2.3 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 2.3. "Animal care facility" has the meaning set forth
35 in IC 6-9-39-1.
36 SECTION 6. IC 15-21-1-2.5 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2024]: Sec. 2.5. "Animal rescue operation" means a person or
39 organization that:
40 (1) accepts during one (1) year:
41 (A) more than twelve (12) dogs; or
42 (B) more than:
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1 (i) nine (9) dogs; and
2 (ii) three (3) unweaned litters of puppies;
3 that are available for adoption as pets or as companion
4 animals in permanent adoptive homes and that are
5 maintained in a private residential dwelling; or
6 (2) uses a system of private residential dwellings as foster
7 homes for dogs.
8 The term does not include a person or organization that breeds
9 dogs.
10 SECTION 7. IC 15-21-1-3.5 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2024]: Sec. 3.5. "Canine care certified program" refers to the
13 certificate program administered by Purdue University that
14 establishes standards for canine:
15 (1) nutrition;
16 (2) veterinary care;
17 (3) housing;
18 (4) handling; and
19 (5) exercise.
20 SECTION 8. IC 15-21-1-4, AS ADDED BY P.L.111-2009,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 4. "Commercial dog breeder" means a person
23 who:
24 (1) maintains more than twenty (20) nineteen (19) unaltered
25 female dogs that are at least twelve (12) months of age; and
26 (2) engages in the sale of dogs, resulting from the breeding of
27 dogs, to:
28 (A) a dog broker;
29 (B) a pet store; or
30 (C) the general public.
31 SECTION 9. IC 15-21-1-5, AS ADDED BY P.L.111-2009,
32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 5. "Commercial dog broker" means a person:
34 (1) who is a Class "B" licensee under 9 CFR 1.1; and or
35 (2) who sells at least five hundred (500) dogs in a calendar year.
36 SECTION 10. IC 15-21-1-5.3 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 5.3. "Hobby breeder" means a
39 person who maintains fewer than twenty (20) unaltered female
40 dogs that are at least twelve (12) months of age.
41 SECTION 11. IC 15-21-1-6.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) "Retail pet store" means
2 a commercial enterprise that sells dogs from a place of business at
3 which the seller, buyer, and dog are physically present so the buyer
4 may observe the dog before purchasing or taking custody of that
5 dog after purchase.
6 (b) The term excludes the following:
7 (1) Commercial dog breeders registered under IC 15-21-3-1.
8 (2) Hobby breeders.
9 (3) Persons who breed at least seventy-five percent (75%) of
10 the person's dogs as sport dogs for hunting purposes.
11 (4) Persons who breed at least seventy-five percent (75%) of
12 the person's dogs as service dogs or as dogs for use by the
13 police or the armed forces.
14 SECTION 12. IC 15-21-1-6.7 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Unit" refers to a county,
17 municipality, or township.
18 SECTION 13. IC 15-21-2-1, AS ADDED BY P.L.111-2009,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 1. A person may not operate:
21 (1) a commercial dog breeder operation; or
22 (2) as a commercial dog broker;
23 (3) a retail pet store;
24 (4) an animal care facility; or
25 (5) an animal rescue operation;
26 without being registered with the board in accordance with this chapter.
27 IC 15-21-3.
28 SECTION 14. IC 15-21-2-2.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The following entities that
31 are registered under IC 15-21-3 shall post notice of the entity's
32 registration with the board in a prominent place visible to the
33 public:
34 (1) A retail pet store.
35 (2) An animal care facility.
36 (3) An animal rescue operation.
37 SECTION 15. IC 15-21-2-3, AS ADDED BY P.L.111-2009,
38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 3. (a) A commercial dog breeder who knowingly
40 or intentionally fails to register with the board as a commercial dog
41 breeder commits a Class A misdemeanor.
42 (b) A commercial dog broker who knowingly or intentionally fails
HB 1412—LS 6515/DI 150 8
1 to register with the board as a commercial dog broker commits a Class
2 A misdemeanor.
3 (c) A retail pet store operator that knowingly or intentionally
4 fails to register with the board as a retail pet store commits a Class
5 A misdemeanor.
6 (d) An operator of:
7 (1) an animal care facility; or
8 (2) an animal rescue operation;
9 that knowingly or intentionally fails to register with the board
10 commits a Class A misdemeanor.
11 (c) (e) A commercial dog breeder or a commercial dog broker who
12 fails to register with the board is liable to the state for two (2) times the
13 amount of registration fees that the commercial dog breeder or
14 commercial dog broker failed to pay. The attorney general may bring
15 an action to collect unpaid commercial dog breeder or commercial dog
16 broker registration fees. Funds collected under this subsection shall be
17 deposited in the commercial dog breeder and broker fund established
18 by IC 15-21-3-3.
19 (f) If any of the following entities fail to register with the board,
20 the entity may not operate in Indiana until the entity registers with
21 the board:
22 (1) Commercial dog breeder.
23 (2) Commercial dog broker.
24 (3) Retail pet store.
25 (4) Animal care facility.
26 (5) Animal rescue operation.
27 SECTION 16. IC 15-21-3-2.3 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2024]: Sec. 2.3. (a) A retail pet store shall file
30 an initial registration with the board in a form prescribed by the
31 board.
32 (b) After the initial registration under subsection (a), a retail pet
33 store shall register annually with the board in a manner prescribed
34 by the board.
35 (c) The board shall provide for notice of the upcoming
36 expiration of registration to each registrant at least thirty (30) days
37 before the expiration of the registration.
38 (d) A retail pet store that fails to renew its registration will
39 receive a warning on a form prescribed by the board indicating
40 that it has thirty (30) days to renew its registration or the retail pet
41 store can no longer operate.
42 (e) A person that registers or renews a registration as a retail
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1 pet store must include the following in the registration or renewal
2 application:
3 (1) The name and address of the person's retail pet store.
4 (2) The name and address of the person operating the retail
5 pet store.
6 (3) Any other information related to taxation that is required
7 by the board.
8 (f) An entity that owns and operates more than one (1) retail pet
9 store shall register all of the retail pet stores owned and operated
10 by the entity in Indiana.
11 (g) A person that knowingly or intentionally makes a material
12 misstatement in a retail pet store registration statement commits
13 false registration as a retail pet store, a Class A misdemeanor.
14 SECTION 17. IC 15-21-3-2.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) An animal care facility
17 and an animal rescue operation shall file an initial registration with
18 the board in a form prescribed by the board.
19 (b) After the initial registration under subsection (a):
20 (1) an animal care facility; and
21 (2) an animal rescue operation;
22 shall register annually with the board in a manner prescribed by
23 the board.
24 (c) The board shall provide for notice of the upcoming
25 expiration of registration to each registrant at least thirty (30) days
26 before the expiration of the registration.
27 (d) An animal care facility or animal rescue operation that fails
28 to renew its registration will receive a warning on a form
29 prescribed by the board indicating that it has thirty (30) days to
30 renew its registration or the entity can no longer operate.
31 (e) A person that registers or renews a registration as an animal
32 care facility or animal rescue operation must include the following
33 in the registration or renewal application:
34 (1) The name and address of the person's animal care facility
35 or animal rescue operation.
36 (2) The name and address of the person operating the animal
37 care facility or animal rescue operation.
38 (3) Any other information related to taxation that is required
39 by the board.
40 (f) A person that knowingly or intentionally makes a material
41 misstatement in an animal care facility or animal rescue operation
42 registration statement commits false registration as an animal care
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1 facility or animal rescue operation, a Class A misdemeanor.
2 SECTION 18. IC 15-21-3-3, AS ADDED BY P.L.111-2009,
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 3. (a) The commercial dog breeder and broker
5 fund is established for the purpose of funding:
6 (1) the inspection of commercial dog breeding operations by the
7 board; and
8 (2) the inspection of retail pet stores by the board; and
9 (2) (3) the enforcement by the board of laws concerning
10 commercial dog breeders and commercial dog brokers.
11 The fund shall be administered by the board.
12 (b) The fund consists of:
13 (1) commercial dog breeder and commercial dog broker fees; and
14 (2) civil penalties deposited by the board into the fund for
15 violations of this article.
16 (c) The expenses of administering the fund shall be paid from
17 money in the fund.
18 (d) The treasurer of state shall invest the money in the fund not
19 currently needed to meet the obligations of the fund in the same
20 manner as other public money may be invested. Interest that accrues
21 from these investments shall be deposited in the fund.
22 (e) Money in the fund at the end of a state fiscal year does not revert
23 to the state general fund.
24 (f) Money in the fund is continually appropriated to carry out the
25 purposes of the fund.
26 (g) The board may adopt rules under IC 4-22-2 to implement this
27 chapter.
28 SECTION 19. IC 15-21-5-3 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2024]: Sec. 3. A retail pet store may not sell a dog to a person
31 who is less than eighteen (18) years of age.
32 SECTION 20. IC 15-21-5-4 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 4. A retail pet store operator must:
35 (1) microchip each dog before the sale of the dog; and
36 (2) provide each purchaser with the necessary information to
37 register a microchip placed in a dog with a searchable data
38 base.
39 SECTION 21. IC 15-21-5-4.4 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 4.4. A retail pet store operator
42 shall require a consumer to commit to spaying or neutering a dog
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1 within a reasonable time frame, as specified by a licensed
2 veterinarian.
3 SECTION 22. IC 15-21-5-5 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2024]: Sec. 5. Before the sale of a dog, a retail pet store operator
6 must, to the best of the operator's knowledge, provide to the
7 consumer the following information on the dog being offered for
8 sale:
9 (1) The retail price of the dog, including any additional fees or
10 charges.
11 (2) The dog's breed or breeds, if known.
12 (3) The dog's age and date of birth, if known.
13 (4) The dog's sex and color.
14 (5) The date and description of any inoculation or medical
15 treatment that the dog received while in the possession of the:
16 (A) retail pet store;
17 (B) commercial dog breeder;
18 (C) commercial dog broker;
19 (D) humane society;
20 (E) animal rescue operation; or
21 (F) animal shelter.
22 (6) If the dog was supplied by a commercial dog breeder or
23 commercial dog broker, the name and address of the
24 commercial dog breeder or commercial dog broker.
25 (7) If eligible for registration with a pedigree registry, the
26 name and registration numbers of the sire and dam and the
27 address of the pedigree registry where the sire and dam are
28 registered.
29 (8) A copy of the retail pet store's policy regarding
30 warranties, refunds, or returns.
31 (9) An explanation of the remedy under section 6 of this
32 chapter, in addition to any other remedies available by law.
33 (10) Disclosure that the dog has been microchipped.
34 SECTION 23. IC 15-21-5-5.5 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) A retail pet store shall
37 accept, for any reason, the return of a dog sold within three (3)
38 business days of the original sale.
39 (b) The retail pet store may charge a return fee not exceeding
40 ten percent (10%) of the purchase price of the dog.
41 SECTION 24. IC 15-21-5-5.7 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2024]: Sec. 5.7. (a) To demonstrate that a
2 retail pet store is only selling dogs obtained from the entities
3 identified in IC 15-21-6-2(a), a retail pet store shall create and
4 maintain records for seven (7) years demonstrating where the
5 retail pet store obtained any dog it is selling.
6 (b) The records described in subsection (a) must include a list
7 created by the retail pet store that contains the name and address
8 of the entities where the retail pet store obtained any dog it is
9 selling. The retail pet store shall make this list available to the
10 public.
11 SECTION 25. IC 15-21-5-6 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2024]: Sec. 6. (a) A customer who purchases a dog from a retail
14 pet store is entitled to a remedy under subsection (c) if:
15 (1) not later than fourteen (14) days after the date of sale, a
16 licensed veterinarian states in writing that:
17 (A) at the time of sale the dog was unfit for purchase due
18 to illness, a disease, or the presence of symptoms of a
19 contagious or infectious disease that are extreme enough to
20 influence the general health of the dog, excluding fleas or
21 ticks; or
22 (B) the dog has died from a disease that existed in the dog
23 on or before the date of delivery of the dog to the
24 customer; or
25 (2) not later than two (2) years after the date of sale, a
26 licensed veterinarian states in writing that the dog:
27 (A) possesses a congenital or hereditary condition that
28 severely affects the health of the dog or requires either
29 hospitalization or a nonelective surgical procedure; or
30 (B) has died of a congenital or hereditary condition.
31 (b) The veterinarian's statement under subsection (a) must
32 include:
33 (1) the customer's name and address;
34 (2) a statement that the veterinarian examined the dog;
35 (3) the date or dates that the dog was examined;
36 (4) the breed and age of the dog, if known;
37 (5) a statement that the dog has or had a disease, illness, or
38 congenital or hereditary condition; and
39 (6) the findings of the examination or necropsy, including any
40 lab results or copies of the results.
41 (c) A customer entitled to a remedy under this section may elect
42 to do the following:
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1 (1) If the dog is alive, retain the dog and be reimbursed for
2 reasonable veterinary fees for diagnosis and treatment of the
3 dog, not to exceed the purchase price of the dog.
4 (2) If the dog is deceased, be reimbursed:
5 (A) the full purchase price of the dog; and
6 (B) reasonable veterinary fees associated with the
7 diagnosis and treatment of the dog, not to exceed the
8 purchase price of the dog.
9 SECTION 26. IC 15-21-5-6.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A retail pet store shall
12 only sell dogs acquired from the following sources:
13 (1) A commercial dog breeder that meets the following
14 criteria:
15 (A) Is registered as required by IC 15-21-2-1.
16 (B) Is certified by a national science based breeder
17 standards program.
18 (C) Is audited by an independent auditing firm that
19 complies with the applicable standards of the International
20 Organization for Standardization (ISO).
21 (2) A commercial dog broker that meets the following
22 criteria:
23 (A) Is registered as required by IC 15-21-2-1.
24 (B) Acquires dogs from the following sources:
25 (i) A commercial dog breeder that meets the
26 requirements established in subdivision (1).
27 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
28 and has no direct violations for the previous two (2)
29 years.
30 (iii) A hobby breeder.
31 (3) A dog breeder or broker that is subject to 9 CFR 3.1 and
32 has no direct violations for the previous two (2) years.
33 (4) A hobby breeder.
34 (b) If a retail pet store acquires a dog from a source that does
35 not fall under the criteria established in subsection (a) or no longer
36 meets the criteria established in subsection (a), the retail pet store
37 shall take the following corrective action within thirty (30) days:
38 (1) Notify the board of the violation and report which entity
39 sold the dog to the retail pet store.
40 (2) Notify customers who purchased a dog acquired from a
41 source not described in subsection (a).
42 (3) Provide a refund to a customer who elects to return a dog
HB 1412—LS 6515/DI 150 14
1 acquired from a source not described in subsection (a).
2 (c) A retail pet store that takes corrective action under
3 subsection (b) does not violate subsection (a).
4 SECTION 27. IC 15-21-5-7 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 7. (a) The board may review or obtain records from
7 a retail pet store that contain the information described in this
8 chapter and confirm that all dogs acquired by a retail pet store
9 meet the criteria established under section 6.5(a) of this chapter.
10 (b) A retail pet store shall, within thirty (30) days, provide the
11 board with electronic access to any requested records that contain
12 information required to verify disclosures and procedures
13 established by this chapter.
14 SECTION 28. IC 15-21-5.5 IS ADDED TO THE INDIANA CODE
15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]:
17 Chapter 5.5. Board Inspections
18 Sec. 1. The board shall determine the frequency of inspections
19 for the following:
20 (1) A commercial dog breeder.
21 (2) A commercial dog broker.
22 (3) A retail pet store.
23 Sec. 2. (a) The following entities are subject to random
24 unannounced inspections by the board:
25 (1) A commercial dog breeder.
26 (2) A commercial dog broker.
27 (3) A retail pet store.
28 (b) Subject to IC 15-17-3, the board may not inspect the same
29 entity more than one (1) time in a calendar year, unless an entity
30 fails an inspection and additional inspections are necessary to
31 protect the safety and well-being of the dogs.
32 SECTION 29. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 2. (a) A unit may not prohibit a retail pet store from
35 selling dogs acquired from the following:
36 (1) A commercial dog breeder that meets the following
37 criteria:
38 (A) Is registered as required by IC 15-21-2-1.
39 (B) Is certified by a national science based breeder
40 standards program.
41 (C) Is audited by an independent auditing firm that
42 complies with the applicable standards of the International
HB 1412—LS 6515/DI 150 15
1 Organization for Standardization (ISO).
2 (2) A commercial dog broker that meets the following
3 criteria:
4 (A) Is registered as required by IC 15-21-2-1.
5 (B) Acquires dogs from the following sources:
6 (i) A commercial dog breeder that meets the
7 requirements established in subdivision (1).
8 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
9 and has no direct violations for the previous two (2)
10 years.
11 (iii) A hobby breeder.
12 (3) A dog breeder or broker that is subject to 9 CFR 3.1 and
13 has no direct violations for the previous two (2) years.
14 (4) A hobby breeder.
15 (b) A retail pet store may sell dogs from a commercial dog
16 breeder that is awaiting a final audit from the canine care certified
17 program until June 30, 2025.
18 (c) A commercial dog broker may acquire dogs from a
19 commercial dog breeder that is awaiting a final audit from the
20 canine care certified program until June 30, 2025.
21 (d) A retail pet store shall have an opportunity to take
22 corrective action under IC 15-21-5-6.5 before a local unit prevents
23 a retail pet store from selling dogs due to a violation under this
24 section.
25 (e) This section may not be construed to prohibit a unit from
26 adopting an ordinance or regulating a retail pet store for:
27 (1) inspections;
28 (2) business licenses; or
29 (3) other applicable local ordinances.
30 (f) Any ordinance that violates subsection (a) is void and
31 unenforceable. An ordinance adopted before July 1, 2024, becomes
32 void and unenforceable on July 1, 2024.
33 SECTION 30. IC 15-21-7-1, AS ADDED BY P.L.111-2009,
34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 1. (a) The board may enforce this article when the
36 board determines that sufficient funds have been deposited in the
37 commercial dog breeder and broker fund to permit enforcement.
38 (b) In enforcing this article, the board may:
39 (1) seek injunctive relief;
40 (2) issue an order of compliance notifying the commercial dog
41 breeder, or commercial dog broker, retail pet store, animal care
42 facility, or animal rescue operation of a violation and requiring
HB 1412—LS 6515/DI 150 16
1 corrective action by a certain date; and
2 (3) impose a civil penalty of not more than:
3 (A) five hundred dollars ($500) for a knowing violation;
4 (B) one thousand dollars ($1,000) for an intentional violation;
5 and
6 (C) five thousand dollars ($5,000) for knowingly or
7 intentionally violating an injunction.
8 (c) The board may assess a civil penalty of ten thousand dollars
9 ($10,000) per day for each day a violation is not corrected, plus
10 payment to the board for the costs incurred by the board as a
11 direct consequence of prosecution of the violation. All civil
12 penalties under this section shall be deposited in the commercial
13 dog breeder and broker fund established by IC 15-21-3-3.
14 (c) (d) The board may seek an injunction to prohibit a commercial
15 dog breeder from registering with the board for not more than three (3)
16 years.
17 (d) (e) Subsection (a) does not prohibit the board from assisting a
18 law enforcement agency in a criminal investigation.
19 SECTION 31. IC 15-21-7-2 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2024]: Sec. 2. (a) Nothing in this article shall be construed to
22 prohibit the board from exercising its statutory powers and duties
23 conferred under IC 15-17-3.
24 (b) The board may inspect and audit any:
25 (1) commercial dog breeder;
26 (2) commercial dog broker;
27 (3) retail pet store;
28 (4) animal care facility; or
29 (5) animal rescue operation;
30 that the board has reason to believe violates this article, or has
31 reason to believe that a higher frequency of inspections is necessary
32 for a high risk entity.
33 SECTION 32. IC 15-21-7-3 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2024]: Sec. 3. An Indiana law enforcement agency shall provide
36 assistance to:
37 (1) the board;
38 (2) the state veterinarian;
39 (3) a county veterinarian; or
40 (4) an agent of the United States Department of Agriculture,
41 if requested;
42 in enforcing this article.
HB 1412—LS 6515/DI 150 17
1 SECTION 33. IC 15-21-7-4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 4. (a) A retail pet store operator that violates this
4 article commits a deceptive act that is actionable by the attorney
5 general or a consumer under IC 24-5-0.5-4 and is subject to the
6 remedies and penalties under IC 24-5-0.5.
7 (b) A retail pet store operator that misleads a consumer, by
8 contract or otherwise, with the intent to evade the requirements of
9 this article commits a deceptive act that is actionable by the
10 attorney general or a consumer under IC 24-5-0.5-4 and is subject
11 to the remedies and penalties under IC 24-5-0.5.
12 (c) Nothing in this article shall be construed to prevent a
13 consumer from filing a complaint as provided under IC 24-5-0.5-4.
14 SECTION 34. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
17 abusive, or deceptive act, omission, or practice in connection with a
18 consumer transaction. Such an act, omission, or practice by a supplier
19 is a violation of this chapter whether it occurs before, during, or after
20 the transaction. An act, omission, or practice prohibited by this section
21 includes both implicit and explicit misrepresentations.
22 (b) Without limiting the scope of subsection (a), the following acts,
23 and the following representations as to the subject matter of a
24 consumer transaction, made orally, in writing, or by electronic
25 communication, by a supplier, are deceptive acts:
26 (1) That such subject of a consumer transaction has sponsorship,
27 approval, performance, characteristics, accessories, uses, or
28 benefits it does not have which the supplier knows or should
29 reasonably know it does not have.
30 (2) That such subject of a consumer transaction is of a particular
31 standard, quality, grade, style, or model, if it is not and if the
32 supplier knows or should reasonably know that it is not.
33 (3) That such subject of a consumer transaction is new or unused,
34 if it is not and if the supplier knows or should reasonably know
35 that it is not.
36 (4) That such subject of a consumer transaction will be supplied
37 to the public in greater quantity than the supplier intends or
38 reasonably expects.
39 (5) That replacement or repair constituting the subject of a
40 consumer transaction is needed, if it is not and if the supplier
41 knows or should reasonably know that it is not.
42 (6) That a specific price advantage exists as to such subject of a
HB 1412—LS 6515/DI 150 18
1 consumer transaction, if it does not and if the supplier knows or
2 should reasonably know that it does not.
3 (7) That the supplier has a sponsorship, approval, or affiliation in
4 such consumer transaction the supplier does not have, and which
5 the supplier knows or should reasonably know that the supplier
6 does not have.
7 (8) That such consumer transaction involves or does not involve
8 a warranty, a disclaimer of warranties, or other rights, remedies,
9 or obligations, if the representation is false and if the supplier
10 knows or should reasonably know that the representation is false.
11 (9) That the consumer will receive a rebate, discount, or other
12 benefit as an inducement for entering into a sale or lease in return
13 for giving the supplier the names of prospective consumers or
14 otherwise helping the supplier to enter into other consumer
15 transactions, if earning the benefit, rebate, or discount is
16 contingent upon the occurrence of an event subsequent to the time
17 the consumer agrees to the purchase or lease.
18 (10) That the supplier is able to deliver or complete the subject of
19 the consumer transaction within a stated period of time, when the
20 supplier knows or should reasonably know the supplier could not.
21 If no time period has been stated by the supplier, there is a
22 presumption that the supplier has represented that the supplier
23 will deliver or complete the subject of the consumer transaction
24 within a reasonable time, according to the course of dealing or the
25 usage of the trade.
26 (11) That the consumer will be able to purchase the subject of the
27 consumer transaction as advertised by the supplier, if the supplier
28 does not intend to sell it.
29 (12) That the replacement or repair constituting the subject of a
30 consumer transaction can be made by the supplier for the estimate
31 the supplier gives a customer for the replacement or repair, if the
32 specified work is completed and:
33 (A) the cost exceeds the estimate by an amount equal to or
34 greater than ten percent (10%) of the estimate;
35 (B) the supplier did not obtain written permission from the
36 customer to authorize the supplier to complete the work even
37 if the cost would exceed the amounts specified in clause (A);
38 (C) the total cost for services and parts for a single transaction
39 is more than seven hundred fifty dollars ($750); and
40 (D) the supplier knew or reasonably should have known that
41 the cost would exceed the estimate in the amounts specified in
42 clause (A).
HB 1412—LS 6515/DI 150 19
1 (13) That the replacement or repair constituting the subject of a
2 consumer transaction is needed, and that the supplier disposes of
3 the part repaired or replaced earlier than seventy-two (72) hours
4 after both:
5 (A) the customer has been notified that the work has been
6 completed; and
7 (B) the part repaired or replaced has been made available for
8 examination upon the request of the customer.
9 (14) Engaging in the replacement or repair of the subject of a
10 consumer transaction if the consumer has not authorized the
11 replacement or repair, and if the supplier knows or should
12 reasonably know that it is not authorized.
13 (15) The act of misrepresenting the geographic location of the
14 supplier by listing an alternate business name or an assumed
15 business name (as described in IC 23-0.5-3-4) in a local telephone
16 directory if:
17 (A) the name misrepresents the supplier's geographic location;
18 (B) the listing fails to identify the locality and state of the
19 supplier's business;
20 (C) calls to the local telephone number are routinely forwarded
21 or otherwise transferred to a supplier's business location that
22 is outside the calling area covered by the local telephone
23 directory; and
24 (D) the supplier's business location is located in a county that
25 is not contiguous to a county in the calling area covered by the
26 local telephone directory.
27 (16) The act of listing an alternate business name or assumed
28 business name (as described in IC 23-0.5-3-4) in a directory
29 assistance data base if:
30 (A) the name misrepresents the supplier's geographic location;
31 (B) calls to the local telephone number are routinely forwarded
32 or otherwise transferred to a supplier's business location that
33 is outside the local calling area; and
34 (C) the supplier's business location is located in a county that
35 is not contiguous to a county in the local calling area.
36 (17) The violation by a supplier of IC 24-3-4 concerning
37 cigarettes for import or export.
38 (18) The act of a supplier in knowingly selling or reselling a
39 product to a consumer if the product has been recalled, whether
40 by the order of a court or a regulatory body, or voluntarily by the
41 manufacturer, distributor, or retailer, unless the product has been
42 repaired or modified to correct the defect that was the subject of
HB 1412—LS 6515/DI 150 20
1 the recall.
2 (19) The violation by a supplier of 47 U.S.C. 227, including any
3 rules or regulations issued under 47 U.S.C. 227.
4 (20) The violation by a supplier of the federal Fair Debt
5 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
6 rules or regulations issued under the federal Fair Debt Collection
7 Practices Act (15 U.S.C. 1692 et seq.).
8 (21) A violation of IC 24-5-7 (concerning health spa services), as
9 set forth in IC 24-5-7-17.
10 (22) A violation of IC 24-5-8 (concerning business opportunity
11 transactions), as set forth in IC 24-5-8-20.
12 (23) A violation of IC 24-5-10 (concerning home consumer
13 transactions), as set forth in IC 24-5-10-18.
14 (24) A violation of IC 24-5-11 (concerning real property
15 improvement contracts), as set forth in IC 24-5-11-14.
16 (25) A violation of IC 24-5-12 (concerning telephone
17 solicitations), as set forth in IC 24-5-12-23.
18 (26) A violation of IC 24-5-13.5 (concerning buyback motor
19 vehicles), as set forth in IC 24-5-13.5-14.
20 (27) A violation of IC 24-5-14 (concerning automatic
21 dialing-announcing devices), as set forth in IC 24-5-14-13.
22 (28) A violation of IC 24-5-15 (concerning credit services
23 organizations), as set forth in IC 24-5-15-11.
24 (29) A violation of IC 24-5-16 (concerning unlawful motor
25 vehicle subleasing), as set forth in IC 24-5-16-18.
26 (30) A violation of IC 24-5-17 (concerning environmental
27 marketing claims), as set forth in IC 24-5-17-14.
28 (31) A violation of IC 24-5-19 (concerning deceptive commercial
29 solicitation), as set forth in IC 24-5-19-11.
30 (32) A violation of IC 24-5-21 (concerning prescription drug
31 discount cards), as set forth in IC 24-5-21-7.
32 (33) A violation of IC 24-5-23.5-7 (concerning real estate
33 appraisals), as set forth in IC 24-5-23.5-9.
34 (34) A violation of IC 24-5-26 (concerning identity theft), as set
35 forth in IC 24-5-26-3.
36 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
37 as set forth in IC 24-5.5-6-1.
38 (36) A violation of IC 24-8 (concerning promotional gifts and
39 contests), as set forth in IC 24-8-6-3.
40 (37) A violation of IC 21-18.5-6 (concerning representations
41 made by a postsecondary credit bearing proprietary educational
42 institution), as set forth in IC 21-18.5-6-22.5.
HB 1412—LS 6515/DI 150 21
1 (38) A violation of IC 24-5-15.5 (concerning collection actions of
2 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
3 (39) A violation of IC 24-14 (concerning towing services), as set
4 forth in IC 24-14-10-1.
5 (40) A violation of IC 24-5-14.5 (concerning misleading or
6 inaccurate caller identification information), as set forth in
7 IC 24-5-14.5-12.
8 (41) A violation of IC 24-5-27 (concerning intrastate inmate
9 calling services), as set forth in IC 24-5-27-27.
10 (42) A violation of IC 15-21 (concerning sales of dogs by retail
11 pet stores), as set forth in IC 15-21-7-4.
12 (c) Any representations on or within a product or its packaging or
13 in advertising or promotional materials which would constitute a
14 deceptive act shall be the deceptive act both of the supplier who places
15 such representation thereon or therein, or who authored such materials,
16 and such other suppliers who shall state orally or in writing that such
17 representation is true if such other supplier shall know or have reason
18 to know that such representation was false.
19 (d) If a supplier shows by a preponderance of the evidence that an
20 act resulted from a bona fide error notwithstanding the maintenance of
21 procedures reasonably adopted to avoid the error, such act shall not be
22 deceptive within the meaning of this chapter.
23 (e) It shall be a defense to any action brought under this chapter that
24 the representation constituting an alleged deceptive act was one made
25 in good faith by the supplier without knowledge of its falsity and in
26 reliance upon the oral or written representations of the manufacturer,
27 the person from whom the supplier acquired the product, any testing
28 organization, or any other person provided that the source thereof is
29 disclosed to the consumer.
30 (f) For purposes of subsection (b)(12), a supplier that provides
31 estimates before performing repair or replacement work for a customer
32 shall give the customer a written estimate itemizing as closely as
33 possible the price for labor and parts necessary for the specific job
34 before commencing the work.
35 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
36 company or other provider of a telephone directory or directory
37 assistance service or its officer or agent is immune from liability for
38 publishing the listing of an alternate business name or assumed
39 business name of a supplier in its directory or directory assistance data
40 base unless the telephone company or other provider of a telephone
41 directory or directory assistance service is the same person as the
42 supplier who has committed the deceptive act.
HB 1412—LS 6515/DI 150 22
1 (h) For purposes of subsection (b)(18), it is an affirmative defense
2 to any action brought under this chapter that the product has been
3 altered by a person other than the defendant to render the product
4 completely incapable of serving its original purpose.
5 SECTION 35. IC 35-52-15-40, AS ADDED BY P.L.169-2014,
6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 40. IC 15-21-2-3 defines a crime crimes
8 concerning commercial dog breeder, commercial dog broker, retail
9 pet store, animal care facility, or animal rescue operation
10 regulation.
11 SECTION 36. IC 35-52-15-43 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 43. IC 15-21-3-2.3 defines a crime
14 concerning retail pet store regulation.
15 SECTION 37. IC 35-52-15-44 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 44. IC 15-21-3-2.5 defines a crime
18 concerning animal care facility or animal rescue operation
19 regulation.
HB 1412—LS 6515/DI 150 23
COMMITTEE REPORT
Mr. Speaker: Your Committee on Agriculture and Rural
Development, to which was referred House Bill 1412, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 4, line 26, after "Indiana." insert "The board shall make a
registry described in this subdivision available to the public.".
Page 11, line 37, after "exceeding" insert "ten percent (10%) of the
purchase price of the dog.".
Page 11, delete line 38.
Page 11, line 41, after "Sec. 5.7." insert "(a)".
Page 12, between lines 3 and 4, begin a new paragraph and insert:
"(b) The records described in subsection (a) must include a list
created by the retail pet store that contains the name and address
of the entities where the retail pet store obtained any dog it is
selling. The retail pet store shall make this list available to the
public.".
Page 12, line 35, delete "one (1) of".
Page 12, line 36, delete "alive:" and insert "alive,".
Page 12, delete lines 37 through 40.
Page 12, line 41, delete "(C)".
Page 12, run in lines 36 through 41.
and when so amended that said bill do pass.
(Reference is to HB 1412 as introduced.)
AYLESWORTH
Committee Vote: yeas 9, nays 4.
HB 1412—LS 6515/DI 150