*HB1412.2*
Reprinted
January 26, 2024
HOUSE BILL No. 1412
_____
DIGEST OF HB 1412 (Updated January 25, 2024 12:37 pm - DI 150)
Citations Affected: IC 15-17; IC 15-21; IC 24-5.
Synopsis: Canine standard of care. Sets forth regulations concerning
the retail sale of dogs. Requires retail pet stores, animal care facilities,
animal rescue operations, and hobby breeders that sell dogs to a retail
pet store 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.
January 25, 2024, read second time, amended, ordered engrossed.
HB 1412—LS 6515/DI 150 Reprinted
January 26, 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.
HB 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,
HB 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
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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
HB 1412—LS 6515/DI 150 7
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 15-21-2-1.3 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 1.3. A hobby breeder may not sell
31 dogs to a retail pet store unless the hobby breeder is registered
32 with the board in accordance with IC 15-21-3.
33 SECTION 15. IC 15-21-2-2.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The following entities that
36 are registered under IC 15-21-3 shall post notice of the entity's
37 registration with the board in a prominent place visible to the
38 public:
39 (1) A retail pet store.
40 (2) An animal care facility.
41 (3) An animal rescue operation.
42 SECTION 16. IC 15-21-2-3, AS ADDED BY P.L.111-2009,
HB 1412—LS 6515/DI 150 8
1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 3. (a) A commercial dog breeder who knowingly
3 or intentionally fails to register with the board as a commercial dog
4 breeder commits a Class A misdemeanor.
5 (b) A commercial dog broker who knowingly or intentionally fails
6 to register with the board as a commercial dog broker commits a Class
7 A misdemeanor.
8 (c) The board may impose a civil penalty of not more than ten
9 thousand dollars ($10,000) on a retail pet store operator that
10 knowingly or intentionally fails to register with the board as a
11 retail pet store.
12 (d) The board may impose a civil penalty of not more than ten
13 thousand dollars ($10,000) on the operator of:
14 (1) an animal care facility; or
15 (2) an animal rescue operation;
16 that knowingly or intentionally fails to register with the board.
17 (e) The board may impose a civil penalty of not more than ten
18 thousand dollars ($10,000) on a hobby breeder that sells dogs to a
19 retail pet store that knowingly or intentionally fails to register with
20 the board as a retail pet store.
21 (c) (f) A commercial dog breeder or a commercial dog broker who
22 fails to register with the board is liable to the state for two (2) times the
23 amount of registration fees that the commercial dog breeder or
24 commercial dog broker failed to pay. The attorney general may bring
25 an action to collect unpaid commercial dog breeder or commercial dog
26 broker registration fees. Funds collected under this subsection shall be
27 deposited in the commercial dog breeder and broker fund established
28 by IC 15-21-3-3.
29 (g) If any of the following entities fail to register with the board,
30 the entity may not operate in Indiana until the entity registers with
31 the board:
32 (1) Commercial dog breeder.
33 (2) Commercial dog broker.
34 (3) Retail pet store.
35 (4) Animal care facility.
36 (5) Animal rescue operation.
37 SECTION 17. IC 15-21-3-2.3 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 2.3. (a) A retail pet store shall file
40 an initial registration with the board in a form prescribed by the
41 board.
42 (b) After the initial registration under subsection (a), a retail pet
HB 1412—LS 6515/DI 150 9
1 store shall register annually with the board in a manner prescribed
2 by the board.
3 (c) The board shall provide for notice of the upcoming
4 expiration of registration to each registrant at least thirty (30) days
5 before the expiration of the registration.
6 (d) A retail pet store that fails to renew its registration will
7 receive a warning on a form prescribed by the board indicating
8 that it has thirty (30) days to renew its registration or the retail pet
9 store can no longer operate.
10 (e) A person that registers or renews a registration as a retail
11 pet store must include the following in the registration or renewal
12 application:
13 (1) The name and address of the person's retail pet store.
14 (2) The name and address of the person operating the retail
15 pet store.
16 (3) Any other information related to taxation that is required
17 by the board.
18 (f) An entity that owns and operates more than one (1) retail pet
19 store shall register all of the retail pet stores owned and operated
20 by the entity in Indiana.
21 (g) The board may impose a civil penalty of not more than ten
22 thousand dollars ($10,000) on a person that knowingly or
23 intentionally makes a material misstatement in a retail pet store
24 registration statement.
25 SECTION 18. IC 15-21-3-2.5 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) An animal care facility
28 and an animal rescue operation shall file an initial registration with
29 the board in a form prescribed by the board.
30 (b) After the initial registration under subsection (a):
31 (1) an animal care facility; and
32 (2) an animal rescue operation;
33 shall register annually with the board in a manner prescribed by
34 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) An animal care facility or animal rescue operation that fails
39 to renew its registration will receive a warning on a form
40 prescribed by the board indicating that it has thirty (30) days to
41 renew its registration or the entity can no longer operate.
42 (e) A person that registers or renews a registration as an animal
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1 care facility or animal rescue operation must include the following
2 in the registration or renewal application:
3 (1) The name and address of the person's animal care facility
4 or animal rescue operation.
5 (2) The name and address of the person operating the animal
6 care facility or animal rescue operation.
7 (3) Any other information related to taxation that is required
8 by the board.
9 (f) The board may impose a civil penalty of not more than ten
10 thousand dollars ($10,000) on a person that knowingly or
11 intentionally makes a material misstatement in an animal care
12 facility or animal rescue operation registration statement.
13 SECTION 19. IC 15-21-3-2.7 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 2.7. (a) A hobby breeder that
16 wants to sell dogs to a retail pet store shall file an initial
17 registration with the board in a form prescribed by the board.
18 (b) After the initial registration under subsection (a), a hobby
19 breeder shall register annually with the board in a manner
20 prescribed by the board.
21 (c) The board shall provide for notice of the upcoming
22 expiration of registration to each registrant at least thirty (30) days
23 before the expiration of the registration.
24 (d) A hobby breeder that fails to renew its registration will
25 receive a warning on a form prescribed by the board indicating
26 that it has thirty (30) days to renew its registration or the hobby
27 breeder can no longer operate.
28 (e) A person that registers or renews a registration as a hobby
29 breeder must include the following in the registration or renewal
30 application:
31 (1) The name and address of the hobby breeder's operation.
32 (2) The name and address of the person operating the hobby
33 breeding operation.
34 (3) Any other information related to taxation that is required
35 by the board.
36 (f) An entity that owns and operates more than one (1) hobby
37 breeding operation shall register all of the hobby breeder
38 operations owned and operated by the entity in Indiana.
39 (g) The board may impose a civil penalty of not more than ten
40 thousand dollars ($10,000) on a hobby breeder that sells dogs to a
41 retail pet store that knowingly or intentionally fails to register with
42 the board as a retail pet store.
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1 SECTION 20. IC 15-21-3-3, AS ADDED BY P.L.111-2009,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) The commercial dog breeder and broker
4 fund is established for the purpose of funding:
5 (1) the inspection of commercial dog breeding operations by the
6 board; and
7 (2) the inspection of retail pet stores by the board; and
8 (2) (3) the enforcement by the board of laws concerning
9 commercial dog breeders and commercial dog brokers.
10 The fund shall be administered by the board.
11 (b) The fund consists of:
12 (1) commercial dog breeder and commercial dog broker fees; and
13 (2) civil penalties deposited by the board into the fund for
14 violations of this article.
15 (c) The expenses of administering the fund shall be paid from
16 money in the fund.
17 (d) The treasurer of state shall invest the money in the fund not
18 currently needed to meet the obligations of the fund in the same
19 manner as other public money may be invested. Interest that accrues
20 from these investments shall be deposited in the fund.
21 (e) Money in the fund at the end of a state fiscal year does not revert
22 to the state general fund.
23 (f) Money in the fund is continually appropriated to carry out the
24 purposes of the fund.
25 (g) The board may adopt rules under IC 4-22-2 to implement this
26 chapter.
27 SECTION 21. IC 15-21-5-3 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2024]: Sec. 3. A retail pet store may not sell a dog to a person
30 who is less than eighteen (18) years of age.
31 SECTION 22. IC 15-21-5-4 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 4. A retail pet store operator must:
34 (1) microchip each dog before the sale of the dog; and
35 (2) provide each purchaser with the necessary information to
36 register a microchip placed in a dog with a searchable data
37 base.
38 SECTION 23. IC 15-21-5-4.4 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2024]: Sec. 4.4. A retail pet store operator
41 shall require a consumer to commit to spaying or neutering a dog
42 within a reasonable time frame, as specified by a licensed
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1 veterinarian.
2 SECTION 24. IC 15-21-5-5 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2024]: Sec. 5. Before the sale of a dog, a retail pet store operator
5 must, to the best of the operator's knowledge, provide to the
6 consumer the following information on the dog being offered for
7 sale:
8 (1) The retail price of the dog, including any additional fees or
9 charges.
10 (2) The dog's breed or breeds, if known.
11 (3) The dog's age and date of birth, if known.
12 (4) The dog's sex and color.
13 (5) The date and description of any inoculation or medical
14 treatment that the dog received while in the possession of the:
15 (A) retail pet store;
16 (B) commercial dog breeder;
17 (C) commercial dog broker;
18 (D) humane society;
19 (E) animal rescue operation; or
20 (F) animal shelter.
21 (6) If the dog was supplied by a commercial dog breeder or
22 commercial dog broker, the name and address of the
23 commercial dog breeder or commercial dog broker.
24 (7) If eligible for registration with a pedigree registry, the
25 name and registration numbers of the sire and dam and the
26 address of the pedigree registry where the sire and dam are
27 registered.
28 (8) A copy of the retail pet store's policy regarding
29 warranties, refunds, or returns.
30 (9) An explanation of the remedy under section 6 of this
31 chapter, in addition to any other remedies available by law.
32 (10) Disclosure that the dog has been microchipped.
33 SECTION 25. IC 15-21-5-5.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) A retail pet store shall
36 accept, for any reason, the return of a dog sold within three (3)
37 business days of the original sale.
38 (b) The retail pet store may charge a return fee not exceeding
39 ten percent (10%) of the purchase price of the dog.
40 SECTION 26. IC 15-21-5-5.7 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2024]: Sec. 5.7. (a) To demonstrate that a
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1 retail pet store is only selling dogs obtained from the entities
2 identified in IC 15-21-6-2(a), a retail pet store shall create and
3 maintain records for seven (7) years demonstrating where the
4 retail pet store obtained any dog it is selling.
5 (b) The records described in subsection (a) must include a list
6 created by the retail pet store that contains the name and address
7 of the entities where the retail pet store obtained any dog it is
8 selling. The retail pet store shall make this list available to the
9 public.
10 SECTION 27. IC 15-21-5-6 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2024]: Sec. 6. (a) A customer who purchases a dog from a retail
13 pet store is entitled to a remedy under subsection (c) if:
14 (1) not later than fourteen (14) days after the date of sale, a
15 licensed veterinarian states in writing that:
16 (A) at the time of sale the dog was unfit for purchase due
17 to illness, a disease, or the presence of symptoms of a
18 contagious or infectious disease that are extreme enough to
19 influence the general health of the dog, excluding fleas or
20 ticks; or
21 (B) the dog has died from a disease that existed in the dog
22 on or before the date of delivery of the dog to the
23 customer; or
24 (2) not later than two (2) years after the date of sale, a
25 licensed veterinarian states in writing that the dog:
26 (A) possesses a congenital or hereditary condition that
27 severely affects the health of the dog or requires either
28 hospitalization or a nonelective surgical procedure; or
29 (B) has died of a congenital or hereditary condition.
30 (b) The veterinarian's statement under subsection (a) must
31 include:
32 (1) the customer's name and address;
33 (2) a statement that the veterinarian examined the dog;
34 (3) the date or dates that the dog was examined;
35 (4) the breed and age of the dog, if known;
36 (5) a statement that the dog has or had a disease, illness, or
37 congenital or hereditary condition; and
38 (6) the findings of the examination or necropsy, including any
39 lab results or copies of the results.
40 (c) A customer entitled to a remedy under this section may elect
41 to do the following:
42 (1) If the dog is alive, retain the dog and be reimbursed for
HB 1412—LS 6515/DI 150 14
1 reasonable veterinary fees for diagnosis and treatment of the
2 dog, not to exceed the purchase price of the dog.
3 (2) If the dog is deceased, be reimbursed:
4 (A) the full purchase price of the dog; and
5 (B) reasonable veterinary fees associated with the
6 diagnosis and treatment of the dog, not to exceed the
7 purchase price of the dog.
8 SECTION 28. IC 15-21-5-6.5 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A retail pet store shall
11 only sell dogs acquired from the following sources:
12 (1) A commercial dog breeder that meets the following
13 criteria:
14 (A) Is registered as required by IC 15-21-2-1.
15 (B) Is certified by a national science based breeder
16 standards program.
17 (C) Is audited by an independent auditing firm that
18 complies with the applicable standards of the International
19 Organization for Standardization (ISO).
20 (2) A commercial dog broker that meets the following
21 criteria:
22 (A) Is registered as required by IC 15-21-2-1.
23 (B) Acquires dogs from the following sources:
24 (i) A commercial dog breeder that meets the
25 requirements established in subdivision (1).
26 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
27 and has no direct violations for the previous two (2)
28 years.
29 (iii) A hobby breeder that meets the requirements in
30 subdivision (4).
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 that meets the following criteria:
34 (A) Is registered as required by IC 15-21-3-2.7.
35 (B) Is certified by a national science based breeder
36 standards program.
37 (C) Is audited by an independent auditing firm that
38 complies with the applicable standards of the International
39 Organization for Standardization (ISO).
40 (b) If a retail pet store acquires a dog from a source that does
41 not fall under the criteria established in subsection (a) or no longer
42 meets the criteria established in subsection (a), the retail pet store
HB 1412—LS 6515/DI 150 15
1 shall take the following corrective action within thirty (30) days:
2 (1) Notify the board of the violation and report which entity
3 sold the dog to the retail pet store.
4 (2) Notify customers who purchased a dog acquired from a
5 source not described in subsection (a).
6 (3) Provide a refund to a customer who elects to return a dog
7 acquired from a source not described in subsection (a).
8 (c) A retail pet store that takes corrective action under
9 subsection (b) does not violate subsection (a).
10 SECTION 29. IC 15-21-5-7 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2024]: Sec. 7. (a) The board may review or obtain records from
13 a retail pet store that contain the information described in this
14 chapter and confirm that all dogs acquired by a retail pet store
15 meet the criteria established under section 6.5(a) of this chapter.
16 (b) A retail pet store shall, within thirty (30) days, provide the
17 board with electronic access to any requested records that contain
18 information required to verify disclosures and procedures
19 established by this chapter.
20 SECTION 30. IC 15-21-5.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]:
23 Chapter 5.5. Board Inspections
24 Sec. 1. The board shall determine the frequency of inspections
25 for the following:
26 (1) A commercial dog breeder.
27 (2) A commercial dog broker.
28 (3) A retail pet store.
29 Sec. 2. (a) The following entities are subject to random
30 unannounced inspections by the board:
31 (1) A commercial dog breeder.
32 (2) A commercial dog broker.
33 (3) A retail pet store.
34 (b) Subject to IC 15-17-3, the board may not inspect the same
35 entity more than one (1) time in a calendar year, unless an entity
36 fails an inspection and additional inspections are necessary to
37 protect the safety and well-being of the dogs.
38 SECTION 31. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2024]: Sec. 2. (a) A unit may not prohibit a retail pet store from
41 selling dogs acquired from the following:
42 (1) A commercial dog breeder that meets the following
HB 1412—LS 6515/DI 150 16
1 criteria:
2 (A) Is registered as required by IC 15-21-2-1.
3 (B) Is certified by a national science based breeder
4 standards program.
5 (C) Is audited by an independent auditing firm that
6 complies with the applicable standards of the International
7 Organization for Standardization (ISO).
8 (2) A commercial dog broker that meets the following
9 criteria:
10 (A) Is registered as required by IC 15-21-2-1.
11 (B) Acquires dogs from the following sources:
12 (i) A commercial dog breeder that meets the
13 requirements established in subdivision (1).
14 (ii) A dog breeder or broker that is subject to 9 CFR 3.1
15 and has no direct violations for the previous two (2)
16 years.
17 (iii) A hobby breeder that meets the requirements in
18 subdivision (4).
19 (3) A dog breeder or broker that is subject to 9 CFR 3.1 and
20 has no direct violations for the previous two (2) years.
21 (4) A hobby that meets the following criteria:
22 (A) Is registered as required by IC 15-21-3-2.7.
23 (B) Is certified by a national science based breeder
24 standards program.
25 (C) Is audited by an independent auditing firm that
26 complies with the applicable standards of the International
27 Organization for Standardization (ISO).
28 (b) A retail pet store may sell dogs from a commercial dog
29 breeder that is awaiting a final audit from the canine care certified
30 program until June 30, 2025.
31 (c) A commercial dog broker may acquire dogs from a
32 commercial dog breeder that is awaiting a final audit from the
33 canine care certified program until June 30, 2025.
34 (d) A retail pet store shall have an opportunity to take
35 corrective action under IC 15-21-5-6.5 before a local unit prevents
36 a retail pet store from selling dogs due to a violation under this
37 section.
38 (e) This section may not be construed to prohibit a unit from
39 adopting an ordinance or regulating a retail pet store for:
40 (1) inspections;
41 (2) business licenses; or
42 (3) other applicable local ordinances.
HB 1412—LS 6515/DI 150 17
1 (f) Any ordinance that violates subsection (a) is void and
2 unenforceable. An ordinance adopted before July 1, 2024, becomes
3 void and unenforceable on July 1, 2024.
4 SECTION 32. IC 15-21-7-1, AS ADDED BY P.L.111-2009,
5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 1. (a) The board may enforce this article when the
7 board determines that sufficient funds have been deposited in the
8 commercial dog breeder and broker fund to permit enforcement.
9 (b) In enforcing this article, the board may:
10 (1) seek injunctive relief;
11 (2) issue an order of compliance notifying the commercial dog
12 breeder, or commercial dog broker, retail pet store, animal care
13 facility, or animal rescue operation of a violation and requiring
14 corrective action by a certain date; and
15 (3) impose a civil penalty of not more than:
16 (A) five hundred dollars ($500) for a knowing violation;
17 (B) one thousand dollars ($1,000) for an intentional violation;
18 and
19 (C) five thousand dollars ($5,000) for knowingly or
20 intentionally violating an injunction.
21 (c) The board may assess a civil penalty of ten thousand dollars
22 ($10,000) per day for each day a violation is not corrected, plus
23 payment to the board for the costs incurred by the board as a
24 direct consequence of prosecution of the violation. All civil
25 penalties under this section shall be deposited in the commercial
26 dog breeder and broker fund established by IC 15-21-3-3.
27 (c) (d) The board may seek an injunction to prohibit a commercial
28 dog breeder from registering with the board for not more than three (3)
29 years.
30 (d) (e) Subsection (a) does not prohibit the board from assisting a
31 law enforcement agency in a criminal investigation.
32 SECTION 33. IC 15-21-7-2 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 2. (a) Nothing in this article shall be construed to
35 prohibit the board from exercising its statutory powers and duties
36 conferred under IC 15-17-3.
37 (b) The board may inspect and audit any:
38 (1) commercial dog breeder;
39 (2) commercial dog broker;
40 (3) retail pet store;
41 (4) animal care facility; or
42 (5) animal rescue operation;
HB 1412—LS 6515/DI 150 18
1 that the board has reason to believe violates this article, or has
2 reason to believe that a higher frequency of inspections is necessary
3 for a high risk entity.
4 SECTION 34. IC 15-21-7-3 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 3. An Indiana law enforcement agency shall provide
7 assistance to:
8 (1) the board;
9 (2) the state veterinarian;
10 (3) a county veterinarian; or
11 (4) an agent of the United States Department of Agriculture,
12 if requested;
13 in enforcing this article.
14 SECTION 35. IC 15-21-7-4 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2024]: Sec. 4. (a) A retail pet store operator that violates this
17 article commits a deceptive act that is actionable by the attorney
18 general or a consumer under IC 24-5-0.5-4 and is subject to the
19 remedies and penalties under IC 24-5-0.5.
20 (b) A retail pet store operator that misleads a consumer, by
21 contract or otherwise, with the intent to evade the requirements of
22 this article commits a deceptive act that is actionable by the
23 attorney general or a consumer under IC 24-5-0.5-4 and is subject
24 to the remedies and penalties under IC 24-5-0.5.
25 (c) Nothing in this article shall be construed to prevent a
26 consumer from filing a complaint as provided under IC 24-5-0.5-4.
27 SECTION 36. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
30 abusive, or deceptive act, omission, or practice in connection with a
31 consumer transaction. Such an act, omission, or practice by a supplier
32 is a violation of this chapter whether it occurs before, during, or after
33 the transaction. An act, omission, or practice prohibited by this section
34 includes both implicit and explicit misrepresentations.
35 (b) Without limiting the scope of subsection (a), the following acts,
36 and the following representations as to the subject matter of a
37 consumer transaction, made orally, in writing, or by electronic
38 communication, by a supplier, are deceptive acts:
39 (1) That such subject of a consumer transaction has sponsorship,
40 approval, performance, characteristics, accessories, uses, or
41 benefits it does not have which the supplier knows or should
42 reasonably know it does not have.
HB 1412—LS 6515/DI 150 19
1 (2) That such subject of a consumer transaction is of a particular
2 standard, quality, grade, style, or model, if it is not and if the
3 supplier knows or should reasonably know that it is not.
4 (3) That such subject of a consumer transaction is new or unused,
5 if it is not and if the supplier knows or should reasonably know
6 that it is not.
7 (4) That such subject of a consumer transaction will be supplied
8 to the public in greater quantity than the supplier intends or
9 reasonably expects.
10 (5) That replacement or repair constituting the subject of a
11 consumer transaction is needed, if it is not and if the supplier
12 knows or should reasonably know that it is not.
13 (6) That a specific price advantage exists as to such subject of a
14 consumer transaction, if it does not and if the supplier knows or
15 should reasonably know that it does not.
16 (7) That the supplier has a sponsorship, approval, or affiliation in
17 such consumer transaction the supplier does not have, and which
18 the supplier knows or should reasonably know that the supplier
19 does not have.
20 (8) That such consumer transaction involves or does not involve
21 a warranty, a disclaimer of warranties, or other rights, remedies,
22 or obligations, if the representation is false and if the supplier
23 knows or should reasonably know that the representation is false.
24 (9) That the consumer will receive a rebate, discount, or other
25 benefit as an inducement for entering into a sale or lease in return
26 for giving the supplier the names of prospective consumers or
27 otherwise helping the supplier to enter into other consumer
28 transactions, if earning the benefit, rebate, or discount is
29 contingent upon the occurrence of an event subsequent to the time
30 the consumer agrees to the purchase or lease.
31 (10) That the supplier is able to deliver or complete the subject of
32 the consumer transaction within a stated period of time, when the
33 supplier knows or should reasonably know the supplier could not.
34 If no time period has been stated by the supplier, there is a
35 presumption that the supplier has represented that the supplier
36 will deliver or complete the subject of the consumer transaction
37 within a reasonable time, according to the course of dealing or the
38 usage of the trade.
39 (11) That the consumer will be able to purchase the subject of the
40 consumer transaction as advertised by the supplier, if the supplier
41 does not intend to sell it.
42 (12) That the replacement or repair constituting the subject of a
HB 1412—LS 6515/DI 150 20
1 consumer transaction can be made by the supplier for the estimate
2 the supplier gives a customer for the replacement or repair, if the
3 specified work is completed and:
4 (A) the cost exceeds the estimate by an amount equal to or
5 greater than ten percent (10%) of the estimate;
6 (B) the supplier did not obtain written permission from the
7 customer to authorize the supplier to complete the work even
8 if the cost would exceed the amounts specified in clause (A);
9 (C) the total cost for services and parts for a single transaction
10 is more than seven hundred fifty dollars ($750); and
11 (D) the supplier knew or reasonably should have known that
12 the cost would exceed the estimate in the amounts specified in
13 clause (A).
14 (13) That the replacement or repair constituting the subject of a
15 consumer transaction is needed, and that the supplier disposes of
16 the part repaired or replaced earlier than seventy-two (72) hours
17 after both:
18 (A) the customer has been notified that the work has been
19 completed; and
20 (B) the part repaired or replaced has been made available for
21 examination upon the request of the customer.
22 (14) Engaging in the replacement or repair of the subject of a
23 consumer transaction if the consumer has not authorized the
24 replacement or repair, and if the supplier knows or should
25 reasonably know that it is not authorized.
26 (15) The act of misrepresenting the geographic location of the
27 supplier by listing an alternate business name or an assumed
28 business name (as described in IC 23-0.5-3-4) in a local telephone
29 directory if:
30 (A) the name misrepresents the supplier's geographic location;
31 (B) the listing fails to identify the locality and state of the
32 supplier's business;
33 (C) calls to the local telephone number are routinely forwarded
34 or otherwise transferred to a supplier's business location that
35 is outside the calling area covered by the local telephone
36 directory; and
37 (D) the supplier's business location is located in a county that
38 is not contiguous to a county in the calling area covered by the
39 local telephone directory.
40 (16) The act of listing an alternate business name or assumed
41 business name (as described in IC 23-0.5-3-4) in a directory
42 assistance data base if:
HB 1412—LS 6515/DI 150 21
1 (A) the name misrepresents the supplier's geographic location;
2 (B) calls to the local telephone number are routinely forwarded
3 or otherwise transferred to a supplier's business location that
4 is outside the local calling area; and
5 (C) the supplier's business location is located in a county that
6 is not contiguous to a county in the local calling area.
7 (17) The violation by a supplier of IC 24-3-4 concerning
8 cigarettes for import or export.
9 (18) The act of a supplier in knowingly selling or reselling a
10 product to a consumer if the product has been recalled, whether
11 by the order of a court or a regulatory body, or voluntarily by the
12 manufacturer, distributor, or retailer, unless the product has been
13 repaired or modified to correct the defect that was the subject of
14 the recall.
15 (19) The violation by a supplier of 47 U.S.C. 227, including any
16 rules or regulations issued under 47 U.S.C. 227.
17 (20) The violation by a supplier of the federal Fair Debt
18 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
19 rules or regulations issued under the federal Fair Debt Collection
20 Practices Act (15 U.S.C. 1692 et seq.).
21 (21) A violation of IC 24-5-7 (concerning health spa services), as
22 set forth in IC 24-5-7-17.
23 (22) A violation of IC 24-5-8 (concerning business opportunity
24 transactions), as set forth in IC 24-5-8-20.
25 (23) A violation of IC 24-5-10 (concerning home consumer
26 transactions), as set forth in IC 24-5-10-18.
27 (24) A violation of IC 24-5-11 (concerning real property
28 improvement contracts), as set forth in IC 24-5-11-14.
29 (25) A violation of IC 24-5-12 (concerning telephone
30 solicitations), as set forth in IC 24-5-12-23.
31 (26) A violation of IC 24-5-13.5 (concerning buyback motor
32 vehicles), as set forth in IC 24-5-13.5-14.
33 (27) A violation of IC 24-5-14 (concerning automatic
34 dialing-announcing devices), as set forth in IC 24-5-14-13.
35 (28) A violation of IC 24-5-15 (concerning credit services
36 organizations), as set forth in IC 24-5-15-11.
37 (29) A violation of IC 24-5-16 (concerning unlawful motor
38 vehicle subleasing), as set forth in IC 24-5-16-18.
39 (30) A violation of IC 24-5-17 (concerning environmental
40 marketing claims), as set forth in IC 24-5-17-14.
41 (31) A violation of IC 24-5-19 (concerning deceptive commercial
42 solicitation), as set forth in IC 24-5-19-11.
HB 1412—LS 6515/DI 150 22
1 (32) A violation of IC 24-5-21 (concerning prescription drug
2 discount cards), as set forth in IC 24-5-21-7.
3 (33) A violation of IC 24-5-23.5-7 (concerning real estate
4 appraisals), as set forth in IC 24-5-23.5-9.
5 (34) A violation of IC 24-5-26 (concerning identity theft), as set
6 forth in IC 24-5-26-3.
7 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
8 as set forth in IC 24-5.5-6-1.
9 (36) A violation of IC 24-8 (concerning promotional gifts and
10 contests), as set forth in IC 24-8-6-3.
11 (37) A violation of IC 21-18.5-6 (concerning representations
12 made by a postsecondary credit bearing proprietary educational
13 institution), as set forth in IC 21-18.5-6-22.5.
14 (38) A violation of IC 24-5-15.5 (concerning collection actions of
15 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
16 (39) A violation of IC 24-14 (concerning towing services), as set
17 forth in IC 24-14-10-1.
18 (40) A violation of IC 24-5-14.5 (concerning misleading or
19 inaccurate caller identification information), as set forth in
20 IC 24-5-14.5-12.
21 (41) A violation of IC 24-5-27 (concerning intrastate inmate
22 calling services), as set forth in IC 24-5-27-27.
23 (42) A violation of IC 15-21 (concerning sales of dogs by retail
24 pet stores), as set forth in IC 15-21-7-4.
25 (c) Any representations on or within a product or its packaging or
26 in advertising or promotional materials which would constitute a
27 deceptive act shall be the deceptive act both of the supplier who places
28 such representation thereon or therein, or who authored such materials,
29 and such other suppliers who shall state orally or in writing that such
30 representation is true if such other supplier shall know or have reason
31 to know that such representation was false.
32 (d) If a supplier shows by a preponderance of the evidence that an
33 act resulted from a bona fide error notwithstanding the maintenance of
34 procedures reasonably adopted to avoid the error, such act shall not be
35 deceptive within the meaning of this chapter.
36 (e) It shall be a defense to any action brought under this chapter that
37 the representation constituting an alleged deceptive act was one made
38 in good faith by the supplier without knowledge of its falsity and in
39 reliance upon the oral or written representations of the manufacturer,
40 the person from whom the supplier acquired the product, any testing
41 organization, or any other person provided that the source thereof is
42 disclosed to the consumer.
HB 1412—LS 6515/DI 150 23
1 (f) For purposes of subsection (b)(12), a supplier that provides
2 estimates before performing repair or replacement work for a customer
3 shall give the customer a written estimate itemizing as closely as
4 possible the price for labor and parts necessary for the specific job
5 before commencing the work.
6 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
7 company or other provider of a telephone directory or directory
8 assistance service or its officer or agent is immune from liability for
9 publishing the listing of an alternate business name or assumed
10 business name of a supplier in its directory or directory assistance data
11 base unless the telephone company or other provider of a telephone
12 directory or directory assistance service is the same person as the
13 supplier who has committed the deceptive act.
14 (h) For purposes of subsection (b)(18), it is an affirmative defense
15 to any action brought under this chapter that the product has been
16 altered by a person other than the defendant to render the product
17 completely incapable of serving its original purpose.
HB 1412—LS 6515/DI 150 24
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.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1412 be amended to read as
follows:
Page 7, between lines 27 and 28, begin a new paragraph and insert:
"SECTION 13. IC 15-21-2-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1.3. A hobby breeder may not sell
dogs to a retail pet store unless the hobby breeder is registered
HB 1412—LS 6515/DI 150 25
with the board in accordance with IC 15-21-3.".
Page 8, delete lines 3 through 10, begin a new paragraph and insert:
"(c) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on a retail pet store operator that
knowingly or intentionally fails to register with the board as a
retail pet store.
(d) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on the operator of:
(1) an animal care facility; or
(2) an animal rescue operation;
that knowingly or intentionally fails to register with the board.
(e) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on a hobby breeder that sells dogs to a
retail pet store that knowingly or intentionally fails to register with
the board as a retail pet store.".
Page 8, line 11, delete "(e)" and insert "(f)".
Page 8, line 19, delete "(f)" and insert "(g)".
Page 9, delete lines 11 through 13, begin a new paragraph and
insert:
"(g) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on a person that knowingly or
intentionally makes a material misstatement in a retail pet store
registration statement.".
Page 9, delete lines 40 through 42, begin a new paragraph and
insert:
"(f) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on a person that knowingly or
intentionally makes a material misstatement in an animal care
facility or animal rescue operation registration statement.".
Page 10, delete line 1, begin a new paragraph and insert:
"SECTION 16. IC 15-21-3-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.7. (a) A hobby breeder that
wants to sell dogs to a retail pet store shall file an initial
registration with the board in a form prescribed by the board.
(b) After the initial registration under subsection (a), a hobby
breeder shall register annually with the board in a manner
prescribed by the board.
(c) The board shall provide for notice of the upcoming
expiration of registration to each registrant at least thirty (30) days
before the expiration of the registration.
(d) A hobby breeder that fails to renew its registration will
HB 1412—LS 6515/DI 150 26
receive a warning on a form prescribed by the board indicating
that it has thirty (30) days to renew its registration or the hobby
breeder can no longer operate.
(e) A person that registers or renews a registration as a hobby
breeder must include the following in the registration or renewal
application:
(1) The name and address of the hobby breeder's operation.
(2) The name and address of the person operating the hobby
breeding operation.
(3) Any other information related to taxation that is required
by the board.
(f) An entity that owns and operates more than one (1) hobby
breeding operation shall register all of the hobby breeder
operations owned and operated by the entity in Indiana.
(g) The board may impose a civil penalty of not more than ten
thousand dollars ($10,000) on a hobby breeder that sells dogs to a
retail pet store that knowingly or intentionally fails to register with
the board as a retail pet store.".
Page 13, line 30, delete "breeder." and insert "breeder that meets
the requirements in subdivision (4).".
Page 13, line 33, delete "breeder." and insert "breeder that meets
the following criteria:
(A) Is registered as required by IC 15-21-3-2.7.
(B) Is certified by a national science based breeder
standards program.
(C) Is audited by an independent auditing firm that
complies with the applicable standards of the International
Organization for Standardization (ISO).".
Page 15, line 11, delete "breeder." and insert "breeder that meets
the requirements in subdivision (4).".
Page 15, line 14, delete "breeder." and insert "that meets the
following criteria:
(A) Is registered as required by IC 15-21-3-2.7.
(B) Is certified by a national science based breeder
standards program.
(C) Is audited by an independent auditing firm that
complies with the applicable standards of the International
Organization for Standardization (ISO).".
HB 1412—LS 6515/DI 150 27
Page 22, delete lines 5 through 19.
Renumber all SECTIONS consecutively.
(Reference is to HB 1412 as printed January 22, 2024.)
BAUER M
HB 1412—LS 6515/DI 150