UNOFFICIAL COPY 24 RS BR 1167
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AN ACT relating to the sale of dogs and cats. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 258 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Animal shelter" has the same meaning as in KRS 258.095; 6
(b) "Commercial sale" means the sale of a product in the stream of commerce 7
at retail or at wholesale, including sales on the internet; 8
(c) "Hobby breeder" means a breeder who owns no more than three (3) 9
breeding female dogs or cats; 10
(d) "Large-scale breeding kennel" means a kennel located inside or outside of 11
the Commonwealth that: 12
1. Is licensed and registered by the United States Department of 13
Agriculture; and 14
2. Maintains dogs or cats for the purpose of breeding and commercially 15
selling the offspring; 16
(e) "Qualified breeder" means a large-scale breeding kennel that has no direct 17
violations indicated by United States Department of Agriculture inspection 18
reports in the last two (2) years or a hobby breeder; and 19
(f) "Retail pet shop" means a for-profit commercial establishment open to the 20
public that sells, or offers for sale, food, supplies, or animals to be kept as 21
household pets. 22
(2) A retail pet shop shall not sell, offer to sell, barter, auction, or otherwise transfer 23
ownership of any dog or cat unless the animal was obtained from: 24
(a) An animal shelter; or 25
(b) A qualified breeder. 26
(3) A retail pet shop shall not sell, offer to sell, barter, auction, or otherwise transfer 27 UNOFFICIAL COPY 24 RS BR 1167
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ownership of any dog or cat: 1
(a) That is less than eight (8) weeks old; or 2
(b) To an individual who is under eighteen (18) years old. 3
(4) No county, municipality, or any of their agencies shall adopt or enforce a rule, 4
regulation, code, or ordinance that prohibits a retail pet shop from operating 5
within the county or municipality if the retail pet shop operates in accordance 6
with subsections (2) and (3) of this section. 7
Section 2. KRS 258.990 is amended to read as follows: 8
(1) Any person who violates KRS 258.015, 258.035, 258.055, 258.065, or 258.085 9
shall be fined not less than ten dollars ($10) nor more than one hundred dollars 10
($100). Each day of violation shall constitute a separate offense. 11
(2) The owner of any dog, cat, or ferret which bites a human being shall be liable to 12
pay all damages for personal injuries resulting from the bite of the dog, cat, or 13
ferret. 14
(3) (a) Any person violating or failing or refusing to comply with KRS 258.095 to 15
258.365, except KRS 258.235(5)(a), shall, upon conviction, be fined not less 16
than five dollars ($5) nor more than one hundred dollars ($100), or be 17
imprisoned in the county jail for not less than five (5) nor more than sixty (60) 18
days, or both. 19
(b) Any person violating KRS 258.235(5)(a) shall be punished by a fine of not 20
less than fifty dollars ($50) nor more than two hundred dollars ($200), or by 21
imprisonment in the county jail for not less than ten (10) nor more than sixty 22
(60) days, or both. 23
(4) Any retail pet shop owner who violates subsections (2) or (3) of Section 1 of this 24
Act shall be subject to a civil penalty of five hundred dollars ($500). Each animal 25
offered for sale in violation of this section shall constitute a separate violation. 26
(5) All fines collected under subsection (3) of this section shall after costs and 27 UNOFFICIAL COPY 24 RS BR 1167
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commissions have been deducted, be paid to the department to be credited to the 1
animal control and care fund. 2