Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1943 Latest Draft

Bill / Introduced Version Filed 02/25/2025

                            1.1	A bill for an act​
1.2 relating to commerce; prohibiting pet shops from selling cats and dogs; amending​
1.3 Minnesota Statutes 2024, sections 325F.79; 325F.791, subdivisions 1, 5; 325F.792,​
1.4 subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 325F.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 325F.79, is amended to read:​
1.7 325F.79 DEFINITIONS.​
1.8 For purposes of sections 325F.79 to 325F.792, the following definitions apply:​
1.9 (a) "Advertisement" means an oral, written, graphic, or pictorial statement made in the​
1.10course of soliciting business. Advertisement includes without limitation a statement or​
1.11representation:​
1.12 (1) made in a newspaper, magazine, or other public publication;​
1.13 (2) contained in a notice, sign, billboard, poster, display, circular, pamphlet, or letter;​
1.14or​
1.15 (3) made on radio, television, or the Internet.​
1.16 (a) (b) "Animal" means a dog, wholly or in part of the species Canis familiaris, or a cat,​
1.17wholly or in part of the species Felis domesticus.​
1.18 (b) (c) "Pet dealer" means any person, firm, partnership, corporation, or association,​
1.19including breeders, that is required to collect sales tax for the sale of animals to the public.​
1.20Pet dealer does not include humane societies, nonprofit organizations performing the​
1.21functions of humane societies, or animal control agencies.​
1​Section 1.​
25-03094 as introduced​02/18/25 REVISOR RSI/VJ​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1943​NINETY-FOURTH SESSION​
(SENATE AUTHORS: DIBBLE and Abeler)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​02/27/2025​
Referred to Commerce and Consumer Protection​ 2.1 (c) (d) "Breeder" means any person, firm, partnership, corporation, or association that​
2.2breeds animals for direct or indirect sale to the public.​
2.3 (d) (e) "Broker" means a person, firm, partnership, corporation, or association that​
2.4purchases animals for resale to other brokers or pet dealers.​
2.5 (e) (f) "Health problem" means any disease, illness, or congenital or hereditary condition​
2.6which would impair the health or function of the animal that is apparent at the time of sale,​
2.7or which should have been apparent to the seller from the veterinary history of the animal.​
2.8 (g) "Pet shop" means a pet dealer that operates a physical retail store from which animals​
2.9are sold or offered for sale to the general public, whether through an appointment or​
2.10otherwise.​
2.11 (f) (h) "Veterinarian" means a licensed veterinarian in the state of Minnesota.​
2.12 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
2.13committed on or after that date.​
2.14 Sec. 2. Minnesota Statutes 2024, section 325F.791, subdivision 1, is amended to read:​
2.15 Subdivision 1.Disclosure.(a) Every pet dealer shall deliver to each retail purchaser of​
2.16an animal written disclosure as follows:​
2.17 (a) (1) the name, address, and USDA license number of the breeder and any broker who​
2.18has had possession of the animal; the date of the animal's birth; the date the pet dealer​
2.19received the animal; the breed, sex, color, and identifying marks of the animal; the individual​
2.20identifying tag, tattoo, or collar number; the name and registration number of the sire and​
2.21dam and the litter number; and a record of inoculations, worming treatments, and medication​
2.22received by the animal while in the possession of the pet dealer.;​
2.23 (b) (2) a statement signed by the pet dealer that the animal has no known health problem,​
2.24or a statement signed by the pet dealer disclosing any known health problem and a statement​
2.25signed by a veterinarian that recommends necessary treatment.; and​
2.26 (3) a copy of all publicly available state or federal inspection reports for the animal's​
2.27breeder for all inspections that occurred during the three years preceding the date the animal​
2.28was purchased.​
2.29 (b) The disclosure shall be made part of the statement of consumer rights set forth in​
2.30subdivision 10. The disclosure required in paragraph (a), clause (1), need not be made for​
2.31mixed breed animals if the information is not available and cannot be determined by the​
2.32pet dealer.​
2​Sec. 2.​
25-03094 as introduced​02/18/25 REVISOR RSI/VJ​ 3.1 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
3.2committed on or after that date.​
3.3 Sec. 3. Minnesota Statutes 2024, section 325F.791, subdivision 5, is amended to read:​
3.4 Subd. 5.Responsibilities of purchaser.(a) To obtain the remedies provided in​
3.5subdivision 6, the purchaser shall with respect to an animal with a health problem:​
3.6 (a) (1) notify the pet dealer, within two business days, of the diagnosis by a veterinarian​
3.7of the purchaser's choosing of a health problem and provide the pet dealer with the name​
3.8and telephone number of the veterinarian and a copy of the veterinarian's report on the​
3.9animal.; and​
3.10 (b) (2) if the purchaser wishes to receive a full refund for the animal, return the animal​
3.11no later than two business days after receipt of a written statement from a veterinarian​
3.12indicating the animal is unfit due to a health problem.​
3.13 (b) With respect to a dead animal the purchaser must provide the pet dealer a written​
3.14statement from a veterinarian, indicating the animal died from a health problem which​
3.15existed on or before the receipt of the animal by the purchaser.​
3.16 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
3.17committed on or after that date.​
3.18 Sec. 4. [325F.7915] SALE OF DOGS AND CATS PROHIBITED.​
3.19 (a) A pet shop must not sell, offer to sell, barter, auction, or otherwise transfer ownership​
3.20of an animal.​
3.21 (b) A pet shop may provide space to a nonprofit humane society, animal control agency,​
3.22or animal rescue and rehoming organization to offer animals for adoption if the society,​
3.23agency, or organization qualifies as a nonprofit organization under section 501(c)(3) of the​
3.24Internal Revenue Code.​
3.25 (c) A pet shop is prohibited from having an ownership interest in an animal offered for​
3.26adoption under paragraph (b) or receiving a fee for providing space for animal adoption.​
3.27 (d) Notwithstanding paragraph (a), a pet shop that sold or offered for sale an animal​
3.28from the pet shop's physical premises for at least one year before the effective date of this​
3.29section and under the same ownership that existed prior to the effective date of this section​
3.30may continue to operate as a pet shop and engage in the sale or offer for sale of animals if:​
3​Sec. 4.​
25-03094 as introduced​02/18/25 REVISOR RSI/VJ​ 4.1 (1) an animal sold or offered for sale by the pet shop on or after the effective date of this​
4.2section is obtained only from a state-licensed or USDA-licensed breeder; and​
4.3 (2) in an advertisement to sell or offer for sale a specific animal, including on the animal's​
4.4display cage or enclosure, the pet shop discloses the breeder's state or USDA license number.​
4.5 (e) Notwithstanding this section, a county, city, town, or township may enact and enforce​
4.6by ordinance stricter regulations regarding the transfer of ownership of animals, including​
4.7a prohibition on selling or offering for sale animals by a pet dealer or other entity.​
4.8 (f) A pet shop that operates as a pet shop pursuant to paragraph (d) that violates this​
4.9section on three separate occasions is prohibited from selling, offering to sell, bartering,​
4.10auctioning, or otherwise transferring ownership of an animal.​
4.11 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
4.12committed on or after that date.​
4.13 Sec. 5. Minnesota Statutes 2024, section 325F.792, subdivision 2, is amended to read:​
4.14 Subd. 2.Civil penalty.(a) A pet dealer who:​
4.15 (1) sells an animal without delivery of the disclosure required in section 325F.791,​
4.16subdivision 1;​
4.17 (2) fails to maintain the records required by section 325F.791, subdivision 2;​
4.18 (3) fails to provide registration papers as provided in section 325F.791, subdivision 3;​
4.19 (4) fails to make or provide payment for the examinations required by section 325F.791,​
4.20subdivision 4;​
4.21 (5) fails to post the notice required by section 325F.791, subdivision 9; or​
4.22 (6) fails to provide the statement of consumer rights required by section 325F.791,​
4.23subdivision 10,​
4.24is subject to a civil fine of up to $1,000 per violation.​
4.25 (b) A pet shop that violates section 325F.7915 is subject to a civil fine of up to $1,000​
4.26per violation. Each transfer of an animal's ownership in violation of section 325F.7915 is​
4.27a separate violation.​
4.28 (b) (c) Civil fines collected under this subdivision shall be collected by the court and​
4.29turned over to the prosecuting attorney.​
4​Sec. 5.​
25-03094 as introduced​02/18/25 REVISOR RSI/VJ​ 5.1 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
5.2committed on or after that date.​
5.3 Sec. 6. SEVERABILITY.​
5.4 If a court of competent jurisdiction holds that any section is unconstitutional or otherwise​
5.5invalid, the invalidity does not affect other sections that can be given effect without the​
5.6invalid provisions or application, and to this end the sections are severable.​
5.7 EFFECTIVE DATE.This section is effective August 1, 2026, and applies to acts​
5.8committed on or after that date.​
5​Sec. 6.​
25-03094 as introduced​02/18/25 REVISOR RSI/VJ​