Virginia 2025 Regular Session

Virginia Senate Bill SB31 Compare Versions

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11 Be it enacted by the General Assembly of Virginia:
22
33 1. That §§3.2-6500 and 58.1-1708 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 3.2-6504.2, 3.2-6504.3, 3.2-6504.4, and 58.1-1707.1 as follows:
44
55 §3.2-6500. Definitions.
66
77 As used in this chapter unless the context requires a different meaning:
88
99 "Abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in § 3.2-6503 for a period of four consecutive days.
1010
1111 "Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
1212
1313 "Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
1414
1515 "Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
1616
1717 "Adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; during hot weather, is properly shaded and does not readily conduct heat; during cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of hay, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. The outdoor tethering of an animal shall not constitute the provision of adequate shelter (a) unless the animal is safe from predators and well suited and well equipped to tolerate its environment; (b) during the effective period for a hurricane warning or tropical storm warning issued for the area by the National Weather Service; or (c)(1) during a heat advisory issued by a local or state authority, (2) when the actual or effective outdoor temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower, or (3) during the effective period for a severe weather warning issued for the area by the National Weather Service, including a winter storm, tornado, or severe thunderstorm warning, unless an animal control officer, having inspected an animal's individual circumstances in clause (c)(1), (2), or (3), has determined the animal to be safe from predators and well suited and well equipped to tolerate its environment.
1818
1919 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means that the tether to which the animal is attached permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness that is configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; is at least 15 feet in length or four times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is greater, except when the animal is being walked on a leash or is attached by a tether to a lead line or when an animal control officer, having inspected an animal's individual circumstances, has determined that in such an individual case, a tether of at least 10 feet or three times the length of the animal, but shorter than 15 feet or four times the length of the animal, makes the animal more safe, more suited, and better equipped to tolerate its environment than a longer tether; does not, by its material, size, or weight or any other characteristic, cause injury or pain to the animal; does not weigh more than one-tenth of the animal's body weight; and does not have weights or other heavy objects attached to it. The walking of an animal on a leash by its owner shall not constitute the tethering of the animal for the purpose of this definition. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. The provisions of this definition that relate to tethering shall not apply to agricultural animals.
2020
2121 "Adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
2222
2323 "Adoption" means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual.
2424
2525 "Agricultural animals" means all livestock and poultry.
2626
2727 "Ambient temperature" means the temperature surrounding the animal.
2828
2929 "Animal" means any nonhuman vertebrate species except fish. For the purposes of §3.2-6522, animal means any species susceptible to rabies. For the purposes of §3.2-6570, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
3030
3131 "Animal control officer" means a person appointed as an animal control officer or deputy animal control officer as provided in § 3.2-6555.
3232
3333 "Boarding establishment" means a place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. "Boarding establishment" shall not include any private residential dwelling that shelters, feeds, and waters fewer than five companion animals not owned by the proprietor.
3434
3535 "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
3636
3737 "Commercial dog breeder" means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring provided that a person who breeds an animal regulated under federal law as a research animal shall not be deemed to be a commercial dog breeder.
3838
3939 "Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. No agricultural animal or game species, or animal actively involved in bona fide scientific or medical experimentation shall be considered a companion animal for the purposes of this chapter.
4040
4141 "Consumer" means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services.
4242
4343 "Dealer" means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person whose primary purpose is to find permanent adoptive homes for companion animals.
4444
4545 "Direct and immediate threat" means any clear and imminent danger to an animal's health, safety or life.
4646
4747 "Dump" means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.
4848
4949 "Emergency veterinary treatment" means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.
5050
5151 "Enclosure" means a structure used to house or restrict animals from running at large.
5252
5353 "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness.
5454
5555 "Exhibitor" means any person who has animals for or on public display, excluding an exhibitor licensed by the U.S. Department of Agriculture.
5656
5757 "Facility" means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept.
5858
5959 "Farming activity" means, consistent with standard animal husbandry practices, the raising, management, and use of agricultural animals to provide food, fiber, or transportation and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes.
6060
6161 "Feral or free-roaming cat" means a cat that is unowned, lost, or abandoned.
6262
6363 "Foster care provider" means a person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization.
6464
6565 "Foster home" means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals.
6666
6767 "Groomer" means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.
6868
6969 "Home-based rescue" means an animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes.
7070
7171 "Humane" means any action taken in consideration of and with the intent to provide for the animal's health and well-being.
7272
7373 "Humane investigator" means a person who has been appointed by a circuit court as a humane investigator as provided in § 3.2-6558.
7474
7575 "Humane society" means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals.
7676
7777 "Incorporated" means organized and maintained as a legal entity in the Commonwealth.
7878
7979 "Inspector" means a State Animal Welfare Inspector employed pursuant to §3.2-5901.1 or his representative.
8080
8181 "Kennel" means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.
8282
8383 "Law-enforcement officer" means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.
8484
8585 "Livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in §3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
8686
8787 "Low-income owner" means an animal owner who is a resident of Virginia and whose gross annual income is no more than 125 percent of the poverty standard accepted by the federal agency designated to establish poverty guidelines.
8888
8989 "Medically unfit" means unsuitable for a surgical procedure due to any medical condition that may place a dog or cat at life-threatening risk if a surgical procedure is performed on such an animal, as determined by a veterinarian.
9090
9191 "New owner" means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.2-6574, and who adopts or receives a dog or cat from a releasing agency.
9292
9393 "Ordinance" means any law, rule, regulation, or ordinance adopted by the governing body of any locality.
9494
9595 "Other officer" includes all other persons employed or elected by the people of Virginia, or by any locality, whose duty it is to preserve the peace, to make arrests, or to enforce the law.
9696
9797 "Owner" means any person, other than a caretaker of a feral or free-roaming cat, who: (i) has a right of property in an animal;, (ii) keeps or harbors an animal;, (iii) has an animal in his care;, or (iv) acts as a custodian of an animal.
9898
9999 "Pet shop" means a retail establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
100100
101101 "Poultry" includes all domestic fowl and game birds raised in captivity.
102102
103103 "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
104104
105105 "Private animal shelter" means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization.
106106
107107 "Properly cleaned" means that carcasses, debris, food waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
108108
109109 "Properly lighted" when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals.
110110
111111 "Properly lighted" when referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.
112112
113113 "Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality.
114114
115115 "Releasing agency" means (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption.
116116
117117 "Research facility" means any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.
118118
119119 "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
120120
121121 "Sore" means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by 9 C.F.R. Part 11.2.
122122
123123 "Sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
124124
125125 "Treasurer" includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city.
126126
127127 "Treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.
128128
129129 "Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.
130130
131131 "Weaned" means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species and has ingested such food, without nursing, for a period of at least five days.
132132
133133 §3.2-6504.2. Companion Animal Surgical Sterilization Fund.
134134
135135 There is hereby created in the state treasury a special nonreverting fund to be known as the Companion Animal Surgical Sterilization Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All pet food surcharges collected under §58.1-1707.1 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of paying the costs of surgical sterilizations of eligible animals and of presurgical examinations and vaccinations of companion animals eligible for surgical sterilization pursuant to §3.2-6504.3. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.
136136
137137 §3.2-6504.3. Companion Animal Surgical Sterilization Program.
138138
139139 A. An animal shall be eligible for surgical sterilization at no or reduced cost to its owner or caretaker if it is (i) a companion animal that is in the possession of a releasing agency or a nonprofit organization, is not owned by an individual, and such animal has not been transferred from a jurisdiction outside Virginia into the Commonwealth; (ii) the companion animal of a low-income owner; or (iii) a feral or free-roaming cat.
140140
141141 B. The Department shall establish and administer the Companion Animal Surgical Sterilization Program (the Program) and shall adopt regulations in support thereof. The Department shall work cooperatively with other agencies of the Commonwealth, including the Department of Social Services and the Department of Health, to facilitate the development of screening procedures for determining the eligibility of low-income owners to participate in the Program. The Department shall screen companion animal owners and caretakers of feral or free-roaming cats for eligibility in the Program, or contract for screening, to promote the ease and convenience of applying for services under the Program. The Department shall promote the Program to inform the public about companion animal overpopulation issues and surgical sterilization. The Department shall prepare and submit to the Governor and the General Assembly no later than April 30 of each year a report that describes and evaluates the Program's performance and impact over the previous year and cumulatively since its inception.
142142
143143 §3.2-6504.4. Participation by veterinarians in the Companion Animal Surgical Sterilization Program.
144144
145145 A. Surgical sterilization services provided pursuant to § 3.2-6504.3 shall be performed only by veterinarians licensed in the Commonwealth.
146146
147147 B. Any veterinarian, releasing agency, or nonprofit organization that provides surgical sterilizations of companion animals is eligible to apply to the Department to participate in the Companion Animal Surgical Sterilization Program (the Program) pursuant to §3.2-6504.3. Each applicant shall submit an application that includes a schedule listing the fees charged for companion animal sterilization in the applicant's normal course of business. In addition to providing a schedule of fees, each releasing agency or nonprofit organization shall provide documentation of its direct and indirect costs of performing surgical sterilization.
148148
149149 C. No participating surgical sterilization provider shall be required to (i) perform a medical procedure on an animal that the provider determines is medically unfit, (ii) provide services to both dogs and cats, or (iii) provide services to feral or free-roaming cats. No participating private veterinarian shall be required to screen applicants for eligibility.
150150
151151 D. On a monthly basis, the Department shall pay from the Companion Animal Surgical Sterilization Fund created in §3.2-6504.2 each participating surgical sterilization provider for those surgical sterilizations, presurgical examinations, and vaccinations that the Department has authorized for reimbursement as follows:
152152
153153 1. A private veterinary surgical sterilization provider shall be entitled to reimbursement under its normal fee schedule, provided that no such fee exceeds an amount that the Department determines is usual, customary, and reasonable. The usual, customary, and reasonable fee limit shall be calculated at the seventieth percentile rate, based upon the Department's review of prevailing fees for similar services charged by peer private veterinary practices in the Commonwealth. The Department may establish rates of compensation for presurgical examinations and for administration of vaccinations in such a manner and at a level that the Department determines is fair and reasonable and shall evaluate and adjust rates of compensation as warranted at two-year intervals.
154154
155155 2. The Department shall establish separate rates of compensation for the reasonable costs of surgical sterilization provided by releasing agencies and nonprofit organizations that are participating surgical sterilization providers. Compensation provided under this section shall not exceed the fee limit established for private veterinary practices. The Department shall evaluate and adjust rates of compensation as warranted at two-year intervals.
156156
157157 E. To receive reimbursement for surgical sterilizations and other approved services, the participating surgical sterilization provider shall submit documentation of authorized services performed as required by the Department. The Department shall not reimburse a provider for any services not authorized for payment.
158158
159159 F. A participating surgical sterilization provider may charge a low-income owner of a dog or cat a copayment that shall not exceed $20 per dog and $10 per cat. No copayment shall be charged for a surgical sterilization performed on a feral or free-roaming cat. Owners of companion animals and caretakers of feral or free-roaming cats are responsible for payment of any additional fees due to the participating surgical sterilization provider that are mutually agreed upon, administered by that provider, and not covered under the Program.
160160
161161 § 58.1-1707.1. Pet food surcharge.
162162
163163 There is hereby levied and imposed upon every person in the Commonwealth engaged in business as a manufacturer, wholesaler, or distributor of pet food products an annual Companion Animal Surgical Sterilization Fund surcharge of $50 for each ton of pet food distributed, to be paid into the state treasury and credited to the Companion Animal Surgical Sterilization Fund as specified in §3.2-6504.2.
164164
165165 §58.1-1708. Products.
166166
167167 Manufacturers, wholesalers, distributors, or retailers of the following products shall be subject to the tax imposed in § 58.1-1707:
168168
169169 1. Food for human or pet consumption;
170170
171171 2. Groceries;
172172
173173 3. Cigarettes and tobacco products;
174174
175175 4. Soft drinks and carbonated waters;
176176
177177 5. Beer and other malt beverages;
178178
179179 6. Wine;
180180
181181 7. Newspapers and magazines;
182182
183183 8. Paper products and household paper;
184184
185185 9. Glass containers;
186186
187187 10. Metal containers;
188188
189189 11. Plastic or fiber containers made of synthetic material;
190190
191191 12. Cleaning agents and toiletries;
192192
193193 13. Nondrug drugstore sundry products;
194194
195195 14. Distilled spirits; and
196196
197197 15. Motor vehicle parts.