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S.F. No. 36 - Dog and Cat Breeders (Second Engrossment )
 
Author: Senator John Marty
 
Prepared By:
 
Date: March 16, 2014



 

Section 1 [Animal premises data] classifies data collected from dog and cat breeders by the Board of Animal Health as private or nonpublic under the Data Practices Act.  This will make the data not public, but accessible to the individual subject of the data.

Section 2 [Definitions] defines “animal” (dog or cat), “board” (Board of Animal Health), “cat,” “commercial breeder” (ten or more adult intact animals that produce more than five litters per year), “confinement area,” “dog,” “facility,” “local animal control authority,” “person,” “possess,” and “veterinarian” for the purposes of dog and cat breeder licensing and regulations.

Section 3 [Licensing and Inspections]

            Subdivision 1 [Licensing] requires licensing for commercial breeders beginning July 1, 2015.  The initial prelicense inspection and annual license fee is $10 per adult, intact animal up to $250.  The board must conduct a prelicense inspection of the commercial breeder’s facility within 60 days of a license application.  The application must include a statement on whether the applicant has ever had a breeder license suspended, revoked, or denied; and whether the applicant has been convicted of animal cruelty.  A license holder must annually report to the Board of Animal health and renew the license.  The Board of Animal Health shall refuse an initial license for a commercial breeder who:

  1. has violated animal protection laws;
  2. has failed to meet the standards of care in this act;
  3. is in violation of local ordinances regarding breeders;
  4. has been convicted of animal cruelty under any jurisdiction;
  5. has been denied a similar license or had a similar license revoked by another jurisdiction; or
  6. has falsified material information to the board.

            Subdivision 2 [Inspections] requires annual inspections by the Board of Animal Health.  If no violations are found after the first two years of annual inspections for a commercial breeder, the board may conduct inspections every two years. If a violation is found, the inspections must be on an annual basis.

            Subdivision 3 [Record requirements] requires a commercial breeder to keep identifying records for each animal for two years.

            Subdivision 4 [Veterinary protocol] requires commercial breeders to have a written protocol for disease control and prevention, euthanasia, and veterinary care.  The protocol must be updated at least every 12 months.  This section also requires that animals sold by the commercial breeder must be accompanied by a veterinary health certificate.

            Subdivision 5 [Posting of information] directs the Board of Animal Health to post the licensed breeders on their Web site.

Section 4 [Standards of  care] provides specific standards of care for a commercial breeder that are in addition to existing animal welfare laws.  The standards of care address:

  1. prohibiting outdoor confinement for cats;
  2. compatible groups for exercise;
  3. females in estrus;
  4. positive contact with human beings;
  5. minimum of eight weeks old before sale;
  6. identification and animal tracking; and
  7. adequate staffing

This section also prohibits a commercial breeder from knowingly hiring staff or contractors that have been convicted of animal cruelty, and allows existing confinement areas by a United States Department of Agriculture licensed breeder that do not meet Minnesota statutory standards to be used.

Section 5 [Investigations] requires the Board on Animal Health to conduct inspections after receiving a complaint about a violation of the commercial breeder licensing or standards of care.  This section also directs a local animal control authority, peace officer, or humane agent to make a timely report to the board of violations by a commercial breeder.

Section 6 [Civil Enforcement]

            Subdivision 1 [Correction orders] allows the Board of Animal Health to issue correction orders for violations by a commercial breeder.  Commercial breeders may request that the board reconsider any portion of a correction order.  The board must respond to the request for reconsideration within 15 days of receipt.  The board shall inspect the facility within 15 days after the time for correcting the violation.

            Subdivision 2 [Administrative penalty orders] authorizes the Board of Animal Health to issue an administrative penalty order for up to $5,000 for violations found after the inspection following a correction order.

            Subdivision 3 [Injunctive relief] allows the Board of Animal Health to bring an injunctive action against a commercial breeder.

            Subdivision 4 [Cease and desist] allows the Board of Animal Health to issue a 72-hour cease and desist order for a practice that would result in immediate risk to animal welfare or public health.

            Subdivision 5 [Refusal to reissue license; license suspension or revocation] allows the Board of Animal Health to suspend, revoke, or refuse to renew a license for a commercial breeder for:

  1. failure to comply with a correction order;
  2. failure to pay an administrative penalty;
  3. failure to meet licensing and standards of care provisions; or
  4. falsifying information to the board.

Actions by the Board of Animal Health under this subdivision may be appealed to the Office of Administrative Hearings.

            Subdivision 6 [Administrative hearing rights] provides for notice by the Board of Animal Health when the board refuses to renew, suspend, or revoke a commercial breeder’s license.  This subdivision also provides for the appeal of the amount of an administrative penalty order.

            Subdivision 7 [Other jurisdictions] allows the Board of Animal Health to use enforcement actions by another jurisdiction as prima facie evidence.

            Subdivision 8 [Appeals] clarifies that orders of the Board of Animal Health may be appealed to the Minnesota Court of Appeals.

Section 7 [Biosecurity] provides that persons enforcing laws on commercial breeding facilities must follow biosecurity protocols, either issued by the Board of Animal Health or maintained by the commercial breeder.

Section 8 [Penalties] provides that violations by a commercial breeder relating to cruelty or torture are subject to those penalties under existing law.  Other violations relating to falsifying information, unlicensed breeder advertising animals for sale, and operating without a license are misdemeanors.

Section 9 [Licensing account; appropriation] establishes the dog and cat breeders licensing account for the deposit of license fees and penalties, and provides a statutory appropriation from the account to the Board of Animal Health.

Section 10 [Applicability] clarifies that the dog and cat breeder provisions do not apply to other species and veterinary clinics and hospitals.

Section 11 [Commercial breeder excellence] directs the Board of Animal Health to develop a commercial breeder excellence program.

Section 12 [Initial licensing] provides for initial licensing and inspections for commercial breeders.

Section 13 [Appropriations; Board of Animal Health] appropriates $310,000 in FY 2015 from the general fund to the Board of Animal Health for dog and cat breeders licensing.  $426,00 is added to agency base budget.

Section 14 [Effective date] makes sections 1 to 13 effective on July 1, 2014.

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