HB0281In Committee

Amends TCA Title 44, Chapter 17 and Title 47.

This bill requires retail pet stores to provide certain information to consumers in connection with purchases of dogs, prohibits retail pet stores from sourcing dogs from breeders that have committed certain violations, and creates a Class C misdemeanor offense for certain violations regarding sourcing or selling dogs, as described below.<br /> <br /> This bill requires an owner or employee of the retail pet store to provide a dog purchaser with a signed, written notice listing the following:<br /> <br /> (1) A statement that an owner or employee of a retail pet store is prohibited from selling, delivering, bartering, auctioning, brokering, giving away, or transferring a dog: <br /> (A) That is less than eight weeks old; <br /> (B) Without a valid pet health inspection certificate signed by a veterinarian, including records of the dog's medication and immunization;<br /> (C) Without a permanent implanted identification microchip; <br /> (D) To a person who is younger than 18 years of age as verified by valid photo identification; or <br /> (E) Acquired from anyone listed as an animal abuser under the Tennessee Animal Abuser Registration Act;<br /> (2) The name and address, if known, of the breeder that bred the dog;<br /> (3) The United States department of agriculture license number of the breeder that bred the dog, if applicable, and a copy of the most current unredacted United States department of agriculture inspection report for the breeder;<br /> (4) A description of the dog, including breed, sex, and color, if known; <br /> (5) The date the retail pet store took possession of the dog;<br /> (6) The date of sale; <br /> (7) The name, address, and telephone number of the purchaser; and <br /> (8) The sale price of the dog.<br /> <br /> A retail pet store must maintain a copy of the written notice for at least two years from the date of sale and make the notice available for inspection by the local animal control agency.<br /> <br /> This bill prohibits a retail pet store from obtaining a dog for retail sale from a breeder that has either been issued a final determined report of a direct noncompliance violation by the United States department of agriculture under the federal Animal Welfare Act within the previous two years or has had three or more finally determined reports of noncompliance documented in any report issued by the department under the Act within the previous year.<br /> <br /> This bill makes it a Class C misdemeanor for any retail pet store that sells dogs and has obtained a local business license in the municipality in which it operates to engage in any of the prohibited activities listed above in (1)(A), (1)(B), and (1)(E) or to violate the prohibition against obtaining companion animals for retail sale from breeders with reported noncompliance with the federal Animal Welfare Act, as described above. This misdemeanor will be punishable by fine only, as follows: <br /> <br /> (1) For a first offense, a fine of not more than $1,000;<br /> (2) For a second offense committed within 12 months of the first offense, a fine of not more than $2,000; and<br /> (3) For a third or subsequent offense committed within 12 months of the first offense, a fine of not more than $5,000.<br /> <br /> This bill states that it preempts any local ordinance or resolution adopted to regulate the sale, delivery, barter, auction, broker, or transfer of a dog to a person from a retail pet store. This bill prohibits any county or municipality from adopting an ordinance or resolution that regulates or prohibits any conduct in the area covered by this bill.<br /> <br />

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Overview

This bill requires retail pet stores to provide certain information to consumers in connection with purchases of dogs, prohibits retail pet stores from sourcing dogs from breeders that have committed certain violations, and creates a Class C misdemeanor offense for certain violations regarding sourcing or selling dogs, as described below.<br /> <br /> This bill requires an owner or employee of the retail pet store to provide a dog purchaser with a signed, written notice listing the following:<br /> <br /> (1) A statement that an owner or employee of a retail pet store is prohibited from selling, delivering, bartering, auctioning, brokering, giving away, or transferring a dog: <br /> (A) That is less than eight weeks old; <br /> (B) Without a valid pet health inspection certificate signed by a veterinarian, including records of the dog's medication and immunization;<br /> (C) Without a permanent implanted identification microchip; <br /> (D) To a person who is younger than 18 years of age as verified by valid photo identification; or <br /> (E) Acquired from anyone listed as an animal abuser under the Tennessee Animal Abuser Registration Act;<br /> (2) The name and address, if known, of the breeder that bred the dog;<br /> (3) The United States department of agriculture license number of the breeder that bred the dog, if applicable, and a copy of the most current unredacted United States department of agriculture inspection report for the breeder;<br /> (4) A description of the dog, including breed, sex, and color, if known; <br /> (5) The date the retail pet store took possession of the dog;<br /> (6) The date of sale; <br /> (7) The name, address, and telephone number of the purchaser; and <br /> (8) The sale price of the dog.<br /> <br /> A retail pet store must maintain a copy of the written notice for at least two years from the date of sale and make the notice available for inspection by the local animal control agency.<br /> <br /> This bill prohibits a retail pet store from obtaining a dog for retail sale from a breeder that has either been issued a final determined report of a direct noncompliance violation by the United States department of agriculture under the federal Animal Welfare Act within the previous two years or has had three or more finally determined reports of noncompliance documented in any report issued by the department under the Act within the previous year.<br /> <br /> This bill makes it a Class C misdemeanor for any retail pet store that sells dogs and has obtained a local business license in the municipality in which it operates to engage in any of the prohibited activities listed above in (1)(A), (1)(B), and (1)(E) or to violate the prohibition against obtaining companion animals for retail sale from breeders with reported noncompliance with the federal Animal Welfare Act, as described above. This misdemeanor will be punishable by fine only, as follows: <br /> <br /> (1) For a first offense, a fine of not more than $1,000;<br /> (2) For a second offense committed within 12 months of the first offense, a fine of not more than $2,000; and<br /> (3) For a third or subsequent offense committed within 12 months of the first offense, a fine of not more than $5,000.<br /> <br /> This bill states that it preempts any local ordinance or resolution adopted to regulate the sale, delivery, barter, auction, broker, or transfer of a dog to a person from a retail pet store. This bill prohibits any county or municipality from adopting an ordinance or resolution that regulates or prohibits any conduct in the area covered by this bill.<br /> <br />

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Sponsor

Marsh, Pat

Details
Session

111th General Assembly

Introduced

January 29, 2019

Last Action

March 19, 2019

Taken off notice for cal in s/c Cities & Counties Subcommittee of Local Committee

Subjects
PetsConsumer ProtectionCommerce and Insurance, Dept. of

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