Amends TCA Title 62.
This bill requires certain persons to register as commercial dog breeders, creates inspection requirements, and creates a criminal offense as described below. Under this bill, any person who, during a 12-month period, possesses or maintains 10 or more female adult dogs that are capable of breeding in this state at one time for the primary purpose of selling their offspring as household pets must register with the department of commerce and insurance as a commercial dog breeder. The following persons will be ineligible for registration as a commercial breeder: (1) Any person who exercises control over, or maintains an interest in, a public or private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to dogs, or other similar entity or home-based rescue operation that releases companion dogs for adoption. This prohibition also applies to any applicant in whom a person who has a disqualifying degree of control or interest also has a financial interest; (2) Any person who has been convicted of, or pled "no contest" to, animal cruelty or neglect; and (3) Minors. Applications for registration must include: (1) The applicant's Class A or Class B animal dealer's license number issued by the United States department of agriculture pursuant to the Animal Welfare Act or a letter of determination issued by the United States department of agriculture stating that the applicant is not required to hold either license; (2) Documentation signed by a veterinarian evidencing that the applicant provides a program of veterinary care; and (3) Information required by the commissioner. This bill authorizes the department to conduct site inspections prior to issuing a registration. Registrations will expire two years from the date of the initial registration or renewal date of an existing registration, and registrations will not be transferrable. The commissioner will set fees and promulgate rules for the commercial dog breeder program. The department will conduct inspections biennially, upon the department's receipt of a credible complaint, or more frequently at the commissioner's discretion. The inspections must be: (1) Conducted during business hours; and (2) Limited in scope to the items listed in an inspection checklist that the department will publish on its website. The commissioner may revoke a registration for any of the following reasons: (1) A conviction of, or plea of "no contest" to, a violation of this bill; (2) A violation of the rules promulgated under this bill; or (3) A conviction of, or plea of guilty or "no contest" to, charges for animal cruelty or neglect. Any person whose registration has been revoked, and any family member residing with a person whose registration has been revoked, will be prohibited from operating as a commercial dog breeder. This bill states that it does not cover the field of regulation of commercial dog breeding and local governments may enact more stringent requirements. This bill prohibits a registrant from using any location for the purpose of commercial dog breeding without first notifying the commissioner. A person who knowingly engages in the business of commercial dog breeding without being registered will be punished criminally, with a violation being a Class A misdemeanor, punishable by fine only. This bill will take effect upon becoming a law for rulemaking purposes and on January 1, 2022, for all other purposes.
This bill requires certain persons to register as commercial dog breeders, creates inspection requirements, and creates a criminal offense as described below. Under this bill, any person who, during a 12-month period, possesses or maintains 10 or more female adult dogs that are capable of breeding in this state at one time for the primary purpose of selling their offspring as household pets must register with the department of commerce and insurance as a commercial dog breeder. The following persons will be ineligible for registration as a commercial breeder: (1) Any person who exercises control over, or maintains an interest in, a public or private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to dogs, or other similar entity or home-based rescue operation that releases companion dogs for adoption. This prohibition also applies to any applicant in whom a person who has a disqualifying degree of control or interest also has a financial interest; (2) Any person who has been convicted of, or pled "no contest" to, animal cruelty or neglect; and (3) Minors. Applications for registration must include: (1) The applicant's Class A or Class B animal dealer's license number issued by the United States department of agriculture pursuant to the Animal Welfare Act or a letter of determination issued by the United States department of agriculture stating that the applicant is not required to hold either license; (2) Documentation signed by a veterinarian evidencing that the applicant provides a program of veterinary care; and (3) Information required by the commissioner. This bill authorizes the department to conduct site inspections prior to issuing a registration. Registrations will expire two years from the date of the initial registration or renewal date of an existing registration, and registrations will not be transferrable. The commissioner will set fees and promulgate rules for the commercial dog breeder program. The department will conduct inspections biennially, upon the department's receipt of a credible complaint, or more frequently at the commissioner's discretion. The inspections must be: (1) Conducted during business hours; and (2) Limited in scope to the items listed in an inspection checklist that the department will publish on its website. The commissioner may revoke a registration for any of the following reasons: (1) A conviction of, or plea of "no contest" to, a violation of this bill; (2) A violation of the rules promulgated under this bill; or (3) A conviction of, or plea of guilty or "no contest" to, charges for animal cruelty or neglect. Any person whose registration has been revoked, and any family member residing with a person whose registration has been revoked, will be prohibited from operating as a commercial dog breeder. This bill states that it does not cover the field of regulation of commercial dog breeding and local governments may enact more stringent requirements. This bill prohibits a registrant from using any location for the purpose of commercial dog breeding without first notifying the commissioner. A person who knowingly engages in the business of commercial dog breeding without being registered will be punished criminally, with a violation being a Class A misdemeanor, punishable by fine only. This bill will take effect upon becoming a law for rulemaking purposes and on January 1, 2022, for all other purposes.
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