OREGON PASSES BILL IMPACTING DOG DEALERS & PET STORES **POSSESSION LIMITED TO 50 DOGS**
The Issue.
Legislation has been enacted in Oregon impacting dog breeders, pet stores and anyone who qualifies as a pet breeder. Persons are now prohibited from having more than 50 adult intact dogs at a time, and anyone purchasing a dog in the state is entitled to warranty terms.
The Impact. Limits With the enactment of House Bill 2470, possessing, controlling or having charge of 50 intact dogs over the age of two years is now prohibited. Furthermore, any person in possession or control of at least 10 sexually intact dogs at least eight months of age are subject to specific care requirements, including: Providing sufficient space for dogs; Providing enclosures meeting certain restrictions, including solid flooring; Maintaining detailed records for each dog;
Warranty Law When selling a dog, a pet dealer is required to provide information about the origin of the animal, registration information, and health information, as detailed by the bill. A pet dealer is defined as anyone selling five or more litters of dogs during any one-year period Warranties for dog purchasers are also now in place. Anyone who buys a dog which a veterinarian certifies within 15 days of sale to have an illness or condition adversely affecting its health, or to have died from such a condition that existed at the time of sale, is entitled to an exchange or refund for the animal, or reimbursements for veterinary fees incurred attempting to treat the animal. The warranty would also apply to congenital conditions that are certified by a veterinarian within a year after the buyer acquires the dog. Also, pet stores are now required to provide customers with information about the origin of a dog, identifying information, a list of all medical treatment, any congenital disorder or hereditary disease of the dogs parents, registration information, and a statement indicating the number of litters born in the facility in which the dog was born.
2009 OR H 2470 AUTHOR: Holvey VERSION: Enacted VERSION DATE: 06/17/2009 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session Enrolled House Bill 2470 Sponsored by Representatives HOLVEY, GELSER, Senators COURTNEY, WALKER; Representatives BUCKLEY, COWAN, GALIZIO, MATTHEWS, SCHAUFLER, WITT, Senators DEVLIN, PROZANSKI
AN ACT Relating to dogs. Whereas the large scale commercial breeding of dogs may result in cruelty to the dogs; and Whereas the large scale commercial breeding of dogs is often conducted under conditions that inflict long-term suffering on the dogs; and Whereas the large scale commercial breeding of dogs may lead to the sale of unhealthy dogs to unsuspecting consumers; and Whereas the large scale commercial breeding of dogs contributes to pet overpopulation; now, therefore, Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) 'Boarding kennel' means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.
(b) 'Dog' means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.
(c) 'Litter' means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(2) A person may not possess, control or otherwise have charge of at the same time more than 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age.
(3) A person that possesses, controls or otherwise has charge of 50 or more sexually intact dogs that are eight months of age or older shall maintain a record for each of those dogs that identifies:
(a) The date of birth for the dog or, if the date of birth is unknown, the date the person acquired possession, control or charge of the dog and the source of the dog;
(b) The dates on which the dog has been bred;
(c) For a female, the number of dogs in each litter produced; and
(d) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.
(4) A person shall retain a record required under subsection (3) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.
(5) Subsections (2) to (4) of this section do not apply to:
(a) An animal control agency, humane society or animal shelter;
(b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;
(c) A veterinary facility;
(d) A person that is transporting dogs; or
(e) A boarding kennel.
(6) A violation of this section is a Class B misdemeanor. However, a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation. SECTION 2. (1) As used in this section:
(a) 'Boarding kennel' means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.
(b) 'Dog' means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.
(c) 'Litter' means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(d) 'Regular exercise' means the removal of the dog from the dog's primary enclosure and:
(A) Walking the dog on a leash;
(B) Allowing the dog to move about freely within a building or an outdoor space at least one hour per day; or
(C) Allowing the dog to walk on a treadmill, jenny mill, slat mill or similar device, if use of the device is prescribed for the dog by a veterinarian to accommodate a specific medical condition. (2) A person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care as defined in ORS 167.310:
(a) Provide each dog with sufficient space to turn about freely, stand and sit and to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog.
(b) Provide each dog with an enclosure that:
(A) Has a solid floor without slats or gaps;
(B) Is six inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position;
(C) If elevated above the floor of a room, is placed so that the floor of the enclosure is no more than 42 inches above the floor of the room; and
(D) Is not stacked or otherwise placed above or below any other dog enclosure.
(c) Provide each dog that is more than four months of age with at least one hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise.
(d) Remove waste and contaminants from the enclosure at least once each day.
(e) Remove the dog from the enclosure when cleaning the enclosure of waste and contaminants.
(f) Maintain a record for each sexually intact dog that is eight months of age or older that identifies:
(A) The date of birth for the dog or, if the date of birth is unknown, the date on which the person acquired possession, control or charge of the dog and the source of the dog;
(B) Any veterinary care provided for the dog; and
(C) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.
(3) A person shall retain a record required under subsection (2) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.
(4) Subsections (2) and (3) of this section do not apply to:
(a) An animal control agency, humane society or animal shelter;
(b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;
(c) A veterinary facility;
(d) A person that is transporting dogs; or
(e) A boarding kennel.
(5) A violation of this section is a Class B misdemeanor.
SECTION 3. (1) As used in this section, 'dog' means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.
(2) A person that possesses, controls or otherwise has charge of at the same time 75 or more dogs shall have one or more individuals on site for at least eight hours each day to care for the dogs. The ratio between dogs and on-site individuals may not be more than 75 dogs to one individual.
SECTION 4. (1) As used in this section:
(a) 'Litter' means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(b) 'Pet dealer' means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs during a one-year period.
(c) 'Pet dealer' does not mean an animal control agency, humane society or animal shelter.
(2) Except as otherwise provided in this section, a pet dealer shall provide the purchaser of a dog that complies with subsection (3) of this section with a full refund of the purchase price for the dog if:
(a) No later than 15 days after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog is diseased; or
(b) No later than one year after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog has a congenital disorder that significantly limits the dog's quality of life.
(3) To qualify for a refund under this section, the purchaser, no later than four business days after the veterinary examination that revealed the disease or disorder, must:
(a) Return the dog to the pet dealer;
(b) Provide the pet dealer with a dated written statement by the examining veterinarian that the dog has a disease or has a congenital defect; and
(c) Provide the pet dealer with proof of the sale, including but not limited to, the date of sale.
(4) Upon mutual agreement of the purchaser and pet dealer, the purchaser may accept a replacement dog instead of a refund.
(5) A purchaser that complies with subsection (2) of this section may, instead of obtaining a refund, require that the pet dealer reimburse the purchaser for the cost of veterinary care provided in connection with the disease or congenital disorder described in subsection (2) of this section. The duty of the pet dealer to reimburse the purchaser for the cost of veterinary care shall be limited to the purchase price of the dog. A purchaser that agrees to accept reimbursement under this subsection waives any other claim against the pet dealer for reimbursement of the cost of veterinary care for the dog.
(6) Notwithstanding subsections (1) to (5) of this section, a pet dealer is not required to refund the< purchase price for a dog, provide a replacement dog or reimburse the purchaser for veterinary care if the pet dealer:
(a) At the time of sale made a clear and conspicuous disclosure in writing, initialed or signed by the purchaser, that disclosed the disease or disorder; or
(b) Had the dog examined by a veterinarian not more than 14 days prior to the date of sale and the examination did not disclose the disease or congenital disorder.
SECTION 5. (1) As used in this section:
(a) 'Dog' means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.
(b) 'Litter' means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(c) 'Retail pet store' means a retail establishment open to the public that sells or offers to sell dogs.
(d) 'Retail pet store' does not mean a person that sells or offers to sell only dogs:
(A) That were bred or raised by the person; or
(B) That are kept primarily for the purpose of reproduction.
(2) A retail pet store that offers a dog for sale shall, prior to accepting an offer to purchase the dog, provide the person making the offer with the following information, in writing, regarding the dog:
(a) If known, the breed, age and date of birth for the dog.
(b) The sex and color of the dog.
(c) A list, and accompanying proof, of all inoculations that have been given to the dog by any person, and the date of those inoculations.
(d) A list of all medical treatment provided to the dog by any person, the date or treatment and the reasons for the treatment.
(e) The name and business address of the breeder and of the facility where the dog was born.
(f) If the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number.
(g) The retail price of the dog.
(h) Any congenital disorder or hereditary diseases in the parents of the dog known to the pet dealer.
(i) If the dog is being sold with the representation that the dog qualifies for registration with a pedigree organization:
(A) The name and registration numbers of the parents of the dog; and
(B) The name and address of the pedigree organization with which the parents of the dog are registered.
(j) If the dog has previously been sold by the retail pet store and returned by the purchaser, the reason for the return.
(k) A statement in substantially the following form, with the applicable provision number circled: The facility in which this dog was born has produced:
1. 0 to 2 litters during the one-year period preceding the day this dog was born.
2. 3 to 10 litters during the one-year period preceding the day this dog was born.
3. 11 to 39 litters during the one-year period preceding the day this dog was born.
4. 40 or more litters during the one-year period preceding the day this dog was born.
SECTION 6. (1) Section 1 (3) of this 2009 Act applies to records of events occurring on or after the effective date of this 2009 Act.
(2) Section 2 (2)(f) of this 2009 Act applies to records of events occurring on or after the effective date of this 2009 Act.
(3) Section 4 of this 2009 Act applies to dogs sold by a pet dealer on or after the effective date of this 2009 Act.
(4) Section 5 of this 2009 Act applies to dogs acquired by a retail pet store on or after the effective date of this 2009 Act.