HomeMy WebLinkAboutAlbert Sardinas 2.16.21 Attachment 2Office of Program Research
House Committee on Consumer Protection & Business
January 20, 2021
Albert Sardinas
Amended Draft
January 26, 2021
AN ACT relating to consumer protection with respect to the sale of dogs and cats. 1
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 3
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NEW SECTION. Sec. 1. A new section is added to chapter 16.52 RCW to read as follows: 5
1) Except as provided in this section, a retail pet store may not sell or offer for sale any dog or 6
cat. 7
2) A retail pet store that sold or offered dogs for sale as of January 1, 2021, 2022, may sell or offer 8
a dog for sale only if the retail pet store meets all of the following requirements: 9
a) Any dog sold must be physically transferred to the purchaser only at the address 10
identified as the location address on the retail pet store's business license, as defined in 11
RCW 19.02.020, as of January 1, 2021; 12
b) Any dog sold or offered for sale must be obtained directly from a breeder who, on the 13
date the dog is obtained, is licensed by the United States department of agriculture 14
pursuant to the federal animal welfare act (Title 7 U.S.C. Sec. 2131 et. Seq.); 15
c) All dogs sold or offered for sale by a retail pet store must be obtained directly from a 16
breeder who, whether located in-state or out-of-state, has maintained compliance with 17
RCW 16.52.310 throughout the three-year period ending on the date each dog was 18
obtained from the breeder; 19
d) A retail pet store must, prior to obtaining a dog, obtain all inspection reports for the 20
breeder created by the United States department of agriculture within the previous 21
three two years. A retail pet store must maintain and, upon request by state or local 22
regulators, produce the records for a period of five years following the sale of a dog. 23
obtained from the breeder The preceding also must be provided to the customer prior 24
to purchase; and 25
e) A retail pet store must disclose the full name and United States department of 26
agriculture license number of the breeder from which the dog was obtained by posting 27
the information prominently on the cage or enclosure of each dog offered for sale and 28
on any advertisement for the sale of a dog, whether the advertisement appears on the 29
internet or in any other form, forum, or media. 30
f) Any dog sold must be obtained from either a USDA-licensed Class A breeder, a Class B 31
broker, or a USDA-exempted breeder who resides in WA. No pet dealer shall obtain or 32
be in possession of animals intended for sale originating from a breeder or a broker that 33
has received: 34
i) A direct or critical violation from the USDA within the past two years; 35
ii) A "no access" violation on their two most recent USDA inspection reports; 36
iii) Three or more indirect or non-critical violations, other than "no access" violations on 1
any USDA inspection reports within the past two years; 2
iv) One or more recurring indirect or non-critical violations on any USDA inspection 3
report within the past two years. 4
3) Local animal care and control agencies as defined in RCW 16.52.011 are responsible for 5
enforcement of this section. A retail pet store that violates this section is subject to a class 1 6
civil infraction under RCW 7.80.120, for its first violation. Second and subsequent violations 7
by a retail pet store are subject to a monetary penalty of five hundred dollars. Any retail pet 8
store with three or more violations is prohibited from selling or offering to sell any dogs. 9
Each dog or cat offered for sale or sold by a retail pet store in violation of this section 10
constitutes a separate violation. (How to word that each inspection visit is a violation and 11
not each animal? Also, do we need to write in an appeals process? I am concerned that 12
regulator could levy unfounded violations.) 13
4) For the purposes of this section, "retail pet store" means a for-profit place of business that 14
sells or offers for sale pet supplies or pets. A person who offers for sale, directly to the 15
public, only animals that the person bred and raised, is not considered a "retail pet store." 16
5) The regulation of pet retail stores is a matter of statewide concern. Any local law, rule, 17
regulation, or ordinance that imposes requirements or penalties on pet retail stores above 18
the requirements of this section is preempted. No local law, rule, regulation, or ordinance 19
may not directly or indirectly prohibit or be applied to prohibit the sale of dogs by a retail 20
pet store, expressly or in effect, based on the source from which the animal is obtained if 21
obtained in compliance with this section. 22
6) For the purposes of this section, the Animal Welfare Act (AWA) definition of a retail pet 23
store is used. A retail pet store is a place of business or residence at which the seller, buyer, 24
and the animal available for sale are physically present so that every buyer may personally 25
observe the animal prior to purchasing and/or taking custody of that animal after purchase. 26
Under the AWA, retail pet stores are not required to be licensed and inspected by the 27
USDA. 28
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Sec. 2. RCW 16.52.310 and 2009 c 286 s 2 are each amended to read as follows: 1
1) A person may not own, possess, control, or otherwise have charge or custody of more than 2
fifty dogs with intact sexual organs over the age of six months at any time. 3
2) Any person who owns, possesses, controls, or otherwise has charge or custody of more 4
than ten dogs with intact sexual organs over the age of six months and keeps the dogs in an 5
enclosure for the majority of the day must at a minimum: 6
a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. The dog 7
must be able to lie down while fully extended without the dog's head, tail, legs, face, or 8
feet touching any side of an enclosure and without touching any other dog in the 9
enclosure when all dogs are lying down simultaneously. The interior height of the 10
enclosure must be at least six inches higher than the head of the tallest dog in the 11
enclosure when it is in a normal standing position. Each enclosure must be at least three 12
times the length and width of the longest dog in the enclosure, from tip of nose to base 13
of tail and shoulder blade to shoulder blade. 14
b) Provide each dog that is over the age of four months with a minimum of one exercise 15
period during each day for a total of not less than one hour of exercise during such day. 16
Such exercise must include either leash walking or giving the dog access to an enclosure 17
at least four times the size of the minimum allowable enclosure specified in (a) of this 18
subsection allowing the dog free mobility for the entire exercise period, but may not 19
include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a 20
doctor of veterinary medicine. The exercise requirements in this subsection do not apply 21
to a dog certified by a doctor of veterinary medicine as being medically precluded from 22
exercise. 23
c) Maintain adequate housing facilities and primary enclosures that meet the following 24
requirements at a minimum: 25
i) Housing facilities and primary enclosures must be kept in a sanitary condition. 26
Housing facilities where dogs are kept must be sufficiently ventilated at all times to 27
minimize odors, drafts, ammonia levels, and to prevent moisture condensation. 28
Housing facilities must have a means of fire suppression, such as functioning fire 29
extinguishers, on the premises and must have sufficient lighting to allow for 30
observation of the dogs at any time of day or night; 31
ii) Housing facilities must enable all dogs to remain dry and clean; 32
iii) Housing facilities must provide shelter and protection from extreme temperatures 33
and weather conditions that may be uncomfortable or hazardous to the dogs; 34
iv) Housing facilities must provide sufficient shade to shelter all the dogs housed in the 35
primary enclosure at one time; 36
v) A primary enclosure must have floors that are constructed in a manner that protects 37
the dogs' feet and legs from injury; 38
vi) Primary enclosures must be placed no higher than forty-two inches above the floor 39
and may not be placed over or stacked on top of another cage or primary enclosure; 40
vii) Feces, hair, dirt, debris, and food waste must be removed from primary enclosures 41
at least daily or more often if necessary to prevent accumulation and to reduce 42
disease hazards, insects, pests, and odors; and 43
viii) All dogs in the same enclosure at the same time must be compatible, as determined 1
by observation. Animals with a vicious or aggressive disposition must never be 2
placed in an enclosure with another animal, except for breeding purposes. Breeding 3
females in heat may not be in the same enclosure at the same time with sexually 4
mature males, except for breeding purposes. Breeding females and their litters may 5
not be in the same enclosure at the same time with other adult dogs. Puppies under 6
twelve weeks may not be in the same enclosure at the same time with other adult 7
dogs, other than the dam or foster dam unless under immediate supervision. 8
d) Provide dogs with easy and convenient access to adequate amounts of clean food and 9
water. Food and water receptacles must be regularly cleaned and sanitized. All 10
enclosures must contain potable water that is not frozen, is substantially free from 11
debris, and is readily accessible to all dogs in the enclosure at all times. 12
e) Provide veterinary care without delay when necessary. A dog may not be bred if a 13
veterinarian determines that the animal is unfit for breeding purposes. Only dogs 14
between the ages of twelve months and eight years of age may be used for breeding. 15
Animals requiring euthanasia must be euthanized only by a licensed veterinarian. 16
3) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. 17
4) This section does not apply to the following: 18
a) A publicly operated animal control facility or animal shelter; 19
b) A private, charitable not-for-profit humane society or animal adoption organization; 20
c) A veterinary facility; 21
d) A retail pet store; 22
e) A research institution; 23
f) A boarding facility; or 24
g) A grooming facility. 25
5) Subsection (1) of this section does not apply to a commercial dog breeder licensed, before 26
January 1, 2010, by the United States department of agriculture pursuant to the federal 27
animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.) that has maintained the license without 28
interruption since January 1, 2010. 29
6) For the purposes of this section, the following definitions apply, unless the context clearly 30
requires otherwise: 31
a) "Dog" means any member of Canis lupus familiaris; and 32
b) "Retail pet store" means a commercial establishment that engages in a for-profit 33
business of selling at retail cats, dogs, or other animals to be kept as household pets and 34
is regulated by the United States department of agriculture. (All of this is an amendment 35
to existing RCW 16.52.310, Dog breeding—Limit on the number of dogs—Required 36
conditions—Penalty—Limitation of section—Definitions. This is a separate issue and not 37
germane to the bill. This should not be included in this bill. 38