HB-5916, As Passed Senate, December 13, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5916

A bill to amend 1969 PA 287, entitled

"An act to regulate pet shops, animal control shelters, and animal

protection shelters; to establish uniform procedures and minimum

requirements for adoption of dogs, cats, and ferrets; and to

prescribe penalties and civil fines and to provide remedies,"

by amending section 5a (MCL 287.335a), as amended by 2016 PA 392,

and by adding section 5b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5a. (1) A person ~~who~~ that operates a pet shop shall not

import or cause to be imported into this state a dog or cat that is

less than 8 weeks old. A person ~~who~~ that operates an animal control

shelter or an animal protection shelter shall not import or cause

to be imported into this state a dog or cat that is less than 8

weeks old unless the dog or cat is imported with its dam. A large-

scale dog breeding kennel shall not import or cause to be imported

into this state a dog that is less than 8 weeks old unless the dog

is imported with its dam.

(2) A person ~~who~~ that operates a pet shop shall not sell,

exchange, transfer, or offer for sale, exchange, or transfer a ~~dog~~

or cat that is less than 8 weeks old. A large-scale dog breeding

kennel shall not sell, exchange, or transfer a dog that is less

than 8 weeks old.

(3) A person that operates a pet shop, an animal control

shelter, an animal protection shelter, or a large-scale dog

breeding kennel shall not import or cause to be imported into this

state, or sell, adopt, exchange, or transfer, or offer for sale,

adoption, exchange, or transfer a dog, unless all of the following

are satisfied before the dog's entry into this state:

(a) The dog has been vaccinated against distemper, parvovirus,

and canine adenovirus-2. The dog shall also be vaccinated against

rabies and leptospirosis if the dog is 12 weeks of age or older. If

a dog requires a rabies vaccine ~~is required~~ under this subdivision,

an accredited veterinarian shall administer the vaccine. ~~shall be~~

~~administered by an accredited veterinarian.~~ A person operating a

pet shop or a large-scale dog breeding kennel shall ensure that

vaccinations other than the rabies vaccination are administered not

less than 7 days before the dog's entry into this state. The

director may require vaccinations against other diseases not

specified in this subdivision.

(b) If indicated, the dog has been treated for external and

internal parasites so that the dog is not capable of spreading

external or internal parasites to another animal at the time it is

imported into this state.

or certificate of veterinary inspection signed by an accredited

veterinarian licensed to practice veterinary medicine in the dog's

state of origin, including records of the dog's medication and

immunization.

(4) A person ~~who~~ that operates a pet shop, an animal control

shelter, or an animal protection shelter shall not import or cause

to be imported into this state, or sell, adopt, exchange, or

transfer, or offer for sale, adoption, exchange, or transfer a cat,

unless all of the following are satisfied before the cat's entry

into this state:

(a) The cat has been vaccinated against feline panleukopenia,

calici viruses, and feline herpes virus-1. The cat shall also be

vaccinated against rabies if the cat is 12 weeks of age or older.

If a cat requires a rabies vaccine ~~is required~~ under this

subdivision, an accredited veterinarian shall administer the

vaccine. ~~shall be administered by an accredited veterinarian.~~ A

person operating a pet shop shall ensure that vaccinations other

than the rabies vaccination are administered to the cat as required

by this subdivision not less than 7 days before the cat's entry

into this state. The director may require vaccinations against

other diseases not specified in this subdivision.

(b) If indicated, the cat has been treated for external and

internal parasites so that the cat is not capable of spreading

external or internal parasites to another animal at the time it is

imported into this state.

or certificate of veterinary inspection filled out and signed by an

accredited veterinarian licensed to practice veterinary medicine in

the cat's state of origin, including records of the cat's

medication and immunization.

(5) A person ~~who~~ that operates a pet shop or a large-scale dog

breeding kennel shall not sell, exchange, transfer, or deliver a

dog, cat, or ferret without providing to the purchaser a valid pet

health certificate. For purposes of this subsection, a pet health

certificate is only valid for 30 days after the date the animal was

examined by the veterinarian who signed the certificate.

Sec. 5b. (1) To be a qualified pet shop, an owner, manager, or

employee of a pet shop shall not display, offer for sale, deliver,

barter, auction, broker, give away, transfer, or sell a live dog

from a pet shop to a person unless the dog was obtained from 1 of

the following sources:

(a) An animal control shelter.

(b) An animal protection shelter.

the dog from a breeder, the breeder must be a qualified breeder.

(d) A qualified breeder.

(2) To be a qualified pet shop, an owner, manager, or employee

of a pet shop shall not deliver, barter, auction, broker, give

away, transfer, or sell any of the following:

(a) A dog that is less than 8 weeks old.

(b) A dog without a pet health certificate.

identification microchip.

(d) A dog to an individual who is younger than 18 years of age

as verified by valid photo identification.

(e) A dog acquired from a qualified breeder or a dog retailer

unless the owner, manager, or employee provides to the person

acquiring the dog, at a time before the transaction, documentation

that includes all of the following:

(i) The name of the breeder that bred the dog.

(ii) The address, if available, of the breeder that bred the

dog.

(iii) 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.

(iv) The dog's birth date, if known.

(v) The date that the pet shop took possession of the dog.

(vi) A document signed by a veterinarian that describes any

known congenital or hereditary condition that adversely affects the

health of the dog at the time of examination.

(vii) A certification signed by the owner, manager, or

employee of the pet shop certifying that all information required

to be provided to the person acquiring the dog under this

subdivision is accurate. A pet shop shall keep a copy of the

certification for a period of at least 2 years from the date of the

acquisition. The owner, the manager, or an employee of the pet shop

shall make the copy of the certification available for inspection

or duplication by the department or an animal control officer of

the municipality in which the pet shop is located.

(f) A dog acquired from a qualified breeder or a dog retailer

unless all of the following information regarding the dog is

available to the general public at the pet shop:

(i) The name of the breeder that bred the dog.

(ii) The address, if available, of the breeder that bred the

dog.

(iii) The United States Department of Agriculture license

number of the breeder that bred the dog, if applicable.

(iv) The dog's birth date, if known.

(3) To be a qualified pet shop, an owner, manager, or employee

of a pet shop shall not alter or provide false information on a

document provided under subdivision (2)(e).

(4) This section does not apply to a dog that is being sold,

delivered, bartered, auctioned, given away, brokered, or

transferred from the premises where the dog was bred and reared.

(5) As used in this section:

(a) "Dog retailer" means a person that buys, sells, or offers

to sell dogs at wholesale for resale to another person or who sells

or gives 1 or more dogs to a pet shop annually. Dog retailer does

not include an animal control shelter, an animal protection

shelter, a humane society, a medical kennel for dogs, a research

kennel for dogs, a pet shop, or a veterinarian.

(b) "Qualified breeder" means either of the following:

(i) A breeder that keeps, houses, and maintains female adult

dogs that is not a large-scale dog breeding kennel.

(ii) A large-scale dog breeding kennel located inside or

outside of this state that meets all of the following requirements:

(A) The large-scale breeding kennel is licensed by the United

States Department of Agriculture under 7 USC 2133 and, if

applicable, registered with the department under section 6.

(B) The United States Department of Agriculture has not issued

the large-scale breeding kennel a finally determined report of a

direct noncompliance violation under the animal welfare act, 7 USC

2131 to 2159, for a period of 2 years before offering for sale,

delivering, bartering, auctioning, brokering, giving away,

transferring, or selling a dog.

determined reports of noncompliance documented in any report issued

by the United States Department of Agriculture under the animal

welfare act, 7 USC 2131 to 2159, for a period of 12 months before

offering for sale, delivering, bartering, auctioning, brokering,

giving away, transferring, or selling a dog.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.