May 1, 2018, Introduced by Rep. Vaupel and referred to the Committee on Agriculture.
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.
(c) The dog is accompanied by an interstate health certificate
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.
(c) The cat is accompanied by an interstate health certificate
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) 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.
(c) A dog retailer. If the dog retailer originally obtained
the dog from a breeder, the breeder must be a qualified breeder.
(d) A qualified breeder.
(2) 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.
(c) A dog that does not have a permanent implanted
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 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) 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.
(C) The breeding kennel has not had 3 or more finally
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.