S2352.1 by Senator Stanford — ESHB 1424 - S COMM AMD, Business, Financial Services, Gaming & Trade
Summary
ESHB 1424 - S COMM AMD, document 1424-S.E AMS BFGT S2352.1, by Senator Stanford for the Committee on Business, Financial Services, Gaming & Trade, striking everything after the enacting clause and inserting new text. The text amends RCW 16.52.360 to provide that, except as the section allows, a retail pet store may not sell or offer for sale any dog or cat. The printed effect statement says the cost for any cat or dog adopted through the pet store may not exceed $1,000 and that retail pet stores must give a prospective consumer an opportunity to interview the breeder and inspect the breeding facility.
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“S2352.1 by Senator Stanford — ESHB 1424 - S COMM AMD, Business, Financial Services, Gaming & Trade.”
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, SHA-256 8813baba92f7531ded8d4e805171b0a24dc5ab688f82597e03004e818211950a.Full text
1424-S.E AMS BFGT S2352.1
[A]
By Senator Stanford
ESHB 1424 - S COMM AMD
By Committee on Business, Financial Services, Gaming & Trade
1 Strike everything after the enacting clause and insert the
2 following:
3 "Sec. 1. RCW 16.52.360 and 2021 c 76 s 1 are each amended to
4 read as follows:
5 (1) Except as provided in this section, a retail pet store may
6 not sell or offer for sale any dog or cat.
7 (2) A retail pet store that sold or offered for sale any dog
8 prior to July 25, 2021, may sell or offer for sale a dog only if the
9 retail pet store meets the following requirements:
10 (a) Any dog sold or offered for sale must be sold or offered for
11 sale only at the address identified on the retail pet store's
12 business license, as defined in RCW 19.02.020;
13 (b) Any dog sold or offered for sale must be obtained either:
14 (i) Directly from a breeder, including an out-of-state breeder,
15 who satisfies the requirements of RCW 16.52.310; or
16 (ii) From a United States department of agriculture licensed
17 broker pursuant to the federal animal welfare act, Title 7 U.S.C.
18 Sec. 2131 et seq. as amended, that obtains dogs from a breeder in
19 compliance with this section. A licensed broker shall provide all
20 breeder documentation required by a breeder under this section as
21 well as any applicable federal and state license numbers for the
22 breeder or the broker;
23 (c) Prior to the marketing or selling of each dog, whichever
24 comes first, the retail pet store shall obtain, either directly from
25 the dog's breeder or through a United States department of
26 agriculture licensed broker, an affidavit that:
27 (i) The dog was not separated from its mother prior to the age of
28 eight weeks; and
29 (ii) The breeder's compliance with all requirements contained in
30 RCW 16.52.310 on the date the dog was obtained from the breeder
Code Rev/ML:akl 1 S-2352.1/23
1 regardless of whether the breeder is located in Washington state or
2 is located outside of Washington state;
3 (d) A retail pet store shall, prior to obtaining a dog from a
4 breeder or a broker, obtain all inspection reports for the breeder
5 created by the United States department of agriculture within the
6 previous three years, if applicable. A retail pet store shall
7 maintain and, upon request, produce the records for a period of five
8 years following the sale of a dog obtained from a breeder or broker;
9 (e) Any advertisement, including website postings, offering to
10 sell a dog must include:
11 (i) A range of prices at which a dog, breed of dog, or dogs
12 having other distinguishing traits are offered for sale;
13 (ii) The age of the dog; and
14 (iii) Supporting documentation providing the applicable federal
15 or state license numbers for the breeder of the dog, if applicable;
16 (f) The retail pet store shall post in a location visible from
17 the entrance of the retail pet store on a kiosk or other form of
18 bulletin board the purchase price, age, and the following information
19 on the dog's breeder:
20 (i) Full name;
21 (ii) Kennel name, if applicable;
22 (iii) City and state; and
23 (iv) Any applicable state or federal license numbers; and
24 (g) The retail pet store shall disclose to a prospective consumer
25 in writing, prior to the sale of a dog, the following information
26 about the dog:
27 (i) The purchase price of the dog;
28 (ii) The breeder's affidavit required in (c) of this subsection;
29 and
30 (iii) Any applicable federal or state license numbers and an
31 unredacted list of all violations of any federal or state law the dog
32 breeder received in the previous two years on a federal or state
33 inspection report.
34 (3) A retail pet store may provide space and appropriate care for
35 animals, including dogs and cats, owned by an animal care and control
36 agency or animal rescue group for the purpose of adopting those
37 animals to the public. Each retail pet store shall display on each
38 cage or pen containing a dog or cat a label stating the certificate
39 of source, including the name and address of the animal care and
40 control agency or animal rescue group. The adoption fee for any dog
Code Rev/ML:akl 2 S-2352.1/23
1 or cat offered for adoption at a retail pet store by an animal care
2 and control agency or animal rescue group may not exceed $1,000 and
3 all adoption fees and related adoption costs paid by consumers must
4 go to the animal care and control agency or animal rescue group
5 offering the dog or cat for adoption. No portion of the adoption fees
6 or related adoption costs may be paid to or otherwise shared with the
7 retail pet store.
8 (4) No retail pet store may sell, market for sale, or deliver a
9 dog unless it offers to give any prospective consumer an opportunity
10 to interview the breeder and inspect the breeding facility in which
11 the dog was bred. The retail pet store shall arrange with the breeder
12 of the dog how the prospective consumer may interview the breeder and
13 inspect the breeding facility. This shall be conducted in person or
14 through a live video teleconference from the breeding facility in
15 which the dog was bred.
16 (5)(a) A retail pet store that violates this section is subject
17 to a civil penalty of $250.
18 (i) Civil penalties for violations of this section must be paid
19 to the county where the violation occurred.
20 (ii) Civil penalties issued under this section are appealable to
21 the office of administrative hearings.
22 (b) Any retail pet store that violates this section three or more
23 times over a one-year period is prohibited from selling or offering
24 to sell any dog.
25 (6) Nothing in this section prohibits any city, town, or county
26 from enacting or enforcing a local ordinance that places greater
27 proscriptions on the sale of any animal by a retail pet store than
28 proscribed by this section or that provides penalties equal to or
29 greater than the penalties provided in this section.
30 (7)(a) For the purposes of this section, "retail pet store" means
31 a for-profit place of business open to the public that offers pet
32 supplies or pets for sale.
33 (b) A person who offers for sale, directly to the public, only
34 animals that the person bred and raised, is not considered a retail
35 pet store.
36 Sec. 2. RCW 16.52.015 and 2011 c 172 s 2 are each amended to
37 read as follows:
38 (1) Law enforcement agencies and animal care and control agencies
39 may enforce the provisions of this chapter. Animal care and control
Code Rev/ML:akl 3 S-2352.1/23
1 agencies may enforce the provisions of this chapter in a county or
2 city only if the county or city legislative authority has entered
3 into a contract with the agency to enforce the provisions of this
4 chapter.
5 (2) Animal control officers enforcing this chapter shall comply
6 with the same constitutional and statutory restrictions concerning
7 the execution of police powers imposed on law enforcement officers
8 who enforce this chapter and other criminal laws of the state of
9 Washington.
10 (3) Animal control officers have the following enforcement powers
11 when enforcing this chapter:
12 (a) The power to issue civil penalties based on violations under
13 RCW 16.52.360;
14 (b) The power to issue citations based on probable cause to
15 offenders for civil infractions and misdemeanor and gross misdemeanor
16 violations of this chapter or RCW 9.08.070 through 9.08.078 or
17 81.48.070;
18 (((b))) (c) The power to cause a law enforcement officer to
19 arrest and take into custody any person the animal control officer
20 has probable cause to believe has committed or is committing a
21 violation of this chapter or RCW 9.08.070 or 81.48.070. Animal
22 control officers may make an oral complaint to a prosecuting attorney
23 or a law enforcement officer to initiate arrest. The animal control
24 officer causing the arrest shall file with the arresting agency a
25 written complaint within ((twenty-four)) 24 hours of the arrest,
26 excluding Sundays and legal holidays, stating the alleged act or acts
27 constituting a violation;
28 (((c))) (d) The power to carry nonfirearm protective devices for
29 personal protection;
30 (((d))) (e) The power to prepare affidavits in support of search
31 warrants and to execute search warrants when accompanied by law
32 enforcement officers to investigate violations of this chapter or RCW
33 9.08.070 or 81.48.070, and to seize evidence of those violations.
34 (4) Upon request of an animal control officer who has probable
35 cause to believe that a person has violated this chapter or RCW
36 9.08.070 or 81.48.070, a law enforcement agency officer may arrest
37 the alleged offender.
38 Sec. 3. RCW 16.52.310 and 2009 c 286 s 2 are each amended to
39 read a s follows:
Code Rev/ML:akl 4 S-2352.1/23
1 (1) A person may not own, possess, control, or otherwise have
2 charge or custody of more than ((fifty)) 50 dogs with intact sexual
3 organs over the age of six months at any time.
4 (2) Any person who owns, possesses, controls, or otherwise has
5 charge or custody of more than ((ten)) 10 dogs with intact sexual
6 organs over the age of six months and keeps the dogs in an enclosure
7 for the majority of the day must at a minimum:
8 (a) Provide space to allow each dog to turn about freely, to
9 stand, sit, and lie down. The dog must be able to lie down while
10 fully extended without the dog's head, tail, legs, face, or feet
11 touching any side of an enclosure and without touching any other dog
12 in the enclosure when all dogs are lying down simultaneously. The
13 interior height of the enclosure must be at least six inches higher
14 than the head of the tallest dog in the enclosure when it is in a
15 normal standing position. Each enclosure must be at least three times
16 the length and width of the longest dog in the enclosure, from tip of
17 nose to base of tail and shoulder blade to shoulder blade.
18 (b) Provide each dog that is over the age of four months with a
19 minimum of one exercise period during each day for a total of not
20 less than one hour of exercise during such day. Such exercise must
21 include either leash walking or giving the dog access to an enclosure
22 at least four times the size of the minimum allowable enclosure
23 specified in (a) of this subsection allowing the dog free mobility
24 for the entire exercise period, but may not include use of a cat
25 mill, jenny mill, slat mill, or similar device, unless prescribed by
26 a doctor of veterinary medicine. The exercise requirements in this
27 subsection do not apply to a dog certified by a doctor of veterinary
28 medicine as being medically precluded from exercise.
29 (c) Maintain adequate housing facilities and primary enclosures
30 that meet the following requirements at a minimum:
31 (i) Housing facilities and primary enclosures must be kept in a
32 sanitary condition. Housing facilities where dogs are kept must be
33 sufficiently ventilated at all times to minimize odors, drafts,
34 ammonia levels, and to prevent moisture condensation. Housing
35 facilities must have a means of fire suppression, such as functioning
36 fire extinguishers, on the premises and must have sufficient lighting
37 to allow for observation of the dogs at any time of day or night;
38 (ii) Housing facilities must enable all dogs to remain dry and
39 clean;
Code Rev/ML:akl 5 S-2352.1/23
1 (iii) Housing facilities must provide shelter and protection from
2 extreme temperatures and weather conditions that may be uncomfortable
3 or hazardous to the dogs;
4 (iv) Housing facilities must provide sufficient shade to shelter
5 all the dogs housed in the primary enclosure at one time;
6 (v) A primary enclosure must have floors that are constructed in
7 a manner that protects the dogs' feet and legs from injury;
8 (vi) Primary enclosures must be placed no higher than forty-two
9 inches above the floor and may not be placed over or stacked on top
10 of another cage or primary enclosure;
11 (vii) Feces, hair, dirt, debris, and food waste must be removed
12 from primary enclosures at least daily or more often if necessary to
13 prevent accumulation and to reduce disease hazards, insects, pests,
14 and odors; and
15 (viii) All dogs in the same enclosure at the same time must be
16 compatible, as determined by observation. Animals with a vicious or
17 aggressive disposition must never be placed in an enclosure with
18 another animal, except for breeding purposes. Breeding females in
19 heat may not be in the same enclosure at the same time with sexually
20 mature males, except for breeding purposes. Breeding females and
21 their litters may not be in the same enclosure at the same time with
22 other adult dogs. Puppies under twelve weeks may not be in the same
23 enclosure at the same time with other adult dogs, other than the dam
24 or foster dam unless under immediate supervision.
25 (d) Provide dogs with easy and convenient access to adequate
26 amounts of clean food and water. Food and water receptacles must be
27 regularly cleaned and sanitized. All enclosures must contain potable
28 water that is not frozen, is substantially free from debris, and is
29 readily accessible to all dogs in the enclosure at all times.
30 (e) Provide veterinary care without delay when necessary. A dog
31 may not be bred if a veterinarian determines that the animal is unfit
32 for breeding purposes. Only dogs between the ages of twelve months
33 and eight years of age may be used for breeding. Animals requiring
34 euthanasia must be euthanized only by a licensed veterinarian.
35 (3) A person who violates subsection (1) or (2) of this section
36 is guilty of a gross misdemeanor.
37 (4) This section does not apply to the following:
38 (a) A publicly operated animal control facility or animal
39 shelter;
Code Rev/ML:akl 6 S-2352.1/23
1 (b) A private, charitable not-for-profit humane society or animal
2 adoption organization;
3 (c) A veterinary facility;
4 (d) A retail pet store;
5 (e) A research institution;
6 (f) A boarding facility; or
7 (g) A grooming facility.
8 (5) ((Subsection (1) of this section does not apply to a
9 commercial dog breeder licensed, before January 1, 2010, by the
10 United States department of agriculture pursuant to the federal
11 animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.).
12 (6))) For the purposes of this section, the following definitions
13 apply, unless the context clearly requires otherwise:
14 (a) "Dog" means any member of Canis lupus familiaris; and
15 (b) "Retail pet store" means a commercial establishment that
16 engages in a for-profit business of selling at retail cats, dogs, or
17 other animals to be kept as household pets and is regulated by the
18 United States department of agriculture.
19 Sec. 4. RCW 63.10.070 and 2019 c 340 s 1 are each amended to
20 read as follows:
21 A consumer lease contract entered into ((on or after July 28,
22 2019,)) to finance, purchase, or transfer ownership of a live dog or
23 cat in which ownership is contingent upon the making of payments over
24 a period of time subsequent to the transfer of possession of the live
25 dog or cat, or provides for or offers the option of transferring
26 ownership of the dog or cat at the end of a lease term, is void and
27 unenforceable. The lessor has no right to collect, receive, or retain
28 any principal, interest, or charges related to the consumer lease
29 contract.
30 Sec. 5. RCW 63.14.127 and 2019 c 340 s 2 are each amended to
31 read as follows:
32 A retail installment contract ((entered into on or after July 28,
33 2019, that includes a live dog or cat)) or transaction for purchase
34 of a live dog or cat, or includes a live dog or cat as a security
35 interest for the contract, is void and unenforceable. The retail
36 seller has no right to collect, receive, or retain any principal,
37 interest, or charges related to the retail installment contract or
38 transaction.
Code Rev/ML:akl 7 S-2352.1/23
1 Sec. 6. RCW 31.04.430 and 2019 c 340 s 3 are each amended to
2 read as follows:
3 A licensee may not finance or make a loan for the purchase of a
4 live dog or cat. A contract entered into ((on or after July 28,
5 2019,)) for the payment to repay a loan for the purchase of a live
6 dog or cat, where a security interest is granted in the dog or cat,
7 is void and unenforceable. The licensee has no right to collect,
8 receive, or retain any principal, interest, or charges related to the
9 loan contract."
ESHB 1424 - S COMM AMD
By Committee on Business, Financial Services, Gaming & Trade
10 On page 1, line 2 of the title, after "cats;" strike the
11 remainder of the title and insert "amending RCW 16.52.360, 16.52.015,
12 16.52.310, 63.10.070, 63.14.127, and 31.04.430; and prescribing
13 penalties."
EFFECT: Establishes that the cost for any cat or dog adopted
through the pet store, on behalf of an animal care and control agency
or animal rescue group, may not exceed $1,000 and all adoption fees
and related adoption costs paid by consumers must go to the animal
care and control agency or animal rescue group offering the dog or
cat for adoption;
Requires retail pet stores to give any prospective consumer an
opportunity to interview the breeder and inspect the breeding
facility in which the dog was bred;
Defines retail pet store;
Provides that the law does not prohibit any city, town, or county
from enacting or enforcing a local ordinance that places greater
proscriptions on the sale of any animal by a retail pet store; and
Reconstructs sections prohibiting retail installment contract of,
and the consumer lease and loans for the purchase of a live cat and
dog, by bringing in and amending current law.
--- END ---
Code Rev/ML:akl 8 S-2352.1/23
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