Engrossed Substitute House Bill 1424 — Sale and Adoption of Dogs and Cats (Washington, 2023)

Summary

Engrossed Substitute House Bill 1424 of the State of Washington's 68th Legislature, by House Consumer Protection & Business. Its title states that it relates to consumer protection with respect to the sale and adoption of dogs and cats, amends RCW 16.52.360, 16.52.015 and 16.52.310, adds new sections to chapters 63.10, 63.14 and 31.04 RCW and prescribes penalties. Section 1 provides that, except as provided in the section, a retail pet store may not sell or offer for sale any dog or cat, and sets requirements for a store that sold or offered dogs or cats before July 25, 2021. Section 6 provides that a licensee shall not finance or make a loan for the purchase of a dog or cat. The bill was read first time February 16, 2023.

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Full text

                     ENGROSSED SUBSTITUTE HOUSE BILL 1424


     State of Washington         68th Legislature     2023 Regular Session

     By House Consumer Protection & Business (originally sponsored by
     Representatives   Berg,  Walen,   Simmons,  Kloba,   Street,  Taylor,
     Alvarado, Bateman, Stonier, Paul, Fosse, Macri, Reed, Berry, Senn,
     Duerr, Riccelli, Doglio, Callan, Peterson, Fitzgibbon, Stearns,
     Ortiz-Self, Goodman, Thai, Springer, Gregerson, Ramel, Bergquist, and
     Pollet)

     READ FIRST TIME 02/16/23.




1        AN ACT Relating to consumer protection with respect to the sale
2    and adoption of dogs and cats; amending RCW 16.52.360, 16.52.015, and
3    16.52.310; adding a new section to chapter 63.10 RCW; adding a new
4    section to chapter 63.14 RCW; adding a new section to chapter 31.04
5    RCW; and prescribing penalties.


6    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 7       Sec. 1. RCW 16.52.360 and 2021 c 76 s 1 are each amended to read
 8   as follows:
 9       (1) Except as provided in this section, a retail pet store may
10   not sell or offer for sale any dog or cat.
11       (2) A retail pet store that sold or offered for sale any dog or
12   cat prior to July 25, 2021, may sell or offer for sale a dog or cat
13   only if the retail pet store meets the following requirements:
14       (a) Any dog or cat sold or offered for sale must be sold or
15   offered for sale only at the address identified on the retail pet
16   store's business license, as defined in RCW 19.02.020;
17       (b) Any dog sold or offered for sale must be obtained either:
18       (i) Directly from a breeder, including an out-of-state breeder,
19   who satisfies the requirements of RCW 16.52.310; or
20       (ii) From a United States department of agriculture licensed
21   broker pursuant to the federal animal welfare act, Title 7 U.S.C.
                                       p. 1                         ESHB 1424
 1   Sec. 2131 et seq. as amended, that obtains dogs from a breeder in
 2   compliance with this section. A licensed broker shall provide all
 3   breeder documentation required by a breeder under this section as
 4   well as any applicable federal and state license numbers for the
 5   breeder or the broker;
 6       (c) Any dog sold or offered for sale must possess documentation
 7   obtained from its breeder, either directly or through a United States
 8   department of agriculture licensed broker, demonstrating:
 9       (i) The dog was not separated from its mother prior to the age of
10   eight weeks; and
11       (ii) The breeder's compliance with RCW 16.52.310 on the date the
12   dog was obtained from the breeder;
13       (d) A retail pet store shall, prior to obtaining a dog from a
14   breeder or a broker, obtain all inspection reports for the breeder
15   created by the United States department of agriculture within the
16   previous three years, if applicable. A retail pet store shall
17   maintain and, upon request, produce the records for a period of five
18   years following the sale of a dog obtained from a breeder or broker;
19       (e) Any advertisement, including website postings, offering to
20   sell a dog or cat must include:
21       (i) A range of prices at which a dog or cat, breed of dog or cat,
22   or dogs or cats having other distinguishing traits are offered for
23   sale;
24       (ii) The age of the dog or cat; and
25       (iii) Supporting documentation providing the applicable federal
26   or state license numbers for the breeder of the dog or cat, if
27   applicable;
28       (f) The retail pet store shall post in a location visible from
29   the entrance of the retail pet store on a kiosk or other form of
30   bulletin board the purchase price, age, and the following information
31   on the dog's breeder or cat's breeder:
32       (i) Full name;
33       (ii) Kennel name, if applicable;
34       (iii) City and state; and
35       (iv) Any applicable state or federal license numbers; and
36       (g) The retail pet store shall disclose to a prospective consumer
37   in writing, prior to the sale of a dog or cat, the following
38   information about the dog or cat:
39       (i) The purchase price of the dog or cat; and


                                     p. 2                        ESHB 1424
 1       (ii) Any applicable federal or state license numbers and an
 2   unredacted list of all violations of any federal or state law the dog
 3   breeder or cat breeder received in the previous two years on a
 4   federal or state inspection report.
 5       (3) A retail pet store may provide space and appropriate care for
 6   animals, including dogs and cats, owned by an animal care and control
 7   agency or animal rescue group for the purpose of adopting those
 8   animals to the public. Each retail pet store shall display on each
 9   cage or pen containing a dog or cat a label stating the certificate
10   of source, including the name and address of the animal care and
11   control agency or animal rescue group.
12       (4)(a) A retail pet store that violates this section is subject
13   to a civil penalty of $250.
14       (i) Civil penalties for violations of this section must be paid
15   to the county where the violation occurred.
16       (ii) Civil penalties issued under this section are appealable to
17   the office of administrative hearings.
18       (b) Any retail pet store that violates this section three or more
19   times over a one-year period is prohibited from selling or offering
20   to sell any dog or cat.


21       Sec. 2.   RCW 16.52.015 and 2011 c 172 s 2 are each amended to
22   read as follows:
23       (1) Law enforcement agencies and animal care and control agencies
24   may enforce the provisions of this chapter. Animal care and control
25   agencies may enforce the provisions of this chapter in a county or
26   city only if the county or city legislative authority has entered
27   into a contract with the agency to enforce the provisions of this
28   chapter.
29       (2) Animal control officers enforcing this chapter shall comply
30   with the same constitutional and statutory restrictions concerning
31   the execution of police powers imposed on law enforcement officers
32   who enforce this chapter and other criminal laws of the state of
33   Washington.
34       (3) Animal control officers have the following enforcement powers
35   when enforcing this chapter:
36       (a) The power to issue civil penalties based on violations under
37   section 1 of this act;
38       (b) The power to issue citations based on probable cause to
39   offenders for civil infractions and misdemeanor and gross misdemeanor
                                     p. 3                        ESHB 1424
 1   violations of this chapter or RCW 9.08.070 through 9.08.078 or
 2   81.48.070;
 3       (((b))) (c) The power to cause a law enforcement officer to
 4   arrest and take into custody any person the animal control officer
 5   has probable cause to believe has committed or is committing a
 6   violation of this chapter or RCW 9.08.070 or 81.48.070. Animal
 7   control officers may make an oral complaint to a prosecuting attorney
 8   or a law enforcement officer to initiate arrest. The animal control
 9   officer causing the arrest shall file with the arresting agency a
10   written complaint within ((twenty-four)) 24 hours of the arrest,
11   excluding Sundays and legal holidays, stating the alleged act or acts
12   constituting a violation;
13       (((c))) (d) The power to carry nonfirearm protective devices for
14   personal protection;
15       (((d))) (e) The power to prepare affidavits in support of search
16   warrants and to execute search warrants when accompanied by law
17   enforcement officers to investigate violations of this chapter or RCW
18   9.08.070 or 81.48.070, and to seize evidence of those violations.
19       (4) Upon request of an animal control officer who has probable
20   cause to believe that a person has violated this chapter or RCW
21   9.08.070 or 81.48.070, a law enforcement agency officer may arrest
22   the alleged offender.


23       Sec. 3.   RCW 16.52.310 and 2009 c 286 s 2 are each amended to
24   read a s follows:
25       (1) A person may not own, possess, control, or otherwise have
26   charge or custody of more than ((fifty)) 50 dogs with intact sexual
27   organs over the age of six months at any time.
28       (2) Any person who owns, possesses, controls, or otherwise has
29   charge or custody of more than ((ten)) 10 dogs with intact sexual
30   organs over the age of six months and keeps the dogs in an enclosure
31   for the majority of the day must at a minimum:
32       (a) Provide space to allow each dog to turn about freely, to
33   stand, sit, and lie down. The dog must be able to lie down while
34   fully extended without the dog's head, tail, legs, face, or feet
35   touching any side of an enclosure and without touching any other dog
36   in the enclosure when all dogs are lying down simultaneously. The
37   interior height of the enclosure must be at least six inches higher
38   than the head of the tallest dog in the enclosure when it is in a
39   normal standing position. Each enclosure must be at least three times
                                     p. 4                        ESHB 1424
 1   the length and width of the longest dog in the enclosure, from tip of
 2   nose to base of tail and shoulder blade to shoulder blade.
 3       (b) Provide each dog that is over the age of four months with a
 4   minimum of one exercise period during each day for a total of not
 5   less than one hour of exercise during such day. Such exercise must
 6   include either leash walking or giving the dog access to an enclosure
 7   at least four times the size of the minimum allowable enclosure
 8   specified in (a) of this subsection allowing the dog free mobility
 9   for the entire exercise period, but may not include use of a cat
10   mill, jenny mill, slat mill, or similar device, unless prescribed by
11   a doctor of veterinary medicine. The exercise requirements in this
12   subsection do not apply to a dog certified by a doctor of veterinary
13   medicine as being medically precluded from exercise.
14       (c) Maintain adequate housing facilities and primary enclosures
15   that meet the following requirements at a minimum:
16       (i) Housing facilities and primary enclosures must be kept in a
17   sanitary condition. Housing facilities where dogs are kept must be
18   sufficiently ventilated at all times to minimize odors, drafts,
19   ammonia levels, and to prevent moisture condensation. Housing
20   facilities must have a means of fire suppression, such as functioning
21   fire extinguishers, on the premises and must have sufficient lighting
22   to allow for observation of the dogs at any time of day or night;
23       (ii) Housing facilities must enable all dogs to remain dry and
24   clean;
25       (iii) Housing facilities must provide shelter and protection from
26   extreme temperatures and weather conditions that may be uncomfortable
27   or hazardous to the dogs;
28       (iv) Housing facilities must provide sufficient shade to shelter
29   all the dogs housed in the primary enclosure at one time;
30       (v) A primary enclosure must have floors that are constructed in
31   a manner that protects the dogs' feet and legs from injury;
32       (vi) Primary enclosures must be placed no higher than forty-two
33   inches above the floor and may not be placed over or stacked on top
34   of another cage or primary enclosure;
35       (vii) Feces, hair, dirt, debris, and food waste must be removed
36   from primary enclosures at least daily or more often if necessary to
37   prevent accumulation and to reduce disease hazards, insects, pests,
38   and odors; and
39       (viii) All dogs in the same enclosure at the same time must be
40   compatible, as determined by observation. Animals with a vicious or
                                     p. 5                        ESHB 1424
 1   aggressive disposition must never be placed in an enclosure with
 2   another animal, except for breeding purposes. Breeding females in
 3   heat may not be in the same enclosure at the same time with sexually
 4   mature males, except for breeding purposes. Breeding females and
 5   their litters may not be in the same enclosure at the same time with
 6   other adult dogs. Puppies under twelve weeks may not be in the same
 7   enclosure at the same time with other adult dogs, other than the dam
 8   or foster dam unless under immediate supervision.
 9       (d) Provide dogs with easy and convenient access to adequate
10   amounts of clean food and water. Food and water receptacles must be
11   regularly cleaned and sanitized. All enclosures must contain potable
12   water that is not frozen, is substantially free from debris, and is
13   readily accessible to all dogs in the enclosure at all times.
14       (e) Provide veterinary care without delay when necessary. A dog
15   may not be bred if a veterinarian determines that the animal is unfit
16   for breeding purposes. Only dogs between the ages of twelve months
17   and eight years of age may be used for breeding. Animals requiring
18   euthanasia must be euthanized only by a licensed veterinarian.
19       (3) A person who violates subsection (1) or (2) of this section
20   is guilty of a gross misdemeanor.
21       (4) This section does not apply to the following:
22       (a) A publicly operated animal control facility or animal
23   shelter;
24       (b) A private, charitable not-for-profit humane society or animal
25   adoption organization;
26       (c) A veterinary facility;
27       (d) A retail pet store;
28       (e) A research institution;
29       (f) A boarding facility; or
30       (g) A grooming facility.
31       (5) ((Subsection (1) of this section does not apply to a
32   commercial dog breeder licensed, before January 1, 2010, by the
33   United States department of agriculture pursuant to the federal
34   animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.).
35       (6))) For the purposes of this section, the following definitions
36   apply, unless the context clearly requires otherwise:
37       (a) "Dog" means any member of Canis lupus familiaris; and
38       (b) "Retail pet store" means a commercial establishment that
39   engages in a for-profit business of selling at retail cats, dogs, or


                                     p. 6                        ESHB 1424
1    other animals to be kept as household pets and is regulated by the
2    United States department of agriculture.


 3       NEW SECTION.   Sec. 4.  A new section is added to chapter 63.10
 4   RCW to read as follows:
 5       A lessor shall not finance a consumer lease for the purchase of a
 6   dog or cat. A lease contract entered into on or after the effective
 7   date of this section for the purchase of a dog or cat is void and
 8   unenforceable and the lessor shall have no right to collect, receive,
 9   or retain any principal, interest, or charges related to the lease
10   contract.

11       NEW SECTION.   Sec. 5.   A new section is added to chapter 63.14
12   RCW to read as follows:
13       A retail installment transaction entered into on or after the
14   effective date of this section for the purchase of a dog or cat is
15   void and unenforceable and the retail seller shall have no right to
16   collect, receive, or retain any principal, interest, or charges
17   related to the retail installment transaction.


18       NEW SECTION.   Sec. 6.   A new section is added to chapter 31.04
19   RCW to read as follows:
20       A licensee shall not finance or make a loan for the purchase of a
21   dog or cat. A loan entered into on or after the effective date of
22   this section for the purchase of a dog or cat is void and
23   unenforceable and the licensee shall have no right to collect,
24   receive, or retain any principal, interest, or charges related to the
25   loan.

                                  --- END ---




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