A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA HUMANE DOG BREEDING ACT"; BY ADDING SECTION 47-3-1100 SO AS TO DEFINE TERMS RELATED TO DOG BREEDING; BY ADDING SECTION 47-3-1110 SO AS TO REQUIRE A PROFESSIONAL DOG BREEDER TO BE LICENSED BY THE DEPARTMENT OF AGRICULTURE, PRESCRIBE APPLICATION STANDARDS FOR A PROFESSIONAL DOG BREEDER LICENSE, AND ESTABLISH A PROCEDURE FOR THE INSPECTION OR REINSPECTION OF THE PREMISES, DOGS, AND RECORDS OF A PROFESSIONAL DOG BREEDER; BY ADDING SECTION 47-3-1120 SO AS TO PROVIDE THAT A LICENSE IS VALID FOR TWO YEARS, AND TO GRANT THE DIRECTOR THE AUTHORITY TO REFUSE TO ISSUE OR RENEW A LICENSE UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 47-3-1130 SO AS TO SET COMMERCIAL STANDARDS FOR A LICENSEE AND PRESCRIBE HOUSING FACILITY AND DAILY CARE REQUIREMENTS; BY ADDING SECTION 47-3-1140 SO AS TO SET RECORD KEEPING STANDARDS FOR A PROFESSIONAL DOG BREEDER; BY ADDING SECTION 47-3-1150 SO AS TO PROVIDE CONSUMER PROTECTIONS; BY ADDING SECTION 47-3-1160 SO AS TO PROVIDE A MECHANISM FOR SEIZURE OF DOGS KEPT IN VIOLAITON OF THIS ACT; AND BY ADDING SECTION 47-3-1170 SO AS TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Humane Dog Breeding Act".

 

SECTION 2.  Chapter 3, Title 47 of the S.C. Code is amended by adding:

 

Article 17

 

Humane Dog Breeding Act

 

    Section 47-3-1100. For purposes of this article:

    (1) "Adult dog" means a Canis familiaris or Canis familiaris hybrid six months or older.

    (2) "Business hours" means between seven o'clock a.m. and seven o'clock p.m., Monday through Friday, except for legal federal holidays.

    (3) "Chief law enforcement officer" means the duly elected sheriff of a county or the appointed police chief of a municipality.

    (4) "Consumer" means a natural person who purchases a dog from a professional dog breeder that is not a business or corporation engaged in sales or services.

    (5) "Department" means the South Carolina Department of Agriculture.

    (6) "Director" means the director of the South Carolina Department of Agriculture, the director's designee, or, in the absence of the director's designee or a vacancy in the office of the director, a deputy director.

    (7) "Euthanasia" means a method of humanely terminating the life of a dog that may be performed only by a licensed veterinarian or certified euthanasia technician.

    (8) "Housing facility" means any land, premises, shed, barn, building, trailer, or other structure or area that houses or is intended to house dogs.

    (9) "Inspection designee" means a person whose reputation in the community is that of a person with expertise, knowledge, and experience in the proper housing and care of dogs and who is appointed by a county administrator or mayor, if appropriate, in conjunction with the chief law enforcement officer of the county.

    (10) "Intact" means a dog that has not been altered by surgical, chemical, or physical means and is still capable of breeding.

    (11) "Licensee" means a person licensed according to this article and any regulations promulgated under this chapter.

    (12) "Owner" means a person who has a property right in a dog.

    (13) "Professional dog breeder" means a person who possesses or maintains, under the person's immediate control, ten or more intact female adult dogs in this State at one time for the primary purpose of breeding and selling, or who sells more than fifteen puppies or more than two litters of puppies in a calendar year. Dogs that are kept for the primary purpose of herding livestock, hunting, or competing in field trials, hunting tests, or a similar recognized dog sport, are not considered for purposes of determining the number of adult intact female dogs possessed by a person.

    (14) "Releasing agency" means a public or private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to dogs, or other similar entity or home-based rescue operation that releases companion dogs for adoption.

    (15) "Veterinarian" means a person who is licensed and in good standing to practice veterinary medicine pursuant to Chapter 69, Title 40.

 

    Section 47-3-1110. (A) A person may not act as a professional dog breeder without first obtaining a license from the department.

    (B) A licensee must be at least eighteen years of age.

    (C) A person or organization seeking a license shall apply on a form furnished by the department. The application form, the implementing regulations, and other necessary forms must be maintained on the department's website. The application must include the signed on-site inspection report by the chief law enforcement officer of the county or the inspection designee.

    (D) The applicant shall:

       (1) provide all information requested on the application form, including a mailing address through which the licensee or applicant can be reached at all times and a valid address where the dogs, dog facilities, equipment, and records may be inspected for compliance;

       (2) file the completed application form with the department;

       (3) indicate each location where the person operates or keeps dogs on the application form or on a separate sheet attached to the form;

       (4) indicate whether the anticipated revenue from sales annually will exceed nine thousand two hundred twenty-five dollars; and

       (5) provide a valid sales tax registration number if he does anticipate sales revenue exceeding the amount in item (4).

    (E) The completed application form, along with the application fee, the annual license fee, a State Law Enforcement Division criminal history background check or similar office if the applicant resides in another state, and any report of the on-site inspection in subsection (G) must be filed with the department.

    (F) No professional dog breeder may breed or sell dogs without a valid license issued by the director under the provisions of this chapter. Each license is valid for two years unless otherwise revoked or suspended.

    (G) A license issued under the provisions of this section is nontransferable and is not valid at a location other than the one for which it is issued.

    (H) Before the department may issue an initial professional dog breeder license to an applicant:

       (1) The chief law enforcement officer or inspection designee of each county where the applicant has a location shall determine, through an on-site inspection, that the premises conforms to the provisions of this chapter and the regulations promulgated by the department. If the inspection reveals that the applicant is not in compliance, then the chief law enforcement officer or inspection designee shall give that applicant a detailed list of noncompliant items. An applicant may reapply at any time by submitting a reinspection request in writing to the chief law enforcement officer or inspection designee. Each inspection or reinspection request must be accompanied by payment of the inspection or reinspection fee.

       (2) The department shall determine that the applicant:

           (a) has not, for at least two years prior to the date of the application, been convicted or pled nolo contendere to ill-treatment of animals, dogfighting, neglect, or offenses with the same or similar elements in another state; and

           (b) provides a program of veterinary care, as evidenced by an affidavit signed by a veterinarian that includes:

               (i) documentation that the adult dogs are in good health for breeding;

               (ii) records that indicate at least one hands-on examination of each adult dog annually, prompt veterinary treatment of any illness or injury as considered reasonably necessary, and proof that vaccinations against rabies and other contagious and infectious diseases, including canine distemper, adenovirus, type II parainfluenza, bordetella, and parvovirus, are administered as required by law and as recommended by the veterinarian;

               (iii) a written program to address each dog's exercise and additional care needs, to be updated annually or as appropriate;

               (iv) a record of all surgical procedures including, but not limited to, cesarean sections, spays or neuters, or other major surgeries performed only by a veterinarian; and

               (v) proof that procedures of tail docking and dewclaw removal for animals under one week of age are performed under the direct or indirect supervision of a veterinarian, with signed documentation from the veterinarian stating the proper methods and instruments that will be used, the proper sanitizing methods for the instruments, and an emergency veterinary treatment plan.

    (I) Each license application must contain a provision clearly stating that providing false information on any portion of the application subjects the applicant to prosecution for the offense of perjury under Section 16-9-10. The applicant shall declare, under penalty of perjury, that all information contained in the application is true and that the applicant is in compliance with the provisions of this chapter and regulations promulgated by the department.

 

    Section 47-3-1120. (A) A license issued under this article is valid for two years and may be renewed upon submission of a renewal application, payment of the renewal fee, and proof of compliance with this article and any regulations promulgated by the department.

    (B) The department shall deny, suspend, or revoke a license if the licensee or applicant:

       (1) fails to comply with the provisions of this article or regulations promulgated under it;

       (2) has been convicted of or pled guilty or nolo contendere to ill-treatment of animals, dogfighting, animal neglect, or a substantially similar offense in another jurisdiction;

       (3) refuses to permit inspection of the premises as required by this article;

       (4) provides false or misleading information on the license application or renewal form; or

       (5) fails to maintain a program of veterinary care as required by this article.

    (C) A licensee whose license is suspended or revoked may not reapply for licensure for a period of two years from the date of suspension or revocation. Upon reapplication, the applicant must demonstrate compliance with all applicable provisions of this article and regulations promulgated by the department.

    (D) A person who acts as a professional dog breeder without a valid license issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars for a first offense, not more than one thousand dollars for a second offense, and not more than three thousand dollars for a third or subsequent offense. Each dog sold or offered for sale in violation of this subsection constitutes a separate offense.

    (E) In addition to criminal penalties, the department may impose civil penalties of not more than five hundred dollars per violation for a first offense and not more than one thousand dollars per violation for a second or subsequent offense. Each day that a violation continues constitutes a separate violation.

    (F) Dogs found to be kept in violation of this article may be seized by the chief law enforcement officer of the county or municipality, consistent with the provisions of Section 47-1-150, and placed in the custody of a releasing agency. Costs of seizure and care must be borne by the licensee or owner of the dogs.

 

    Section 47-3-1130. A licensee shall comply with the following standards of care for each dog in his possession:

    (1) Each dog must be provided with uncontaminated, wholesome food and potable water in sufficient quantity and of adequate nutritional value to maintain good health. Food and water receptacles must be accessible, clean, and sanitized regularly.

    (2) Each dog must be housed in a clean, safe, and structurally sound facility that protects the dog from injury, harsh weather, and extreme temperatures. Housing facilities must provide sufficient space to allow each dog to turn about freely, stand, sit, and lie in a comfortable, normal position.

    (3) No dog may be confined in a crate for more than eight consecutive hours in a twenty-four-hour period. Crates must provide at least six inches of clearance above the dog's head when standing and be of sufficient length and width to allow the dog to turn around and lie down comfortably.

    (4) Each dog must be provided with daily exercise sufficient to maintain the dog's good physical condition. A written exercise plan, approved annually by a licensed veterinarian, must be kept on file by the licensee and made available to the department upon request.

    (5) Excreta must be removed from housing facilities daily, and enclosures must be sanitized regularly to prevent disease. Bedding, if used, must be kept clean and dry.

    (6) Each dog must receive prompt veterinary care when ill or injured and at least one hands-on veterinary examination annually. Dogs must be vaccinated as required by law and as recommended by a licensed veterinarian.

    (7) A female dog may not be bred more than two litters in any eighteen-month period, and no female dog may be bred before reaching twelve months of age.

    (8) A professional dog breeder may not possess more than fifteen puppies under the age of six months at one time for the purpose of sale, unless otherwise authorized by regulation promulgated by the department.

 

    Section 47-3-1140. (A) A professional dog breeder shall maintain accurate records for each dog in his possession. Records must include:

       (1) the dog's date of birth, sex, color, breed, and identifying marks;

       (2) the date the dog entered the facility and the source from which it was obtained;

       (3) the date of each sale, adoption, or transfer, and the name and address of the person receiving the dog;

       (4) veterinary records, including vaccination history, results of annual examinations, diagnoses, treatments, and prescribed medications;

       (5) breeding history, including the number and dates of litters for each intact female dog; and

       (6) any surgical or medical procedures performed on the dog.

    (B) Records required by this section must be retained for at least five years and must be made available for inspection by the department, the chief law enforcement officer, or inspection designee during business hours.

 

    Section 47-3-1150. (A) At the time of sale, a professional dog breeder shall provide the consumer with a written disclosure statement that includes:

       (1) the dog's date of birth, breed, sex, and color;

       (2) the name, address, and license number of the breeder;

       (3) the dog's vaccination and deworming history, including dates and the name of the veterinarian who administered or supervised treatment;

       (4) a statement of any known illness, congenital condition, or prior treatment;

       (5) the date of the most recent veterinary examination; and

       (6) a copy of the breeder's return or refund policy, if any.

    (B) The breeder shall provide a bill of sale for each transaction that includes the license number issued under this article. A copy of each bill of sale must be retained by the breeder for at least five years.

    (C) A breeder may not knowingly sell or transfer a dog that is ill or unfit for sale, except where full disclosure of the condition is made in writing to the consumer and the consumer consents to the purchase.

 

    Section 47-3-1160. (A) The chief law enforcement officer of a county or municipality, or his designee, may seize any dog kept in violation of this article or the regulations promulgated under it. Seizure must be carried out consistent with the procedures in Section 47-1-150.

    (B) Upon seizure, dogs must be placed in the custody of a releasing agency. The costs of seizure, transportation, housing, feeding, and veterinary care must be borne by the licensee or owner of the dogs.

    (C) Dogs seized pursuant to this section are subject to forfeiture proceedings under Section 47-1-150. If the court orders forfeiture, then custody and ownership of the dogs must be vested in the releasing agency or other entity approved by the court.

    (D) A person who violates this article is guilty of a misdemeanor and, upon conviction:

       (1) for a first offense, must be fined not more than five hundred dollars or imprisoned not more than thirty days;

       (2) for a second offense, must be fined not more than one thousand dollars or imprisoned not more than ninety days; and

       (3) for a third or subsequent offense, must be fined not more than three thousand dollars or imprisoned not more than six months.

    (E) Each dog sold, offered for sale, or kept in violation of this article constitutes a separate offense. Each day a violation continues constitutes a separate offense.

    (F) In addition to criminal penalties, the department may impose civil fines of not more than five hundred dollars per violation for a first offense and not more than one thousand dollars per violation for a second or subsequent offense. Civil penalties may be appealed to the Administrative Law Court.

 

    Section 47-3-1170. The department shall promulgate regulations necessary to implement the provisions of this article, including but not limited to, application and renewal procedures, inspection protocols, standards of care, enforcement, and civil penalties.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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