75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1765
A-Engrossed
House Bill 2470
Ordered by the House April 9
Including House Amendments dated April 9
Sponsored by Representatives HOLVEY, GELSER, Senators COURTNEY,
WALKER; Representatives BUCKLEY, COWAN, GALIZIO, MATTHEWS,
SCHAUFLER, WITT, Senator PROZANSKI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Prohibits owning, possessing, controlling or having
charge of more than 25 sexually intact dogs aged four months or
older. Imposes conditions for owning, possessing, controlling or
having charge of 10 or more sexually intact dogs aged four months
or older. Creates exceptions. Makes violation subject to maximum
penalty of six months' imprisonment, $2,500 fine, or both. - }
{ - Imposes requirements and prohibitions on pet dealers
selling, bartering or exchanging dogs. Provides customers of pet
dealers with specific remedies if dogs have diseases, illnesses,
adverse conditions or adverse congenital or hereditary
defects. - }
{ + Prohibits possessing, controlling or having charge of
more than 50 sexually intact dogs that are two years of age or
older for primary purpose of reproduction. Imposes conditions on
persons who possess, control or have charge of certain numbers of
sexually intact dogs that are eight months of age or older.
Punishes violation by maximum penalty of six months'
imprisonment, $2,500 fine, or both.
Imposes oversight condition on persons who possess, control or
have charge of more than 75 dogs.
Provides customers of pet dealers with specific remedies if
purchased dog has disease or congenital disorder.
Requires retail pet stores to disclose certain information to
purchasers of dogs. + }
A BILL FOR AN ACT
Relating to dogs.
Whereas the large scale commercial breeding of dogs may result
in cruelty to the dogs; and
Whereas the large scale commercial breeding of dogs is often
conducted under conditions that inflict long-term suffering on
the dogs; and
Whereas the large scale commercial breeding of dogs may lead to
the sale of unhealthy dogs to unsuspecting consumers; and
Whereas the large scale commercial breeding of dogs contributes
to pet overpopulation; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Boarding kennel' means a facility that provides care for a
fee to dogs that stay at the facility an average of less than 30
days.
(b) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
(c) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
(2) A person may not possess, control or otherwise have charge
of at the same time more than 50 sexually intact dogs that are
two years of age or older for the primary purpose of
reproduction. It is prima facie evidence that a person possesses
dogs for the primary purpose of reproduction if during a 12-month
period the person sells, offers for sale, barters or exchanges
more than three litters of dogs that are less than eight months
of age.
(3) A person that possesses, controls or otherwise has charge
of 50 or more sexually intact dogs that are eight months of age
or older shall maintain a record for each of those dogs that
identifies:
(a) The date of birth for the dog or, if the date of birth is
unknown, the date the person acquired possession, control or
charge of the dog and the source of the dog;
(b) The dates on which the dog has been bred;
(c) For a female, the number of dogs in each litter produced;
and
(d) The disposition the person makes of each dog possessed by,
controlled by or in the charge of the person, including the date
of disposition, manner of disposition and the name and address
information for any person taking possession, control or charge
of a dog.
(4) A person shall retain a record required under subsection
(3) of this section for a period of three years following the
death of the dog or a date on which the person permanently ceased
to have possession, control or charge of the dog.
(5) Subsections (2) to (4) of this section do not apply to:
(a) An animal control agency, humane society or animal shelter;
(b) A person who provides care for dogs at the request of a
unit of government, government agency, humane society or animal
shelter;
(c) A veterinary facility;
(d) A person that is transporting dogs; or
(e) A boarding kennel.
(6) A violation of this section is a Class B misdemeanor.
However, a court shall suspend sentence under this subsection for
a violation of subsection (2) of this section if the person
agrees to have a sufficient number of dogs spayed or neutered to
remedy the violation. + }
SECTION 2. { + (1) As used in this section:
(a) 'Boarding kennel' means a facility that provides care for a
fee to dogs that stay at the facility an average of less than 30
days.
(b) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
(c) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
(d) 'Regular exercise' means the removal of the dog from the
dog's primary enclosure and:
(A) Walking the dog on a leash;
(B) Allowing the dog to move about freely within a building or
an outdoor space at least one hour per day; or
(C) Allowing the dog to walk on a treadmill, jenny mill, slat
mill or similar device, if use of the device is prescribed for
the dog by a veterinarian to accommodate a specific medical
condition.
(2) A person that possesses, controls or otherwise has charge
of at the same time 10 or more sexually intact dogs that are
eight months of age or older shall, in addition to providing
minimum care as defined in ORS 167.310:
(a) Provide each dog with sufficient space to turn about
freely, stand and sit and to lie down without the head, face,
tail, legs or feet of the dog touching the sides of the enclosure
or touching any other dog.
(b) Provide each dog with an enclosure that:
(A) Has a solid floor without slats or gaps;
(B) Is six inches higher than the head of the tallest dog in
that enclosure when the tallest dog is in a normal standing
position;
(C) If elevated above the floor of a room, is placed so that
the floor of the enclosure is no more than 42 inches above the
floor of the room; and
(D) Is not stacked or otherwise placed above or below any other
dog enclosure.
(c) Provide each dog that is more than four months of age with
at least one hour of regular exercise each day, unless a
veterinarian has certified that the dog is medically precluded
from exercise.
(d) Remove waste and contaminants from the enclosure at least
once each day.
(e) Remove the dog from the enclosure when cleaning the
enclosure of waste and contaminants.
(f) Maintain a record for each sexually intact dog that is
eight months of age or older that identifies:
(A) The date of birth for the dog or, if the date of birth is
unknown, the date on which the person acquired possession,
control or charge of the dog and the source of the dog;
(B) Any veterinary care provided for the dog; and
(C) The disposition the person makes of each dog possessed by,
controlled by or in the charge of the person, including the date
of disposition, manner of disposition and the name and address
information for any person taking possession, control or charge
of a dog.
(3) A person shall retain a record required under subsection
(2) of this section for a period of three years following the
death of the dog or a date on which the person permanently ceased
to have possession, control or charge of the dog.
(4) Subsections (2) and (3) of this section do not apply to:
(a) An animal control agency, humane society or animal shelter;
(b) A person who provides care for dogs at the request of a
unit of government, government agency, humane society or animal
shelter;
(c) A veterinary facility;
(d) A person that is transporting dogs; or
(e) A boarding kennel.
(5) A violation of this section is a Class B misdemeanor. + }
SECTION 3. { + (1) As used in this section, 'dog' means a
member of the subspecies Canis lupus familiaris or a hybrid of
that subspecies.
(2) A person that possesses, controls or otherwise has charge
of at the same time 75 or more dogs shall have one or more
individuals on site for at least eight hours each day to care for
the dogs. The ratio between dogs and on-site individuals may not
be more than 75 dogs to one individual. + }
SECTION 4. { + (1) As used in this section:
(a) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
(b) 'Pet dealer' means, except as provided in paragraph (c) of
this subsection, a person that sells five or more litters of dogs
during a one-year period.
(c) 'Pet dealer' does not mean an animal control agency, humane
society or animal shelter.
(2) Except as otherwise provided in this section, a pet dealer
shall provide the purchaser of a dog that complies with
subsection (3) of this section with a full refund of the purchase
price for the dog if:
(a) No later than 15 days after purchasing the dog from the pet
dealer the purchaser has the dog examined by a veterinarian and
the examination reveals that the dog is diseased; or
(b) No later than one year after purchasing the dog from the
pet dealer the purchaser has the dog examined by a veterinarian
and the examination reveals that the dog has a congenital
disorder that significantly limits the dog's quality of life.
(3) To qualify for a refund under this section, the purchaser,
no later than four business days after the veterinary examination
that revealed the disease or disorder, must:
(a) Return the dog to the pet dealer;
(b) Provide the pet dealer with a dated written statement by
the examining veterinarian that the dog has a disease or has a
congenital defect; and
(c) Provide the pet dealer with proof of the sale, including
but not limited to, the date of sale.
(4) Upon mutual agreement of the purchaser and pet dealer, the
purchaser may accept a replacement dog instead of a refund.
(5) A purchaser that complies with subsection (2) of this
section may, instead of obtaining a refund, require that the pet
dealer reimburse the purchaser for the cost of veterinary care
provided in connection with the disease or congenital disorder
described in subsection (2) of this section. The duty of the pet
dealer to reimburse the purchaser for the cost of veterinary care
shall be limited to the purchase price of the dog. A purchaser
that agrees to accept reimbursement under this subsection waives
any other claim against the pet dealer for reimbursement of the
cost of veterinary care for the dog.
(6) Notwithstanding subsections (1) to (5) of this section, a
pet dealer is not required to refund the purchase price for a
dog, provide a replacement dog or reimburse the purchaser for
veterinary care if the pet dealer:
(a) At the time of sale made a clear and conspicuous disclosure
in writing, initialed or signed by the purchaser, that disclosed
the disease or disorder; or
(b) Had the dog examined by a veterinarian not more than 14
days prior to the date of sale and the examination did not
disclose the disease or congenital disorder. + }
SECTION 5. { + (1) As used in this section:
(a) 'Dog' means a member of the subspecies Canis lupus
familiaris or a hybrid of that subspecies.
(b) 'Litter' means one or more dogs, sold individually or
together, that are all or part of a group of dogs born to the
same mother at the same time.
(c) 'Retail pet store' means a retail establishment open to the
public that sells or offers to sell dogs.
(d) 'Retail pet store' does not mean a person that sells or
offers to sell only dogs:
(A) That were bred or raised by the person; or
(B) That are kept primarily for the purpose of reproduction.
(2) A retail pet store that offers a dog for sale shall, prior
to accepting an offer to purchase the dog, provide the person
making the offer with the following information, in writing,
regarding the dog:
(a) If known, the breed, age and date of birth for the dog.
(b) The sex and color of the dog.
(c) A list, and accompanying proof, of all inoculations that
have been given to the dog by any person, and the date of those
inoculations.
(d) A list of all medical treatment provided to the dog by any
person, the date or treatment and the reasons for the treatment.
(e) The name and business address of the breeder and of the
facility where the dog was born.
(f) If the breeder holds a license issued by the United States
Department of Agriculture, the breeder's federal identification
number.
(g) The retail price of the dog.
(h) Any congenital disorder or hereditary diseases in the
parents of the dog known to the pet dealer.
(i) If the dog is being sold with the representation that the
dog qualifies for registration with a pedigree organization:
(A) The name and registration numbers of the parents of the
dog; and
(B) The name and address of the pedigree organization with
which the parents of the dog are registered.
(j) If the dog has previously been sold by the retail pet store
and returned by the purchaser, the reason for the return.
(k) A statement in substantially the following form, with the
applicable provision number circled: + }
________________________________________________________________
{ + The facility in which this dog was born has produced:
1. 0 to 2 litters during the one-year period preceding the day
this dog was born.
2. 3 to 10 litters during the one-year period preceding the day
this dog was born.
3. 11 to 39 litters during the one-year period preceding the
day this dog was born.
4. 40 or more litters during the one-year period preceding the
day this dog was born. + }
________________________________________________________________
SECTION 6. { + (1) Section 1 (3) of this 2009 Act applies to
records of events occurring on or after the effective date of
this 2009 Act.
(2) Section 2 (2)(f) of this 2009 Act applies to records of
events occurring on or after the effective date of this 2009 Act.
(3) Section 4 of this 2009 Act applies to dogs sold by a pet
dealer on or after the effective date of this 2009 Act.
(4) Section 5 of this 2009 Act applies to dogs acquired by a
retail pet store on or after the effective date of this 2009
Act. + }
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