SB1223 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 44-1799.08, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.08. Violation; civil penalties; enforcement actions; injunctive relief

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars $1,000 per violation. This state or a city, town or county may enforce this article.

B. In an action brought by a city, town or county to enforce an ordinance against A pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of section 44-1799.10, subsection A or B or who should have known the dog or cat was obtained for sale or resale in violation of section 44-1799.10, subsection A or B, the pet store or pet dealer is subject to the following penalties:

1. For a first violation, a civil penalty of not more than one thousand dollars $1,000 per violation.

2. For a second violation within a five-year period, a civil penalty of not more than two thousand five hundred dollars $2,500 per violation.

3. For a third or subsequent violation within a five-year period:

(a) A civil penalty of not more than five thousand dollars $5,000 per violation.

(b) An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

C. In an action brought to enforce section 44-1799.10, subsection A or B:

1. A violation is a subsequent violation if it occurs within a five-year period after a final judgment or order that the pet store or pet dealer knowingly violated section 44-1799.10, subsection A or B or should have known of the previous violation.

2. In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in section 44-1799.10, subsection A if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

3. 2. Each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale shall be considered a single act, regardless of the number of dogs or cats obtained in the order.

D. A person in this state may seek injunctive relief in a court of local jurisdiction against a pet store or pet dealer that is in violation of section 44-1799.10, subsection A or B.

D. E. This section does not prohibit prosecution for criminal violations. END_STATUTE

Sec. 2. Section 44-1799.10, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.10. Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping; display of animal information

A. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) if any of the following applies:

1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

2. Within two years before obtaining the dog or cat, the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

3. The person receives an indirect, no access violation on each of the two most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

4. The person commits three or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two-year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph 3 of this subsection.

B. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection A of this section. A pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection A of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

C. Notwithstanding subsections A and B of this section, a pet store or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

D. A pet store or pet dealer shall maintain submit to the Arizona department of agriculture all records, verifying its compliance with this section for at least two years after obtaining the dog or cat to be sold or offered for sale including inspection reports that are related to the acquisition of a dog or cat from a person described in subsection A of this section. Records maintained submitted pursuant to this subsection shall be open to inspection on request by a municipal or county peace officer or enforcement official made available on request.

E. A pet dealer shall display the source of any dog or cat offered for sale by providing the name of the breeder of the animal, the United States department of agriculture license number of the breeder if the animal is from a breeder that is licensed by the United States department of agriculture and the United States department of agriculture website where information about the breeder may be obtained. The pet dealer shall display the information described in this subsection on both of the following:

1. The cage or enclosure for each animal.

2. All printed or electronic marketing materials about a specific dog or cat that has been obtained by the pet dealer and that is being offered for sale. END_STATUTE

Sec. 3. Section 44-1799.11, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.11. Pet dealer regulation; state preemption

The regulation of pet dealers is a matter of statewide concern. except that this state or a city, town or county may enforce section 44-1799.10 against a pet store or pet dealer. A city, town or county may enact or enforce an ordinance to enforce section 44-1799.10 against a pet store or pet dealer. Any local law, rule, regulation or ordinance that imposes requirements on pet dealers that exceed the requirements of section 44-1799.10 or penalties prescribed by section 44-1799.08 is preempted. Any local law, rule, regulation or ordinance may not directly or indirectly prohibit or be applied to prohibit the sale of dogs or cats by a pet store or pet dealer, expressly or in effect, based on the source from which the animal is obtained if obtained in compliance with section 44-1799.10. END_STATUTE