There is no State licensing of dog and cat breeders in Minnesota, no State inspections of facilities, and no specific State breeding and care standards.

Minnesota can create change

S.F. 2292/H.F. 2469 (referred to as the puppy/kitten mill bill; highlights are below) was introduced in the 2007-2008 Minnesota legislative sessions. It did not pass.

This is just the beginning, however. A new bill to regulate dog and cat breeders and protect animals from harm will be introduced in the 2009 Minnesota legislative session, with your help.

For reasons why S.F. 2292/H.F. 2469 did not pass, please visit follow the vote. As described below, this bill covers the essential areas for animal protection: Licensing, Standards, Inspections, Enforcement, and Penalties.

KEY HIGHLIGHTS OF LEGISLATION: S.F. 2292/H.F. 2469

The intent of S.F. 2292/H.F. 2469 was to protect dogs, cats, puppies and kittens from inhumane breeding practices and conditions by giving the Minnesota Board of Animal Health (B.A.H.) the authority to regulate the dog and cat breeding industry in Minnesota, or delegate this authority to a city or county.

For a better understanding of inhumane dog and cat breeding, go to issue or resources.

NOTE: S.F. = Senate File; H.F. = House File. This legislation addresses:

• Licensing
S.F. 2292/H.F.2469 requires dog and cat breeders in Minnesota to be licensed. A “breeder” is defined as “a person, other than a hobby breeder, who possesses animals and is engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration, and who possess six or more adult intact female animals for the purpose of breeding.”

NOTE: The above is often misinterpreted. This legislation applies to breeders who “possess six or more adult intact females for the purpose of breeding.” If you have 5 or less adult intact females, it does not apply to you. If you are not in the business of breeding (i.e. you are a dog-musher and breed for mushing, or you show dogs and breed for show) and possess 5 or less adult intact breeding females, this legislation does not apply to you.

REASONING: There is no licensing of dog and cat breeders in Minnesota. As a result, the State cannot track or assess who is breeding what, when, where, how much, and at what cost. With no State licensing, no breeder is held accountable by the State of Minnesota.

• Standards
S.F. 2292/H.F.2469 authorizes the Minnesota Board of Animal Health (through the rulemaking process) to set humane breeding and care standards for dogs and cats.

NOTE: There are no State breeding and care standards for the dog and cat breeding industry. Minnesota has a list of recommendations but nothing which requires breeders to legally follow these recommendations and treat animals humanely. No legal standards means there are no guidelines which would hold up in a court of law. As a result, Minnesota is home to both reputable breeders and unscrupulous breeders.

REASONING: Due to the fact that the ‘product’ in this industry are living animals, lack of standards creates animal neglect, harm and death. S.F. 2292/H.F. 2469 closes the gap between USDA-licensed and non-licensed breeders. USDA-licensed breeders must comply with USDA rules and regulations. A breeder not licensed by the USDA must comply with specific standards of care under the bill. The standards cover food and water, veterinary care, size and construction of confinement areas that house animals, sanitation, temperature, and other requirements. The Board of Animal Health is given the authority to construct the details of the breeding and care standards, with public input.

• Inspections
S.F. 2292/H.F.2469 gives Minnesota the authority to inspect dog and cat breeding facilities, including both State- and USDA-licensed facilities.

NOTE: There are 2.5 USDA inspectors in Minnesota to inspect and regulate approximately 220 USDA-licensed facilities. These inspectors inspect USDA-licensed breeders (dogs, cats, exotics and other animals) as well as exhibitors, dealers, zoos, research laboratories, circuses and animals transported via commercial airlines. Due to limited staffing and from reviewing inspection reports (available through the Freedom of Information Act), the number of inspections are infrequent. The Animal Welfare Act (AWA) does not license breeders who sell directly to the public through the Internet, classified ads, parking lots or other means. Therefore, there are no inspections of breeding facilities that are not required to be USDA-licensed. Commercial breeders are aware of this loophole; some have chosen not to re-new or apply for a USDA license, so avoiding inspection.

REASONING: S.F. 2292/H.F. 2469 closes the AWA loophole. It will allow for additional inspectors and inspections of all breeders (except "hobby breeders"), and will, for the first time, inspect facilities that have gone unchecked.

• Enforcement
S.F. 2292/H.F.2469 gives Minnesota the authority to enforce both State and USDA standards, rules and regulations.

NOTE: There is no State law that gives Minnesota the authority to enforce breeding and care standards.

REASONING: S.F. 2292/H.F.2469 closes the enforcement gap. Upon receiving a complaint, the Minnesota Board of Animal Health, a local animal control authority, peace officer or humane agent will be given the authority to investigate the complaint. Correction orders can be issued, requiring a breeder to correct a violation of federal and state statutes, rules and regulations governing breeding facilities. An order may also be issued to cease a practice if its continuation would result in an immediate risk to animal welfare or public health. The State would have the authority to refuse to reissue a license, suspend or revoke a license if the breeder fails to act on certain orders (i.e. doesn’t comply, doesn’t pay, commits felony cruelty), as defined in the law.

• Penalties
S.F. 2292/H.F.2469 imposes civil and criminal penalties for violations.

REASONING: S.F. 2292/H.F.2469 creates misdemeanors for specific violations committed by unscrupulous dog and cat breeders. It also imposes administrative penalties, such as a maximum of $10,000 for a single correction order.

TIP: For those who want to talk about this legislation with others, an easy way to remember the above five points is with the acronym L.I.V.E.S., as in ‘animal lives’. L = Licensing; I = Inspections; V = Violations (penalties for violations); E = Enforcement; and S = Standards.

Full text of legislation: S.F. 2292/H.F. 2469

The full text of S.F. 2292/H.F. 2469 (from the Office of the Revisor of Statutes) can be found here. (Available as a pdf on the site.)

The Minnesota state constitution limits the Legislature to meeting 120 legislative days during each biennium. The 2007-2008 was a biennial session; therefore, a new bill will be introduced in the 2009 legislative session.