Minnesota does have State laws in place, cited below, which deal with certain aspects of animal cruelty, protection and welfare. These laws, however, are frequently misinterpreted. None of these laws give Minnesota the authority to license or regulate dog and cat breeders in Minnesota.

Without State licensing and regulation, Minnesota has no authority to track dog and cat breeders, inspect facilities, set humane breeding and care standards, enforce standards, or impose penalties for failure to meet standards.

Without the law, Minnesota cannot act.

• PREVENTION OF CRUELTY TO ANIMALS
Every state and the District of Columbia have animal anti-cruelty laws. In 2002, Minnesota enacted legislation which also made acts of cruelty to certain animals a felony.

The specific definition of ‘Torture; cruelty” is in Subdivision 3 of Chapter 343.20. It reads: “Torture” or “cruelty” means every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death.” 

The Prevention of Cruelty to Animals Law, while critically important, does not set breeding standards or prevent inhumane dog and cat breeding. Anti-cruelty laws apply after the fact — after the animal cruelty has already occurred.

Dog and cat breeding legislation, if enacted by Minnesota legislators, could establish humane breeding and care standards as well as create State licensing, inspections, enforcement and penalties. The purpose of such legislation is to help protect dogs and cats by setting and enforcing standards before the cruelty occurs.

Law: Minnesota Statutes 2006, Chapter 343
http://www.revisor.leg.state.mn.us/..

Supporting links:

• Baby Steps: Minnesota Raises Certain Forms of Animal Cruelty To Felony Status
  
• Animal Legal and Historical Center
  
• Working Against Cruelty
  

• PET LEMON LAW - Consumer Protection, Products, and Sales
The sale of dogs and cats is subject to consumer protection, known as the Pet Lemon Law. This Minnesota Statute outlines consumer rights and the responsibilities of breeders, brokers and pet dealers. The Board of Animal Health, however, has no authority to enforce civil penalties; consumers must direct violations to an attorney.

As with the Animal Anti-Cruelty Law, the Pet Lemon Law applies after the fact — after a ‘buyer’ gets home and finds they purchased a ‘poor quality, unhealthy’ pet.

Even with this law in place, there are numerous stories throughout Minnesota showing where people, unknowingly, have purchased unhealthy pets. Once they have bonded with this pet, however, most people have no desire to return "it" for a refund.

The purpose of breeder legislation is to give the State of Minnesota the authority to license and regulate the dog and cat breeding industry so standards, inspections and enforcements are created which protects both pets and owners.

• Law: Minnesota Statute, Chapter 325.79-325.792
  
  

• DOG AND CAT KENNEL LICENSES AND KENNEL RULES
This Statute is often misinterpreted. Only animal humane societies, shelters and pounds who take in stray, abandoned animals and are not managed by local municipalities (cities, towns) require a kennel license; breeding kennels do not.

A “kennel,” is defined by Minnesota Statute 347.31, Subd. 2, as: “Any place that obtains dogs or cats from municipalities, pounds or auctions; and/or advertises to receive lost, unwanted, stray, abandoned, or stolen dogs and cats. … Facilities which do not require a Minnesota Kennel License: (2) Breeding and boarding kennels, unless they house stray, abandoned, or unwanted animals as described above.”

One of the purposes of breeder legislation is to close this gap by requiring dog and cat breeders in Minnesota to be licensed. (In breeder legislation proposed, hobby breeders are exempt.)

Law: Minnesota Statutes 2007, Chapter 346.155 http://www.revisor.leg.state.mn.us/...

Supporting Link:
Overview of Law: Minnesota Board of Animal Health

• MINNESOTA DANGEROUS EXOTIC ANIMALS
On January 1, 2005, an ‘Exotic Animal Ownership’ law went into effect in Minnesota. With some exceptions, it prohibits individuals from “purchasing, obtaining, or owning certain exotic animals in Minnesota.” (per Minnesota Board of Animal Health website).    

• Law: Chapter 346.155, effective January 1, 2005
  

• STRAY ANIMALS; COMPANION ANIMALS
Unfortunately, the language within this statute is blurry so commercial breeders and their lawyers have interpreted it to fit their circumstance. For instance, this law states: “Dogs and cats must be provided with food of sufficient quantity and quality.” (The definition of ‘sufficient’ varies.) Or “Confinement areas must be maintained at a temperature suitable for the animal involved.” (The definition of ‘suitable’ varies.) Or “Feeding and water receptacles must be kept clean.” (The definition of ‘clean’ varies.) Or “All dogs and cats must be provided the opportunity for periodic exercise.” (The definition of ‘periodic’ varies.) This law does state: “Exercise for 20 to 30 minutes and water must be provided at least once every eight hours;” however, per the law, this only applies to animals when they are being transported and shipped.

Breeder legislation would close this language loophole and specifically state what is required of breeders so the regulations are clearly understood and properly enforced. S.F. 2292/H.F. 2469, for instance, (this bill was not allowed hearings in all policy committees by the 2008 session duedate; therefore, it did not move forward) would have authorized the Minnesota Board of Animal Health to establish breeding and care standards for dogs and cats; furthermore, it would have authorized the State to license breeders, conduct inspections, enforce of standards, and impose penalties.

Rules, regulations and standards are useless if no State agency is authorized to implement and execute what the law has ordered.

• Law: Minnesota Statutes 2007, Chapter 346
  (Chapter 346.39, Dogs and Cats)
  

• BEST MANAGEMENT STANDARDS FOR CARE OF DOGS AND CATS BY DEALERS
In 1994, the Minnesota legislature ordered the Commissioner of Agriculture to establish best management standards for the care of dogs and cats by dealers, commercial breeders, and brokers. Many of these orders are similar to the MN. Statute 346 above.

Some people have claimed that these standards are ‘good enough’ for breeders and should simply be enforced.

The problem is twofold:
1) These standards are often misinterpreted. The “order” appears in bold text but the actual details, defining the specifics of the order, appear in itallic and are “suggestions and recommendations” only. Breeders are not required, by law, to follow the suggestions; so, they don’t. As with other statutes, the bolded orders use vague language which is interpreted. Examples: “Animals must be provided with adequate shelter…” (“Adequate” is subject to interpretation.) Or “All animals must be provided adequate exercise.” (“Adequate” is subject to interpretation.) Or “Temperature, ventilation, and lighting must be adequate for the type, number, and condition of animals involved.” (“Adequate” is subject to interpretation.)
2) Enforcement is not possible by the State of Minnesota if the State is not authorized to inspect facilities, enforce compliance and impose penalties. Without this authority and without licensing of dog and cat breeders, fees are not collected to pay for resources needed. Also, without law, no State agency is designated as the ‘one agency’ to implement the law. The infrastructure and governance must be in place for enforcement to occur.

Breeder legislation, if enacted by Minnesota legislators, could close this gap by requiring dog and cat breeders in Minnesota to be licensed, and authorizing a state agency, such as the Minnesota Board of Health, to administer the orders.

• Law: Minnesota Law, Chapter 642, Section 8
  
  

OTHER MINNESOTA ANIMAL LAWS

There are other laws relating to animals in Minnesota. The Michigan State University College of Law has profiled these laws for each state. For details, go to:
http://www.animallaw.info/

Examples listed include:
MN - Dangerous - Minnesota Dangerous Dog Definitions, Dog Bites & Rabies Treatments
MN - Assistance Animals/Guide Dog Laws
MN - Dog - Consolidated Dog Laws
MN - Endangered Species Statute and Acquisition of Critical Natural Habitat
MN - Equine Activity Liability Statute
MN - Habitat - Minnesota Environmental Rights Act   
MN - Humane Slaughter - Slaughter of Livestock   
MN - Licenses - Unlicensed dogs
MN - Ordinances - Chanhassen and Minneapolis Animal Control Ordinances   
MN - Ordinances - Interpretation (dog ordinances) 
MN - Ordinances - Town Powers Listed; Formal Name
MN - Veterinary - Chapter 156. Veterinarians. Board of Veterinary Medicine.
MN - Ordinances - What electors may do at annual town meeting