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2023 SESSION

23103333D
HOUSE BILL NO. 1985
Offered January 11, 2023
Prefiled January 10, 2023
A BILL to amend the Code of Virginia by adding a section numbered 3.2-6511.3, relating to pet shops; sale of dogs or cats.
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Patron-- Kory
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 3.2-6511.3 as follows:

§ 3.2-6511.3. Pet shops; sale of dogs or cats; regulations and guidance.

A. For purposes of this section:

"Pet shop" means any retail, commercial, private, or for-profit establishment where dogs or cats are bought, sold, exchanged, or offered to the public. "Pet shop" does not include a breeder, dealer, public or private animal shelter, home-based rescue, or residential establishment. Each location constitutes a separate pet shop.

B. Each pet shop shall register with the Department using a form developed by the State Veterinarian and pay an annual fee of $250 to the Department. A pet shop in existence on July 1, 2023, shall submit such registration by January 1, 2024. Such registration shall be displayed in a location that is visible to the public.

A pet shop that fails to comply with this subsection shall, upon written warning from the Department, have a probationary period of 30 calendar days within which it must register with the Department. If the pet shop fails to register by the conclusion of the probationary period, the pet shop shall be prohibited from selling dogs or cats in the Commonwealth.

C. No pet shop shall offer for sale, whether free or for a cost, any dog or cat to any research facility.

D. Each pet shop shall provide for each dog or cat:

1. Adequate feed; adequate water; adequate shelter that is properly cleaned; adequate space in the primary enclosure for the particular breed of dog or cat depending upon its age, size, and weight; adequate exercise; adequate care, treatment, and transportation; and veterinary care when needed to prevent suffering or disease transmission; and

2. Any other standards of care established by the Department.

E. Each pet shop shall be subject to at least one unannounced annual inspection of dogs and cats during business hours by the Inspector pursuant to § 3.2-6501.1. The pet shop shall grant the Inspector access to the entire pet shop and furnish any records requested during such inspection. Each pet shop shall be inspected for compliance with this chapter and regulations promulgated by the Department.

F. If the Inspector identifies any violations during the inspection conducted pursuant to subsection E, the Inspector shall provide the pet shop written notification within a reasonable time after the inspection of the pet shop. The pet shop shall remedy such noncompliance to the satisfaction of the Inspector as soon as practicable after receiving such notice. Such notification shall include a copy of the inspection report and an explanation of the cited noncompliance. If the pet shop is not able to correct the cited noncompliance, then a probationary period shall commence in a manner established by the Department.

Upon gross, repeated violations or any noncompliance not corrected during a probationary period, the Department may revoke a pet shop's registration following reasonable notice to the registration holder and an opportunity for an informal fact-finding proceeding pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2. If the Department revokes a pet shop's registration, the pet shop shall not sell dogs or cats in the Commonwealth and shall post publicly visible signage provided by the Department. The revocation of registration shall remain in effect until the pet shop corrects the noncompliance to the satisfaction of the Inspector.

The Department may immediately temporarily suspend a pet shop's registration whenever the Department has reason to believe that an animal health hazard exists or is imminent or when a pet shop willfully refuses to permit authorized inspection. If the Department suspends a pet shop's registration, the pet shop shall not sell dogs or cats in the Commonwealth and shall post publicly visible signage provided by the Department. The revocation of registration shall remain in effect until the pet shop corrects the noncompliance to the satisfaction of the Inspector.