HOUSE BILL No. 6562

 

November 10, 2010, Introduced by Rep. Miller and referred to the Committee on Agriculture.

 

     A bill to regulate large-scale commercial breeding kennels; to

 

provide for the promulgation of rules; to provide for exceptions;

 

and to provide for penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "puppy

 

protection act".

 

     Sec. 3. As used in this act:

 

     (a) "Adequate food and water" means the consumption of

 

sufficiently nutritious food at least once a day to maintain a

 

state of good health and access to regularly available potable

 

water that is not frozen and is free of debris, feces, and other

 

contaminants. Both the food and water provided to a dog shall be

 

suitable for the age and species of the dog.

 

     (b) "Adequate housing" means either of the following:


 

     (i) A housing facility that does all of the following:

 

     (A) Is structurally sound.

 

     (B) Is maintained in good repair to protect a dog from injury.

 

     (C) Contains a dog and restricts the entrance of other dogs.

 

     (ii) A primary enclosure that does all of the following:

 

     (A) Has a solid floor or a slatted floor with gaps of no more

 

than 1/2 inch between the slats.

 

     (B) Is not stacked or otherwise placed on top of or below

 

another dog's or animal's primary enclosure.

 

     (C) Allows a dog room to turn and stretch freely and to fully

 

extend all limbs.

 

     (D) Is placed no higher than 42 inches above the floor.

 

     (c) "Adequate rest between breeding cycles" means, at a

 

minimum, ensuring that a dog is not bred to produce more than 1

 

litter in any 12-month period of time.

 

     (d) "Adequate sanitary conditions" means space free from

 

health hazards, including, but not limited to, excessive waste,

 

overcrowding, or other conditions that endanger a dog's health.

 

     (e) "Adequate shelter from elements" means, at a minimum and

 

based upon the age, species, and physical condition of a dog,

 

adequate protection from heat and cold and from the elements and

 

weather conditions so as to maintain the dog in a state of good

 

health and safety, including an environment that does not fall

 

below 50 degrees Fahrenheit or rise above 85 degrees Fahrenheit.

 

     (f) "Adequate veterinary care" means, at a minimum, all of the

 

following:

 

     (i) An examination at least once every year by a licensed


 

veterinarian.

 

     (ii) Prompt treatment of any significant illness or injury by a

 

licensed veterinarian.

 

     (iii) When necessary, humane euthanasia that is performed only

 

by a licensed veterinarian using techniques identified as

 

acceptable by the American veterinary medical association and that

 

is in accordance with applicable federal and state laws.

 

     (g) "Animal control shelter" means that term as defined in

 

section 1 of 1969 PA 287, MCL 287.331.

 

     (h) "Animal protection shelter" means that term as defined in

 

section 1 of 1969 PA 287, MCL 287.331.

 

     (i) "Director" means the director of the department of

 

agriculture or his or her authorized representative.

 

     (j) "Dog" means an animal of the species canis familiaris or

 

canis lupus familiaris who is over 4 months of age and has intact

 

sexual organs.

 

     (k) "Fully extend all limbs" means fully extending all limbs

 

while lying down without touching the side of a primary enclosure

 

or another dog.

 

     (l) "Housing facility" means a room, building, or area used to

 

contain a primary enclosure.

 

     (m) "Intact dog" means a dog with intact sexual organs.

 

     (n) "Large-scale commercial breeding kennel" means a kennel

 

where more than 10 litters of puppies are produced for sale as pets

 

in a calendar year.

 

     (o) "Licensed veterinarian" means a person licensed to

 

practice veterinary medicine under article 15 of the public health


 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (p) "Person" means an individual, firm, partnership, joint

 

venture, association, limited liability company, corporation,

 

estate, trust, receiver, or syndicate.

 

     (q) "Pet shop" means that term as defined in section 1 of 1969

 

PA 287, MCL 287.331.

 

     (r) "Primary enclosure" means a structure used to immediately

 

restrict 1 or more dogs to a limited amount of space and includes,

 

but is not limited to, a pen, run, cage, or compartment.

 

     (s) "Regular exercise" means, at a minimum, 1 exercise period

 

during each day for a total of not less than 1 hour for each dog,

 

and includes the removal from the dog's primary enclosure allowing

 

the dog free mobility for the entire exercise period by either

 

leash-walking or giving the dog access to a space that is at least

 

4 times the size of the minimum requirements of the primary

 

enclosure, but shall not include the use of a treadmill, jenny

 

mill, slat mill, or similar device, unless prescribed by a doctor

 

of veterinary medicine to address a specific medical condition.

 

     (t) "State of good health" means freedom from disease and

 

illness, and in a condition of proper body weight and temperature

 

for the age and species of the dog, unless the dog is undergoing

 

appropriate treatment.

 

     (u) "Turn and stretch freely" means the ability of a dog,

 

without touching the side of a primary enclosure, to sit and stand

 

on all 4 legs and turn in a complete circle without any impediment,

 

including a tether.

 

     Sec. 5. Notwithstanding any other provision of law and subject


 

to section 9, a person who operates a large-scale commercial

 

breeding kennel shall not produce more than 10 litters of puppies

 

for sale as pets in a calendar year unless the dogs in the large-

 

scale commercial breeding kennel are provided with all of the

 

following:

 

     (a) Adequate housing.

 

     (b) Adequate sanitary conditions.

 

     (c) Sufficient room for each dog to turn and stretch freely in

 

its primary enclosure.

 

     (d) Adequate food and water.

 

     (e) Regular exercise.

 

     (f) Adequate veterinary care.

 

     (g) Adequate rest between breeding cycles.

 

     (h) Adequate shelter from the elements.

 

     Sec. 7. Notwithstanding any other provision of law and subject

 

to section 9, a person shall not own, possess, control, or

 

otherwise have charge or custody of more than 50 intact dogs over

 

the age of 4 months at any time.

 

     Sec. 9. The provisions of this act do not apply to any of the

 

following:

 

     (a) During the lawful examination, testing, operation, or

 

other individual treatment of a dog for veterinary purposes.

 

     (b) During the transportation a dog.

 

     (c) Pet shops.

 

     (d) Animal control shelters.

 

     (e) Animal protection shelters.

 

     (f) Scientific research conducted using a dog under 1969 PA


 

224, MCL 287.381 to 287.395.

 

     (g) Scientific research conducted using a dog under sections

 

2226, 2671, 2676, and 7333 of the public health code, 1978 PA 368,

 

MCL 333.2226, 333.2671, 333.2676, and 333.7333.

 

     Sec. 11. A person who violates any provision of this act is

 

guilty of a misdemeanor punishable by 1 or more of the following:

 

     (a) Imprisonment for not more than 180 days.

 

     (b) A fine of not more than $1,000.00.

 

     (c) Suspension of the person's large-scale commercial breeding

 

kennel license for a period of not less than 1 year.

 

     Sec. 13. The director may promulgate rules in accordance with

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, to govern the handling of dogs by large-scale commercial

 

breeding kennels and to promote the health, safety, and well-being

 

of dogs in large-scale commercial breeding kennels.

 

     Sec. 15. The provisions of this act are in addition to, and

 

not in lieu of, any other laws protecting animal welfare. This act

 

shall not be construed to limit any other state law or rules

 

protecting the welfare of animals. This act shall not prevent a

 

local unit of government from adopting and enforcing local

 

ordinances or charter provisions relating to animal welfare.

 

     Enacting section 1. This act takes effect January 1, 2012.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No.____ or House Bill No. 6561(request no. 07553'10) of

 

the 95th Legislature is enacted into law.