Ohio House Bill 124, which also has a companion in the Senate (SB 95) sets licensing and insurance requirements for dog breeding kennels. The bills also provide pet store warranty provisions on dog sales.

HB 124 is set to be heard before the House Committee on Agriculture & Natural Resources on May 27, 2009 (Hearing Room 18 at 9:30 a.m.). SB 95 currently sits in the Senate Committee on State and Local Government & Veterans Affairs, awaiting its first committee hearing.

HB 124 defines a “regulated dog-breeding kennel” as “an establishment that keeps, houses, and maintains adult breeding dogs that produce either at least nine litters of puppies or at least 40 puppies in any given calendar year and, in return for a fee or other consideration, sells, exchanges, or leases adult dogs or puppies”.

Insurance Requirements
This bill requires that each regulated dog breeding kennel submit to the director an application for a regulated dog breeding kennel license along with evidence of insurance, or evidence of a surety bond payable to the authority.

Licensing Requirements
No dog-breeding kennel would be allowed to operate without a kennel license. NOTE: newly established breeding kennels must submit an application for a license 90 days before the operation is set to open. Breeding kennels already in operation will have three months after the passage of this bill to obtain a
license.

NOTE: The owner of a boarding kennel also must register with the kennel control authority by paying an annual fee of $50. This legislation defines a “boarding kennel” as “an establishment operating for profit that keeps, houses, and maintains dogs solely for the purpose of providing shelter, care, and feeding of the dogs in return for a fee or other consideration.”

A long list of standards is provided for people operating a dog breeding kennel ranging from enclosure requirements to care standards and veterinary care.
Kennels are subject to at least one biennial inspection. If violations are found kennel operators will be given the opportunity to remedy the violation in a certain amount of time. If the violation is not remedied a license may be revoked and operators may face civil penalties of up to $15000.

Pet Store Warranty Provision
HB 124 and SB 95 slide in pet store warranty provisions at the end of these bills. Any pet store that sells dogs must provide purchasers of dogs with the following information at the time of sale:

• A certificate of medical health completed by a veterinarian stating that the dog has been examined and there is no evidence of disease, illness, or injury at the time of the examination;

• The name, complete address, and telephone number of the breeder that bred the dog, the regulated dog breeding kennel where the dog was kept, housed, and maintained, and the regulated dog intermediary from whom the pet store acquired the dog, as applicable; and

• A money-back guarantee that is valid for up to 21 days after the date of purchase of the dog. The guarantee will allow the purchaser of the dog to receive the purchase price of the dog from the pet store within that 21day period if the purchaser presents a statement to the pet store from a veterinarian who has examined the dog within 14 days of the purchase of the dog that the dog has a significant disease, illness, or injury that was in existence at the time of the purchase of the dog.

Pet stores will be required to post written notice, in at least 18-point font, of the pet store's responsibility in a conspicuous location near the pet store's cash register. The telephone number and the address of the kennel control authority must also be provided.

Any pet store found in violation with respect to the sale of a dog or a pet store that fails to refund the purchase price of a dog is liable to the purchaser of the dog for an amount that is equal to the actual damages incurred by the purchaser within one year after the date of the purchase of the dog, except veterinary expenses of up to $500. The pet store also is liable for any attorney's fees and costs incurred
by the purchaser. In addition, the buyer of the dog may keep the dog.

For the full text of the PIJAC PetAlert, visit www.pijac.org.