South Dakota Senate Bill 157 seeks to provide additional regulations for commercial breeding operations. The bill will be considered by the Senate Judiciary Committee on Thursday, February 18, 2016. Concerned breeders are encouraged to contact the members of the Senate Judiciary Committee and respectfully express their concerns.
South Dakota law already defines a commercial breeding operation as any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Exceptions include any person who owns or harbors three or fewer unaltered dog or cats for breeding purposes that are at least six months of age is not a commercial breeding operation; any person who sells, exchanges, or leases thirty or fewer dogs or cats in a 12- month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Further, any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.
SB 157 proposes to:
• Define primary enclosure as any structure or device used to restrict a dog or cat to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.
• Clarify when inspections of commercial breeding operations may occur. Specifically, it requires that a verified complaint be made to law enforcement, which must contain factual allegations and the name and address of the reporting party. Upon receipt of a verified report, the state Animal Industry Board, a law enforcement officer, or an agent or officer of a humane society granted authority by a locality to enforce animal control laws will be empowered to enter and inspect a commercial breeding operation within a reasonable time frame.
• Require dogs kept in commercial breeding operations be provided veterinary care reasonably deemed necessary. Further, commercial breeding operations would be required to maintain a written program of veterinary care and to maintain for five years health records for each dog eight weeks of age or older.
• Require that all primary enclosures have solid flooring.
• Prohibit the stacking of primary enclosures in commercial breeder operations, and impose a height limit of 42 inches over which no primary enclosures may be placed.
• Violations of the care standards are Class 1 misdemeanors, subject to up to a $2, 000 fine, imprisonment up to 1 year, or both, per offense.
The American Kennel Club’s Care and Conditions of Dogs Policy serves as the guidance for all AKC registrants in maintaining their dogs and facilities. Its performance-based guidelines are intended to serve as a basic working outline that can be expanded and refined as needed while lending its uniform application. The policy is in addition to standing AKC policy to notify federal, state or local agencies of unsanitary and/or unhealthy conditions found by AKC Executive Field Agents during inspection of kennels; that the US Department of Agriculture (APHIS) will be notified when such conditions prevail at kennels regulated by that department under the provisions of the U.S. Animal Welfare Act; and that other state/local governmental or humane agencies will be notified when such conditions are observed at kennels not regulated by federal law. The AKC encourages the development and maintenance of state policies that complement the Care and Conditions of Dogs Policy.
Those concerned with the provisions of SB 157 are encouraged to contact the members of the South Dakota Senate Judiciary Committee and respectfully express those concerns.
State Senator Craig Teiszen, Committee Chairman – Use this form
State Senator David Novstrup, Committee Vice Chairman – Use this form
State Senator Jim Bradford – Use this form
State Senator Troy Heinert – Use this form
State Senator Jeff Monroe – Use this form
State Senator Arthur Rusch – Use this form
State Senator Mike Vehle – Use this form
For more information, contact AKC’s Government Relations Department at 919-816-3720, or email firstname.lastname@example.org.
South Dakota Senate Bill 157 seeks to provide additional regulations for commercial breeding operations.