Ohio Code 956.041 – Purchases from out-of-state dog breeders
(A) As used in this section, “out-of-state dog breeder” means a dog breeder located outside of this state that, if located in this state, would be a high volume breeder.
Terms Used In Ohio Code 956.041
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Dog broker: means a person who buys, sells, or offers to sell dogs at wholesale for resale to another or who sells or gives one or more dogs to a pet store annually. See Ohio Code 956.01
- High volume breeder: means an establishment that keeps, houses, and maintains six or more breeding dogs and does at least one of the following:
(1) In return for a fee or other consideration, sells five or more adult dogs or puppies in any calendar year to dog brokers or pet stores;
(2) In return for a fee or other consideration, sells forty or more puppies in any calendar year to the public; or
(3) Keeps, houses, and maintains, at any given time in a calendar year, more than forty puppies that are under four months of age, that have been bred on the premises of the establishment, and that have been primarily kept, housed, and maintained from birth on the premises of the establishment. See Ohio Code 956.01
- Pet store: means an individual retail store to which both of the following apply: the store sells forty or more puppies or adult dogs in any calendar year to the public; and with regard to the sale of a dog from the store, the sales person, the buyer of a dog, and the dog for sale are physically present during the sales transaction so that the buyer may personally observe the dog and help ensure its health prior to taking custody. See Ohio Code 956.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) A dog broker or the owner or operator of a pet store that seeks to purchase a dog from an in-state high volume breeder or out-of-state dog breeder, prior to completing the transaction, shall request the breeder to sign a document prescribed and provided by the director of agriculture. The document shall state that the in-state high volume breeder or out-of-state dog breeder is in compliance with the standards of care established in rules adopted under section 956.03 and in section 956.031 of the Revised Code. The broker or owner or operator shall keep and maintain the signed document. If the in-state high volume breeder or out-of-state dog breeder does not provide the signed document, the broker or owner or operator shall not purchase the dog.
The broker or owner or operator shall allow the director to inspect the signed document during normal business hours. With respect to a pet store, the requirements established under this section are in addition to the requirements established under section 956.20 of the Revised Code.
(C) No dog broker or owner or operator of a pet store shall knowingly sell a dog unless the broker or owner or operator has obtained a signed document with respect to the dog as required under division (B) of this section. The director shall not assess a civil penalty under section 956.13 of the Revised Code against a dog broker or the owner or operator of a pet store for a violation of this division if the broker or owner or operator has obtained such a document with regard to the dog.
(D) The director shall adopt rules in accordance with Chapter 119 of the Revised Code that establish requirements and procedures governing the administration and enforcement of this section.