A. No dealer, commercial dog breeder, or cat breeder shall import for sale, sell, or offer for sale, including sale for experimental purposes, any dog or cat bred by a person who has received from the U.S. Department of Agriculture, pursuant to enforcement of the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder, (i) a citation for a direct or critical violation or citations for three or more indirect or noncritical violations for at least two years prior to the procurement of the dog or cat or (ii) two consecutive citations for no access to the facility prior to the procurement of the dog or cat.

Attorney's Note

Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 12 monthsup to $2,500
For details, see Va. Code § 18.2-11

Terms Used In Virginia Code 3.2-6511.2

  • Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
  • Commercial dog breeder: means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring provided that a person who breeds an animal regulated under federal law as a research animal shall not be deemed to be a commercial dog breeder. See Virginia Code 3.2-6500
  • Dealer: means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. See Virginia Code 3.2-6500
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Facility: means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. See Virginia Code 3.2-6500
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500

B. No person shall serve as an owner, director, officer, manager, operator, member of staff, or animal caregiver for a dealer, commercial dog breeder, or cat breeder if such person has been convicted of a violation of § 3.2-6570.

C. Any person violating any provision of this section is guilty of a Class 1 misdemeanor for each dog or cat imported, sold, or offered for sale.

D. As used in this section, “dealer,” “commercial dog breeder,” or “cat breeder” includes any person or entity that breeds dogs or cats regulated under federal law as research animals.

2020, c. 569; 2021, Sp. Sess. I, c. 339; 2022, cc. 94, 95.