Ohio’s High Volume Dog Breeding definitions
Definitions are important in understanding Ohio’s puppy mill laws because only those establishments or individuals who satisfy the definitions of a “High Volume Breeder” or “Dog Broker” or “Pet Store” are subject to the Ohio laws that license and regulate the commercial dog breeding industry.
What is a High Volume Breeder?
“High Volume Breeder” means an establishment that keeps, houses, and maintains 6 or more breeding dogs (unsprayed adult females used for breeding) AND
does at least one of the following:
1) Sells 5 or more adult dogs and puppies in any calendar year to dog brokers (retailers) or pet stores;
2) Sells 40 or more puppies in any calendar year to the public;
3) Keeps on the premises at any given time in a calendar year more than 40 puppies that are under 4 months of age that have been bred and kept on those premises.
Brief Summary of High Volume Breeder Requirements
Licensing
High Volume Breeders (HVB) must be licensed by the Ohio Department of Agriculture (ODA). This includes out of state breeders doing business in Ohio. In order to be licensed, the breeder must complete an application, which includes a background check to assure that the breeder has not had any convictions or guilty pleas to any offenses relating to domestic animals or domestic violence.
The breeder is required to pay an annual fee for the license based on the anticipated number of dogs/puppies the breeder expects to sell in the upcoming year. The annual fees range from $150.00 for at least 40 puppies through $750.00 for 351 or more puppies.
Standards of Care
High Volume Breeders must comply with requirements governing housing, socialization, nutrition, exercise, grooming, health care, biosecurity, disease control, waste management, whelping, and transportation.
Recordkeeping
High Volume Breeders are required to keep and maintain accurate records that are subject to inspection by the director of agriculture.
All adult dogs or puppies 16 weeks of age or older in the possession of a high volume breeder or dog broker/retailer licensee, and any adult dog or puppy removed from the premises, shall be identified by either:
(1) An official USDA identification tag or Ohio department of agriculture approved identification tag affixed to the adult dog or puppy's neck by means of a collar made of appropriate material so as not to cause distress to the adult dog or puppy,
(2) A distinctive and legible tattoo marking; or,
(3) A microchip.
Records of adult dog and puppy movement from the premises of high volume breeder and dog broker/retailer licensees shall be kept on the USDA/APHIS (animal plant health inspection service) form.
Unweaned puppies need not be individually identified while they are maintained as a litter with their dam in the same primary enclosure, provided the dam has been individually identified.
Unweaned puppies shall be identified on a cage card that contains the following:
(1) The mother's USDA identification number, if available;
(2) The puppy's individual serial number, if available;
(3) The date of birth;
(4) The sex; and,
(5) Any other information deemed necessary by the veterinarian.
Weaned puppies, less than 16 weeks of age, shall be identified by:
(1) An official tag affixed to the puppy's neck as provided above;
(2) A distinctive and legible tattoo;
(3) A plastic-type collar with the information required for an official tag; or,
(4) A microchip.
Accurate and complete records must be separately maintained by the licensee and shall be made available to an inspector of the ODA upon request. The records must contain:
(1) An accurate description of the adult dog or puppy;
(2) The official identification required (see above);
(3) How, where, from whom, and when the adult dog or puppy was obtained;
(4) The age of the adult dog or puppy;
(5) The kennel's health plans as required by in the Ohio Administrative Code rules; and,
(6) The proof of insurance or surety bond required for high volume breeder licensees.
Records must be:
(1) Kept at the facility at which the adult dog or puppy is housed; and,
(2) Retained for one year past the date the adult dog or puppy has left the facility.
An in-state broker/retailer shall provide the purchaser of an adult dog or puppy one of the following:
(1) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy;
(2) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society; or,
(3) A valid health certificate from the state of origin of the adult dog or puppy.
An out-of-state broker/retailer conducting business in Ohio shall provide the purchaser of an adult dog or puppy the following:
(1) A valid health certificate from the state of origin of the adult dog or puppy; and,
(2) One of the following:
(a) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy; or,
(b) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society.
Inspections
At least once a year, the Ohio director of agriculture (or representative) will inspect a high volume breeder to ensure compliance with the HVB law and rules, including the standards of care. Inspections are conducted during regular business hours and without notice. If no one has authority to allow access to the kennels when the inspector arrives, the inspector postpones the inspection. Failure to comply with the inspection may result in suspension or revocation of the breeder’s license. The director of agriculture has the authority to obtain a search warrant, if necessary, to conduct an inspection to investigation.
Enforcement
If the director determines that the high volume breeder or dog broker is keeping a dog in a manner that substantially violates the high volume breeder rules or laws, the director may seize the dog and order it be maintained by a rescue, shelter, or veterinarian. Five days later a hearing is held at which the director determines whether the dog should be permanently relinquished. The director’s decision may be appealed in the Franklin County Municipal Court (environmental division). If the Court also determines that the dog should be permanently relinquished, it may then be placed up for adoption.
Civil penalties
The director of agriculture, after providing an opportunity for a hearing, may assess a civil penalty against a person who has violated or is violating the high volume breeder law or rules. The penalties are: 1) $2,500 for 1st violation, $5,000 for 2nd violation, and $10,000 for 3rd or subsequent violations. Each day that a violation continues constitutes a separate violation. Civil penalties are paid to the department of agriculture, and the money is then paid to the state treasury for deposit in the high volume breeder kennel control license fund.
Injunctions
The attorney general, upon the request of the director of agriculture, may bring an action for injunction against a person who has violated or is violating the high volume breeder law or rules. The action for injunction is filed in the county in which the violation has occurred. The court will grant injunctive relief upon a showing that the person against whom the action is brought has violated or is violating the high volume breeder law or rules.
What is a Qualified Breeder?
A “Qualified Breeder” is either of the following:
1) a breeder that keeps female dogs, but does not meet the definition of a “high volume breeder,” or
2) a high volume breeder (see above) in or out of the state of Ohio who meets the following requirements:
a) is licensed by the USDA and Ohio;
b) has not been issued a report of direct non-compliance* by the USDA for the
past 3 years;
* “direct” non-compliance violation refers to a violation that currently has a serious or
severe adverse effect on the health or well -being of the animal.
c) has not had 3 or more non-compliance violations with the USDA in the past 12 mos.; and
d) has been issued an Ohio broker’s license.
Please note that unless a “qualified breeder” also meets the definition of a “high volume breeder”, he/she does not have to meet the standards required of high volume breeders. This is important because pet stores can purchase dogs/puppies from “qualified breeders”.
What is a Dog Broker?
A “Dog Broker” is someone 1) who buys or sells dogs at wholesale for resale or 2) who sells or gives dogs to a pet store. A “Dog Broker” is sometimes referred to as a “Retailer”. Brokers/retailers are middlemen who make money buying dogs from the breeder and selling them to the public or pet stores. Most high volume breeders are also brokers.
Summary of Rules for Dog Brokers
Licensing
No person shall act as or perform the functions of a dog broker in Ohio without a dog broker license issued by the director of agriculture. The application fee is $500.00 and must be renewed annually.
Record Keeping
No dog broker shall negligently sell, deliver, barter, auction, broker, give away, or transfer a dog to a pet store without the records required under this rule.
All dog brokers must document the following information, if applicable:
(1) The name and address of the animal rescue, animal shelter, humane society, dog broker, or qualified breeder which supplied the dog;
(2) The date that the pet store took possession of the dog;
(3) The breed, gender, color, and any identifying marks of the dog;
(4) The dog's birth date, if known;
(5) The permanent implanted identification microchip number as required by the Ohio Administrative Code; and
(6) The certificate of veterinary inspection that accompanied the dog.
If the dog was acquired from a qualified breeder or dog broker, then the dog broker must also document the following information:
(1) The Ohio high volume dog breeder license number issued to the breeder by the department of agriculture;
(2) The USDA license number of the breeder that bred the dog;
(3) A copy of the most current USDA inspection report for the breeder;
(4) The Ohio dog broker license number issued to the broker by the department;
(5) A document signed by the dog broker certifying that all information required to be provided to the person acquiring the dog is accurate.
Dog brokers are not required to submit these records to the director, but the records must be made available to the director for review and copy upon request.
Recordkeeping and Identification
All adult dogs or puppies 16 weeks of age or older in the possession of a high volume breeder or dog broker/retailer licensee, and any adult dog or puppy removed from the premises, shall be identified by either:
(1) An official USDA identification tag or Ohio department of agriculture approved identification tag affixed to the adult dog or puppy's neck by means of a collar made of appropriate material so as not to cause distress to the adult dog or puppy,
(2) A distinctive and legible tattoo marking; or,
(3) A microchip.
Records of adult dog and puppy movement from the premises of high volume breeder and dog broker/retailer licensees shall be kept on the USDA/APHIS (animal plant health inspection service) form.
Unweaned puppies need not be individually identified while they are maintained as a litter with their dam in the same primary enclosure, provided the dam has been individually identified.
Unweaned puppies shall be identified on a cage card that contains the following:
(1) The mother's USDA identification number, if available;
(2) The puppy's individual serial number, if available;
(3) The date of birth;
(4) The sex; and,
(5) Any other information deemed necessary by the veterinarian.
Weaned puppies, less than 16 weeks of age, shall be identified by:
(1) An official tag affixed to the puppy's neck as provided above;
(2) A distinctive and legible tattoo;
(3) A plastic-type collar with the information required for an official tag; or,
(4) A microchip.
Accurate and complete records must be separately maintained by the licensee and shall be made available to an inspector of the ODA upon request. The records must contain:
(1) An accurate description of the adult dog or puppy;
(2) The official identification required (see above);
(3) How, where, from whom, and when the adult dog or puppy was obtained;
(4) The age of the adult dog or puppy;
(5) The kennel's health plans as required by in the Ohio Administrative Code rules; and,
(6) The proof of insurance or surety bond required for high volume breeder licensees.
Records must be:
(1) Kept at the facility at which the adult dog or puppy is housed; and,
(2) Retained for one year past the date the adult dog or puppy has left the facility.
An in-state broker/retailer shall provide the purchaser of an adult dog or puppy one of the following:
(1) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy;
(2) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society; or,
(3) A valid health certificate from the state of origin of the adult dog or puppy.
An out-of-state broker/retailer conducting business in Ohio shall provide the purchaser of an adult dog or puppy the following:
(1) A valid health certificate from the state of origin of the adult dog or puppy; and,
(2) One of the following:
(a) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy; or,
(b) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society.
What is a Pet Store?
A "Pet store" is an individual retail store which sells dogs to the public, AND
when a dog is sold from the store, the sales person, the buyer of a dog, and the dog for sale are physically present during the sales transaction. This enables the buyer to personally observe the dog and help ensure its health prior to taking custody.
Pet Stores in Ohio
Animal rescues for dogs, an animal shelters for dogs, a humane societies, medical kennels for dogs, or a research kennels for dogs are not considered “Pet Stores” under the law.
Regulation of Pet Stores
The law says that the regulation of pet stores is a matter of “general statewide interest that requires statewide regulation. This preempts any local ordinance, resolution, or other law adopted to regulate the sale, delivery, barter, auction, broker, or transfer of a dog to a person from a pet store.” So that means no local rules regulating which dogs pet stores can or can’t sell be sold in pet stores.
Pet Store License
Pet stores can’t sell dogs in Ohio without a license. The director of agriculture will issue a license when the pet store owner or operator does the following:
(1) Applies for a license in accordance with the rules.
(2) Affirms in writing that the owner or operator will maintain compliance with requirements established by law.
(3) Submits a pet store license a fee of $500.00.
Pet Store licenses must be renewed annually.
The director of agriculture may deny, suspend, or revoke a license for a violation of the rules. The denial, suspension, or revocation of a license is not effective until the licensee is given written notice of the violation, a reasonable amount of time to correct the violation, if possible, and an opportunity for a hearing. The director also may refuse to issue a license if the applicant has violated the rules.
Rules for Dogs Sold, etc. from Pet Stores
Permitted sources of dogs:
Pet stores must obtain their dogs from the following sources:
(1) An animal rescue for dogs;
(2) An animal shelter for dogs;
(3) A humane society;
(4) A dog broker, provided that, if the dog broker originally obtained the dog from a breeder, the breeder is a qualified breeder;
(5) A qualified breeder. *
* qualified breeder – Please see “Ohio puppy mill definitions”
Pet Stores can’t sell:
(1) A dog that is less than 8 weeks old;
(2) A dog without a health certificate signed by an accredited veterinarian;
(3) A dog that does not have a permanent implanted identification microchip that is approved for use by the director of agriculture;
(4) A dog to a person who is younger than 18 years of age as verified by valid photo identification;
(5) A dog acquired from a qualified breeder* or a dog broker unless the owner, manager, or employee provides to the person buying the dog, at a time prior to the purchase, a written certification that includes all of the following information:
* qualified breeder – Please see “Ohio puppy mill definitions”
(a) The name of the breeder that bred the dog;
(b) The address, if available, of the breeder that bred the dog;
(c) The USDA license number of the breeder that bred the dog, if applicable, and a copy of the most current USDA inspection report for the breeder;
(d) The dog's birth date, if known;
(e) The date that the pet store took possession of the dog;
(f) The breed, gender, color, and any identifying marks of the dog;
(g) A document signed by an accredited veterinarian that describes any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of examination;
(h) A document signed by the owner, manager, or employee of the pet store certifying that all information required to be provided to the person acquiring the dog is accurate.
(6) A dog acquired from a qualified breeder* or a dog broker unless all of the following information regarding the dog is available to the general public at the pet store:
* qualified breeder – Please see “Ohio puppy mill definitions”
(a) The name of the breeder that bred the dog;
(b) The address, if available, of the breeder that bred the dog;
(c) The USDA license number of the breeder that bred the dog, if applicable;
(d) The dog's birth date, if known;
(e) The breed of the dog.
No owner, manager, or employee of a pet store shall recklessly alter or provide false information on a certification.
Civil Penalties for Pet Stores
The director of agriculture, after providing an opportunity for a hearing, may assess a civil penalty against a person who has violated or is violating the Pet Store law or rules.
The person who is assessed a civil penalty is liable for a civil penalty of not more than $2,500 for a first violation, not more than $5,000 for a second violation, and not more than ten thousand dollars $10,000 for a third or subsequent violation.
Any person assessed a civil penalty must pay the penalty to the department of agriculture. The department shall remit all money to the treasurer of state for deposit in the pet store license fund.
Pet Store License Fund
All money collected by the director of agriculture from pet store license fees and civil penalties shall be deposited in the state treasury to the credit of the pet store license fund. The director shall use the money in the fund for the purpose of administering the law and rules governing pet stores.
What are Animal Rescues for Dogs?
According to the Ohio Department of Agriculture (ODA), an animal rescue is an individual or an organization that keeps, houses, and maintains dogs AND is dedicated to the welfare, health, safety, and protection of dogs. The rescue may spay or neuter dogs for adoption and may charge reasonable adoption fees to cover costs, including, but not limited to, costs related to spaying and neutering dogs.
An animal rescue for dogs 1) does not operate for profit, 2) does not sell dogs for a profit, 3) does not breed dogs, 4) does not sell dogs to a dog broker or pet store, and 5) does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from a dog warden, a humane society, or another animal rescue for dogs.
No individual or organization is allowed to operate an “animal rescue for dogs” without first registering with the Ohio director of agriculture. There is no registration fee. The director maintains a database of all persons that are registered to operate an animal rescues for dogs in Ohio. Although rescues must register, the ODA does not regulate rescues as it does high volume dog breeders, dog brokers, and pet stores.
The list of registered rescues is not available on the ODA website. It is considered a “public record” and can be obtained by requesting the most recent updated list of Ohio registered rescues from the ODA. Email your request to [email protected]
Definitions are important in understanding Ohio’s puppy mill laws because only those establishments or individuals who satisfy the definitions of a “High Volume Breeder” or “Dog Broker” or “Pet Store” are subject to the Ohio laws that license and regulate the commercial dog breeding industry.
What is a High Volume Breeder?
“High Volume Breeder” means an establishment that keeps, houses, and maintains 6 or more breeding dogs (unsprayed adult females used for breeding) AND
does at least one of the following:
1) Sells 5 or more adult dogs and puppies in any calendar year to dog brokers (retailers) or pet stores;
2) Sells 40 or more puppies in any calendar year to the public;
3) Keeps on the premises at any given time in a calendar year more than 40 puppies that are under 4 months of age that have been bred and kept on those premises.
Brief Summary of High Volume Breeder Requirements
Licensing
High Volume Breeders (HVB) must be licensed by the Ohio Department of Agriculture (ODA). This includes out of state breeders doing business in Ohio. In order to be licensed, the breeder must complete an application, which includes a background check to assure that the breeder has not had any convictions or guilty pleas to any offenses relating to domestic animals or domestic violence.
The breeder is required to pay an annual fee for the license based on the anticipated number of dogs/puppies the breeder expects to sell in the upcoming year. The annual fees range from $150.00 for at least 40 puppies through $750.00 for 351 or more puppies.
Standards of Care
High Volume Breeders must comply with requirements governing housing, socialization, nutrition, exercise, grooming, health care, biosecurity, disease control, waste management, whelping, and transportation.
Recordkeeping
High Volume Breeders are required to keep and maintain accurate records that are subject to inspection by the director of agriculture.
All adult dogs or puppies 16 weeks of age or older in the possession of a high volume breeder or dog broker/retailer licensee, and any adult dog or puppy removed from the premises, shall be identified by either:
(1) An official USDA identification tag or Ohio department of agriculture approved identification tag affixed to the adult dog or puppy's neck by means of a collar made of appropriate material so as not to cause distress to the adult dog or puppy,
(2) A distinctive and legible tattoo marking; or,
(3) A microchip.
Records of adult dog and puppy movement from the premises of high volume breeder and dog broker/retailer licensees shall be kept on the USDA/APHIS (animal plant health inspection service) form.
Unweaned puppies need not be individually identified while they are maintained as a litter with their dam in the same primary enclosure, provided the dam has been individually identified.
Unweaned puppies shall be identified on a cage card that contains the following:
(1) The mother's USDA identification number, if available;
(2) The puppy's individual serial number, if available;
(3) The date of birth;
(4) The sex; and,
(5) Any other information deemed necessary by the veterinarian.
Weaned puppies, less than 16 weeks of age, shall be identified by:
(1) An official tag affixed to the puppy's neck as provided above;
(2) A distinctive and legible tattoo;
(3) A plastic-type collar with the information required for an official tag; or,
(4) A microchip.
Accurate and complete records must be separately maintained by the licensee and shall be made available to an inspector of the ODA upon request. The records must contain:
(1) An accurate description of the adult dog or puppy;
(2) The official identification required (see above);
(3) How, where, from whom, and when the adult dog or puppy was obtained;
(4) The age of the adult dog or puppy;
(5) The kennel's health plans as required by in the Ohio Administrative Code rules; and,
(6) The proof of insurance or surety bond required for high volume breeder licensees.
Records must be:
(1) Kept at the facility at which the adult dog or puppy is housed; and,
(2) Retained for one year past the date the adult dog or puppy has left the facility.
An in-state broker/retailer shall provide the purchaser of an adult dog or puppy one of the following:
(1) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy;
(2) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society; or,
(3) A valid health certificate from the state of origin of the adult dog or puppy.
An out-of-state broker/retailer conducting business in Ohio shall provide the purchaser of an adult dog or puppy the following:
(1) A valid health certificate from the state of origin of the adult dog or puppy; and,
(2) One of the following:
(a) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy; or,
(b) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society.
Inspections
At least once a year, the Ohio director of agriculture (or representative) will inspect a high volume breeder to ensure compliance with the HVB law and rules, including the standards of care. Inspections are conducted during regular business hours and without notice. If no one has authority to allow access to the kennels when the inspector arrives, the inspector postpones the inspection. Failure to comply with the inspection may result in suspension or revocation of the breeder’s license. The director of agriculture has the authority to obtain a search warrant, if necessary, to conduct an inspection to investigation.
Enforcement
If the director determines that the high volume breeder or dog broker is keeping a dog in a manner that substantially violates the high volume breeder rules or laws, the director may seize the dog and order it be maintained by a rescue, shelter, or veterinarian. Five days later a hearing is held at which the director determines whether the dog should be permanently relinquished. The director’s decision may be appealed in the Franklin County Municipal Court (environmental division). If the Court also determines that the dog should be permanently relinquished, it may then be placed up for adoption.
Civil penalties
The director of agriculture, after providing an opportunity for a hearing, may assess a civil penalty against a person who has violated or is violating the high volume breeder law or rules. The penalties are: 1) $2,500 for 1st violation, $5,000 for 2nd violation, and $10,000 for 3rd or subsequent violations. Each day that a violation continues constitutes a separate violation. Civil penalties are paid to the department of agriculture, and the money is then paid to the state treasury for deposit in the high volume breeder kennel control license fund.
Injunctions
The attorney general, upon the request of the director of agriculture, may bring an action for injunction against a person who has violated or is violating the high volume breeder law or rules. The action for injunction is filed in the county in which the violation has occurred. The court will grant injunctive relief upon a showing that the person against whom the action is brought has violated or is violating the high volume breeder law or rules.
What is a Qualified Breeder?
A “Qualified Breeder” is either of the following:
1) a breeder that keeps female dogs, but does not meet the definition of a “high volume breeder,” or
2) a high volume breeder (see above) in or out of the state of Ohio who meets the following requirements:
a) is licensed by the USDA and Ohio;
b) has not been issued a report of direct non-compliance* by the USDA for the
past 3 years;
* “direct” non-compliance violation refers to a violation that currently has a serious or
severe adverse effect on the health or well -being of the animal.
c) has not had 3 or more non-compliance violations with the USDA in the past 12 mos.; and
d) has been issued an Ohio broker’s license.
Please note that unless a “qualified breeder” also meets the definition of a “high volume breeder”, he/she does not have to meet the standards required of high volume breeders. This is important because pet stores can purchase dogs/puppies from “qualified breeders”.
What is a Dog Broker?
A “Dog Broker” is someone 1) who buys or sells dogs at wholesale for resale or 2) who sells or gives dogs to a pet store. A “Dog Broker” is sometimes referred to as a “Retailer”. Brokers/retailers are middlemen who make money buying dogs from the breeder and selling them to the public or pet stores. Most high volume breeders are also brokers.
Summary of Rules for Dog Brokers
Licensing
No person shall act as or perform the functions of a dog broker in Ohio without a dog broker license issued by the director of agriculture. The application fee is $500.00 and must be renewed annually.
Record Keeping
No dog broker shall negligently sell, deliver, barter, auction, broker, give away, or transfer a dog to a pet store without the records required under this rule.
All dog brokers must document the following information, if applicable:
(1) The name and address of the animal rescue, animal shelter, humane society, dog broker, or qualified breeder which supplied the dog;
(2) The date that the pet store took possession of the dog;
(3) The breed, gender, color, and any identifying marks of the dog;
(4) The dog's birth date, if known;
(5) The permanent implanted identification microchip number as required by the Ohio Administrative Code; and
(6) The certificate of veterinary inspection that accompanied the dog.
If the dog was acquired from a qualified breeder or dog broker, then the dog broker must also document the following information:
(1) The Ohio high volume dog breeder license number issued to the breeder by the department of agriculture;
(2) The USDA license number of the breeder that bred the dog;
(3) A copy of the most current USDA inspection report for the breeder;
(4) The Ohio dog broker license number issued to the broker by the department;
(5) A document signed by the dog broker certifying that all information required to be provided to the person acquiring the dog is accurate.
Dog brokers are not required to submit these records to the director, but the records must be made available to the director for review and copy upon request.
Recordkeeping and Identification
All adult dogs or puppies 16 weeks of age or older in the possession of a high volume breeder or dog broker/retailer licensee, and any adult dog or puppy removed from the premises, shall be identified by either:
(1) An official USDA identification tag or Ohio department of agriculture approved identification tag affixed to the adult dog or puppy's neck by means of a collar made of appropriate material so as not to cause distress to the adult dog or puppy,
(2) A distinctive and legible tattoo marking; or,
(3) A microchip.
Records of adult dog and puppy movement from the premises of high volume breeder and dog broker/retailer licensees shall be kept on the USDA/APHIS (animal plant health inspection service) form.
Unweaned puppies need not be individually identified while they are maintained as a litter with their dam in the same primary enclosure, provided the dam has been individually identified.
Unweaned puppies shall be identified on a cage card that contains the following:
(1) The mother's USDA identification number, if available;
(2) The puppy's individual serial number, if available;
(3) The date of birth;
(4) The sex; and,
(5) Any other information deemed necessary by the veterinarian.
Weaned puppies, less than 16 weeks of age, shall be identified by:
(1) An official tag affixed to the puppy's neck as provided above;
(2) A distinctive and legible tattoo;
(3) A plastic-type collar with the information required for an official tag; or,
(4) A microchip.
Accurate and complete records must be separately maintained by the licensee and shall be made available to an inspector of the ODA upon request. The records must contain:
(1) An accurate description of the adult dog or puppy;
(2) The official identification required (see above);
(3) How, where, from whom, and when the adult dog or puppy was obtained;
(4) The age of the adult dog or puppy;
(5) The kennel's health plans as required by in the Ohio Administrative Code rules; and,
(6) The proof of insurance or surety bond required for high volume breeder licensees.
Records must be:
(1) Kept at the facility at which the adult dog or puppy is housed; and,
(2) Retained for one year past the date the adult dog or puppy has left the facility.
An in-state broker/retailer shall provide the purchaser of an adult dog or puppy one of the following:
(1) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy;
(2) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society; or,
(3) A valid health certificate from the state of origin of the adult dog or puppy.
An out-of-state broker/retailer conducting business in Ohio shall provide the purchaser of an adult dog or puppy the following:
(1) A valid health certificate from the state of origin of the adult dog or puppy; and,
(2) One of the following:
(a) The name, address, telephone number, or proof of each high volume breeder, dog broker/retailer, and private owner that kept, housed or maintained the adult dog or puppy prior to the broker/retailer taking possession of the adult dog or puppy; or,
(b) Proof that the adult dog or puppy was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society.
What is a Pet Store?
A "Pet store" is an individual retail store which sells dogs to the public, AND
when a dog is sold from the store, the sales person, the buyer of a dog, and the dog for sale are physically present during the sales transaction. This enables the buyer to personally observe the dog and help ensure its health prior to taking custody.
Pet Stores in Ohio
Animal rescues for dogs, an animal shelters for dogs, a humane societies, medical kennels for dogs, or a research kennels for dogs are not considered “Pet Stores” under the law.
Regulation of Pet Stores
The law says that the regulation of pet stores is a matter of “general statewide interest that requires statewide regulation. This preempts any local ordinance, resolution, or other law adopted to regulate the sale, delivery, barter, auction, broker, or transfer of a dog to a person from a pet store.” So that means no local rules regulating which dogs pet stores can or can’t sell be sold in pet stores.
Pet Store License
Pet stores can’t sell dogs in Ohio without a license. The director of agriculture will issue a license when the pet store owner or operator does the following:
(1) Applies for a license in accordance with the rules.
(2) Affirms in writing that the owner or operator will maintain compliance with requirements established by law.
(3) Submits a pet store license a fee of $500.00.
Pet Store licenses must be renewed annually.
The director of agriculture may deny, suspend, or revoke a license for a violation of the rules. The denial, suspension, or revocation of a license is not effective until the licensee is given written notice of the violation, a reasonable amount of time to correct the violation, if possible, and an opportunity for a hearing. The director also may refuse to issue a license if the applicant has violated the rules.
Rules for Dogs Sold, etc. from Pet Stores
Permitted sources of dogs:
Pet stores must obtain their dogs from the following sources:
(1) An animal rescue for dogs;
(2) An animal shelter for dogs;
(3) A humane society;
(4) A dog broker, provided that, if the dog broker originally obtained the dog from a breeder, the breeder is a qualified breeder;
(5) A qualified breeder. *
* qualified breeder – Please see “Ohio puppy mill definitions”
Pet Stores can’t sell:
(1) A dog that is less than 8 weeks old;
(2) A dog without a health certificate signed by an accredited veterinarian;
(3) A dog that does not have a permanent implanted identification microchip that is approved for use by the director of agriculture;
(4) A dog to a person who is younger than 18 years of age as verified by valid photo identification;
(5) A dog acquired from a qualified breeder* or a dog broker unless the owner, manager, or employee provides to the person buying the dog, at a time prior to the purchase, a written certification that includes all of the following information:
* qualified breeder – Please see “Ohio puppy mill definitions”
(a) The name of the breeder that bred the dog;
(b) The address, if available, of the breeder that bred the dog;
(c) The USDA license number of the breeder that bred the dog, if applicable, and a copy of the most current USDA inspection report for the breeder;
(d) The dog's birth date, if known;
(e) The date that the pet store took possession of the dog;
(f) The breed, gender, color, and any identifying marks of the dog;
(g) A document signed by an accredited veterinarian that describes any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of examination;
(h) A document signed by the owner, manager, or employee of the pet store certifying that all information required to be provided to the person acquiring the dog is accurate.
(6) A dog acquired from a qualified breeder* or a dog broker unless all of the following information regarding the dog is available to the general public at the pet store:
* qualified breeder – Please see “Ohio puppy mill definitions”
(a) The name of the breeder that bred the dog;
(b) The address, if available, of the breeder that bred the dog;
(c) The USDA license number of the breeder that bred the dog, if applicable;
(d) The dog's birth date, if known;
(e) The breed of the dog.
No owner, manager, or employee of a pet store shall recklessly alter or provide false information on a certification.
Civil Penalties for Pet Stores
The director of agriculture, after providing an opportunity for a hearing, may assess a civil penalty against a person who has violated or is violating the Pet Store law or rules.
The person who is assessed a civil penalty is liable for a civil penalty of not more than $2,500 for a first violation, not more than $5,000 for a second violation, and not more than ten thousand dollars $10,000 for a third or subsequent violation.
Any person assessed a civil penalty must pay the penalty to the department of agriculture. The department shall remit all money to the treasurer of state for deposit in the pet store license fund.
Pet Store License Fund
All money collected by the director of agriculture from pet store license fees and civil penalties shall be deposited in the state treasury to the credit of the pet store license fund. The director shall use the money in the fund for the purpose of administering the law and rules governing pet stores.
What are Animal Rescues for Dogs?
According to the Ohio Department of Agriculture (ODA), an animal rescue is an individual or an organization that keeps, houses, and maintains dogs AND is dedicated to the welfare, health, safety, and protection of dogs. The rescue may spay or neuter dogs for adoption and may charge reasonable adoption fees to cover costs, including, but not limited to, costs related to spaying and neutering dogs.
An animal rescue for dogs 1) does not operate for profit, 2) does not sell dogs for a profit, 3) does not breed dogs, 4) does not sell dogs to a dog broker or pet store, and 5) does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from a dog warden, a humane society, or another animal rescue for dogs.
No individual or organization is allowed to operate an “animal rescue for dogs” without first registering with the Ohio director of agriculture. There is no registration fee. The director maintains a database of all persons that are registered to operate an animal rescues for dogs in Ohio. Although rescues must register, the ODA does not regulate rescues as it does high volume dog breeders, dog brokers, and pet stores.
The list of registered rescues is not available on the ODA website. It is considered a “public record” and can be obtained by requesting the most recent updated list of Ohio registered rescues from the ODA. Email your request to [email protected]