Table of State Laws Concerning Minimum Age for Sale of Puppies | Animal Legal & Historical Center

State

Citation and Link

Persons Covered by Law

Minimum Age Under Which Cannot Sell

Actions to Which Law Applies

Penalty

Exemptions

Alabama      Alaska      Arizona A.R.S. § 44-1799.04 “Pet Dealer” – means a person who owns a pet store under § 44-1799.Less than eight weeks oldOffer for sale  Class 1 misdemeanor NoArkansas      Colorado

C.R.S.A. § 35-80-108

 

Any person or entity

 

Under eight weeks oldSell, transfer, or adopt

“Unlawful” and “violation” of the chapter

Civil penalty: under § 35-80-113, any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.

NoConnecticutC.G.S.A. § 22-354Any person, firm, or corporationUnder eight weeks old

Import or export for the purposes of sale, adoption or transfer or offering for sale, adoption or transfer any dog or cat under the age of eight weeks unless such dog or cat is transported with its dam.

Sell or offer for adoption or transfer within the state any dog or cat under the age of eight weeks.

 

$1,000 fine

With the import or export for the purposes of sale, adoption or transfer or offering for sale, adoption or transfer, a dog or cat younger than eight weeks of age may be transported with its dam.Delaware      D.C.DC CODE § 8-1808 A personAt least 6 weeks of age

Separate a puppy or a kitten from its mother

Give, sell, or offer for sale a puppy or kitten under 6 weeks of age, unless the puppy’s or kitten’s mother is given or sold to the same person as the puppy or kitten.

The Mayor shall issue rules to set specific fine amounts for violations of each provision of this subchapter; provided, that the fines shall not exceed the following amounts:

(1) $500 for each offense, except as otherwise provided in paragraph (2) of this subsection.

(2) $1000 for each offense for violations of § 8-1808(n), (o) or (p)(1).

DC CODE § 8-1811

Shall not apply in cases where a mother poses a danger to its offspring.FloridaF.S.A. §828.29Any person

Less than eight weeks old

Transport into the state for sale or offer for sale within the stateMisdemeanor of the first degree as provided in s. 775.082 or s. 775.083NoHawaii      Idaho      Illinois225 I.L.C.S. § 605/2.2

Dog dealer, dog breeder, or cat breeder

Defined under Sec. 605/2:

“Dog dealer” means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

“Cat breeder” means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder.

“Dog breeder” means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder.

Until such puppy or kitten has attained the age of 8 weeks.

Separate from its mother for the purpose of saleNot specifiedNoIndianaI.C.§ 15-17-18-10

A person

Under the age of eight weeksImport to, or export from, Indiana for the purpose of sale UNLESS transported with dam Research facilities licensed under the federal Laboratory Animals Welfare Act, 7 U.S.C. 2131 et seq., are exempted from this prohibition.Iowa      KansasBy administrative regulation: KS ADC 9-25-12A retail breeder licensee

Puppy must be eight weeks old AND weaned.

“Weaned” means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five days.

Sell or exchangeNot specifiedNoKentucky      Louisiana LSA-R.S. 3:2511

A retail pet store

“Retail pet store” means a retail establishment where dogs or cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization.

Dogs or cats younger than eight weeks oldOffer for sale (defined as sell, offer for sale or adoption, barter, auction, give away, or otherwise dispose of a dog or cat) Not listed in the lawNoMaineBy administrative regulation: 01-001 CMR Ch. 701, § I(N)Any personUntil completion of seventh week of lifeUnlawful to sell, adopt, or give awayPer subsection (P): “The Animal Welfare Program will, upon written complaint by any person alleging violation of these Rules, or upon its own motion if it has reason to believe such a violation exists, cause an investigation to be made. If a violation is found to exist, the Animal Welfare Program or the Attorney General may seek enforcement remedies including but not limited to revocation or suspension of the license.”NoMarylandMD Code, Criminal Law § 10-613

A person

Less than eight weeks old UNLESS accompanied by its dam.Sell or distribute in the State or bring into the State for the purpose of sale or distribution

Misdemeanor with a max. fine of $500

For purposes of humane disposal, a court may seize an animal brought into this State in violation of this section.

Does not apply to:

(1) a biomedical facility that is licensed by the United States Department of Agriculture; or

(2) an animal that is accompanied by a signed statement from a licensed veterinarian stating that the animal’s dam is incapacitated for humane or medical reasons and cannot care for the animal.

A person may give an unaccompanied dog or cat to:

• an animal shelter or pound that is operated or supported by a government; or
• a humane society.

MichiganM.C.L. 287.335a

A person who operates a pet shop (a place where animals are sold or offered for sale, exchange, or transfer).

A person who operates:

• an animal control shelter (a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter); or
• an animal protection shelter (a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals).

A large-scale dog breeding kennel (a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, “housed or kept for the primary purpose of breeding” means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding).

M.C.L. 287.331

Less than 8 weeks old

(with exceptions for animal shelters/protection agencies and large-scale dog breeding kennels that import underage dogs and cats with their dams)

Import or cause to be imported into this state a dog or cat that is less than 8 weeks old (exception for animal shelters/protection agencies and large-scale dog breeding kennels that import underage dogs and cats with their dams)

Sell, exchange, transfer, or offer for sale, exchange, or transfer a dog or cat that is less than 8 weeks old for pet shops and large-scale dog breeding kennels.

After notice and an opportunity for an evidentiary hearing under Michigan’s APA:

• suspend or revoke a license or registration issued to the person under this act.
• impose an administrative fine of not more than $1,000.00 for each violation.

Also can obtain a declaratory order or injunction.

M.C.L. 287.339b

Exception for animal shelters/protection agencies and large-scale dog breeding kennels that import underage dogs and cats with their damsMinnesotaM. S. A. § 347.59Commercial breeder: a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year. (Section 347.57)Dogs or cats before the age of eight weeks Sold, traded, or given away

The board must investigate upon receiving a formal complaint for violations of 347.59.

The Board may then issue a “correction order” under 347.61 and other civil enforcement actions.

Unless a veterinarian determines it would be in the best interests of the health or well-being of the animalMississippi      Missouri

Admin. Regulation: 2 Mo. Code of State Regulations 30-9.020 (See subsection 14(E) (“Miscellaneous”))

Any personUnder eight weeks old AND has been weanedDelivered by any person to any carrier or intermediate handler for transport, in commerce, or shall be transported in commerceNot specifiedExcept a registered research facilityMontana      NebraskaNeb. Rev. St. § 28-1018A person (other than other than an animal control facility, animal rescue, or animal shelter)Under eight weeks of age without its motherSellClass V misdemeanorExcludes:

• Animal Control Facility defined as a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
• Animal Shelter defined as a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.

NevadaN.R.S.

§

574.500

A retailer, dealer or operator:

“Retailer” means a person who acquires pets for resale (574.320)

“Operator” means a person responsible for the operation of:

1. A cattery, kennel or commercial establishment engaged in the business of selling animals; or

2. An animal shelter.

(574.290)

“Dealer” means a person who, for compensation or profit, buys, sells, breeds, trades or imports cats or dogs for resale (574.260)

Eight weeks of age or accustomed to taking food or nourishment other than by nursing, whichever is laterSeparate puppy or kitten from its mother prior to weaningMisdemeanorNoNew HampshireN.H. Rev. Stat. § 437:8No person, firm, corporation, or other entityLess than 8 weeks of age

Ship or bring into the state to offer for transfer in the state, any cat, dog, or ferret less than 8 weeks of age.

No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.

Any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation (437:10).Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferretsNew Jersey      New Mexico      New YorkMcKinney’s Agriculture and Markets Law § 402

Pet dealer: any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell or offer to sell animals; provided that it shall not include the following:

(a) Any breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder’s residential premises;

(b) Any municipal pound or shelter dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged, established and maintained pursuant to subdivision one of section one hundred fourteen of this https://www.animallaw.info/statute/ny-dogs-consolidated-dog-laws#s400chapter; and

(c) Any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society, duly incorporated animal protective association or other duly incorporated animal adoption or animal rescue organization dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged that is exempt from taxes pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended, that is registered with the department pursuant to section four hundred eight of this article.

(Section 400)

Younger than eight weeks oldKnowingly sell any cat or dog younger than eight weeks of age

Per Section 406:

• denial, revocation, suspension, or refusal of renewal of pet dealer’s license
• also a civil offense, for which a penalty of not less than $100 and not more than $1,000 for each violation may be imposed.

NoNorth Carolina      North Dakota      OhioRC § 955.50No personUnder the age of eight weeksSell, offer to sell, or expose for sale, for the purpose of resale or receive for delivery within this state, or ship from any point within this state to any point outside this state, for sale to the general public at retailPenalty per 955.99(C): minor misdemeanor on first offense and a misdemeanor of fourth degree on subsequent offensesThis section does not apply to the transportation of dogs in interstate commerce by common carrier, provided that neither the point of shipment nor the point of receiving is within this state.Oklahoma

Note that OK revoked its regulation in the commercial breeder regulations on selling or transferring cats and dogs under 8 weeks in 2014

Okla. Admin. Code 35:55-5-2 

    

 

 

Oregon      Rhode Island      South CarolinaCode 1976 § 47-1-200 A personA dog or cat under eight weeks of ageMust not be imported or exported without being accompanied by its dam.Misdemeanor with fine not less than $200 nor more than $500 or imprisoned for not more than 30 days, or bothAllowed if dog or act under eight weeks is accompanied by its damSouth Dakota      Tennessee      UtahBy administrative regulation: UT ADC R58-1-13(3)Under enabling statute, it is unlawful for any person, or the officer or employee of any person, to willfully violate, disobey, or disregard this title or any notice or order issued under this title. U.C.A. 1953 § 4-2-303No puppies or kittens less than 8 weeks of age Imported into the state

Under enabling statute, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding.

A subsequent criminal violation within two years is a class A misdemeanor.

U.C.A. 1953 § 4-2-304

Unless accompanied by the motherVermont      VirginiaVa. Code Ann. § 3.2-6510A personUnder seven weeks old without its dam or queenSell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising deviceClass 3 misdemeanorDealers may offer dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after dogs and cats are at least seven weeks of age.

Nothing in this section shall prohibit the sale of an unweaned animal (i) as food for other animals or (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or private animal shelter, or a veterinarian.

Washington      West Virginia      Wisconsin

W.S.A. 173.41

Any person licensed as a/an:

• animal shelter
• animal control facility
• dog breeder
• dog breeding facility
• dog dealer
• out-of-state dog dealer

Under seven weeks oldTransfer a dog to a buyerMay be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years. NoWyoming