House Bill 978

AN ACT TO CREATE THE "MISSISSIPPI ABANDONED PETS PROTECTION ACT"; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO PROHIBIT THE SALE OR TRANSFER OF ANY DOG OR CAT BY CERTAIN INDIVIDUALS WITHOUT FIRST HAVING THE ANIMALS PROTECTED AGAINST INFECTIOUS DISEASES AND THE CERTIFICATE OF PROTECTION ISSUED; TO REQUIRE THE ORIGINAL CERTIFICATE TO BE DISPLAYED AT THE FACILITY HOUSING THE ANIMALS FOR SALE OR TRANSFER; TO EXEMPT ANIMAL SHELTER FACILITIES FROM CERTAIN REQUIREMENTS AND PRESCRIBE CERTAIN OTHER DUTIES REQUIRED OF SUCH SHELTERS TO IDENTIFY OWNERS' DOGS AND CATS BEFORE TRANSFERRING OWNERSHIP; TO REQUIRE THAT ALL DOGS AND CATS RECEIVED FOR SALE OR TRANSFER BE SEPARATED FROM OTHER ANIMALS FOR FORTY-EIGHT HOURS BEFORE BEING OFFERED FOR SALE OR TRANSFER; TO PROVIDE AN EQUITABLE REMEDY TO THE PURCHASER OR TRANSFEREE OF A DOG OR CAT FOUND TO BE DISEASED OR INFECTED WITHIN FOURTEEN DAYS OF THE SALE OR TRANSFER; TO PROHIBIT THE SALE OR TRANSFER OF CATS LESS THAN EIGHT WEEKS OF AGE; TO REQUIRE THE OPERATOR OF AN ANIMAL CARE CENTER TO NOTIFY THE OWNER BY CERTIFIED MAIL OF THE INTENTION OF THE OPERATOR TO TREAT THE ANIMAL AS AN ABANDONED ANIMAL AFTER SEVEN DAYS IF THE OWNER DOES NOT RECLAIM THE ANIMAL OR PAY THE CHARGES AND FEES WITHIN SEVEN DAYS AFTER THE MAILING OF THE NOTIFICATION; TO VEST OWNERSHIP OF THE ANIMAL IN THE OPERATOR OF THE ANIMAL CARE CENTER HAVING CUSTODY UPON A DETERMINATION OF ABANDONMENT; TO REQUIRE OPERATOR OF THE ANIMAL CARE CENTER TO ADVISE OWNER OF THE ABANDONMENT POLICY; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY AGENT ACTING ON BEHALF OF AN ANIMAL SHELTER FACILITY OR AN ANIMAL CARE CENTER TO GIVE, RELEASE, SELL, TRADE OR TRANSFER ANY LIVE ANIMAL FOR THE PURPOSE OF EXPERIMENTATION OR VIVISECTION; TO REQUIRE THAT ANIMALS WHICH MUST BE PUT DOWN MUST BE EUTHANIZED USING A METHOD APPROVED BY THE STATE BOARD OF HEALTH AND THE COMMISSIONER OF AGRICULTURE AND COMMERCE; TO REQUIRE EACH ENTITY ENGAGED IN THE BUSINESS OF SELLING OR TRANSFERRING LIVE ANIMALS WITH OR WITHOUT A FEE OR DONATION TO BE LICENSED AND INSPECTED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE; TO ESTABLISH THE FEES FOR LICENSURE AND RENEWAL; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi Abandoned Pets Protection Act."

SECTION 2. As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Abandoned animal" means:

(i) Any animal whose owner neglects or refuses to reclaim it within seven (7) days after the mailing of the notification provided for in Section 6 of this act;

(ii) Any animal left in an animal care center by a person unknown or by an owner who, when leaving the animal, gives a false name or false address;

(iii) Any cat in the custody of the animal care center for at least seven (7) days which has a form of positive identification including, but not limited to a tattoo, collar, microchip, ear tag, or any other form of identification approved by the Commissioner of Agriculture and Commerce.

(b) "Animal" means a domestic animal, a household pet, or a wild animal in captivity.

(c) "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals.

(d) "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated and maintained by a duly 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 animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.

(e) "Commercial kennel" means any person, business, corporation, or other entity that transfers ten (10) or more litters or fifty (50) or more puppies in any twelve-month period.

(f) "Commissioner" means the Commissioner of Agriculture and Commerce.

(g) "Department" means the Mississippi Department of Agriculture, and Commerce.

(h) "Operator" means the director, manager, veterinarian, or other person charged with the supervision of an animal care center.

(i) "Owner" means the person having the right of possession of an animal, whether such right was acquired by gift, purchase, or other means.

(j) "Pet shop" means any establishment licensed to keep, maintain and transfer certain live animals, birds, fish and reptiles at retail to the public.

(k) "Transfer" means the transfer of ownership of live animals, birds, fish or reptiles from any person, firm, corporation or other entity to a member of the public.

SECTION 3. (1) No dog or cat shall be offered for sale or transfer by a licensee without first being protected against infectious diseases as required by Section 41-53-1, using a vaccine approved by the state veterinarian or unless accompanied by an official health certificate issued by a licensed practicing veterinarian within fourteen (14) days of sale or transfer. The certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be for the licensee's records for a period of three (3) years, and one copy of which shall be given to the purchaser or transferee upon sale or transfer as provided in subsection (2) of this section. If an official health certificate is produced, it shall be prima facie evidence of sale or transfer.

(2) The original of the official health certificate accompanying the dog or cat offered for sale or transfer by a licensee shall be kept on the premises where dogs and cats are displayed, and made available for inspection upon request. The public will be informed of their right to inspect the health certificate for each dog or cat by a sign prominently displayed in the area where the dogs or cats are displayed. Upon sale or transfer of the dog or cat, the health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog or cat and shall be given to the purchaser or transferee in addition to any other documents which are customarily delivered to that individual.

(3) Animal shelter facilities, as defined in Section 2 of this act, are exempt from the requirements of this section relative to transferring dogs and cats, except that:

(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies including but not limited to national tattoo or microchip registries;

(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in Section 2 of this act, and before transferring ownership of an unclaimed or abandoned animal.

(4) No person, firm or corporation shall ship or bring into the State of Mississippi, to offer for sale or transfer in this state, any dog or cat less than eight (8) weeks of age. No licensee shall offer for transfer any dog or cat less than eight (8) weeks of age.

(5) All dogs and cats received for sale or transfer shall be separated from other animals on the premises for a period of forty-eight (48) hours before being offered for sale or transfer.

SECTION 4. Within fourteen (14) days of sale or transfer, the purchaser or transferee of a dog or cat from a licensee may have the dog or cat examined by a licensed veterinarian selected by the purchaser or transferee and, unless the examination indicates the dog or cat to be free of disease, the purchaser or transferee shall be entitled to substitution or, at that individual's option, a full refund of the purchase price of the dog or cat, if applicable, upon return of the dog or cat to the licensee within two (2) business days of the examination, accompanied by the veterinarian's certificate.

SECTION 5. (1) No cat shall be sold or transferred by any person in the state or out of the state for a fee without first being inoculated against infectious diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian within fourteen (14) days as required by Section 3(1) of this act. (2) For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the person transferring ownership of the cat, the age, sex, breed and description of the cat, a list of all types of vaccines or medication administered to the cat, and the certification of the veterinarian that the cat is free from visual evidence of any communicable diseases.

(3) No person shall transfer or cause to be transferred any cat less than eight (8) weeks of age.

(4) All incorporated or chartered humane societies with operating shelters in the State of Mississippi are exempt from the requirements of this section relative to transferring cats, except that all cats transferred out of an animal shelter facility shall have a form of positive identification, including but not limited to a tattoo, collar, microchip, ear tag, or any other permanent form of identification approved by the commissioner and shall be vaccinated against rabies, and shall be accompanied by an official health certificate if the cat was imported into the state for sale or transfer with or without a fee.

(5) The department is authorized to investigate any complaints made under the provisions of this section and to enforce the penalties of Section 10 of this act. The department shall adopt any necessary rules relative to the procedures for conducting investigations.

SECTION 6. The operator of an animal care center having custody of an animal, the owner of which has refused or neglected to reclaim the animal for a period of seven (7) days, or has refused or neglected to pay the just fees and charges due for boarding, grooming, surgical, medical or other care of the animal for a period of seven (7) days, shall notify the owner by certified mail of the intention of the operator to treat the animal as an abandoned animal within the meaning of this section if the owner does not reclaim the animal or pay the charges and fees within seven (7) days after the mailing of the notification. Any cat not licensed in accordance with Section 4 of this act and which is reclaimed from an animal care center shall be released to the owner only upon proof of a current, valid rabies vaccination or upon being vaccinated against rabies in accordance with Sections 41-53-1, et seq.

SECTION 7. (1) Ownership of an animal shall vest in the operator of the animal care center having custody thereof upon determination that the animal has been abandoned under the provisions of this act, and the operator may dispose of such abandoned animal in any lawful manner as if he were its rightful owner.

(2) It shall be the duty of the operator of an animal care center, when taking custody of an animal, to advise its owner of the provisions of this act.

SECTION 8. (1) It shall be unlawful for any agent acting on behalf of an animal shelter facility or an animal care center as defined in Section 2 of this act, to give, release, sell, trade or transfer with or without a fee any live animal brought, caught, detained, obtained or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.

(2) All animals which are put down by an animal control officer, humane retaining facility, animal care facility, or agents acting on behalf of such a facility shall be euthanized using a method approved by the State Board of Health and the commissioner for purposes of Section 97-41-3, or those reasons for which the commissioner shall promulgate rules for such euthanization.

(3) Any person who violates the provisions of this section shall be guilty of a misdemeanor.

SECTION 9. (1) No person, firm, corporation or other entity shall engage in the business of selling or transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the Mississippi Department of Agriculture and Commerce. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of selling or transferring live animals or birds customarily used as household pets for sale or transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in this state when sale or transfer to the final owner occurs.

(2) Applications for licenses shall be made annually in writing to the department accompanied by a license fee not to exceed Two Hundred Dollars ($200.00). After January 1,2014, the license fee shall be One Hundred Dollars ($100.00). If after inspection the department finds that the premises and cages and facilities thereon meet the proper standards for health and sanitation and that their use will not result in inhumane treatment of the animals or birds, a license shall be issued. Licenses shall expire one (1) year from the date of issuance, and may be renewed on application to the department accompanied by a renewal fee determined by the department. The licenses shall be in the form prescribed by the department, shall be publicly displayed at the premises covered by them, and shall be adjacent to animal display cages.

(3) Each license shall be subject to revocation at any time by the department, if in the judgment of the department the conditions under which it was issued are not being maintained. Each licensee shall be inspected by an employee of the department or by a person appointed by the department no less frequently than once a year. Upon receipt of a written complaint alleging violation of this subsection, the department shall investigate said complaint within a reasonable time.

(4) Inspections of all premises as described in subsection (3) of the section shall be made at reasonable times, but in no case less frequently than once every year. Any duly appointed agent of any humane society incorporated in the State of Mississippi acting under the authority and direction of the department or an official representative of the department may make inspections at any reasonable time.

(5) Once a license has been revoked under the provisions of this section, the department may require that all animals and birds located on the premises for which the license was revoked shall be removed by the licensee from the premises within three (3) business days after the revocation and be relocated to a safe and sanitary place approved by the department.

SECTION 10. Any person who violates the provisions of this act shall be guilty of a misdemeanor, and upon conviction, may be subject to an administrative fine levied by the commissioner not to exceed One Thousand Dollars ($1,000.00) for each violation.

SECTION 11. This act shall take effect and be in force from and after July 1, 2012.