This section adds a new section to an existing chapter 16.52. Here is the modified chapter for context.
Except as provided in this section, a retail pet store may not sell or offer for sale any dog or cat.
A retail pet store that sold or offered for sale any dog prior to the effective date of this section may sell or offer for sale a dog only if the retail pet store meets the following requirements:
Any dog sold or offered for sale must be sold or offered for sale only at the address identified as the location address on the retail pet store's business license, as defined in RCW 19.02.020, as of the effective date of this section;
Any dog sold or offered for sale must be obtained directly from a breeder who, on the date the dog is obtained, is licensed by the United States department of agriculture pursuant to the federal animal welfare act, 7 U.S.C. Sec. 2131 et seq.;
All dogs sold or offered for sale by a retail pet store must be obtained directly from a breeder who, whether located in state or out of state, has maintained compliance with RCW 16.52.310 throughout the three-year period ending on the date each dog was obtained from the breeder;
A retail pet store must, prior to obtaining a dog from a breeder, obtain all inspection reports for the breeder created by the United States department of agriculture within the previous three years. A retail pet store must maintain and, upon request, produce the records for a period of five years following the sale of a dog obtained from the breeder after the effective date of this section; and
A retail pet store must disclose the full name and United States department of agriculture license number of the breeder from which the dog was obtained by posting the information prominently on the cage or enclosure of each dog offered for sale and on any advertisement for the sale of a dog, whether the advertisement appears on the internet or in any other form, forum, or media.
Local animal care and control agencies are responsible for enforcement of this section. A retail pet store that violates this section is subject to a class 1 civil infraction under RCW 7.80.120, for its first violation. Second and subsequent violations by a retail pet store are subject to a monetary penalty of $500. Any retail pet store with three or more violations is prohibited from selling or offering to sell any dogs. Each dog or cat offered for sale or sold by a retail pet store in violation of this section constitutes a separate violation.
For the purposes of this section, "retail pet store" means a for-profit place of business that sells or offers for sale pet supplies or pets. A person who offers for sale, directly to the public, only animals that the person bred and raised, is not considered a retail pet store.
This section modifies existing section 16.52.310. Here is the modified chapter for context.
A person may not own, possess, control, or otherwise have charge or custody of more than fifty dogs with intact sexual organs over the age of six months at any time.
Any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs with intact sexual organs over the age of six months and keeps the dogs in an enclosure for the majority of the day must at a minimum:
Provide space to allow each dog to turn about freely, to stand, sit, and lie down. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure must be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position. Each enclosure must be at least three times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade.
Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such exercise must include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable enclosure specified in (a) of this subsection allowing the dog free mobility for the entire exercise period, but may not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.
Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:
Housing facilities and primary enclosures must be kept in a sanitary condition. Housing facilities where dogs are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities must have a means of fire suppression, such as functioning fire extinguishers, on the premises and must have sufficient lighting to allow for observation of the dogs at any time of day or night;
Housing facilities must enable all dogs to remain dry and clean;
Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs;
Housing facilities must provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;
A primary enclosure must have floors that are constructed in a manner that protects the dogs' feet and legs from injury;
Primary enclosures must be placed no higher than forty-two inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;
Feces, hair, dirt, debris, and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors; and
All dogs in the same enclosure at the same time must be compatible, as determined by observation. Animals with a vicious or aggressive disposition must never be placed in an enclosure with another animal, except for breeding purposes. Breeding females in heat may not be in the same enclosure at the same time with sexually mature males, except for breeding purposes. Breeding females and their litters may not be in the same enclosure at the same time with other adult dogs. Puppies under twelve weeks may not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam unless under immediate supervision.
Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be regularly cleaned and sanitized. All enclosures must contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times.
A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor.
This section does not apply to the following:
A publicly operated animal control facility or animal shelter;
A private, charitable not-for-profit humane society or animal adoption organization;
A veterinary facility;
A retail pet store;
A research institution;
A boarding facility; or
A grooming facility.
Subsection (1) of this section does not apply to a commercial dog breeder licensed, before January 1, 2010, by the United States department of agriculture pursuant to the federal animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.) that has maintained the license without interruption since January 1, 2010.
For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:
"Dog" means any member of ; and
"Retail pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets and is regulated by the United States department of agriculture.