South Dakota lawmakers have introduced a bill that seeks to regulate the state’s commercial dog breeders. It includes restrictions on selling dogs to pet shops, a cap on the number of dogs a breeder can maintain and policing guidelines, among other provisions.

As written, House Bill 1146 would prohibit commercial breeders not licensed by the U.S. Department of Agriculture from selling a dog to a pet shop, unless the breeder receives a USDA dealer’s permit. A “commercial dog breeder” is defined as “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 as companion animals.”

The bill would also prohibit pet shops from selling or offering for sale any dog obtained from a person who is not a dealer or licensed by the USDA.

Any pet shop or commercial breeder found in violation of these requirements would be subject to a Class 1 misdemeanor.

In addition, HB 1146 would prohibit a breeder from having more than 50 dogs over the age of one at any time, unless the breeder receives approval by the local government. Standards of care and recordkeeping requirements are provided in the measure.

Any peace officer, officer or agent of a humane society, an animal control officer or agent of the South Dakota Animal Industry Board would have the authority to investigate any violation, if the bill is approved. The investigation may include the inspection of the breeder’s books and records, companion animal owned by the breeder and any place associated with the dog breeding facility where dogs are bred or maintained.

The bill prohibits commercial dog breeders from operating or maintaining a controlling interest in any pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals or other similar organization that releases companion animals for adoption. In a statement, the Pet Industry Joint Advisory Council said the measure should include a reciprocal provision that prohibits such animal welfare organizations (except for pounds, which are government entities) from having a controlling interest in commercial breeding operations for the purpose of supplying itself with dogs for adoptions.

HB 1146 has been assigned to the House Agriculture & Natural Resources Committee. A hearing has not yet been set.

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