February 2024

Kelly Crouch, CFA Legislative Information Liaison

Retail pet store legislation prohibiting pet stores from selling cats, dogs, and other animals continues to be proposed, often as all-out bans – but not without some legislators trying a different approach. Hawaii, New Hampshire, and Vermont are considering a slow-death approach to retail pet store animal sales. At the same time, Indiana legislators seek to prevent local governments from passing bans reserving that power for the state.

In Hawaii’s SB 2120, stores not operating before January 1, 2025, would be prohibited from selling cats, dogs, guinea pigs, domesticated pigs, or caged birds. Existing stores selling these animals must retain the same ownership and location and meet new documentation requirements. New Hampshire’s Environment and Agriculture Committee deemed a similar approach in HB 1680-FN, “inexpedient to legislate”. It would have prohibited pet store sales of dogs and cats unless the store were a licensed pet vendor before July 1, 2024. But no pet store could have transferred more dogs and cats in any calendar year than the store did in 2023. Vermont’s HB 567 contains requirements for cats, dogs, and wolf-hybrids sold by pet stores similar to the New Hampshire bill.

However, not all state legislators appreciate the patchwork quilt of local government pet store restrictions or agree with curtailing responsible pet shop sales of legal pets. Instead, these legislators would preempt local governments from adopting ordinances restricting retail pet store animal sales. Indiana’s HB 1412 , now in the Senate, includes a preemptive provision with other amendments expanding the Board of Animal Health’s responsibilities regarding pet stores, commercial dog breeders, and hobby dog breeders. While the bill would prevent local governments from prohibiting retail pet store sales of dogs acquired from authorized breeders, they can adopt inspections, licenses, or other applicable ordinances. Cats are not included in the bill.

Preemption legislation may benefit some fanciers as local governments sometimes use retail pet store bans to restrict hobby breeding. Also, redefining rescue to exclude rescues with active breeder involvement, while not added to these bills, continues to be a problem for fanciers.