Revise the law governing high volume dog breeders

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 232

2025-2026

Senator Weinstein

To
amend
sections
956.01, 956.031, and
956.10
of the Revised Code
to
revise the law governing high volume dog breeders.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That

sections
956.01, 956.031, and
956.10
of the Revised Code be amended to read as follows:

Sec.
956.01.
As
used in this chapter:

"Accredited
veterinarian" means a veterinarian accredited by the United
States department of agriculture.

"Adult
dog" means a dog that is twelve months of age or older.

"Animal
rescue for dogs" means an individual or organization recognized
by the director of agriculture that keeps, houses, and maintains dogs
and that is dedicated to the welfare, health, safety, and protection
of dogs, provided that the individual or organization does not
operate for profit, does not sell dogs for a profit, does not breed
dogs, does not sell dogs to a dog broker or pet store, and does not
purchase more than nine dogs in any given calendar year unless the
dogs are purchased from a dog warden appointed under Chapter 955. of
the Revised Code, a humane society, or another animal rescue for
dogs. "Animal rescue for dogs" includes an individual or
organization that offers spayed or neutered dogs for adoption and
charges reasonable adoption fees to cover the costs of the individual
or organization, including, but not limited to, costs related to
spaying or neutering dogs.

"Animal
shelter for dogs" means a facility that keeps, houses, and
maintains dogs such as a dog pound operated by a municipal
corporation, or by a county under Chapter 955. of the Revised Code,
or that is operated by a humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization that is devoted to the welfare, protection, and humane
treatment of dogs and other animals.

"Boarding
kennel" means an establishment operating for profit that keeps,
houses, and maintains dogs solely for the purpose of providing
shelter, care, and feeding of the dogs in return for a fee or other
consideration.

"Breeding
dog" means an unspayed adult female dog that is primarily used
for producing offspring.

"Dog
broker" means a person who buys, sells, or offers to sell dogs
at wholesale for resale to another or who sells or gives one or more
dogs to a pet store annually. "Dog broker" does not include
an animal rescue for dogs, an animal shelter for dogs, a humane
society, a medical kennel for dogs, a research kennel for dogs, a pet
store, or a veterinarian.

"Enrichment"
means any modification in the environment of a confined dog that
seeks to enhance the dog's physical and psychological well-being by
providing stimuli that meets the dog's breed-specific needs.

"Exercise"
means activity that allows a dog to extend to full stride, play, and
engage in other types of mentally stimulating and social behaviors.

"High
volume breeder" means an establishment that keeps, houses, and
maintains six or more breeding dogs and
does
at least one of the following:

(1)
In
in

return
for a fee or other consideration, sells
five
or more
adult
dogs or puppies
in
any calendar year
to
dog brokers
,

or

pet
stores
,
or the public
;

(2)
In return for a fee or other consideration, sells forty or more
puppies in any calendar year to the public; or

(3)
Keeps, houses, and maintains, at any given time in a calendar year,
more than forty puppies that are under four months of age, that have
been bred on the premises of the establishment, and that have been
primarily kept, housed, and maintained from birth on the premises of
the establishment
.

"Humane
society" means an organization that is organized under section
1717.05 of the Revised Code.

"Environmental
division of the Franklin county municipal court" means the
environmental division of the Franklin county municipal court created
in section 1901.011 of the Revised Code.

"Medical
kennel for dogs" means a facility that is maintained by a
veterinarian and operated primarily for the treatment of sick or
injured dogs.

"Pet
store" means an individual retail store to which both of the
following apply: the store sells forty or more puppies or adult dogs
in any calendar year to the public; and with regard to the sale of a
dog from the store, the sales person, the buyer of a dog, and the dog
for sale are physically present during the sales transaction so that
the buyer may personally observe the dog and help ensure its health
prior to taking custody. "Pet store" does not include an
animal rescue for dogs, an animal shelter for dogs, a humane society,
a medical kennel for dogs, a research kennel for dogs, or a high
volume breeder or any other dog breeder that maintains and sells dogs
from the same premises where the dogs are bred and reared.

"Puppy"
means a dog that is under twelve months of age.

"Research
kennel for dogs" means a facility housing dogs that is
maintained exclusively for research purposes.

"Thermoneutral
zone" means the range of ambient temperature in which a dog is
able to maintain normal body temperature without a change in
metabolic rate.

"Veterinarian"
means either a veterinarian licensed in this state under Chapter
4741. of the Revised Code or a veterinarian licensed out of this
state by an applicable state entity.

Sec.
956.031.
In
addition to complying with rules adopted under section 956.03 of the
Revised Code, a high volume breeder shall do all of the following
with regard to a dog that is kept, housed, and maintained by the
breeder:

(A)
Unless otherwise directed by a veterinarian, provide the dog, twice
each day, with food that is all of the following:

(1)
Sufficient to maintain normal body condition and weight;

(2)
Unspoiled and uncontaminated;

(3)
Provided in accordance with a nutritional plan recommended by a
veterinarian;

(4)
Served in receptacles that are clean and sanitary.

A
high volume breeder may temporarily withhold food when directed by a
veterinarian to do so.

(B)
Each day provide access to a continuous supply of potable water in
clean and sanitary receptacles that is of sufficient quality and
quantity to ensure maintenance of normal body condition and growth
unless otherwise directed by a veterinarian.

(C)
Keep or confine the dog in a primary enclosure that complies with all
of the following:

(1)
The interior of the enclosure is at least six inches higher than the
head of the tallest dog housed in the enclosure when the dog is in a
normal standing position.

(2)
It allows each dog housed in the enclosure to turn in a complete
circle, lie down, and fully extend its limbs.

(3)
It is not stacked on top of another primary enclosure.

(4)
It is cleaned at least once per day to remove excreta, dirt, grime,
and other waste.

(D)
On and after December 31, 2021, keep or confine the dog in a primary
enclosure that has a minimum floor space in square inches equal to
the following: (the length of the dog housed in the enclosure in
inches, as measured from the tip of the nose to the base of the tail,
+ nine inches)^2 multiplied by two. For each additional dog that is
kept or confined in a primary enclosure, the enclosure shall have
additional floor space in square inches equal to the following:
(length of each additional dog housed in the enclosure in inches, as
measured from the tip of the nose to the base of the tail, + nine
inches)^2.

As
used in this division, "dog" means a puppy that is twelve
weeks of age or older or an adult dog.

(E)
On and after December 31, 2021, ensure that the minimum floor space
provided in accordance with division (D) of this section is solid or
consists of slats. If the floor space consists of slats, the high
volume breeder shall ensure that all of the following apply:

(1)
The spaces between the slats are not more than one-half inch in
width.

(2)
The slats are not less than three and one-half inches in width.

(3)
All of the slats run in the same direction.

(4)
The floor is level.

(F)
On and after December 31, 2021, ensure that all flooring complies
with the following:

(1)
It consists of materials that can be cleaned and sanitized; are safe
for the breed, size, and age of the dog; are free from protruding
sharp edges; and are designed so that the paw of the dog is unable to
extend through or become caught in the flooring.

(2)
If the flooring surface consists of a material that is not solid, it
has a solid resting area that can accommodate the full length of the
dog while lying down.

(3)
It does not sag, bend, or bounce.

(4)
It does not consist of metal wire, unless the metal wire is coated
with another material and the outer diameter of the coated metal
measures six gauge or thicker.

(G)
If the high volume breeder is using an indoor primary enclosure to
house the dog, ensure that the enclosure is located in a facility
that permits regulation of temperature, ventilation, and lighting,
including diurnal lighting. The high volume breeder shall ensure that
the lighting is sufficient, either through natural or artificial
means, to observe the physical condition of the dog and to permit
inspection and cleaning of the dog and the primary enclosure.

(H)
Use an outdoor primary enclosure to house the dog only if a
veterinarian approves such use;

(I)
If the high volume breeder is using an outdoor primary enclosure to
house the dog as provided in division (H) of this section and if
climatic or ambient temperatures pose a threat to the health and
welfare of the dog, take effective measures to eliminate the threat.
If the high volume breeder has to take such measures, the high volume
breeder shall consider the dog's age, breed, overall health, and
acclimation to the environment. The high volume breeder shall not use
an outdoor primary enclosure to house the dog if the dog is unable to
tolerate the prevalent temperatures within the dog's thermoneutral
zone.

(J)
House the dog with other dogs, except for reasons of health,
biosecurity, breeding, and behavioral issues.

(K)
If the dog is a puppy that is four months or younger, house the dog
with an adult dog only if the adult dog is the puppy's dam or foster
dam;

(L)
If the dog is a female, breed the dog only if the dog has maintained
a normal body condition and has been declared healthy by a
veterinarian following a physical examination;

(M)
If the dog is a female, ensure that the dog does not produce more
than eight litters in its lifetime;

(N)
Provide a clean, dry whelping area for each dam and her nursing
puppies. The high volume breeder shall ensure that the area fully
accommodates all puppies, allows the dam to lie fully recumbent and
stand, and permits the dam to temporarily move away from her puppies
as she chooses. The high volume breeder shall ensure that no other
animals inhabit the whelping area other than the dam and her puppies.

(O)
Provide the dog an opportunity for daily exercise of at least thirty
minutes. However, this requirement does not apply to an expectant
female dog beginning fifty-two days after the first breeding date
until the dog gives birth, postpartum female dog, or any other dog as
directed by a veterinarian.

(P)
Provide the dog an opportunity to safely access the outdoors during
daylight hours. However, this requirement does not apply to an
expectant female dog beginning fifty-two days after the first
breeding date and until the dog gives birth, a female dog that is
nursing, or a puppy that is younger than twelve weeks of age.

(Q)
Provide the dog with daily environmental enrichment in the dog's
primary enclosure;

(R)
Provide human interaction with the dog for at least fifteen minutes
each day in addition to interaction that occurs during feeding and
cleaning time. The interaction, at a minimum, shall include verbal
and tactile stimulation in a positive and beneficial manner.

(S)
Provide the dog appropriate medical care by a veterinarian, including
prompt treatment for any significant disease, illness, or injury;

(T)
If the dog is an adult dog, provide the dog with an annual physical
examination by a veterinarian;

(U)
Comply with a vaccination and parasite control program that is
provided by a veterinarian and that is consistent with
recommendations of the American veterinarian medical association or
the American animal hospital association;

(V)
If a surgical or euthanasia procedure is
required
performed,
including tail docking, dew claw removal, and ear cropping
,
use a veterinarian to perform the procedure.

Sec.
956.10.
(A)(1)
At least once annually, the director of agriculture or the director's
authorized representative shall inspect a high volume breeder that is
subject to licensure under this chapter and rules adopted under
section 956.03 of the Revised Code to ensure compliance with this
chapter and rules adopted under it, including the standards of care
established in rules adopted under that section.

(2)
The director or the director's authorized representative shall
inspect a boarding kennel when the director or the director's
authorized representative has received information that the boarding
kennel is breeding dogs and may be subject to licensure under this
chapter and rules adopted under section 956.03 of the Revised Code.

(B)
The director or the director's authorized representative may do any
of the following:

(1)
Upon receiving a complaint, inspect a high volume breeder that is
subject to licensure under this chapter and rules adopted under
section 956.03 of the Revised Code to ensure compliance with this
chapter and rules adopted under it;

(2)
Upon the request of a member of the public, a public official, or an
animal shelter for dogs, inspect any facility at which a person is
acting as or performing the functions of a dog broker to ensure such
compliance;

(3)
Upon receiving a complaint, inspect an animal rescue for dogs to
ensure compliance with section 956.06 of the Revised Code and
applicable rules adopted under section 956.03 of the Revised Code
;

(4)
Conduct an inspection under this section during regular business
hours without providing notice in advance
.

(C)
Inspections shall be conducted
in

as
follows:

(1)
During regular business hours without providing notice in advance;

(2)
In
accordance
with
this
section and
rules
adopted under section 956.03 of the Revised Code. A record of each
inspection shall be made by the director or the director's authorized
representative who is responsible for the inspection in accordance
with those rules.

(D)
The director or the director's authorized representative, upon proper
identification and upon stating the purpose and necessity of an
inspection, may enter at reasonable times on any public or private
property, real or personal, to inspect or investigate and to examine
or copy records in order to determine compliance with this chapter
and rules adopted under it. The director, the director's authorized
representative, or the attorney general upon the request of the
director may apply to the appropriate court in the county in which
inspection will occur for an appropriate court order or search
warrant as necessary to achieve the purposes of this chapter and
rules adopted under it.

(E)
No owner or operator of a high volume breeder, person acting as or
performing the functions of a dog broker, owner or operator of a
boarding kennel, or owner or operator of an animal rescue for dogs
shall interfere with an inspection or refuse to allow the director or
the director's authorized representative full access to all areas
where dogs are kept or cared for. If entry is refused or inspection
or investigation is refused, hindered, or thwarted by a high volume
breeder or dog broker, the director may suspend or revoke the
breeder's or broker's license in accordance with this chapter.

(F)(1)
The director may enter into a contract or agreement with a
veterinarian to conduct inspections under this section. The
veterinarian shall be considered the director's authorized
representative for the purposes of this section.

(2)
A veterinarian with whom the director has entered into a contract or
agreement under division (F)(1) of this section may inspect a high
volume breeder with whom the veterinarian has established a
veterinary-client-patient relationship as described in section
4741.04 of the Revised Code only every other year.

(3)
If the director determines that a veterinarian with whom the director
has entered into a contract or agreement under division (F)(1) of
this section has falsified any information submitted to the director
pursuant to an inspection, the director shall inform the veterinary
medical licensing board created by Chapter 4741. of the Revised Code
of the falsification.

(G)(1)
If entry that is authorized by division (D) of this section is
refused or if an inspection or investigation is refused, hindered, or
thwarted by intimidation or otherwise and if the director, an
authorized representative of the director, or the attorney general
applies for and obtains a court order or a search warrant under
division (D) of this section to conduct the inspection or
investigation, the owner or operator of the premises where entry was
refused or inspection or investigation was refused, hindered, or
thwarted, if found guilty of violating this chapter or rules adopted
under it, is liable to the director for all of the following:

(a)
The reasonable costs incurred by the director for the regular
salaries and fringe benefit costs of personnel assigned to conduct
the inspection or investigation from the time the court order or
search warrant was issued until the court order or search warrant is
executed;

(b)
The salary, fringe benefits, and travel expenses of the director, an
authorized representative of the director, or the attorney general
incurred in obtaining the court order or search warrant; and

(c)
Expenses necessarily incurred for the assistance of local law
enforcement officers in executing the court order or search warrant.

(2)
In the application for a court order or a search warrant, the
director, the director's authorized representative, or the attorney
general may request and the court, in its order granting the court
order or search warrant, may order the owner or operator of the
premises, if found guilty of violating this chapter or rules adopted
under it, to reimburse the director for any of the costs described in
division (G)(1) of this section that the court finds reasonable. From
money recovered under this division, the director shall do all of the
following:

(a)
Reimburse the attorney general for the costs incurred by the attorney
general in connection with proceedings for obtaining the court order
or search warrant;

(b)
Reimburse the political subdivision in which the premises is located
for the assistance of its law enforcement officers in executing the
court order or search warrant;

(c)
Deposit the remainder in the state treasury to the credit of the high
volume breeder kennel control license fund created in section 956.18
of the Revised Code.

(H)
A dog warden appointed under Chapter 955. of the Revised Code or an
agent of a humane society entering on public or private property to
make investigations and inspections in accordance with Chapter 955.
or 1717. of the Revised Code, as applicable, shall report any
violations of this chapter and rules adopted under it to the director
or the director's authorized representative.

Section
2.
That
existing
sections
956.01, 956.031, and
956.10
of the Revised Code
are

hereby
repealed.