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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4055 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to animals; creating the Breeding
Animals Responsibly and with Care Act; directing the
Oklahoma Department of Agriculture, Food, and
Forestry to charge for certain licenses and renewals;
providing fees; creating the Commercial Pet Breeders
and Animal Shelter Licensing Fund; providing primary
use of fund monies; providing secondary use of fund
monies; allowing the Department to provide grants to
certain nonprofit animal rescue organizations and
licensed foster programs; providing grant
requirements; listing permissible use of grant funds;
granting rulemaking authority; providing that the
grant is discretionary and is not an entitlement;
amending 4 O.S. 2021, Sections 30.2 and 30.4, which
relate to the Commercial Pet Breeders and Animal
Shelter Licensing Act; modifying definitions;
providing fine for violation; permitting forfeiture
of animals; providing exception; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Breeding
Animals Responsibly and with Care (BARC) Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 30.17 of Title 4, unless there
is created a duplication in numbering, reads as follows:
The Board of the Department of Agriculture, Food, and Forestry
(ODAFF) shall charge the following nonrefundable license or renewal
fees:
1. One to three intact female animals: $225.00
2. Four to twenty intact female animals: $300.00
3. Twenty-one to fifty intact female animals: $450.00
4. Fifty-one to one hundred intact female animals: $600.00
5. One hundred one or more intact female animals: $750.00
6. Animal shelter: $200.00
7. Nonprofit rescue license: $100.00
8. Foster home license: $50.00
9. If the commercial pet breeder or animal shelter operator
submits a renewal application and fee after the expiration date, the
commercial pet breeder or animal shelter operator shall pay double
the renewal fee as a late charge and the filing of a late
application shall be deemed a violation.
10. Pre-license inspection fee for new or expanding: $100.00
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 30.18 of Title 4, unless there
is created a duplication in numbering, reads as follows:
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A. All fees, penalties, and monies collected pursuant to the
Commercial Pet Breeders and Animal Shelter Licensing Act shall be
deposited into a revolving fund in the State Treasury to be known as
the Commercial Pet Breeders and Animal Shelter Licensing Fund. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and monies in the fund shall be expended by the
Department of Agriculture, Food, and Forestry for the purposes set
forth in this section.
B. Monies in the fund shall first be used by the Department to
adequately administer and enforce the Commercial Pet Breeders and
Animal Shelter Licensing Act, including, but not limited to:
1. Employment, training, and retention of inspectors and
enforcement personnel;
2. Pre-license, renewal, complaint-based, and unannounced
inspections;
3. Investigations, compliance monitoring, and enforcement
actions;
4. Administrative functions necessary to carry out licensing,
renewals, reporting, recordkeeping, and data collection; and
5. Technology, equipment, and systems necessary for inspection
reporting, tracking, and program administration.
The Department shall determine annually whether sufficient
funding exists to meet the administrative needs of the program.
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C. After the Department determines that the administrative and
enforcement needs of the program are adequately funded, any
remaining monies may be used, at the discretion of the Department,
for the following purposes:
1. Public education and outreach related to:
a. responsible breeding practices,
b. animal welfare standards, and
c. licensing and compliance requirements;
2. Spay and neuter programs for dogs and cats;
3. Educational materials, training resources, and technical
assistance for license holders; and
4. Support for animal welfare initiatives consistent with the
purposes of the Commercial Pet Breeders and Animal Shelter Licensing
Act.
The Department shall have discretion to prioritize the use of
such funds based on program needs, geographic considerations, and
demonstrated impact.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 30.19 of Title 4, unless there
is created a duplication in numbering, reads as follows:
A. Subject to the availability of funds and after satisfaction
of the administrative priorities set forth in the Commercial Pet
Breeders and Animal Shelter Licensing Act, the Department of
Agriculture, Food, and Forestry may award grants from the Commercial
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Pet Breeders and Animal Shelter Licensing Fund to eligible nonprofit
animal rescue organizations and licensed foster programs.
B. To be eligible for a grant under this section, an applicant
shall:
1. Hold a valid nonprofit rescue license or foster home license
issued pursuant to the Commercial Pet Breeders and Animal Shelter
Licensing Act;
2. Be in good standing with the Department and not be subject
to any pending enforcement action;
3. Be a nonprofit organization exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code, if
applicable; and
4. Comply with all applicable state and local animal welfare
laws and rules.
C. Grant funds awarded pursuant to this section may be used for
purposes including, but not limited to:
1. Veterinary care, including emergency medical treatment;
2. Spay and neuter services;
3. Temporary housing, foster support, and animal transport;
4. Supplies, equipment, and materials necessary for animal
care; and
5. Capacity-building efforts to support intake, rehabilitation,
and rehoming of animals.
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D. The Department shall promulgate rules establishing
procedures and criteria for the award of grants under this section,
including:
1. Application requirements;
2. Award limits and funding priorities;
3. Reporting and accountability standards; and
4. Measures to ensure geographic and programmatic balance.
E. Nothing in this section shall be construed to create an
entitlement to grant funding or to require the Department to award
grants in any fiscal year.
SECTION 5. AMENDATORY 4 O.S. 2021, Section 30.2, is
amended to read as follows:
Section 30.2. As used in the Commercial Pet Breeders and Animal
Shelter Licensing Act:
1. "Adult animal" means an intact female animal twelve (12)
months of age or older;
2. "Animal" means a dog or a cat;
3. "Animal shelter" means any nongovernmental facility that
maintains ten or more dogs and cats operated by or under contract
for the state, a county, a municipal corporation, or any other
political subdivision of the state for the purpose of impounding or
harboring seized, stray, homeless, abandoned or unwanted dogs or
cats; and any facility that maintains ten or more dogs and cats
operated, owned, or maintained by any person or organization for
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such purpose, but not including any facility that does not house or
harbor dogs or cats on the premises and only operates through a
system of fostering in private homes;
4. "Animal shelter operator" means any individual, entity,
association, trust, or corporation that operates a nongovernmental
facility that maintains ten or more dogs and cats for the purpose of
impounding or harboring seized, stray, homeless, abandoned or
unwanted dogs or cats, but not including any facility that does not
house or harbor dogs or cats on the premises and only operates
through a system of fostering in private homes;
5. "Board" means the State Board of Agriculture;
6. "Cat" means a mammal that is wholly or partly of the species
Felis domesticus;
7. "Commercial breeder" and "commercial pet breeder" mean any
individual, entity, association, trust, or corporation who possesses
eleven four or more intact female animals for the use of breeding or
dealing in animals for direct or indirect sale or for exchange in
return for consideration;
8. "Commercial pet breeder license" means a license issued to
any person that qualifies and is licensed as a commercial pet
breeder;
9. "Animal shelter license" means a license issued to any
applicant that qualifies and is licensed as an animal shelter
operator;
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10. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
11. "Dog" means a mammal that is wholly or partly of the
species Canis familiaris;
12. "Facility" means the premises used by one or more animal
shelter operators or commercial breeders. The term includes all
buildings, property, and confinement areas in a single location used
to conduct the animal shelter or commercial breeding business;
13. "Family member" means the parent, spouse, child, or sibling
of an individual;
14. "Humane society" means a nonprofit organization exempt from
federal income taxation as an organization described in Section
501(c)(3), Internal Revenue Code of 1986, as amended, that has as a
principal purpose the prevention of animal cruelty or the sheltering
of, caring for, and providing of homes for lost, stray, and
abandoned animals;
15. "Inspector" means an authorized agent of the Board or any
other qualified person authorized by the Department to conduct
inspections;
16. "Intact female animal" means a female animal, nine (9)
months of age or older, and not spayed;
17. "Kitten" means a cat less than twelve (12) months old;
18. "Local animal control authority" means a municipal or
county animal control office with authority over the premises in
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which an animal is kept or, in an area that does not have an animal
control office, the county sheriff;
19. "Marketing" means the solicitation for sale of animals;
20. "Noncommercial breeder" means any individual, entity,
association, trust, or corporation who possesses ten three or fewer
intact female animals for the use of breeding or dealing in animals
for direct or indirect sale or for exchange in return for
consideration;
21. "Person" means any individual, association, trust,
corporation, limited liability company, partnership, or other
entity;
22. "Pet" means a dog or cat, including a puppy or kitten;
23. "Possess" means to have custody of or control over;
24. "Puppy" means a dog less than twelve (12) months old; and
25. "Veterinarian" means a person currently licensed to
practice veterinary medicine in Oklahoma.
SECTION 6. AMENDATORY 4 O.S. 2021, Section 30.4, is
amended to read as follows:
Section 30.4. A. A person shall not act, offer to act, or hold
himself or herself out as a commercial pet breeder or operate an
animal shelter in this state unless the person holds a license
obtained pursuant to the Commercial Pet Breeders and Animal Shelter
Licensing Act for each facility that the person owns or operates in
this state.
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B. It shall be unlawful for any person to act as a commercial
pet breeder licensee, or operate as an animal shelter licensee, or
to hold himself or herself out as such, unless the person shall have
been licensed to do so under the Commercial Pet Breeders and Animal
Shelter Licensing Act.
C. An applicant for an animal shelter or commercial pet breeder
license shall meet the criteria established by the State Board of
Agriculture through rules promulgated pursuant to the Commercial Pet
Breeders and Animal Shelter Licensing Act.
D. Any animal shelter operator or commercial pet breeder that
applies for an animal shelter or commercial pet breeder license no
later than September 1, 2013, shall not be required to meet any
cage-size requirement more stringent than United States Department
of Agriculture standards. Regardless of license application date,
any animal shelter operator or commercial pet breeder replacing or
adding cages after September 1, 2013, shall meet the cage-size
requirements as of the date of replacement or addition.
E. Any person violating subsections A or B of this section
shall be fined Twelve Thousand Dollars ($12,000.00) and any animals
in his or her possession shall be forfeited and taken to animal
control unless he or she can prove that the animals have been spayed
or neutered.
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SECTION 7. This act shall become effective November 1, 2026.
60-2-15398 JL 01/15/26