PIJAC

IL SB 1882 signed into law on August 24th

IL SB 1882 was signed into law by Governor Rauner as Public Act 100-322 on Thursday, August 24, 2017 and is effective immediately.

Details:

IL SB 1882 amends Chapter 225 (Professions, Occupations & Business Operations), Section 605 (Animal Welfare Act) of IL Compiled Statutes by adding a new section 3.8 regulating the sourcing of dogs and cats sold by pet shops.

As introduced:

  • Provides that a pet shop operator, dog dealer, or cattery operator may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who has committed violations of certain federal laws or regulations, as tracked by the USDA. 
  • Prohibits sourcing if the following applies:
  1. The person is not currently licensed by the USDA;
  2. On the last inspection report, as posted on the Animal Care Information System online search tool maintained by the USDA, before obtaining the dog or cat the person commits a critical non-compliant issue of any of the pet dealer regulations of the USDA under the federal Animal Welfare Act.
  3. The person commits a direct non-compliant issue of the pet dealer regulations of the USDA on the last inspection report posted on the Animal Care Information System online search tool maintained by the USDA, before obtaining the dog or cat, for violations relating to the health or welfare of the animal and the violations were not administrative in nature.
  • Provides that a pet shop operator, dog dealer, or cattery operator is presumed to have acted in good faith and to have satisfied obligation to ascertain whether a person meets the criteria if, when placing an order to obtain a dog or cat for sale or resale, the pet shop operator, dog dealer, or cattery operator conducts a search for inspection reports that are readily available of the breeder the Animal Care Information System online search tool maintained by the USDA.
  • A pet shop operator, dog dealer, or cattery operator is in compliance with this Section if the USDA website is unavailable through no fault of the pet shop operator, dog dealer, or cattery operator; however, the pet shop operator, dog dealer, or cattery operator shall obtain the most current inspection report as soon as it becomes available on the USDA website. 
  • Provides that sourcing of dogs and cats into Illinois is a matter of statewide interest and that a home rule unit may not regulate the sourcing of dogs and cats sold by pet shop operators, dog dealers, or cattery operators. 
  • Provides that every dog dealer and cattery operator shall provide for every dog or cat available for sale documentation that indicates that the dog or cat has been microchipped. 
  • Requires an animal shelter or animal control facility to provide information to an adopter prior to the time of adoption whether the dog or cat to be adopted was microchipped prior to being placed in the animal shelter or animal control facility.

5/2/17 amendment:

  • Removes language regarding home rule powers preventing localities in the state from prohibiting the sale of certain pets by pet shop operators, dog dealers, or cattery operators by regulating the sourcing of dogs and cats. 
  • Amends sourcing restriction provision to prohibit using breeders if: 1) During the prior 2-year period they received 1 direct or critical non-compliant citation on a final USDA inspection report; or 2) During the prior 2-year period they received 3 or more non-compliant citations on a final USDA inspection report; or 3) They received a no-access violation on each of the 3 most recent final USDA inspection reports. 
  • Adds provision that if inspections reports are not readily available on the USDA website, a pet shop operator must obtain them from the breeder. 
  • Amends microchipping provision to add requirement that a pet store must disclose that the purchaser has the option to list the pet store as a secondary contact on the microchip.

3/2/17 amendment:

  • Strikes references to “non-compliant issues” and replaces with “violation”. 
  • Adds the provision that a pet shop or dealer is in compliance with this section “if the most recent inspection report is unavailable through no fault of the licensed breeder or the APHIS online search tool is unavailable; however, the pet shop operator, dog dealer or cattery operator is presumed to have acted in good faith and to have satisfied its obligation if it is determined that the licensed breeder altered or falsified the inspection report provided at the time of sale.