House Bill 26-1011 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the transfer of certain pet animals in Colorado.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, a pet store in Colorado is permitted to sell or offer for sale dogs or cats if the pet store abides by certain requirements. The bill removes the existing permission so that, beginning January 1, 2027, a pet store is no longer permitted to sell, lease, offer to sell or lease, barter, auction, or otherwise transfer ownership of a dog or cat. Nothing prohibits a pet store from providing space for the display of dogs or cats available for adoption if the pet store does not collect a fee from the display and if certain requirements are met.

The bill defines "broker" as a person that, for profit, sells, leases, offers to sell or lease, barters, auctions, or otherwise transfers ownership of, in person or online, a pet animal bred by another person. The bill states that a broker is not permitted to sell, lease, offer to sell or lease, barter, auction, or otherwise transfer ownership of a dog or cat. The bill clarifies that the following are still permitted:

• The sale, transfer, or adoption of an animal, including a law enforcement animal, to a governmental agency;
• The sale, transfer, or adoption of a guide, signal, or service dog;
• The sale, transfer, or adoption of a dog or cat by an animal shelter or pet animal rescue;
• The sale or transfer of a dog or cat by the original breeder of the dog or cat;
• The sale or transfer of a dog or cat by, or on behalf of, the bona fide owner that is not the original breeder of the dog or cat to a new owner, so long as the bona fide owner does not sell or transfer a dog or cat more than three instances per each calendar year; and
• The sale, transfer, or adoption of a dog or cat by a health-related research facility.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly

• Page 2, Line 3finds and declares that:

• Page 2, Line 4(a)  Dogs in commercial breeding facilities, known as puppy mills,

• Page 2, Line 5spend most of their lives in cramped cages, where they are forced to

• Page 2, Line 6produce litter after litter and suffer from inadequate care, which

• Page 2, Line 7frequently results in disease, behavioral issues, and even death;

• Page 2, Line 8(b)  While there are federal regulations intended to provide

• Page 2, Line 9oversight of commercial breeding facilities, these federal regulations do

• Page 2, Line 10not suffice in preventing cruelty to dogs in these facilities;

• Page 2, Line 11(c)  Retail stores and brokers selling dogs to the public engage in

• Page 2, Line 12deceptive business practices, harming consumers across the state who are

• Page 2, Line 13falsely made to believe that they are purchasing healthy puppies; and

• Page 3, Line 1(d)  Therefore, it is the policy of the state to end the sales and other

• Page 3, Line 2transfers of dogs in retail stores and by brokers in order to:

• Page 3, Line 3(I)  Shut down the puppy mill pipeline and end the cruelty to dogs

• Page 3, Line 4in these facilities;

• Page 3, Line 5(II)  Protect consumers from deceptive business practices; and

• Page 3, Line 6(III)  Support responsible breeders, animal shelters, and pet animal

• Page 3, Line 7rescues.

• Page 3, Line 8(2)  The general assembly further finds and declares that nothing

• Page 3, Line 9in this act impacts agricultural operations in the state.

• Page 3, Line 10SECTION 2.  In Colorado Revised Statutes, 35-80-102, add (1.7)

• Page 3, Line 11and (8.5) as follows:

• Page 3, Line 1235-80-102.  Definitions.

• Page 3, Line 13As used in this article 80, unless the context otherwise requires:

• Page 3, Line 14(1.7)  "Broker" means a person that, for profit, sells,

• Page 3, Line 15leases, offers to sell or lease, barters, auctions, or otherwise

• Page 3, Line 16transfers ownership of, in person or online, a pet animal bred by

• Page 3, Line 17another person.

• Page 3, Line 18(8.5)  "Governmental agency" means a state agency or an

• Page 3, Line 19office, department, division, board, bureau, commission,

• Page 3, Line 20institution, or agency of a county, city, or city and county in

• Page 3, Line 21the state.

• Page 3, Line 22SECTION 3.  In Colorado Revised Statutes, amend 35-80-108.5

• Page 3, Line 23as follows:

• Page 3, Line 2435-80-108.5.  Pet stores - brokers - exceptions - short title.

• Page 3, Line 25(1)  The short title of this section is the "Pet Store Consumer

• Page 3, Line 26Protection Act" "Pistol the Pomeranian Protection Act".

• Page 3, Line 27(2)  A pet store that sells or offers for sale dogs or cats shall:

• Page 4, Line 1(2) (a)  Include on all advertisements, including website postings,

• Page 4, Line 2the purchase price of the dog or cat and any applicable federal or state

• Page 4, Line 3license numbers for the breeder of the dog or cat; On and after

• Page 4, Line 4January 1, 2027, a pet store shall not sell, lease, offer to sell or

• Page 4, Line 5lease, barter, auction, or otherwise transfer ownership of a dog

• Page 4, Line 6or cat.

• Page 4, Line 7(b)  Post on the enclosure of each dog or cat the purchase price of

• Page 4, Line 8the dog or cat and the following information on the dog's or cat's breeder:

• Page 4, Line 9Full name; kennel name, if applicable; city; state; and any applicable state

• Page 4, Line 10or federal license numbers; and Nothing in this section prohibits a

• Page 4, Line 11pet store from providing space for the display of dogs or cats

• Page 4, Line 12available for adoption if:

• Page 4, Line 13(I)  The dogs or cats are displayed by a licensed animal

• Page 4, Line 14shelter or pet animal rescue;

• Page 4, Line 15(II)  The pet store does not receive a fee in connection with

• Page 4, Line 16the display of the dogs or cats; and

• Page 4, Line 17(III)  Any dog or cat displayed for adoption is sterilized in

• Page 4, Line 18accordance with applicable state and local regulations.

• Page 4, Line 19(c)  Disclose to a prospective consumer in writing, prior to the sale

• Page 4, Line 20of a dog or cat, the following information about the dog or cat:

• Page 4, Line 21(I)  The purchase price of the dog or cat;

• Page 4, Line 22(II)  The interest rate or range associated with any financing or

• Page 4, Line 23credit card offered to the prospective purchaser; and

• Page 4, Line 24(III)  Any applicable federal or state license numbers and an

• Page 4, Line 25unredacted list of all violations of any federal or state law the dog or cat

• Page 4, Line 26breeder, broker, or transporter received in the previous two years on a

• Page 4, Line 27federal or state inspection report.

• Page 5, Line 1(3)  Nothing in this section precludes a statutory or home rule

• Page 5, Line 2town, city, county, or city and county from enacting laws more stringent

• Page 5, Line 3than the requirements of this section. including a prohibition on the sale

• Page 5, Line 4or offer for sale of dogs and cats.

• Page 5, Line 5(4) (a)  A broker shall not sell, lease, offer to sell or

• Page 5, Line 6lease, barter, auction, or otherwise transfer ownership of a dog

• Page 5, Line 7or cat.

• Page 5, Line 8(b)  Subsection (4)(a) of this section does not apply to:

• Page 5, Line 9(I)  The sale, transfer, or adoption of an animal, including

• Page 5, Line 10a law enforcement animal, to a governmental agency;

• Page 5, Line 11(II)  The sale, transfer, or adoption of a guide, signal, or

• Page 5, Line 12service dog;

• Page 5, Line 13(III)  The sale, transfer, or adoption of a dog or cat by an

• Page 5, Line 14animal shelter or pet animal rescue;

• Page 5, Line 15(IV)  The sale or transfer of a dog or cat by the original

• Page 5, Line 16breeder of the dog or cat;

• Page 5, Line 17(V)  The sale or transfer of a dog or cat by, or on behalf

• Page 5, Line 18of, the bona fide owner that is not the original breeder of the

• Page 5, Line 19dog or cat to a new owner, so long as the bona fide owner does

• Page 5, Line 20not sell or transfer a dog or cat more than three instances per

• Page 5, Line 21each calendar year; or

• Page 5, Line 22(VI)  The sale, transfer, or adoption of a dog or cat by a

• Page 5, Line 23health-related research facility pursuant to section 35-82-102.

• Page 5, Line 24SECTION 4.  Safety clause. The general assembly finds,

• Page 5, Line 25determines, and declares that this act is necessary for the immediate

• Page 5, Line 26preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 1the support and maintenance of the departments of the state and state

• Page 6, Line 2institutions.