You asked if any New England states ban the sale of cats or dogs in pet shops, or limit their sale to certain locations. You also asked what Connecticut laws regulate the care of cats and dogs in retail stores.

SUMMARY

All six New England states regulate, but do not ban, the sale of cats and dogs in pet shops. All six states require pet shops to be licensed and adhere to statutory or regulatory standards regarding health and safety conditions. None of the states limit sales to certain locations, but they do regulate sales by breeders and others. Three states (Connecticut, Massachusetts, and New Hampshire) prohibit pet shops from importing or offering for sale puppies or kittens younger than eight weeks old.

Connecticut regulates the care of cats and dogs in pet shops under Title 22, Chapter 435 of the Connecticut General Statutes, Dogs and Other Companion Animals, Kennels and Pet Shops (CGS § 22-327 to § 22-367a).

PET SHOP LAWS IN NEW ENGLAND STATES

Connecticut

Under state law, a pet shop is any place at which animals not born and raised on the premises are kept for sale to the public (CGS § 22-327(9)). Pet shop owners must obtain a license from the agriculture commissioner and maintain the promises according to state regulations regarding sanitation, disease, humane treatment, and protection of the public (CGS § 22-344 and Conn. Agency Regs. § 22-344-16a to 25c)). The law prohibits anyone from buying a dog or cat for resale without a pet shop license (CGS § 22-344e).

Connecticut also regulates kennels, which refers to a pack or collection of dogs bred for show, sport, or sale, and kept by a one ownership at a single location (CGS § 22-327(7)). Any kennel owner or keeper who annually breeds more than two litters of dogs must be licensed (CGS § 22-342). Municipalities may require licensure of breeding facilities that keep 10 or more un-neutered or un-spayed dogs (CGS § 22-344c). The law bars anyone from selling puppies or kittens younger than eight weeks old, and prohibits anyone from importing or exporting a puppy or kitten for sale unless it is transported with its mother (CGS § 22-354).

Maine

Under Maine law, a pet shop is a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised there are kept for the purpose of sale to the public (Maine Rev. Stat. Ann. Title 7, § 3907). A person maintaining a pet shop must obtain a license from the Department of Agriculture, Food and Rural Resources, and is subject to department rules (Maine Rev. Stat. Ann. Title 7 § 3933). People who own or are responsible for confining an animal must supply them with sufficient food and potable water, necessary medical attention, proper shelter, and humanely clean conditions (Maine Rev. Stat. Ann. Title 7 §§ 4013, 4014 and 4015).

In Maine, a “pet dealer” is a person who sells more than 16 animals to the public in a twelve-month period. The definition includes breeders selling directly or indirectly to the public, but not humane societies or

animal shelters (Maine Rev. Stat. Ann. Title 7 § 4151). The law requires pet dealers to disclose certain information to buyers and prohibits the sale of animals with certain diseases and conditions (Maine Rev. Stat. Ann. Title 7 § 4152 and § 4153). Maine also requires licensing of kennels and animal shelters (Maine Rev. Stat. Ann. Title 7 § 3931-A and 3932-A).

Massachusetts

Massachusetts defines a pet shop as a place or premise where birds, mammals, or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange, or gift (Mass Gen. Laws, chapter 129, § 1. ) Pet shop operators must obtain an annual license from the Department of Food and Agriculture. The department’s director of animal health may adopt rules and regulations concerning the health of the animals (Mass Gen. Laws, chapter 129, § 39A).

Massachusetts requires that kennel owners or operators be licensed, and defines “kennels” as one pack or collection of dogs on a single premise, maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are for sale (Mass. Gen. Laws chapter 140, § 136A). Massachusetts bars pet shops from acquiring, displaying, offering for sale, giving away, or importing for sale or resale a puppy or kitten less than eight weeks old (Mass. Gen. Laws, chapter 140, § 138A and 330 Mass. Regs. Code tit. § 12. 05 (2)(b)). Although another law (Mass. Gen. Laws chapter 140, § 141B) exempts licensed pet shops from the ban on the sale of dogs and cats younger than eight weeks, the Massachusetts’ Department of Food and Agriculture’s animal health bureau says it continues to enforce the ban.

New Hampshire

New Hampshire law prohibits any person, firm or corporation from selling, placing, or giving away to the public live animals customarily used as household pets unless the premises on which the animals are housed, harbored or displayed is licensed by the New Hampshire Department of Agriculture, Markets and Food (New Hamp. Rev. Stat. Ann. § 437: 1). The department may adopt rules concerning health and sanitation standards (New Hamp. Rev. Stat. Ann. §437: 5).

Under New Hampshire law a pet shop is any establishment licensed to keep, maintain and sell certain live animals, birds, and fish at retail to the public (New Hamp. Rev. Stat. Ann. § 437: 2). The state bars a licensee from inhumanely treating any animal in its care (New Hamp. Rev. Stat. Ann. § 437: 4). Pet shops cannot import for sale or resale, or offer for sale a dog or cat less than eight weeks old (New Hamp. Rev. Stat. Ann. § 437: 10). The law also bars (1) people from delivering any cat younger than eight weeks old, and (2) dog breeders from delivering any dog younger than eight weeks old (New Hamp. Rev. Stat. Ann. §§ 437: 13-a and 466: 6-a).

Rhode Island

Under Rhode Island law, a “pet shop” is a temporary or permanent establishment where animals are bought, sold, exchanged or offered for sale or exchange to the general public at retail (R. I. Gen Laws § 4-19-2 (19)). Pet shop operators, people operating public auctions at which dogs and cats are sold, and animal “dealers” must obtain a license from the director of Environmental Management (R. I. Gen Laws §§ 4-19-5, 4-19-6, and 4-19-7). An animal “dealer” under Rhode Island law is any person who (1) sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop or research facility, or (2) breeds dogs or cats to sell or donate to another dealer or pet shop or research facility (R. I. Gen. Laws § 4-19-2 (9)).

The director of environmental management is charged with promulgating rules and regulations to insure that animals confined in pet shops, kennels, animal shelters, and auction markets are provided humane care and treatment (R. I. Gen. Laws §§ 4-19-13 and § 4-19-1(3)). Anyone licensed or registered to adequately house, feed, and water animals in his possession faces a fine of up to $ 100 per animal for failing to do so (R. I. Gen. Laws § 4-19-11).

Vermont

In Vermont, a “pet shop” is a place where animals are bought, sold, exchanged, or offered for sale or exchange to the general public (Vt. Stat. Ann. Title 20, § 3901(11)). A “dealer” is anyone who sells, exchanges or donates, or offers to sell, exchange, or donate animals (Vt. Stat. Ann. Title 20, § 3901(7)). The law specifically excludes from the definition of dealer someone who sells, exchanges or donates dogs or cats born to his own domestic pet.

Both pet shop owners and dealers (“pet merchants”) must obtain a license from the secretary of Agriculture, Food and Markets (Vt. Stat. Ann. Title 20, § 3906). The secretary may adopt regulations concerning the care and housing of animals (Vt. Stat. Ann. Title 20, § 3908). A humane society may sell animals under certain conditions (Vt. Stat. Ann. Title 20, § 3909).

CONNECTICUT LAWS REGARDING CARE AND TREATMENT OF DOGS AND CATS IN PET SHOPS

Connecticut ensures humane treatment of cats and dogs in pet shops through a number of laws and regulations. By law, the agriculture commissioner, any animal control officer, or any law enforcement officer may interfere to prevent any act of cruelty upon any dog or other animal and animal control officers may take possession of any neglected or cruelly treated animal (CGS §§ 22-329 and 22-329a).

State regulations specifically provide for humane treatment of cats and dogs in pet shops. The regulations (attached) require pet shops to control and prevent infestation by parasites and vermin (Conn. Agency Regs. § 22-344-16a); maintain structurally sound enclosures suited to the animal species, enabling them to remain clean, dry, and comfortable (Conn. Agency Regs. § 22-344-17a); and to keep the premises well-lighted (Conn. Agency Regs. § 22-344-19a), well-ventilated, and at temperatures no lower than 65 degrees and no higher than 78 degrees (Conn. Agency Regs. § 22-344-18a).

The animals must be provided with wholesome, palatable, nutritious food, free from contamination and in sufficient amounts to maintain them in good health. They must be fed at least once daily (twice daily for puppies and kittens). Each animal must be provided with water at all times, and food and water dishes must be sanitized daily. In addition, all dogs and cats received for resale must be housed separately from other dogs and cats for at least 48 hours before being sold. Each animal must be watched daily for symptoms of illness, injury or disease. Animals which show any such symptoms must be isolated and treated by a veterinarian, and must be found healthy to be offered for sale. Dogs kept in cages must be removed a least once a day for exercise for a period of time to be determined in consultation with a veterinarian. (Conn. Agency Regs. § 22-344-20a).

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