76-13-215. Failure of an animal care facility to maintain required standards.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section:

(i)"Animal care facility" means an animal rescue, animal sanctuary, or animal shelter.

(ii)"Animal rescue" means a person that:

(A)accepts companion animals for the purpose of finding a permanent home for each companion animal;

(B)does not maintain a central facility for keeping companion animals; and

(C)uses a system of temporarily fostering the companion animals in a private residence or boarding facility.

(iii)"Animal sanctuary" means a nonprofit entity, other than a government entity, that:

(A)harbors companion animals; and

(B)is used exclusively for the purpose of indefinitely caring for, rehabilitating, or housing companion animals.

(A)"Animal shelter" means the same as that term is defined in Section 11-46-102 .

(B)"Animal shelter" does not include an animal rescue.

(v)"Boarding facility" means a facility where a companion animal is kept for the purpose of caring for the companion animal.

(vi)"Companion animal" means an animal that is a domestic dog or a domestic cat.

(vii)"Facility" means a location other than a private residence.

(2)An actor commits failure of an animal care facility to maintain required standards if the actor:

(a)is an animal care facility; and

(b)fails to:

(i)ensure that:

(A)a female dog does not produce more than one litter in any twelve-month period, unless a licensed veterinarian has examined the female dog and has determined that it is safe for the dog to produce more than one litter in a twelve-month period; or

(B)a dog under eight weeks old or a dog not properly weaned is not sold; or

(ii)keep records:

(A)identifying, to the best of the animal care facility's knowledge, an animal's owner at the time the animal care facility acquires the animal; or

(B)documenting dangerous behaviors, if any, heath conditions, and medical care for an animal in the animal care facility's possession.

(3)A violation of Subsection

(2)is an infraction subject to a fine of $750.

(4)A prosecution under this section does not preclude a prosecution for any other criminal offense.

(5)It is a defense to a prosecution under this section that the conduct of the actor toward the animal was:

(a)performed by a licensed veterinarian using accepted veterinary practice;

(b)directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved;

(c)permitted under Section 18-1-3 ;

(d)performed by a person who humanely destroys an animal found suffering past recovery for any useful purpose; or

(e)performed by a person who humanely destroys an apparently abandoned animal found on the person's property.

(6)This section does not prohibit the use of animals in lawful training.

(7)A veterinarian who, acting in good faith, reports a violation of this section to law enforcement or the Department of Agriculture and Food in accordance with Section 4-2-903 may not be held civilly liable for making the report.

Renumbered and Amended by Chapter 173 , 2025 General Session