As Introduced

136th General Assembly

Regular Session S. B. No. 232

2025-2026

To amend sections 956.01, 956.031, and 956.10 of the Revised Code to revise the law governing high volume dog breeders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 956.01, 956.031, and 956.10 of the Revised Code be amended to read as follows:

Sec. 956.01. As used in this chapter:

"Accredited veterinarian" means a veterinarian accredited by the United States department of agriculture.

"Adult dog" means a dog that is twelve months of age or older.

"Animal rescue for dogs" means an individual or organization recognized by the director of agriculture that keeps, houses, and maintains dogs and that is dedicated to the welfare, health, safety, and protection of dogs, provided that the individual or organization does not operate for profit, does not sell dogs for a profit, does not breed dogs, does not sell dogs to a dog broker or pet store, and does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from a dog warden appointed under Chapter 955. of the Revised Code, a humane society, or another animal rescue for dogs. "Animal rescue for dogs" includes an individual or organization that offers spayed or neutered dogs for adoption and charges reasonable adoption fees to cover the costs of the individual or organization, including, but not limited to, costs related to spaying or neutering dogs.

"Animal shelter for dogs" means a facility that keeps, houses, and maintains dogs such as a dog pound operated by a municipal corporation, or by a county under Chapter 955. of the Revised Code, or that is operated by a humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization that is devoted to the welfare, protection, and humane treatment of dogs and other animals.

"Boarding kennel" means an establishment operating for profit that keeps, houses, and maintains dogs solely for the purpose of providing shelter, care, and feeding of the dogs in return for a fee or other consideration.

"Breeding dog" means an unspayed adult female dog that is primarily used for producing offspring.

"Dog broker" means a person who buys, sells, or offers to sell dogs at wholesale for resale to another or who sells or gives one or more dogs to a pet store annually. "Dog broker" does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, a research kennel for dogs, a pet store, or a veterinarian.

"Enrichment" means any modification in the environment of a confined dog that seeks to enhance the dog's physical and psychological well-being by providing stimuli that meets the dog's breed-specific needs.

"Exercise" means activity that allows a dog to extend to full stride, play, and engage in other types of mentally stimulating and social behaviors.

"High volume breeder" means an establishment that keeps, houses, and maintains six or more breeding dogs and ~~does at least one of the following:~~

~~(1) In~~ in return for a fee or other consideration, sells ~~five or more~~ adult dogs or puppies ~~in any calendar year~~ to dog brokers, or pet stores, or the public;

~~(2) In return for a fee or other consideration, sells forty or more puppies in any calendar year to the public; or~~

(3) Keeps, houses, and maintains, at any given time in a calendar year, more than forty puppies that are under four months of age, that have been bred on the premises of the establishment, and that have been primarily kept, housed, and maintained from birth on the premises of the establishment.

"Humane society" means an organization that is organized under section 1717.05 of the Revised Code.

"Environmental division of the Franklin county municipal court" means the environmental division of the Franklin county municipal court created in section 1901.011 of the Revised Code.

"Medical kennel for dogs" means a facility that is maintained by a veterinarian and operated primarily for the treatment of sick or injured dogs.

"Pet store" means an individual retail store to which both of the following apply: the store sells forty or more puppies or adult dogs in any calendar year to the public; and with regard to the sale of a dog from the store, the sales person, the buyer of a dog, and the dog for sale are physically present during the sales transaction so that the buyer may personally observe the dog and help ensure its health prior to taking custody. "Pet store" does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, a research kennel for dogs, or a high volume breeder or any other dog breeder that maintains and sells dogs from the same premises where the dogs are bred and reared.

"Puppy" means a dog that is under twelve months of age.

"Research kennel for dogs" means a facility housing dogs that is maintained exclusively for research purposes.

"Thermoneutral zone" means the range of ambient temperature in which a dog is able to maintain normal body temperature without a change in metabolic rate.

"Veterinarian" means either a veterinarian licensed in this state under Chapter 4741. of the Revised Code or a veterinarian licensed out of this state by an applicable state entity.

Sec. 956.031. In addition to complying with rules adopted under section 956.03 of the Revised Code, a high volume breeder shall do all of the following with regard to a dog that is kept, housed, and maintained by the breeder:

(A) Unless otherwise directed by a veterinarian, provide the dog, twice each day, with food that is all of the following:

(1) Sufficient to maintain normal body condition and weight;

(2) Unspoiled and uncontaminated;

(3) Provided in accordance with a nutritional plan recommended by a veterinarian;

(4) Served in receptacles that are clean and sanitary.

A high volume breeder may temporarily withhold food when directed by a veterinarian to do so.

(B) Each day provide access to a continuous supply of potable water in clean and sanitary receptacles that is of sufficient quality and quantity to ensure maintenance of normal body condition and growth unless otherwise directed by a veterinarian.

(1) The interior of the enclosure is at least six inches higher than the head of the tallest dog housed in the enclosure when the dog is in a normal standing position.

(2) It allows each dog housed in the enclosure to turn in a complete circle, lie down, and fully extend its limbs.

(3) It is not stacked on top of another primary enclosure.

(4) It is cleaned at least once per day to remove excreta, dirt, grime, and other waste.

(D) On and after December 31, 2021, keep or confine the dog in a primary enclosure that has a minimum floor space in square inches equal to the following: (the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, + nine inches)^2 multiplied by two. For each additional dog that is kept or confined in a primary enclosure, the enclosure shall have additional floor space in square inches equal to the following: (length of each additional dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, + nine inches)^2.

As used in this division, "dog" means a puppy that is twelve weeks of age or older or an adult dog.

(E) On and after December 31, 2021, ensure that the minimum floor space provided in accordance with division (D) of this section is solid or consists of slats. If the floor space consists of slats, the high volume breeder shall ensure that all of the following apply:

(1) The spaces between the slats are not more than one-half inch in width.

(2) The slats are not less than three and one-half inches in width.

(3) All of the slats run in the same direction.

(4) The floor is level.

(F) On and after December 31, 2021, ensure that all flooring complies with the following:

(1) It consists of materials that can be cleaned and sanitized; are safe for the breed, size, and age of the dog; are free from protruding sharp edges; and are designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(2) If the flooring surface consists of a material that is not solid, it has a solid resting area that can accommodate the full length of the dog while lying down.

(3) It does not sag, bend, or bounce.

(4) It does not consist of metal wire, unless the metal wire is coated with another material and the outer diameter of the coated metal measures six gauge or thicker.

(G) If the high volume breeder is using an indoor primary enclosure to house the dog, ensure that the enclosure is located in a facility that permits regulation of temperature, ventilation, and lighting, including diurnal lighting. The high volume breeder shall ensure that the lighting is sufficient, either through natural or artificial means, to observe the physical condition of the dog and to permit inspection and cleaning of the dog and the primary enclosure.

(H) Use an outdoor primary enclosure to house the dog only if a veterinarian approves such use;

(I) If the high volume breeder is using an outdoor primary enclosure to house the dog as provided in division (H) of this section and if climatic or ambient temperatures pose a threat to the health and welfare of the dog, take effective measures to eliminate the threat. If the high volume breeder has to take such measures, the high volume breeder shall consider the dog's age, breed, overall health, and acclimation to the environment. The high volume breeder shall not use an outdoor primary enclosure to house the dog if the dog is unable to tolerate the prevalent temperatures within the dog's thermoneutral zone.

(J) House the dog with other dogs, except for reasons of health, biosecurity, breeding, and behavioral issues.

(K) If the dog is a puppy that is four months or younger, house the dog with an adult dog only if the adult dog is the puppy's dam or foster dam;

(L) If the dog is a female, breed the dog only if the dog has maintained a normal body condition and has been declared healthy by a veterinarian following a physical examination;

(M) If the dog is a female, ensure that the dog does not produce more than eight litters in its lifetime;

(N) Provide a clean, dry whelping area for each dam and her nursing puppies. The high volume breeder shall ensure that the area fully accommodates all puppies, allows the dam to lie fully recumbent and stand, and permits the dam to temporarily move away from her puppies as she chooses. The high volume breeder shall ensure that no other animals inhabit the whelping area other than the dam and her puppies.

(O) Provide the dog an opportunity for daily exercise of at least thirty minutes. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date until the dog gives birth, postpartum female dog, or any other dog as directed by a veterinarian.

(P) Provide the dog an opportunity to safely access the outdoors during daylight hours. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date and until the dog gives birth, a female dog that is nursing, or a puppy that is younger than twelve weeks of age.

(Q) Provide the dog with daily environmental enrichment in the dog's primary enclosure;

(R) Provide human interaction with the dog for at least fifteen minutes each day in addition to interaction that occurs during feeding and cleaning time. The interaction, at a minimum, shall include verbal and tactile stimulation in a positive and beneficial manner.

(S) Provide the dog appropriate medical care by a veterinarian, including prompt treatment for any significant disease, illness, or injury;

(T) If the dog is an adult dog, provide the dog with an annual physical examination by a veterinarian;

(U) Comply with a vaccination and parasite control program that is provided by a veterinarian and that is consistent with recommendations of the American veterinarian medical association or the American animal hospital association;

(V) If a surgical or euthanasia procedure is ~~required~~performed, including tail docking, dew claw removal, and ear cropping, use a veterinarian to perform the procedure.

Sec. 956.10. (A)(1) At least once annually, the director of agriculture or the director's authorized representative shall inspect a high volume breeder that is subject to licensure under this chapter and rules adopted under section 956.03 of the Revised Code to ensure compliance with this chapter and rules adopted under it, including the standards of care established in rules adopted under that section.

(2) The director or the director's authorized representative shall inspect a boarding kennel when the director or the director's authorized representative has received information that the boarding kennel is breeding dogs and may be subject to licensure under this chapter and rules adopted under section 956.03 of the Revised Code.

(B) The director or the director's authorized representative may do any of the following:

(1) Upon receiving a complaint, inspect a high volume breeder that is subject to licensure under this chapter and rules adopted under section 956.03 of the Revised Code to ensure compliance with this chapter and rules adopted under it;

(2) Upon the request of a member of the public, a public official, or an animal shelter for dogs, inspect any facility at which a person is acting as or performing the functions of a dog broker to ensure such compliance;

(3) Upon receiving a complaint, inspect an animal rescue for dogs to ensure compliance with section 956.06 of the Revised Code and applicable rules adopted under section 956.03 of the Revised Code;

~~(4) Conduct an inspection under this section during regular business hours without providing notice in advance~~.

(1) During regular business hours without providing notice in advance;

(2) In accordance with this section and rules adopted under section 956.03 of the Revised Code. A record of each inspection shall be made by the director or the director's authorized representative who is responsible for the inspection in accordance with those rules.

(D) The director or the director's authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times on any public or private property, real or personal, to inspect or investigate and to examine or copy records in order to determine compliance with this chapter and rules adopted under it. The director, the director's authorized representative, or the attorney general upon the request of the director may apply to the appropriate court in the county in which inspection will occur for an appropriate court order or search warrant as necessary to achieve the purposes of this chapter and rules adopted under it.

(E) No owner or operator of a high volume breeder, person acting as or performing the functions of a dog broker, owner or operator of a boarding kennel, or owner or operator of an animal rescue for dogs shall interfere with an inspection or refuse to allow the director or the director's authorized representative full access to all areas where dogs are kept or cared for. If entry is refused or inspection or investigation is refused, hindered, or thwarted by a high volume breeder or dog broker, the director may suspend or revoke the breeder's or broker's license in accordance with this chapter.

(F)(1) The director may enter into a contract or agreement with a veterinarian to conduct inspections under this section. The veterinarian shall be considered the director's authorized representative for the purposes of this section.

(2) A veterinarian with whom the director has entered into a contract or agreement under division (F)(1) of this section may inspect a high volume breeder with whom the veterinarian has established a veterinary-client-patient relationship as described in section 4741.04 of the Revised Code only every other year.

(3) If the director determines that a veterinarian with whom the director has entered into a contract or agreement under division (F)(1) of this section has falsified any information submitted to the director pursuant to an inspection, the director shall inform the veterinary medical licensing board created by Chapter 4741. of the Revised Code of the falsification.

(G)(1) If entry that is authorized by division (D) of this section is refused or if an inspection or investigation is refused, hindered, or thwarted by intimidation or otherwise and if the director, an authorized representative of the director, or the attorney general applies for and obtains a court order or a search warrant under division (D) of this section to conduct the inspection or investigation, the owner or operator of the premises where entry was refused or inspection or investigation was refused, hindered, or thwarted, if found guilty of violating this chapter or rules adopted under it, is liable to the director for all of the following:

(a) The reasonable costs incurred by the director for the regular salaries and fringe benefit costs of personnel assigned to conduct the inspection or investigation from the time the court order or search warrant was issued until the court order or search warrant is executed;

(b) The salary, fringe benefits, and travel expenses of the director, an authorized representative of the director, or the attorney general incurred in obtaining the court order or search warrant; and

(c) Expenses necessarily incurred for the assistance of local law enforcement officers in executing the court order or search warrant.

(2) In the application for a court order or a search warrant, the director, the director's authorized representative, or the attorney general may request and the court, in its order granting the court order or search warrant, may order the owner or operator of the premises, if found guilty of violating this chapter or rules adopted under it, to reimburse the director for any of the costs described in division (G)(1) of this section that the court finds reasonable. From money recovered under this division, the director shall do all of the following:

(a) Reimburse the attorney general for the costs incurred by the attorney general in connection with proceedings for obtaining the court order or search warrant;

(b) Reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the court order or search warrant;

(c) Deposit the remainder in the state treasury to the credit of the high volume breeder kennel control license fund created in section 956.18 of the Revised Code.

(H) A dog warden appointed under Chapter 955. of the Revised Code or an agent of a humane society entering on public or private property to make investigations and inspections in accordance with Chapter 955. or 1717. of the Revised Code, as applicable, shall report any violations of this chapter and rules adopted under it to the director or the director's authorized representative.

Section 2. That existing sections 956.01, 956.031, and 956.10 of the Revised Code are hereby repealed.