Section 646A.075 - [Operative 9/1/2028] Prohibition on retail pet store sales of dogs and cats; exceptions; information required in connection with permitted sale of dog; penalties(1) As used in this section: (a) "Animal rescue entity" has the meaning given that term in ORS 609.415.(b) "Cat" means a member of the species Felis catus.(c) "Dog" means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.(d)(A) "Retail pet store" means a retail establishment open to the public, either by appointment or during regular business hours, that sells or offers to sell pet animals or food, supplies or accessories for pet animals.(B) "Retail pet store" does not include: (i) An animal rescue entity; or(ii) A person that sells or offers to sell only dogs or cats that the person:(II) Keeps primarily for the purpose of reproduction.(e) "Sell" means to exchange or offer to exchange for valuable consideration.(2) A retail pet store may not sell or offer to sell a dog or cat.(3) A retail pet store that violates this section is liable for a civil penalty in an amount that does not exceed $500 for each violation. The district attorney for the county in which the violation occurs may bring an action in the circuit court for the county to recover the civil penalty set forth in this subsection.(4) This section does not:(a) Preempt a local government from enacting an ordinance, rule or resolution, or from taking other legislative action, that imposes requirements or prohibitions that are more stringent than the requirements and prohibitions set forth in this section; or(b) Prohibit a retail pet store from cooperating with an animal rescue entity to display on the premises of the retail pet store pet animals that the animal rescue entity offers for adoption if:(A) The retail pet store does not have an ownership interest in any pet animal displayed or offered for adoption on the retail pet store's premises; and(B) The retail pet store does not receive compensation for the use of the retail pet store's premises for the purpose described in this paragraph.Amended by 2023 Ch. 420,§ 2, eff. 9/24/2023, op. 9/1/2028.Amended by 2023 Ch. 420,§ 1, eff. 9/24/2023. The amendments to 646A.075 by section 2, chapter 420, Oregon Laws 2023, become operative September 1, 2028. See section 3, chapter 420, Oregon Laws 2023. The text that is operative on and after September 1, 2028, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.