§ 3901. Definitions

As used in this chapter:

(1) “Adequate feed” means the provision at suitable intervals, not exceeding 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. All foodstuff shall be served in a clean and sanitary manner.

(2) “Adequate water” means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.

(3) “Ambient temperature” means the temperature surrounding the animal.

(4) [Repealed.]

(5) “Animal shelter” means a facility that is used to house or contain animals and is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

(6) “Secretary” means the Secretary of Agriculture, Food and Markets.

(7) “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in this section.

(8) “Euthanize” means to humanely destroy an animal by a method producing instantaneous unconsciousness and immediate death or by anesthesia produced by an agent that causes painless loss of consciousness and death during the loss of consciousness. “Euthanasia” means the humane destruction of animals in accordance with this subdivision.

(9) “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures.

(10) “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(11) “Pet shop” means a place of retail or wholesale business, including a flea market, that is not part of a private dwelling, where cats, dogs, wolf-hybrids, rabbits, rodents, birds, fish, reptiles, or other vertebrates are maintained or displayed for the purpose of sale or exchange to the general public.

(12) “Primary enclosure” means any structure used to immediately restrict an animal or animals, excluding household pets, to a limited amount of space, such as a room, pen, cage, compartment, or hutch.

(13) “Public auction” means any place or establishment where dogs or cats are sold at auction to the highest bidder, whether individually, as a group, or by weight.

(14) “Fair” means any public or privately operated facility where animals are confined for the purpose of display or sale, or both, or for viewing.

(15) “Consumer” means an individual who purchases or receives an animal from any person permitted, licensed, or registered under this chapter. A permit holder, licensee, or registrant under this chapter is not a consumer.

(16) “Rescue organization” means any organization that accepts more than five animals in a calendar year for the purpose of finding adoptive homes for the animals. (Added 1971, No. 27, § 5, eff. March 24, 1971; amended 1993, No. 51 § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 10; 2013, No. 30, § 6; 2015, No. 97 (Adj. Sess.), § 53.)