As used in this article 80, unless the context
otherwise requires:
(1) Animal shelter means a public or private facility licensed pursuant to
this article and the rules and regulations adopted pursuant thereto.
(1.5) Bird hobby breeder facility means any facility engaged in the
operation of breeding and raising birds for the purpose of personal enjoyment that
does not transfer more than thirty birds per year.
(2) Canine hobby breeder facility means any facility which transfers no
more than twenty-four dogs per year or breeds no more than two litters per year,
whichever is greater.
(2.5) (Deleted by amendment, L. 2000, p. 1398, � 4, effective May 30, 2000.)
(3) Commission means the state agricultural commission.
(4) Commissioner means the commissioner of agriculture, or the designee
of the commissioner.
(5) Committee means the pet animal advisory committee created in section
35-80-115.
(6) Department means the department of agriculture.
(6.3) Dispose or disposition means adoption of a pet animal, return of a
pet animal to the owner, release of a pet animal to a rescue group licensed
pursuant to this article, release of a pet animal to another pet animal facility
licensed pursuant to this article or to a rehabilitator licensed by the division of
parks and wildlife or the United States fish and wildlife service, or euthanasia.
(6.5) Dog breeder means any person that engages in the operation of
breeding and raising dogs for the purpose of selling, trading, bartering, giving away,
or otherwise transferring the dogs.
(6.6) Dog breeder, large scale operation or large scale operation dog
breeder means a dog breeder that transfers at least one hundred dogs per year.
(6.7) Dog breeder, small scale operation or small scale operation dog
breeder means a dog breeder that transfers more than the number of dogs
permitted for a canine hobby breeder facility but no more than ninety-nine dogs per
year.
(7) Euthanasia means to produce a humane death by techniques accepted
by the American veterinary medical association.
(8) Feline hobby breeder facility means any facility that produces or
transfers no more than twenty-four cats per year or breeds no more than three
litters per year.
(8.7) Licensed veterinarian means a person who is licensed to practice
veterinary medicine in this state pursuant to article 315 of title 12.
(9) Livestock means cattle, horses, mules, burros, sheep, poultry, swine,
llama, and goats, regardless of use, and any animal that is used for working
purposes on a farm or ranch, and any other animal designated by the commissioner,
which animal is raised for food or fiber production.
(9.3) (a) Offer for sale means to advertise a potential sale by a pet store.
(b) Offer for sale includes:
(I) The display of a live dog or cat for sale; and
(II) A verbal or written offer to sell a dog or cat.
(10) Pet animal means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats,
gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any other
species of wild or domestic or hybrid animal sold, transferred, or retained for the
purpose of being kept as a household pet, except livestock, as defined in
subsection (9) of this section. Pet animal does not include an animal that is used
for working purposes on a farm or ranch.
(11) Pet animal facility means any place or premise used in whole or in part,
which part is used for the keeping of pet animals for the purpose of adoption,
breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise
transferring such animals. Pet animal facility also includes any individual animals
kept by such a facility as breeding stock, such licensing of individual breeding stock
to be inclusive in the pet animal facility license. Pet animal facility shall not mean
a common carrier engaged in intrastate or interstate commerce. For purposes of
this article, two or more animal facilities that have the same or a similar purpose
and operate from one place or premises shall be considered a single pet animal
facility.
(11.2) Pet animal rescue means any person licensed pursuant to this article
who accepts pet animals for the purpose of finding permanent adoptive homes for
animals and does not maintain a central facility for keeping animals, but rather uses
a system of fostering in private homes or boarding or keeping pets in licensed pet
animal facilities.
(11.3) Pet store means a retail establishment where pet animals are sold or
offered for sale to the general public. Pet store does not include an animal
shelter, pet animal rescue, cat breeder, or dog breeder.
(11.4) Prospective owner means a person who has no prior rights of
ownership to the pet animal to be adopted.
(11.6) Release means adoption, sale, or other transfer to the permanent
custody of an owner by an animal shelter or pet animal rescue.
(11.7) Sale or sell means the exchange of a pet animal for anything of
value, including property or money. Sale or sell does not include an adoption
transaction between an animal shelter or pet animal rescue and a person who
adopts a pet animal.
(11.8) Small animal breeder facility means any facility that transfers more
small mammals than the maximum number established by the commissioner by rule
for each particular species.
(12) Small animal hobby breeder facility means any facility that transfers a
number of small mammals that is less than the maximum number established by
the commissioner by rule for each particular species.
(13) (Deleted by amendment, L. 2000, p. 1398, � 4, effective May 30, 2000.)
(14) Sterilization means the act of permanently rendering an animal
incapable of reproduction. The term applies to surgical methods, including the
procedures commonly referred to as spay and neuter, and nonsurgical methods and
technologies approved by the United States food and drug administration, the
United States department of agriculture, or other appropriate designated federal
authority.