§ 35-80-103 — Scope of article

(1) Any person who operates a pet animal
facility that is licensed as of December 31, 1993, by the United States department
of agriculture shall not be subject to the routine inspection provisions of this article
but shall be subject to all other provisions, including but not limited to those
concerning licensure and investigation of reported violations.

(2) This article 80 does not apply to:

(a) Any veterinary hospital which boards pet animals for the purpose of
veterinary medical care only and does not actively solicit boarding business in any
way;

(b) Any research facility, circus, or publicly or privately owned zoological
park or petting zoo licensed or registered under the provisions of the federal
Animal Welfare Act of 1970, 7 U.S.C. sec. 2131 et seq., as amended;

(c) Any bird hobby breeder facility, canine hobby breeder facility, feline
hobby breeder facility, small animal hobby breeder facility, or any other hobby
breeder facility as defined by the commissioner which is specific to other pet
animal species;

(d) Any pet animal training facility where the pet animal owner or such
owner's designee, other than a training facility operator, is present during the
duration of the animal's stay;

(e) and (f) Repealed.

(g) Any wildlife regulated by the division of parks and wildlife or department
of natural resources;

(h) Livestock, as defined in section 35-80-102 (9);

(i) Any owner, breeder, handler, or trainer while transporting a pet animal to
or from or exhibiting or competing at any event licensed, regulated, or sanctioned
by the American kennel club, united kennel club, or any other nationally recognized
registering organization;

(j) Any wildlife sanctuary;

(k) The boarding of no more than three pet animals at one time;

(l) A company that uses technology in its business model that is not a pet
animal facility, as that term is defined in section 35-80-102 (11).

(3) (a) Any pet animal facility structure in existence and licensed by the
department of health through 1991 that was in compliance with that department's
regulations for such licenses shall be exempt from any conflicting requirements of
this article or rules and regulations of the commissioner concerning physical
premises.

(b) Any laws or rules promulgated for pet animal facilities shall not require
the construction of any new buildings or major reconstruction of the existing
physical premises of facilities specified in paragraph (a) of this subsection (3).

Legislative History

Source: L. 94: Entire article added, p. 1301, � 8, effective July 1. L. 2000: (2)(i) added, p. 1398, � 5, effective May 30. L. 2001: (2)(i) amended, p. 1262, � 2, effective June 5. L. 2014: (2)(j) added, (HB 14-1270), ch. 365, p. 1745, � 4, effective July 1. L. 2017: IP(2) amended and (2)(k) and (2)(l) added, (HB 17-1228), ch. 342, p. 1812, � 1, effective June 5. L. 2018: (2)(f) repealed, (HB 18-1375), ch. 274, p. 1718, � 75, effective May 29. L. 2022: IP(2) amended and (2)(e) repealed, (SB 22-167), ch. 144, p. 942, � 2, effective August 10.