AN ACT Relating to consumer protection with respect to the sale and adoption of dogs and cats; adding a new section to chapter 16.52 RCW; creating a new section; and prescribing penalties.

(1) Responsible and reputable breeders, animal care and control agencies, and animal rescue groups work diligently to place dogs and cats in homes that offer a lifetime of care, safety, and companionship. These entities strive to create a good match between the animals they are selling or offering for adoption, and prospective owners, helping to keep discarded animals from burdening local shelters.

(2) Nearly all retail pet stores in Washington state choose not to sell dogs and cats, with only a few retail pet stores continuing this practice. Reputable retail pet stores, both chains and independent stores, thrive by selling pet-related products and services.

(3) The vast majority of dogs and cats sold at retail pet stores come from large-scale breeding facilities. These breeding facilities have little to no regulatory oversight and, at best, adhere to bare-bones survival standards for the breeding animals. They are what are commonly referred to as "puppy mills."

(4) To facilitate the adoption of dogs and cats needing homes, retail pet stores are encouraged to collaborate with qualified animal care and control agencies and animal rescue groups to provide a location for those organizations to showcase animals for adoption.

(5) Animal care and control agencies and animal rescue groups that showcase dogs and cats for adoption at retail pet stores should meet minimum performance standards to help ensure a good match between the animal and the person intending to adopt a dog or cat. This not only protects consumers, it also ensures that dogs and cats do not end up abandoned or surrendered, where the burden of care then falls to local communities and shelters.

(6) Responsible and reputable breeders of dogs and cats in Washington state should continue to sell dogs and cats directly to prospective owners; these reputable businesses have no need for a pet store front as an intermediary.

(7) For the reasons stated in this section, retail pet stores should discontinue sales of dogs and cats to the public, which will serve to protect consumer interests, keep unwanted animals out of local shelters, and reduce animal cruelty associated with "puppy mills."

(2) A retail pet store may collaborate only with an animal care and control agency or animal rescue group, as those terms are defined in RCW 82.04.040, to offer space for these entities to showcase adoptable dogs or cats. However, the retail pet store may not have any ownership interest in the animals offered for adoption and may not receive a fee for providing space for the adoption of any of the animals.

(3) For any dog or cat made available at a retail pet store for adoption and to help facilitate the successful adoption of a dog or cat needing a home, the animal care and control agency or animal rescue group shall, at a minimum:

(a) Post and maintain a sign on each dog's and cat's cage or enclosure or have written documentation immediately available to the public that identifies the name and address of the animal care and control agency or animal rescue group that is making the dog or cat available for adoption;

(b) Ensure adoptable dogs and cats receive necessary veterinary examinations, vaccinations, and appropriate medical treatment before placing them with persons seeking to adopt the dog or cat, and identify known, ongoing veterinary medical needs;

(c) Determine a suitable match for the person seeking to adopt a dog or cat, including requiring a person seeking to adopt a dog or cat to respond to a questionnaire to identify animals that are best matched to the person's needs, expectations, and circumstances;

(d) Require a person intending to adopt a dog or cat to sign an adoption contract specifying the expectations for returning the dog or cat to the animal care and control agency or animal rescue group or another designated animal care organization if the person, for any reason, cannot keep or properly care for the dog or cat;

(e) Provide the most current documentation of the animal's known health, medical conditions, vaccination record, behavioral history, any temperament testing performed, and available microchip information to the person adopting the animal at the time the animal is adopted; and

(f) Ensure that the dog or cat is spayed or neutered before being released to the person adopting the animal.

(4) A retail pet store that violates this section is subject to a class 1 civil infraction under RCW 7.80.120, for its first violation. Second and subsequent violations by a retail pet store are subject to a monetary penalty of five hundred dollars. Each dog or cat offered for sale or sold by a retail pet store in violation of subsection (1) of this section, or offered for adoption or released for adoption by a retail pet store in violation of subsection (2) of this section, constitutes a separate violation.

(5) For the purposes of this section "retail pet store" means a for-profit place of business open to the public that offers pet supplies or pets for sale. A person who offers for sale, directly to the public, only animals that the person bred and raised, is not considered a "retail pet store."