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§ 459-209. Dealer license; application; fee; prohibitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. AgricultureEffective: December 8, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 P.S. Agriculture (Refs & Annos)
Chapter 8. Dogs and Cats (Refs & Annos)
Dog Law (Refs & Annos)
Article II. Licenses, Tags and Kennels
Effective: December 8, 2008
3 P.S. § 459-209
§ 459-209. Dealer license; application; fee; prohibitions
(a) Out-of-state dealers.--All out-of-state dealers shall on or before January 1 of each year, apply to the secretary for an out-of-state dealer license. The fee for such license shall be $300, plus appropriate kennel license fees required under section 206.1 All fees collected under this section shall be remitted to the State Treasury for credit to the Dog Law Restricted Account. All licenses under this section shall expire upon December 31 of the year for which the license was issued. The forms for the application and license shall be approved by the secretary.
(a.1) In-state dealers.--
(1) Except as set forth in paragraph (2), a dealer residing in this Commonwealth must, by January 1 of each year, obtain a license from the department. A dealer license shall expire on December 31 of the year for which it was issued. The license fee for a dealer license shall be the same as the license fee established for Kennel Classes C-I through C-VI as calculated based on the number of dogs sold, offered for sale or maintained by the applicant. It shall be unlawful for a person to sell or offer for sale a dog belonging to another for a fee or commission or maintain a dog at retail or wholesale for resale to another without obtaining a dealer license or a dealer kennel license from the department.
(2) This subsection shall not apply to a person that secures a dealer kennel license from the department under section 206.
(b) Unlawful acts.--It shall be unlawful for out-of-state dealers to sell, exchange, negotiate, barter, give away or solicit the sale, resale, exchange or transfer of a dog or transport a dog into or within the Commonwealth or to operate or maintain a dealer kennel or to deal in any manner with dogs without first obtaining an out-of-state dealer license from the department. It shall be unlawful for a kennel licensed under this act to knowingly accept, receive, buy, barter or exchange a dog with an unlicensed out-of-state dealer for resale. A conviction for a violation of this section shall result in a penalty as determined under section 903(c).2 Each transaction for each dog shall constitute a separate violation.
(c) List of out-of-state dealers.--The department shall annually provide to licensed kennels a list of licensed out-of-state dealers. If a kennel wants to conduct business with an out-of-state dealer not listed on the list, the kennel must first obtain written approval from the department.

Credits

1982, Dec. 7, P.L. 784, No. 225, art. II, § 209, effective Jan. 1, 1983. Amended 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days; 2008, Oct. 9, P.L. 1450, No. 119, § 5, effective in 60 days [Dec. 8, 2008].

Footnotes

3 P.S. § 459-206.
3 P.S. § 459-903.
3 P.S. § 459-209, PA ST 3 P.S. § 459-209
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document