NC General Statutes - Chapter 19A Article 3 1
Article 3.
Animal Welfare Act.
§ 19A-20. Title of Article.
This Article may be cited as the Animal Welfare Act. (1977, 2nd Sess., c. 1217, s. 1.)
§ 19A-21. Purposes.
The purposes of this Article are (i) to protect the owners of dogs and cats from the
theft of such pets; (ii) to prevent the sale or use of stolen pets; (iii) to insure that animals,
as items of commerce, are provided humane care and treatment by regulating the
transportation, sale, purchase, housing, care, handling and treatment of such animals by
persons or organizations engaged in transporting, buying, or selling them for such use;
(iv) to insure that animals confined in pet shops, kennels, animal shelters and auction
markets are provided humane care and treatment; (v) to prohibit the sale, trade or
adoption of those animals which show physical signs of infection, communicable disease,
or congenital abnormalities, unless veterinary care is assured subsequent to sale, trade or
adoption. (1977, 2nd Sess., c. 1217, s. 2.)
§ 19A-22. Animal Welfare Section in Animal Health Division of Department of
Agriculture and Consumer Services created; Director.
There is hereby created within the Animal Health Division of the North Carolina
Department of Agriculture and Consumer Services, a new section thereof, to be known as
the Animal Welfare Section of said division.
The Commissioner of Agriculture is hereby authorized to appoint a Director of said
section whose duties and authority shall be determined by the Commissioner subject to
the approval of the Board of Agriculture and subject to the provisions of this Article.
(1977, 2nd Sess., c. 1217, s. 3; 1997-261, s. 1.)
§ 19A-23. Definitions.
For the purposes of this Article, the following terms, when used in the Article or the
rules or orders made pursuant thereto, shall be construed respectively to mean:
(1) "Adequate feed" means the provision at suitable intervals, not to exceed
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. Such foodstuff shall be served in a sanitized receptacle, dish, or
container.
(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) "Animal" means any domestic dog (Canis familiaris), or domestic cat
(Felis domestica).
NC General Statutes - Chapter 19A Article 3 2
(5) "Animal shelter" means a facility which is used to house or contain
seized, stray, homeless, quarantined, abandoned or unwanted animals
and which is under contract with, owned, operated, or maintained by a
county, city, town, or other municipality, or 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, rehabilitation, or humane treatment of animals.
(5a) "Boarding kennel" means a facility or establishment which regularly
offers to the public the service of boarding dogs or cats or both for a fee.
Such a facility or establishment may, in addition to providing shelter,
food and water, offer grooming or other services for dogs and/or cats.
(6) "Commissioner" means the Commissioner of Agriculture of the State of
North Carolina.
(7) "Dealer" means any person who sells, exchanges, or donates, or offers
to sell, exchange, or donate animals to another dealer, pet shop, or
research facility; provided, however, that an individual who breeds and
raises on his own premises no more than the offspring of five canine or
feline females per year, unless bred and raised specifically for research
purposes shall not be considered to be a dealer for the purposes of this
Article.
(8) "Director" means the Director of the Animal Welfare Section of the
Animal Health Division of the Department of Agriculture and
Consumer Services.
(9) "Euthanasia" means the humane destruction of an animal accomplished
by a method that involves rapid unconsciousness and immediate death
or by a method that involves anesthesia, produced by an agent which
causes painless loss of consciousness, and death during such loss of
consciousness.
(10) "Housing facility" means any room, building, or area used to contain a
primary enclosure or enclosures.
(11) "Person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(12) "Pet shop" means a person or establishment that acquires for the
purposes of resale animals bred by others whether as owner, agent, or
on consignment, and that sells, trades or offers to sell or trade such
animals to the general public at retail or wholesale.
(13) "Primary enclosure" means any structure used to immediately restrict an
animal or animals to a limited amount of space, such as a room, pen,
cage compartment or hutch.
(14) "Public auction" means any place or location where dogs or cats are
sold at auction to the highest bidder regardless of whether such dogs or
cats are offered as individuals, as a group, or by weight.
NC General Statutes - Chapter 19A Article 3 3
(15) "Research facility" means any place, laboratory, or institution at which
scientific tests, experiments, or investigations involving the use of living
animals are carried out, conducted, or attempted.
(16) "Sanitize" means to make physically clean and to remove and destroy to
a practical minimum, agents injurious to health. (1977, 2nd Sess., c.
1217, s. 4; 1979, c. 734, s. 1; 1987, c. 827, s. 61; 1997-261, s. 2;
2005-276, s. 11.5(a).)
§ 19A-24. Powers of Board of Agriculture.
The Board of Agriculture shall:
(1) Establish standards for the care of animals at animal shelters, boarding
kennels, pet shops, and public auctions. A boarding kennel that offers
dog day care services and has a ratio of dogs to employees or
supervisors, or both employees and supervisors, of not more than 10 to
one, shall not as to such services be subject to any regulations that
restrict the number of dogs that are permitted within any primary
enclosure.
(2) Prescribe the manner in which animals may be transported to and from
registered or licensed premises.
(3) Require licensees and holders of certificates to keep records of the
purchase and sale of animals and to identify animals at their
establishments.
(4) Adopt rules to implement this Article, including federal regulations
promulgated under Title 7, Chapter 54, of the United States Code.
(5) Adopt rules on the euthanasia of animals in the possession or custody of
any person required to obtain a certificate of registration under this
Article. An animal shall only be put to death by a method and delivery
of method approved by the American Veterinary Medical Association,
the Humane Society of the United States, or the American Humane
Association. The Department shall establish rules for the euthanasia
process using any one or combination of methods and standards
prescribed by the three aforementioned organizations. The rules shall
address the equipment, the process, and the separation of animals, in
addition to the animals' age and condition. If the gas method of
euthanasia is approved, rules shall require (i) that only commercially
compressed carbon monoxide gas is approved for use, and (ii) that the
gas must be delivered in a commercially manufactured chamber that
allows for the individual separation of animals. Rules shall also mandate
training for any person who participates in the euthanasia process.
(1977, 2nd Sess., c. 1217, s. 5; 1987, c. 827, s. 62; 2004-199, s. 12;
2005-276, s. 11.5(b); 2005-345, s. 22.)
§ 19A-25. Employees; investigations; right of entry.
NC General Statutes - Chapter 19A Article 3 4
For the enforcement of the provisions of this Article, the Director is authorized,
subject to the approval of the Commissioner to appoint employees as are necessary in
order to carry out and enforce the provisions of this Article, and to assign them
interchangeably with other employees of the Animal Health Division. The Director shall
cause the investigation of all reports of violations of the provisions of this Article, and the
rules adopted pursuant to the provisions hereof; provided further, that if any person shall
deny the Director or his representative admittance to his property, either person shall be
entitled to secure from any superior court judge a court order granting such admittance.
(1977, 2nd Sess., c. 1217, s. 6; 1987, c. 827, s. 63.)
§ 19A-26. Certificate of registration required for animal shelter.
No person shall operate an animal shelter unless a certificate of registration for such
animal shelter shall have been granted by the Director. Application for such certificate
shall be made in the manner provided by the Director. No fee shall be required for such
application or certificate. Certificates of registration shall be valid for a period of one
year or until suspended or revoked and may be renewed for like periods upon application
in the manner provided. (1977, 2nd Sess., c. 1217, s. 7; 1987, c. 827, s. 64.)
§ 19A-27. License required for operation of pet shop.
No person shall operate a pet shop unless a license to operate such establishment shall
have been granted by the Director. Application for such license shall be made in the
manner provided by the Director. The license shall be for the fiscal year and the license
fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with
the first day of the fiscal year. (1977, 2nd Sess., c. 1217, s. 8; 1987, c. 827, s. 65; 1989, c.
544, s. 17.)
§ 19A-28. License required for public auction or boarding kennel.
No person shall operate a public auction or a boarding kennel unless a license to
operate such establishment shall have been granted by the Director. Application for such
license shall be made in the manner provided by the Director. The license period shall be
the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or
part thereof beginning with the first day of the fiscal year. (1977, 2nd Sess., c. 1217, s. 9;
1987, c. 827, s. 65; 1989, c. 544, s. 18.)
§ 19A-29. License required for dealer.
No person shall be a dealer unless a license to deal shall have been granted by the
Director to such person. Application for such license shall be in the manner provided by
the Director. The license period shall be the fiscal year and the license fee shall be fifty
dollars ($50.00) for each license period or part thereof, beginning with the first day of the
fiscal year. (1977, 2nd Sess., c. 1217, s. 10; 1987, c. 827, s. 66; 1989, c. 544, s. 19.)
§ 19A-30. Refusal, suspension or revocation of certificate or license.
NC General Statutes - Chapter 19A Article 3 5
The Director may refuse to issue or renew or may suspend or revoke a certificate of
registration for any animal shelter or a license for any public auction, kennel, pet shop, or
dealer, if after an impartial investigation as provided in this Article he determines that
any one or more of the following grounds apply:
(1) Material misstatement in the application for the original certificate of
registration or license or in the application for any renewal under this
Article;
(2) Willful disregard or violation of this Article or any rules issued pursuant
thereto;
(3) Failure to provide adequate housing facilities and/or primary enclosures
for the purposes of this Article, or if the feeding, watering, sanitizing
and housing practices at the animal shelter, public auction, pet shop, or
kennel are not consistent with the intent of this Article or the rules
adopted under this Article;
(4) Allowing one's license under this Article to be used by an unlicensed
person;
(5) Conviction of any crime an essential element of which is misstatement,
fraud, or dishonesty, or conviction of any felony;
(6) Making substantial misrepresentations or false promises of a character
likely to influence, persuade, or induce in connection with the business
of a public auction, commercial kennel, pet shop, or dealer;
(7) Pursuing a continued course of misrepresentation of or making false
promises through advertising, salesmen, agents, or otherwise in
connection with the business to be licensed;
(8) Failure to possess the necessary qualifications or to meet the
requirements of this Article for the issuance or holding of a certificate of
registration or license.
The Director shall, before refusing to issue or renew and before suspension or
revocation of a certificate of registration or a license, give to the applicant or holder
thereof a written notice containing a statement indicating in what respects the applicant or
holder has failed to satisfy the requirements for the holding of a certificate of registration
or a license. If a certificate of registration or a license is suspended or revoked under the
provisions hereof, the holder shall have five days from such suspension or revocation to
surrender all certificates of registration or licenses issued thereunder to the Director or his
authorized representative.
A person to whom a certificate of registration or a license is denied, suspended, or
revoked by the Director may contest the action by filing a petition under G.S. 150B-23
within five days after the denial, suspension, or revocation.
Any licensee whose license is revoked under the provisions of this Article shall not
be eligible to apply for a new license hereunder until one year has elapsed from the date
of the order revoking said license or if an appeal is taken from said order of revocation,
one year from the date of the order or final judgment sustaining said revocation. Any
person who has been an officer, agent, or employee of a licensee whose license has been
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revoked or suspended and who is responsible for or participated in the violation upon
which the order of suspension or revocation was based, shall not be licensed within the
period during which the order of suspension or revocation is in effect. (1977, 2nd Sess., c.
1217, s. 11; 1987, c. 827, s. 67.)
§ 19A-31. License not transferable; change in management, etc., of business or
operation.
A license is not transferable. When there is a transfer of ownership, management, or
operation of a business of a licensee hereunder, the new owner, manager, or operator, as
the case may be, whether it be an individual, firm, partnership, corporation, or other
entity shall have 10 days from such sale or transfer to secure a new license from the
Director to operate said business. A licensee shall promptly notify the Director of any
change in the name, address, management, or substantial control of his business or
operation. (1977, 2nd Sess., c. 1217, s. 12.)
§ 19A-32. Procedure for review of Director's decisions.
A denial, suspension, or revocation of a certificate or license under this Article shall
be made in accordance with Chapter 150B of the General Statutes. (1977, 2nd Sess., c.
1217, s. 13; 1987, c. 827, s. 68.)
§ 19A-33. Penalty for operation of pet shop, kennel or auction without license.
Operation of a pet shop, kennel, or public auction without a currently valid license
shall constitute a Class 3 misdemeanor subject only to a penalty of not less than five
dollars ($5.00) nor more than twenty-five dollars ($25.00), and each day of operation
shall constitute a separate offense. (1977, 2nd Sess., c. 1217, s. 14; 1993, c. 539, s. 315;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 19A-34. Penalty for acting as dealer without license; disposition of animals in
custody of unlicensed dealer.
Acting as a dealer in animals as defined in this Article without a currently valid
dealer's license shall constitute a Class 2 misdemeanor. Continued illegal operation after
conviction shall constitute a separate offense. Animals found in possession or custody of
an unlicensed dealer shall be subject to immediate seizure and impoundment and upon
conviction of such unlicensed dealer shall become subject to sale or euthanasia in the
discretion of the Director. (1977, 2nd Sess., c. 1217, s. 15; 1993, c. 539, s. 316; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 19A-35. Penalty for failure to adequately care for animals; disposition of animals.
Failure of any person licensed or registered under this Article to adequately house,
feed, and water animals in his possession or custody shall constitute a Class 3
misdemeanor, and such person shall be subject to a fine of not less than five dollars
($5.00) per animal or more than a total of one thousand dollars ($1,000). Such animals
shall be subject to seizure and impoundment and upon conviction may be sold or
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euthanized at the discretion of the Director and such failure shall also constitute grounds
for revocation of license after public hearing. (1977, 2nd Sess., c. 1217, s. 16; 1999-408,
s. 4.)
§ 19A-36. Penalty for violation of Article by dog warden.
Violation of any provision of this Article which relates to the seizing, impoundment,
and custody of an animal by a dog warden shall constitute a Class 3 misdemeanor and the
person convicted thereof shall be subject to a fine of not less than fifty dollars ($50.00)
and not more than one hundred dollars ($100.00), and each animal handled in violation
shall constitute a separate offense. (1977, 2nd Sess., c. 1217, s. 17; 1993, c. 539, s. 317;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 19A-37. Application of Article.
This Article shall not apply to a place or establishment which is operated under the
immediate supervision of a duly licensed veterinarian as a hospital where animals are
harbored, boarded, and cared for incidental to the treatment, prevention, or alleviation of
disease processes during the routine practice of the profession of veterinary medicine.
This Article shall not apply to any dealer, pet shop, public auction, commercial kennel or
research facility during the period such dealer or research facility is in the possession of a
valid license or registration granted by the Secretary of Agriculture pursuant to Title 7,
Chapter 54, of the United States Code. This Article shall not apply to any individual who
occasionally boards an animal on a noncommercial basis, although such individual may
receive nominal sums to cover the cost of such boarding. (1977, 2nd Sess., c. 1217, s.
18; 1987, c. 827, s. 69.)
§ 19A-38. Use of license fees.
All license fees collected shall be used in enforcing and administering this Article.
(1977, 2nd Sess., c. 1217, s. 19.)
§ 19A-39. Article inapplicable to establishments for training hunting dogs.
Nothing in this Article shall apply to those kennels or establishments operated
primarily for the purpose of boarding or training hunting dogs. (1977, 2nd Sess., c. 1217,
s. 21; 1979, c. 734, s. 2.)
§ 19A-40. Civil Penalties.
The Director may assess a civil penalty of not more than five thousand dollars
($5,000) against any person who violates a provision of this Article or any rule
promulgated thereunder. In determining the amount of the penalty, the Director shall
consider the degree and extent of harm caused by the violation. The clear proceeds of
civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and
Forfeiture Fund in accordance with G.S. 115C-457.2. (1995, c. 516, s. 6; 1998-215, s. 3.)
§ 19A-41. Legal representation by the Attorney General.
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It shall be the duty of the Attorney General to represent the Commissioner of
Agriculture and the Department of Agriculture and Consumer Services, or to designate
some member of his staff to represent the Commissioner and the Department, in all
actions or proceedings in connection with this Article. (2005-276, s. 11.5(c).)
§ 19A-42. Reserved for future codification purposes.
§ 19A-43. Reserved for future codification purposes.
§ 19A-44. Reserved for future codification purposes.