Rabbit sale laws in the US

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All breeders in the US are subject to the Animal Welfare Act which applies if they sell more than $500 of animals per year to a pet store or distributor. If so, then the breeder may need to be licensed and follow certain animal care and housing standards. There are many exemptions to the $500 rule though, and the law should read carefully to be sure whether they apply or not. See the USDA page on the Animal Welfare Act for more information.

Many states and even counties and cities also have their own laws regarding the sale of rabbits such as the age at which they may be sold and where they may be sold. Here we attempt to list all relevant laws for every state. Some states may not have any laws at all regarding the sale of rabbits and have not been listed.

WabbitWiki make no claims as to the accuracy and completeness of the scope of these laws at any point in time. Please check for yourself to see if the following laws may have been repealed or new laws have been added.

Alabama

From the Code of Alabama,[1]

§ 3-1-15. Sale, offer for sale, barter, etc., of baby rabbits, chicks, ducklings, etc., as pets or novelties.

It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby rabbits, or baby chicks, ducklings or other fowl, but not including parrots, parakeets and canaries, as pets or novelties, regardless of whether or not such rabbits or fowl are dyed, colored or otherwise artificially treated.

Whoever violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by law.

Unfortunately, no definition of "baby rabbit" can be found, making the minimum age to sell rather ambiguous.

In Huntsville, Alabama,[2]

Sec. 5-113. - Giving away animals as prizes.

It shall be unlawful for any person to give away rabbits, chicks, reptiles, or wild or exotic animals as prizes.

(Ord. No. 95-693, § 5-56(b), 10-12-1995; Ord. No. 99-1036, § 9, 12-9-1999)

State Law reference— Sales of rabbits, chicks, ducklings or other fowl, Code of Ala. 1975, § 3-1-15.

Arkansas

From West's Arkansas Code Annotated,[3]

§ 5-62-121. Unlawful sale or dyeing of baby chicks, rabbits, ducklings

(a) It shall be unlawful for any person, firm, or corporation to sell or offer for sale, barter, or give away living baby chicks, rabbits, or ducklings under two (2) months of age in any quantity less than six (6).

(b) It shall be unlawful for any person, firm, or corporation to sell, offer for sale, barter, give away, or display living baby chicks, rabbits, or ducklings which have been dyed, colored, or otherwise treated so as to impart to them an artificial color.

(c) This section shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes.

(d) Any person, firm, or corporation violating any of the provisions of this section shall, upon conviction, be deemed guilty of a Class C misdemeanor.

(e) Nothing in this section shall prohibit growers of living baby chicks, rabbits, ducklings, or other fowl from selling or making gifts thereof in quantities they deem appropriate.

From Eureka Springs Code of Ordinances,[4]

6.04.05 Animal care

...

E. No person shall give away any live animals, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was the purpose of attracting trade.

...

Arizona

From Arizona State Legislature,[5]

44-1799.71. Unlawful public sale of animals; civil penalty; definitions

A. In a county with a population of eight hundred thousand persons or more, a person commits the unlawful public sale of animals by knowingly selling an animal on:

1. Any public highway, street or park or any public property adjacent to a public highway, street or park.

2. Any commercial private property without the express consent of the owner or lessee of the property.

B. Subsection A does not apply to:

1. Retail sales on the premises of a pet store.

2. Sales by a publicly operated or private, charitable nonprofit pound, humane society, animal rescue organization or educational or agricultural organization.

3. Any rodeo, auction market, county fair, stock show or other sanctioned livestock exhibit event.

C. A person who is found responsible for a violation of this section is subject to a civil penalty of not more than fifty dollars.

D. For the purposes of this section:

1. "Animal" means any living species of mammal, bird, amphibian or reptile.

2. "Pet store" has the same meaning prescribed in section 44-1799.

From the Code of the City of Phoenix, Arizona,[6]

Sec. 8-4. - Selling, dyeing, or coloring baby chickens, ducklings or young rabbits.

It shall be unlawful for any person to sell, offer for sale, barter or give away baby chickens or ducklings under five weeks of age or rabbits under two months of age in less than one dozen lots as premiums, novelties, prizes, pets or toys, or to color, dye, stain or otherwise change the natural color of baby chickens or duckling or rabbits, or to bring or transport the same into the City; provided, that this section shall not be construed to prohibit the sale or display of baby chickens or ducklings or rabbits in proper facilities that comply with the provisions of the Sanitary Code or other rules and regulations of the Board of Health by breeders and those engaged in the business of selling for commercial breeding and raising purposes.

From Santa Cruz County Animal Control,[7]

Sale of Animals

A. No animals, including birds, reptiles and fish, shall be offered for sale, prize, gift or other transfer of ownership, an no animals, including birds, reptiles or fish shall be sold, given away or otherwise transferred, on or from any public street, roadway, right of way, sidewalk, park, swap meet, carnival, petting zoo or malls. A 'swap meet" is defined for the purpose of this section as a place of commercial activity popularly known as a swap meet, flea market, or park-and-swap, which is open to the general public and composed of enclosed, semi-enclosed or outdoor stalls, stands or spaces rented or leased to persons on a temporary basis for the purpose of display and sale, barter or exchange of new or used merchandise. This ordinance shall not prohibit the sale of animals at county fairs, animal exhibitions or shows. 4-H activities, pet shops in malls, and other activities or events that are regulated by other state or county agencies including but not limited to livestock activities regulated by A.R.S. Title 3, Chapter 11. Livestock for purposes of this ordinance shall be as defined in A.R.S. §3-1201(5).

B. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor. Each day such violation continues shall constitute a separate offense.

...

From the Nogales Code of Ordinaces,[8]

Sec. 3-5. - Sale of animals.

(a) Sale of animals. No animals, including birds, reptiles and fish, shall be offered for sale, prize, gift or other transfer of ownership, on or from any public streets, roadways, rights-of-way, sidewalks, parks, swap meets, carnivals, or public parking areas. A "swap meet" is defined for the purpose of this section as a place of commercial activity popularly known as a swap meet, flea market, or park-and-swap, which is open to the general public and composed of enclosed, semi-enclosed, or outdoor stalls, stands or spaces rented or leased to persons on a temporary basis for the purpose of display and sale, barter, or exchange of new or used merchandise.

(b) Exceptions. The provisions of this section shall not prohibit the sale of animals at animal exhibitions or shows, 4-H activities, and other activities or events that are regulated by local, state, or federal agencies.

(c) Penalties. A violation of any provision of this section is punishable by a fine of not more than $300.00 for any person. Each day such violation continues shall constitute a separate offense.

In the City of Sedona,[9]

6.05.060 Animal care.

...

F. No person shall give away any live animal as a prize for, or as an inducement to enter, any contest, game or other competition, as an inducement to enter a place of amusement, or as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

...

I. It shall be unlawful for any business (as defined in the city tax code) within the limits of the city to allow any person to sell or give away any animal in front of or on the property of the business. This provision does not apply to the Sedona Humane Society or its mobile pet adoption program. [Ord. 2011-10 §§ 1(B), (C), 10-11-2011. Code 2006 § 6-1-6].

California

From West's Annotated California Codes,[10]

§ 599. Selling or giving away poultry or rabbits as inducement to enter contest, place of amusement or business

Every person is guilty of a misdemeanor who

(a) Sells or gives away, any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition or as an inducement to enter a place of amusement or place of business; or

(b) Dyes or otherwise artificially colors any live chicks, rabbits, ducklings or other fowl, or sells, offers for sale, or gives away any live chicks, rabbits, ducklings, or other fowl which has been dyed or artificially colored; or

(c) Maintains or possesses any live chicks, rabbits, ducklings, or other fowl for the purpose of sale or display without adequate facilities for supplying food, water and temperature control needed to maintain the health of such fowl or rabbit; or

(d) Sells, offers for sale, barters, or for commercial purposes gives away, any live chicks, rabbits, ducklings, or other fowl on any street or highway. This section shall not be construed to prohibit established hatchery management procedures or the display, or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries, poultrymen, or stores regularly engaged in the business of selling the same.

In Healdsburg, California,[11]

6.04.230 Selling animals without license prohibited.

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, hobby kennel or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner’s premises or on the premises where the animal is boarded or kept. (Ord. 1053 § 3, 2007. Code 1964 § 3.23.)

In Lathrop, California,[12]

6.32.140 Animals not to be given away as prizes.

No person shall give away any live animal, fish, reptile or bird as a prize for or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (Prior code § 91.020)

In Livermore, California,[13]

6.04.030 Fowl and rabbits.

...

B. It is unlawful for any person to give away baby rabbits, chicks, ducklings or other fowl as a novelty, promotion or prize, whether or not dyed, colored or otherwise artificially treated. No person shall sell or barter any baby rabbit, chick, duckling or other fowl as a pet unless, as a condition thereof, the person acquiring such rabbit, chick, duckling or other fowl may return such within 30 days without cost or charge. Every person displaying or offering for sale any baby rabbit, chick, duckling or other fowl as a pet shall conspicuously post the following notice: “Any rabbit or fowl purchased may be returned” in letters at least one inch in height. (Ord. 1244 § 2, 1987)

In Los Angeles County, California,[14]

10.40.015 Sale of live animals--Prohibited at swap meet.

Any person who maintains, operates, leases, rents or lends space at a swap meet shall not permit, cause, display for, or promote the sale of live animals at such swap meet. “Live animal” as defined by this section shall include, but is not limited to dogs, cats, birds, fish, poultry, rabbits and livestock.

10.40.016 Sale of animals on shelter property.

No person shall sell, barter, give away or accept animals on shelter property unless authorized by the director.

10.40.020 Young rabbits or fowl--Certain acts prohibited.

A. A person shall not:

1. Sell, offer for sale, barter, or give away, as pets, toys, premiums or novelties any baby chickens, ducklings or other fowl under three months of age, or rabbits under two months of age; or
2. Color, dye, stain or otherwise change the natural color of the above-described fowl or rabbits; or
3. Bring or transport the above-described fowl or rabbits into the county of Los Angeles.

B. This section does not prohibit any act prohibited by, or permitted by, Section 599 of the Penal Code or any other statute.

10.40.030 Young rabbits or fowl--Display, maintenance or sale permitted when.

This chapter does not prohibit the sale or display of any of the fowls or rabbits described herein, in proper facilities by breeders or stores engaged in the business of selling for commercial breeding or raising, or for food, or their exhibition at any fair, show or exhibit where such fowls or animals are displayed for commercial purposes and in the interest of improving agriculture or industry.

In San Francisco, California,[15]

SEC. 48. UNLAWFUL TO SELL FOWL OR RABBITS AS PETS OR NOVELTIES.

(a) It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated.

(b) This Section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

(c) Any person, firm or corporation violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $5 nor more than $50 for each and every offense.

Colorado

From West's Colorado Revised Statutes Annotated, [16]

§ 35-80-108. Unlawful acts

(1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person or entity:

...

(l) To sell, transfer, or adopt guinea pigs, hamsters, or rabbits under the age of four weeks...

...

In Fort Collins, Colorado,[17]

Sec. 4-118. - Use of animals as inducement prohibited.

No person shall give away any animal as a prize for or as an inducement to enter any contest, game or other competition or as inducement to enter a place of amusement, for the purpose of attracting trade or offer any animal as an incentive to enter into any business agreement. The provisions of this Section shall not apply to facilities licensed under Sections 35-80-101 through 117, C.R.S.

(Ord. No. 160, 1986, § 1(35-25), 11-4-86; Ord. No. 60, 1995, § 9, 5-16-95)

In Lafayette, Colorado,[18]

Sec. 25-1. - Domestic animal cruel treatment prohibited.

...

(f) No person shall give away any domestic animal as a prize for or as an inducement to enter any contest, game or other competition or as inducement to enter a place of amusement, for the purpose of attracting trade.

...

(k) Ownership of any animal shall not be recognized as an affirmative defense for violation of any provision of this chapter.

(Ord. No. 733, § 6, 6-7-77; Ord. No. 1985-32, § 1, 11-5-85; Ord. No. 1991-07, § 1, 5-7-91; Ord. No. 1994-6, § 4, 4-19-94; Ord. No. 2006-21, § 1, 5-16-06; Ord. No. 2006-30, § 2, 7-18-06)

State Law reference— Cruelty to animals, § 18-9-201 et seq., C.R.S. 1973; power of city council to prohibit cruelty to animals, § 31-15-401, C.R.S. 1973.

In Loveland, Colorado,[19]

6.16.130 Artificially treated animals prohibited.

No person shall possess, display, sell or give away dyed, colored or in any way artificially treated baby chicks, ducklings, fowl, rabbits or any other animals as pets, playthings, novelties or gifts. (Ord. 4229 §1 (part), 1996)

Connecticut

From Connecticut General Statutes Annotated,[20]

§ 53-249a. Sale or gift of dyed fowl or rabbits prohibited

Any person who sells or offers for sale at retail or gives away, living chickens, ducklings, other fowl or rabbits, which have been dyed, colored or otherwise treated so as to import to them an artificial color, shall be fined not more than one hundred fifty dollars.

Delaware

In Wilmington, Delaware,[21][22]

Sec. 3-14. - Proper and humane care of domestic animals required; penalties for violation of section.

...

(e) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

...

Sec. 3-46. - Minimum allowed to be sold or given away.

It shall be unlawful for any person to sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits under two months of age in any quantity less than six.

(Code 1968, § 22-15)

Sec. 3-47. - Selling, giving away, etc., dyed animals and fowl.

It shall be unlawful for any person to sell, offer for sale, barter, give away or display living baby chicks, ducklings or other fowl, or rabbits, which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

(Code 1968, § 22-16)

...

Sec. 3-49. - Sales or displays exempt from article.

This article shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, ducklings or other fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes.

(Code 1968, § 22-18)

District of Columbia

From the District of Columbia,[23]

§ 8-1808. Prohibited conduct.

...

(d) No person shall change the natural color of a baby chicken, duckling, other fowl or rabbit.

...

(f) No person shall sell or offer for sale a baby chicken, duckling, other fowl, or rabbit that has had its natural color changed.

(g) No person shall sell or offer for sale a rabbit under the age of 16 weeks or a chick or duck under the age of 8 weeks except for agricultural or scientific purposes.

Florida

From the 2015 Florida Statutes,[24]

828.1615 Prohibiting artificial coloring and sale of certain animals.—

(1) It is unlawful for a person to:

(a) Dye or artificially color an animal that is under 12 weeks of age, or a fowl or rabbit of any age;

(b) Bring a dyed or artificially colored animal that is under 12 weeks of age, or a fowl or rabbit of any age, into this state; or

(c) Sell, offer for sale, or give away as merchandising premiums, baby chickens, ducklings, or other fowl under 4 weeks of age or rabbits under 2 months of age to be used as pets, toys, or retail premiums.

(2) The prohibitions in paragraphs (1)(a) and (b) do not apply to animals that are temporarily dyed by agricultural entities for protective health purposes.

(3) This section does not apply to an animal that is under 12 weeks of age, or a fowl or rabbit of any age, that is used or raised for agricultural purposes by a person with proper facilities to care for it or for the purpose of poultry or livestock exhibitions.

(4) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

From Miami-Dade County local ordinances,[25]

Sec. 5-12. - Additional restrictions on sales of animals.

(a) It shall be unlawful for any person to possess, sell, or otherwise transfer within the County any dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl.

...

Georgia

In Smyrna, Georgia,[26]

Sec. 14-135. - Selling/giving away of animals; use of animals as prizes.

Selling or giving away animals in front of or on private property or public property, other than the animal owner's property, without the owner's permission, is prohibited. A licensed rescue group, licensed animal shelter, licensed veterinarian, licensed pet dealer, or licensed humane society which has all required governmental licenses, registrations and has obtained permission from the owner of the business or property, may sell or give away animals on private or public property, including but not limited to: retail stores, businesses, flea markets, yard sales and CCAC or municipal property.

(Ord. No. 2006-6, 4-7-06)

...

Sec. 14-137. - Exhibition of animals.

(a) Animal exhibitions will be permitted provided that the exhibitor:

(1) Has all valid licenses and permits that are required by the state, county or city available for inspection on demand;

(2) Abides by all federal, state and local laws, ordinances, rules and guidelines that apply to such exhibits;

(3) Does not exhibit any animal that is ill or injured;

(4) Has a licensed veterinarian either present or on call to attend to any injured/ill animal;

(5) Confines/controls all animals to protect the public and the animals from harm; and

(6) Ensures that all animals are treated in accordance with this chapter.

(b) Legal exhibitions include but are not limited to petting zoos, circuses, dog shows, individuals or groups displaying/marketing animals for adoption or sale, etc., unless otherwise prohibited in this chapter...

(c) Exhibitions of animals for illegal purposes as stated in local ordinances, this chapter, state and federal laws are strictly prohibited.

...

(Ord. No. 2006-6, 4-7-06)

In Athens-Clarke County, Georgia,[27]

Sec. 4-1-9. - Animal giveaway.

No person in Athens-Clarke County shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(Ord. of 12-1-98, § 1)

In Cobb County, Georgia,[28]

§ 10-135. Selling/giving away of animals; use of animals as prizes

Selling or giving away animals in front of or on private property or public property, other than the animal owner's property, without the owner's permission, is prohibited. A licensed rescue group, licensed animal shelter, licensed veterinarian, licensed pet dealer, or licensed humane society which has all required governmental licenses, registrations and has obtained permission from the owner of the business or property, may sell or give away animals on private or public property, including but not limited to: retail stores, businesses, flea markets, yard sales and CCAC property.

(Ord. of 9-23-80, § 21; Ord. of 6-11-85; Ord. of 10-24-89; Code 1977, § 3-5-19; Ord. of 5-24-05)

In Jackson County, Georgia,[29]

Sec. 8-164. - Selling/giving away of animals; use of animals as prizes.

Selling or giving away animals in front of or on private property or public property, other than the animal owner's property, without the owner's permission, is prohibited. A licensed rescue group, licensed animal shelter, licensed veterinarian, licensed pet dealer, or licensed humane society which has all required governmental licenses, registrations and has obtained permission from the owner of the business or property, may sell or give away animals on private or public property, including, but not limited to:

(1) Retail stores;
(2) Businesses;
(3) Flea markets;
(4) Yard sales; and
(5) JCAC property.

(Ord. of 9-11-2006, § 1-135)

...

Sec. 8-166. - Exhibition of animals.

(a) Animal exhibitions will be permitted provided that the exhibitor:

(1) Has all valid licenses and permits that are required by the state, county or city available for inspection on demand;

(2) Abides by all federal, state and local laws, ordinances, rules and guidelines that apply to such exhibits;

(3) Does not exhibit any animal that is ill or injured;

(4) Has a licensed veterinarian either present or on call to attend to any injured/ill animal;

(5) Confines/controls all animals to protect the public and the animals from harm; and

(6) Ensures that all animals are treated in accordance with this chapter.

(b) Legal exhibitions include, but are not limited to, petting zoos, circuses, dog shows, individuals or groups displaying/marketing animals for adoption or sale, etc., unless otherwise prohibited in this chapter...

(c) Exhibitions of animals for illegal purposes as stated in local ordinances, this chapter, state and federal laws are strictly prohibited.

...

(Ord. of 9-11-2006, § 1-137)

In Spalding County, Georgia,[30]

§ 12-1013. Animals/fowl as prizes forbidden

It shall be unlawful to offer as a prize or give away any live animal/fowl in any contest, raffle or lottery or as enticement for fund raising or for entry into any place of business.

(Ord. No. 91-01, § 1, 5-7-91)

Illinois

From West's Smith-Hurd Illinois Compiled Statutes Annotated,[31]

(510 ILCS 70/4)

Sec. 4. Prohibited acts. No person may sell, offer for sale, barter, or give away as a pet or a novelty any rabbit or any baby chick, duckling or other fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto. Baby chicks or ducklings shall not be sold, offered for sale, bartered, or given away as pets or novelties. Rabbits, ducklings or baby chicks shall not be awarded as prizes.

A person convicted of violating this Section is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.

Credits
P.A. 78-905, § 4, eff. Oct. 1, 1973. Amended by P.A. 79-463, § 1, eff. Oct. 1, 1975; P.A. 84-466, § 1, eff. Jan. 1, 1986; P.A. 86-172, § 1, eff. Jan. 1, 1990; P.A. 92-650, § 5, eff. July 11, 2002.

In Chicago, Illinois,[32]

4-384-015 Retail sale of dogs, cats and rabbits.

(a) Definitions. As used in this section:

“Offer(s) for sale” means to display, sell, deliver, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog, cat or rabbit.

“Retailer” means any person licensed or required to be licensed under this chapter who offers for sale any dog, cat or rabbit in the City.

“Rescue organization” means any not-for- profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats or rabbits.

(b) Restrictions on the retail sale of animals. A retailer may offer for sale only those dogs, cats or rabbits that the retailer has obtained from:

(1) an animal control center, animal care facility, kennel, pound or training facility operated by any subdivision of local, state or federal government; or

(2) a humane society or rescue organization.

(c) Exemptions. The restrictions on retailers set forth in subsection (b) of this section shall not apply to any entity listed in paragraphs (1) or (2) of subsection (b) of this section, or to any veterinary hospital or clinic licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004, codified at 225 ILCS 115.

(d) Disclosures required. Any retailer who offers for sale a dog, cat or rabbit shall make the following disclosures to the customer about such animal:

...

(2) for each rabbit: (i) the breed, approximate age, sex and color of the animal; (ii) the date and description of any inoculation or medical treatment that the animal received while under the possession of the retailer; (iii) the name and address of the location where the animal was born, rescued, relinquished or impounded; and (iv) if the animal was returned by a customer, the date of and reason for the return.

The disclosures required under this subsection (d) shall be provided by the retailer to the customer in written form and shall be signed by both the retailer and customer at the time of sale. The retailer shall retain the original copy of such disclosure and acknowledgement for a period of two years from the date of sale. Upon request by an authorized City official, the original copy of such disclosure and acknowledgement shall be made immediately available for inspection by such authorized city official.

The retailer shall post, in writing, in a conspicuous place on or near the cage of any dog, cat or rabbit offered for sale all of the information about a dog, cat or rabbit required under this subsection and other applicable law.

In the City of St. Charles,[33]

6.12.090 Selling rabbits or fowl as novelties prohibited.

No person shall sell, offer for sale or give away as a pet any rabbit or fowl that has been dyed, colored or otherwise treated to impart an artificial color thereto. Baby chicks, ducklings, goslings and turtles shall not be sold, offered for sale, bartered or given away as pets or novelties.

(Ord. 1977-M-11 (part): prior code § 20.41.)

...

6.12.100 Using animals for prizes or attracting trade prohibited.

No person shall give away any animal, as defined in Section 6.04.020, as a prize or as an inducement to enter any competition or contest or place of amusement, or offer such as an incentive to any business agreement for the purpose of attracting trade.

(Ord. 1977-M-11 (part): prior code § 20.42.)

In Kane County, Illinois,[34]

5/26. Prohibited acts

§ 26. No person may sell, offer for sale, barter, or give away as a pet or a novelty any rabbit or any baby chick, duckling or other fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto... Rabbits, ducklings, baby chicks or reptiles, shall not be awarded as prizes in any game of chance. No person shall give away or use any live animal as a prize for or as an inducement to enter any contest, game, or other competition or as an inducement to enter a place of amusement or offer such animal as an incentive to enter a business agreement whereby the offer was for the purpose of attracting trade. No person shall be permitted to keep animals in violation of the "Illinois Humane Care for Animals Act" or the "Illinois Animal Welfare Act".

In McHenry County, Illinois,[35]

11.08 ARTIFICIAL COLORED ANIMALS OR FOWL. No person shall sell, offer for sale, barter, or give away any living animal such as chicks, ducklings, other baby fowl or rabbits as pets or novelties when such fowl or rabbits have been dyed, colored or otherwise treated to impart an artificial color to them.

...

11.10 ENTERTAINMENT, FIGHTING OR BAITING ANIMALS.

...

B. No person shall give or use any live animal as a prize or as an inducement to enter any contest, game or other competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade, without registering with the Animal Control Division at least 48 hours before the event.

...

Indiana

From West's Annotated Indiana Code,[36]

15-17-18-11 Birds and rabbits; transport violations; prohibited alteration of coloring

Sec. 11. (a) A person who sells:

...

(2) a rabbit under the age of two (2) months;

commits a Class B misdemeanor. This subsection does not apply to commercial breeders or distributors whose facilities are adequately equipped for the care of young birds or rabbits.

(b) A person who dyes, stains, or alters the natural coloring of a bird or rabbit commits a Class B misdemeanor.

In Auburn, Indiana,[37]

90.22 ANIMALS AS PRIZES OR INDUCEMENTS

No person shall sell, offer for sale, trade, barter or give away any live animal, bird, or reptile as a prize for, or use such as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade, for business other than establishments selling animals as their primary business.

...

90.24 DYED ANIMALS

No person shall sell, offer for sale, trade, or barter any animal whose appearance has been chemically altered by dyes or staining.

...

90.26 ANIMAL EVENTS PROHIBITED

No person or group of persons or any profit or nonprofit organization, whether for pay or other compensation or for free promotional purposes, shall conduct or allow any event involving contests between animals or persons using animals in any form or manner, except those events reviewed and approved for the safety, well-being, and comfort of the animals involved by the Board of Public Works and Safety.

A) This provision shall not prohibit events authorized by the DeKalb County Fair Association, Inc conducted in accordance with health regulations for exhibition of domestic and farm animals in the state, or shows, rides, and concessions approved by said association.

B) No event, ride, and/or concession shall be exempt from the provision of 90.22 and 90.25.

In Bloomington, Indiana,[38]

7.36.010 Giving animals as prizes.

(a) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter any contract, game, or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement in which the offer was for the purpose of attracting trade.

(b) No person shall auction any live animal, except domestic livestock.

(Ord. 05-33 § 10 (part), 2005: Ord. 99-39 § 52, 1999; Ord. 81-101 § 11, 1981: Ord. 77-74 § 6 (part), 1977).

(Ord. 15-04, § 50, 4-8-2015)

In Columbia City, Indiana,[39]

§ 90.04 SALE OF ANIMALS AS NOVELTIES OR USE AS PRIZE PROHIBITED; EXCEPTIONS.

(A) Sale of animals as novelties or use as prize prohibited.

(1) No person shall display, sell, offer for sale, barter, or give away any animal, reptile, fish, or bird as a novelty or as an advertising device.

(2) No rabbit, chick, gosling, duckling, turkey, or other fowl may be dyed or otherwise colored artificially; nor shall any dyed or artificially colored rabbits, chicks, goslings, ducklings, turkeys, or other fowl be sold, offered for sale, displayed, used as barter, or given away.

(B) This section shall not be construed to prohibit the sale or display of natural chicks, ducklings, goslings, turkeys, or other domestic fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes. Nor shall this section prohibit a pet shop holding a valid permit under this chapter, or a legitimate humane society or animal shelter, from humanely caring for, adopting out, or selling animals as pets.

(Ord. 2005-21, passed 5-25-2005; Am. Ord. 2014-1, passed 2-25-2014) Penalty, see § 90.99

In Fort Wayne, Indiana,[40]

§ 91.029 ANIMALS AS PRIZES OR INDUCEMENTS.

(A) No person shall sell, offer or contract to sell, trade, barter, exchange, or transfer any live animal as a prize or an inducement to enter any business establishment, enterprise or activity except establishments whose principle business is the commercial sale of animals to the public.

(B) Governmental agencies and animal welfare organizations engaged in promoting health, safety, or adoption of animals will be exempt from the prohibition of division (A) above, subject to compliance by such agencies with all applicable permit and inspection requirements.

(Ord. G-15-14, passed 6-24-14)

§ 91.030 DYEING OR STAINING ANIMALS; ANIMALS AS NOVELTIES.

(A) No person shall sell, offer or contract to sell, trade, barter, exchange or transfer any animal whose appearance has been altered by dyes or staining.

...

(Ord. G-15-14, passed 6-24-14)

In Monroe County, Indiana,[41]

440-21. Giving Animals as Prizes

(A) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter into any contract, game or other competition or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement in which the offer was for the purpose of attracting trade.

(B) No person shall auction any live animal except as described in subsection C.

(C) This provision shall not apply to the giving of or auctioning of domestic livestock or horses as prizes or otherwise.

(D) Any person who violates this section commits a Class D ordinance violation. Each act of giving an animal as a prize, as defined in this section, constitutes a separate violation.

Iowa

From Iowa Code Annotated,[42]

Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717E. Pets as Prizes.

717E.1. Definitions

As used in this chapter, unless the context otherwise requires:

...

5. "Pet" means a living animal which is limited to a dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.

717E.2. Pet awards prohibited

A person is guilty of a simple misdemeanor if the person awards a pet or advertises that a pet may be awarded as any of the following:

1. A prize for participating in a game.

2. A prize for participating in a fair.

3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.

4. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care, or disposition of the pet.

717E.3. Exceptions

This chapter shall not apply to any of the following:

1. A pet shop licensed pursuant to section 162.5 if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.

2. Youth programs associated with 4-H clubs; future farmers of America; the Izaak Walton league of America; or organizations associated with outdoor recreation, hunting, or fishing including but not limited to the Iowa sportsmen's federation.

Kansas

From West's Kansas Statutes Annotated,[43]

21-6413. Unlawful disposition of animals

(a) Unlawful disposition of animals is knowingly raffling or giving as a prize or premium living rabbits or chickens, ducklings or goslings.

(b) Unlawful disposition of animals is a class C misdemeanor.

(c) The provisions of this section shall not apply to a person giving such animals to minors for use in agricultural projects under the supervision of commonly recognized youth farm organizations.

Credits
Laws 2010, ch. 136, § 224, eff. July 1, 2011; Laws 2012, ch. 150, § 28, eff. July 1, 2012.

Kentucky

From Kentucky Penal Code,[44]

436.600 Dyeing or selling dyed baby fowl or rabbits

No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings, or other fowl or rabbits, under two (2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks. Any person who violates this section shall be fined not less than $100 nor more than $500.

Maine

From Maine Revised Statutes,[45][46][47]

§3907. Definitions

As used in this Part, and in every law relating to or affecting animals, unless the context indicates otherwise, the following terms have the following meanings.

...

18-A. Livestock. "Livestock" means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites.

...

§ 3970-B. Breeding and sale of small mammals

1. Rulemaking. The commissioner shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2-A to regulate the breeding and sale of small mammals, including, but not limited to, guinea pigs, hamsters and rabbits. The rules must reflect the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, Food and Rural Resources for the care of small mammals. Rules adopted pursuant to this section apply only to persons who are not regulated or required to be licensed under chapter 723 or 735.

2. Penalty. A person who violates the rules adopted under this section commits a civil violation for which a fine not to exceed $100 per violation may be adjudged.

...

§3972. Unlawful use of animals

1. Unlawful use of animals. It is unlawful for any person to:

A. Sell, display, raffle, give away or offer for sale within the State any live animals that have been dyed or otherwise artificially colored;

B. Sell, display, raffle, give away or offer for sale to the public any live fowl, turtles or rabbits under 8 weeks of age in lots of less than 6;

C. Use any live animal as a premium, fund-raising device, prize or award or use any live animal in a raffle, contest, game or promotion except as authorized by law or rule;

...

2. Violation. . Any person who makes unlawful use of animals contrary to this section commits a civil violation for which a forfeiture not to exceed $100 may be adjudged. For the purposes of this section, "animal" does not include lobsters or shellfish.

3. Construction. Nothing in this section may be construed to apply to any animal to be used or raised for agriculture, aquaculture or fishing, to any dog to be used or raised for hunting or exhibition purposes, by persons with proper facilities otherwise authorized by law, or to games using animals in which the participating animal is not caused, directly or indirectly, to perform any act that deviates from the animal's natural behavior provided that the game is conducted by an educational or cultural institution or other nonprofit service organization.

4. Exception. Notwithstanding subsection 1, paragraph C, livestock may be raffled by charitable organizations licensed under Title 17, section 1837, subsection 3 for fund-raising purposes. For the purposes of this section, "charitable organization" has the same meaning as defined in Title 9, section 5003, subsection 1. Proceeds from a raffle under this subsection must be used for charitable purposes.

The animal must be awarded in freezer-ready form.

Maryland

From West's Annotated Code of Maryland,[48]

§ 10-610. Animal as prize

Scope of section

(a) This section does not apply to a person giving away an animal:

(1) as an agricultural project;
(2) for conservation purposes; or
(3) that is intended for slaughter.

Prohibited

(b) Without the approval of the Secretary of Agriculture, a person may not give away a live animal as:

(1) a prize for, or inducement to enter, a contest, game, or other competition;
(2) an inducement to enter a place of amusement; or
(3) an incentive to make a business agreement if the offer is to attract trade.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

From Annapolis and Rockville Animal Control Ordinances,[49]

Sec. 3-26. Cruelty to animals.

...

(e) It shall be unlawful to give away any live animal as a prize or premium or as an attraction to conduct further business.

(f) It shall be unlawful to sell, offer for sale, barter, or give away baby chickens, ducklings, or other fowl, under three (3) weeks of age or rabbits under two (2) months of age or to color, dye, stain or otherwise change the natural color of said animals or fowl.

...

Massachusetts

From Massachusetts General Laws Annotated,[50]

§ 80D. Living rabbits, baby chickens, ducklings or other fowl; sale, barter or gift

...

No person shall sell, offer for sale, barter, display or give away living rabbits, chickens, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

...

Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.

...

§ 80F. Giving away live animals as prize or award

No person shall offer or give away any live animal as a prize or an award in a game, contest or tournament involving skill or chance. The provisions of this section shall not apply to awards made to persons participating in programs relating to animal husbandry.

Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.

Michigan

From Legislative Council, State of Michigan,[51]

752.91 Sale of artificially colored baby chicks, rabbits or ducklings; unlawful.

Sec. 1. It shall be unlawful for any person, firm or corporation to sell, or offer for sale, any baby chicks, rabbits, ducklings, or other fowl or game which have been dyed or otherwise artificially colored.

History: 1945, Act 163, Imd. Eff. May 16, 1945;CL 1948, 752.91.

752.92 Violation a misdemeanor.

Sec. 2. Any person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by the laws of this state.

History: 1945, Act 163, Imd. Eff. May 16, 1945;CL 1948, 752.92.

Minnesota

From 2015 Minnesota Statutes,[52]

343.32 ARTIFICIALLY COLORED ANIMALS; SALE.

No chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale; raffled; offered or given as a prize, premium, or advertising device; or displayed in any store, shop, carnival, or other public place.

History: 1965 c 620 s 1

Montana

From Montana Code Annotated 2015,[53][54]

81-8-401. Certain dealings in baby animals unlawful.

(1) Except as provided in subsection (2), it is unlawful for any person, firm, or corporation to:

(a) sell, offer for sale, barter, or give away for commercial purposes baby chickens, ducklings, or other fowl, under 3 weeks of age, or rabbits under 2 months of age, as pets, toys, premiums, or novelties;

(b) color, dye, stain, or otherwise change the natural color of baby chickens, ducklings, or other fowl or rabbits; or

(c) bring or transport the same into the state.

(2) This section shall not be construed to prohibit the sale, dyeing, staining, or otherwise changing of the natural color, or display of such baby chickens, ducklings, or other fowl or such rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of breeding and raising.

History: En. 3-2110 by Sec. 1, Ch. 233, L. 1974; R.C.M. 1947, 3-2110; amd. Sec. 1, Ch. 143, L. 1985.

81-8-402. Penalties.

Violation of 81-8-401 is a misdemeanor and any person, firm, or corporation, other than one excepted in 81-8-401(2), violating any of the provisions thereof is, upon conviction, subject to a fine not exceeding the sum of $100 or imprisonment for a period not exceeding 30 days, or both.

History: En. 3-2111 by Sec. 2, Ch. 233, L. 1974; R.C.M. 1947, 3-2111; amd. Sec. 2, Ch. 143, L. 1985.

New Hampshire

From the Revised Statutes Annotated of the State of New Hampshire,[55]

437:14 Artificial Coloring.

No chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially shall be sold or offered for sale; raffled; offered or given as a prize, premium, or advertising device; or displayed in any store, shop, carnival, or other public place.

437:15 Sale or Gift of Small Quantities.

Rabbits younger than 4 weeks of age shall not be sold or offered for sale; raffled; or offered or given as a prize, premium, or advertising device.

437:16 Conditions of Keeping and Display.

Stores, shops, vendors, and others offering chicks, ducklings, goslings, or rabbits younger than 4 weeks of age for sale, raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, goslings, or rabbits to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, goslings, or rabbits in good health, and shall keep adequate food and water available to the birds or animals at all times.

437:17 Penalty.

Any person, firm, or corporation violating any of the provisions of this subdivision shall be guilty of a violation; provided that after any violation has been called to the attention of the violator by any law enforcement officer, each day on which such violation continues or is repeated shall constitute a separate offense.

New Jersey

From the New Jersey Statutes Annotated,[56]

4:22-26. Acts constituting cruelty in general; penalty

A person who shall:

...

m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

...

o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

...

q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

New Mexico

From Bernalillo County municipal codes,[57]

Sec. 6-64. - Sale and display of animals.

...

(e) Sale of live companion animals at pet shops is prohibited unless the pet shop has an approved professional animal site permit. Sale of rabbits, cats or dogs in pet shops is prohibited.

(f) The sale of rabbits for purposes other than as a companion animal, which are not otherwise prohibited under this chapter, is allowed. There shall be a seasonal exception for the sale of live rabbits in all pet shops, feed stores, and bait shops during the months of March and April.

New York

From Mckinney's Consolidated Laws of New York Annotated,[58]

§ 354. Sale of baby chicks and baby rabbits

1. No person shall sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl or baby rabbits unless such person provides proper brooder facilities where appropriate for the care of such baby chicks, ducklings or other fowl or baby rabbits during the time they are in the possession of such person. For the purposes of this section, a baby rabbit shall be a rabbit of less than two months of age.

2. No person shall sell, offer for sale, barter or display living baby chicks, ducklings or other fowl or baby rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

...

3. No person shall sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl or baby rabbits under two months of age in any quantity less than six.

4. A violation of the provisions of this section is a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both.

From New York City Administrative Code,[59]

§ 17-1702 Prohibited sales.

...

b. It shall be unlawful for any pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any rabbit.

c. A pet shop that allows an animal shelter or non-profit rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to such animals, provided such pet shop does not have an ownership interest in such animals. A pet shop shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to animals it surrenders to a non-profit shelter or animal rescue group, so long as such pet shop does not derive a fee therefor.

North Carolina

From West's North Carolina General Statutes Annotated,[60]

§ 14-363.1. Living baby chicks or other fowl, or rabbits under eight weeks of age; disposing of as pets or novelties forbidden

If any person, firm or corporation shall sell, or offer for sale, barter or give away as premiums living baby chicks, ducklings, or other fowl or rabbits under eight weeks of age as pets or novelties, such person, firm or corporation shall be guilty of a Class 3 misdemeanor...

North Dakota

From West's North Dakota Century Code Annotated,[61]

36-21.1-08 Artificially colored animals - Sale.

No person may sell or offer for sale, raffle, offer, or give as a prize, premium, or advertising device, or display in any store, shop, carnival, or other public place, a chick, duckling, gosling, or rabbit which has been dyed or otherwise artificially colored.

36-21.1-09 Use of certain birds as advertising devices - Use of live beef or dairy cattle as raffle prizes - Gifts of animals.

...

3. A person may not give away any live animal, other than those authorized under subsections 1 and 2, as:

a. A prize for, or as an inducement to enter any contest, game, or other competition;
b. An inducement to enter a place of amusement; or
c. An incentive to enter into any business agreement where the offer was for the purpose of attracting trade.

4. The provisions of subsection 3 do not apply to a person or organization that gives away an animal:

a. As a project for the promotion of the equine and livestock industry of North Dakota;
b. As a project for the promotion of conservation of animals and wildlife in North Dakota; or
c. Which is intended for slaughter.

...

36-21.1-11 Penalty.

Any person knowingly and willfully violating any rule adopted by the board or violating any provision of this chapter for which a specific penalty is not provided is guilty of a class A misdemeanor.

Ohio

From Codified Ordinances of Zanesville, Ohio,[62]

505.12 COLORING RABBITS OR BABY POULTRY; SALE OR DISPLAY OF POULTRY.

(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or poultry which has been dyed or otherwise colored...

(b) Whoever violates this section is guilty of a minor misdemeanor.

Pennsylvania

From Purdon's Pennsylvania Statutes and Consolidated Statutess, [63]

Title 18. Crimes and Offenses. Part II. Definition of Specific Offenses. Article F. Offenses Against Public Order and Decency. Chapter 55. Riot, Disorderly Conduct and Related Offenses.

§ 5511. Cruelty to animals

...

(b) Regulating certain actions concerning fowl or rabbits.--A person commits a summary offense if he sells, offers for sale, barters, or gives away baby chickens, ducklings, or other fowl, under one month of age, or rabbits under two months of age, as pets, toys, premiums or novelties or if he colors, dyes, stains or otherwise changes the natural color of baby chickens, ducklings or other fowl, or rabbits or if he brings or transports the same into this Commonwealth. This section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl, or such rabbits, in proper facilities by persons engaged in the business of selling them for purposes of commercial breeding and raising.

...

§ 5511.1. Live animals as prizes prohibited

(a) General rule.--No person shall give or offer to give away any live animal, except fish, as a prize in any drawing, lottery, contest, sweepstakes or other game. No person operating any drawing, lottery, contest, sweepstake or other game shall sell or offer to sell any live animal, except fish, in conjunction with the operation of a drawing, lottery, contest, sweepstakes or other game.

(b) Exception.--

(1) This section shall not apply to any domestic animal given away or sold in connection with any agricultural, educational or vocational program sponsored or sanctioned by the Department of Agriculture.

(2) The Department of Agriculture shall promulgate the rules and regulations necessary to provide the conditions and requirements of live animal offerings under this subsection.

...

(d) Penalty.--A violation of this section constitutes a summary offense punishable by a fine of not more than $250.

South Carolina

From Code of Laws of South Carolina 1976 Annotated,[64]

§ 47-1-125. Coloring or dying animals prohibited; sale or distribution of certain young animals prohibited; penalty.

(1) It is unlawful for any person to dye or color artificially any animal or fowl, including but not limited to rabbits, baby chickens, and ducklings, or to bring any dyed or colored animal or fowl into this State.

(2) It is unlawful for any person to sell, offer for sale or give away as merchandising premiums, baby chickens, ducklings or other fowl under four weeks of age or rabbits under two months of age to be used as pets, toys or retail premiums.

(3) This section shall not be construed to apply to any animal or fowl, including but not limited to rabbits, baby chickens and ducklings to be used or raised for agricultural purposes by persons with proper facilities to care for them or for poultry or livestock exhibitions.

(4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days.

...

§ 47-1-210. Live animals as prizes; exceptions; penalties.

(A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.

(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.

(D) This section does not apply when a live animal is given away as follows:

(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;

(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or

...

Tennessee

From West's Tennessee Code Annotated, [65]

§ 39-14-204. Dyed baby fowl or rabbits

(a)(1) It is unlawful for any person to:

(A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if such fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or

(B) Bring or transport such fowl or rabbits into the state for such purposes.

(2) This section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising or laboratory testing.

(3) Each such baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or given away in violation of this section constitutes a separate offense.

(b) A violation of this section is a Class C misdemeanor.

From Metro Government of Nashville and Davidson County, Tennessee, Code of Ordinances,[66]

8.12.100 - Outdoor sale or gifting of animals prohibited.

A. It is unlawful for any person to display in any outdoor public place within the area of the metropolitan government dogs, cats, or other domestic animals for the purpose of giving the animal(s) away or selling the animal(s). For purposes of this ordinance, "outdoor public place" includes streets, roads, highways, thoroughfares, intersections, sidewalks, public rights-of-way, and parking lots (whether publicly or privately-owned).

B. The provisions of this section shall not apply to:

1. The animal control division of the department of health;

2. Licensed dealers under Tenn. Code Ann. § 44-17-101, et seq., at their place of business; or

3. Any legally recognized non-profit entity organized pursuant to section 501(c) of the IRS Code whose primary purpose is the care and adoption of animals.

C. Nothing in this section shall prevent a person from selling or giving away dogs, cats, or other domestic animals owned by that person from their own residence or place of business.

(Ord. BL2009-606 § 1, 2010)

Texas

In Austin, Texas,[67]

§ 3-2-3 - COMMERCE IN LIVE ANIMALS.

...

(B) A pet trader commits an offense if the pet trader conducts an off-site retail sale.

(C) A person commits an offense if the person sells, trades, barters, leases, rents, gives away, or displays for a commercial purpose a live animal on a roadside, public right-of-way, or commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

(D) This section does not apply to:

(1) the City of Austin animal shelter or a City of Austin animal shelter certified partner, or a not for profit 501(c)(3) animal welfare organization registered with the City; or

(2) an event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or

(3) an adoption at which consideration is paid if it occurs at a mobile pet adoption establishment that is operated by an organization that is exempt pursuant to paragraph (D)(1) of this section.

...

In Fort Worth, Texas,[68]

Sec. 6-61. - Unlawful acts enumerated.

...

(b) It shall be unlawful for a person to sell or deliver live chickens, ducklings, goslings or rabbits less than eight (8) weeks of age to any person in quantities of less than five (5).

(c) It shall be unlawful for a person to sell, offer for sale, barter or display any living chickens, rabbits, ducks or any other fowl or animal which has been dyed, colored or otherwise treated so as to impart to them an artificial color.

(d) It shall be unlawful for a person to give away any live animal as a prize or inducement for the purpose of attracting trade or business.

...

In Gainesville, Texas,[69]

Sec. 3-15. - Animals prohibited as novelties.

(a) It shall be unlawful for any person to sell, offer for sale, rent, barter, or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old or rabbits under two (2) months old, unless the manner or method is first approved by the animal control officer.

(b) It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings, or other fowl or rabbits or to possess for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored.

(Ord. No. 1250-07-2010, § 3, 7-6-10)

...

Sec. 3-19. - Commercial businesses.

(a) No person shall engage in the business of selling, grooming, breeding, showing, exhibiting or boarding of animals without first having obtained a permit from the city. Written application for a permit and payment of the applicable permit fees shall be made to the City of Gainesville. The permit issued under this section shall be valid for one (1) year from the date of issuance and shall be renewed annually thereafter. Provided, however, permits to show or exhibit animals, including but not limited to, rodeos, circuses and shows, shall be valid for thirty (30) days immediately following issuance. All permits shall be conspicuously displayed in public view at the business at all times and shall be nontransferable.

(b) Permit shall not be required for licensed veterinarians, veterinarian clinics, or any person raising livestock in an area properly zoned for such use.

(c) The animal control officer is authorized to inspect any such business, the animals, and the premises where such animals are kept at reasonable times during normal business hours to ensure compliance with all provisions of this chapter. Buildings must meet all City of Gainesville Building Inspection Regulations for housing animals.

(d) Sellers, boarders and breeder's shall only keep or house four adult animals and shall not exceed fifteen (15) juvenile or offspring of the adult animals more than one hundred eighty (180) days from their date of birth. Certificates of birth or a record of birth dates shall be kept on file for inspection by the animal control officer.

...

(g) In addition to the other requirements of this chapter, such businesses shall keep all locations where animals are kept in a clean and sanitary condition. Exercise areas shall be free of noxious odors and cleaned of excrement at least once each week.

(h) The City of Gainesville Zoo is exempt from section 3-19 commercial businesses.

(Ord. No. 1250-07-2010, § 3, 7-6-10)

In Houston, Texas,[70][71]

Sec. 6-118. - Roadside and flea market sales.

(a) It is unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

(b) This section does not apply to:

(1) An agent of a business that has a valid permit for a commercial pet service facility under section 6-121 of this Code;

(2) An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or

(3) A tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals.

Sec. 6-40. - Coloring of baby fowl and rabbits.

(a) It is unlawful for any person to dye, stain or otherwise alter the natural color of any chicken, duckling, gosling or rabbit.

(b) It shall be a defense to prosecution under subsection (a) of this section that the animal was dyed or stained for commercial use or breeding purposes, for scientific, educational or governmental purposes or any other purpose not related to its being furnished or kept as a pet.

In San Antonio, Texas,[72]

Sec. 5-3. - Prohibiting sale of baby chicks, ducklings or other fowl and rabbits.

(a) It shall be unlawful for any person to sell or offer for sale, barter, lease, rent or give away on the condition that some other item is purchased, bartered, leased, or rented, any baby chicks, ducklings, other fowl less than three (3) weeks old, or rabbits less than eight (8) weeks old; except that this chapter shall not be construed as to prohibit the sale or display of such baby chicks, ducklings, or other fowl in proper breeder facilities or hatcheries or to prohibit the sale or display of such baby chicks, ducklings, or other fowl in stores engaged in the business of selling the same to be raised for commercial purposes.

(b) It shall be unlawful to color, dye, stain, or otherwise change the natural color of any baby chicks, ducklings, or other fowl or rabbits or to possess for the purpose of sale any baby chicks, ducklings, or other fowl or rabbits which have been so colored.

Vermont

From Vermont Statutes Online,[73]

§ 366. Prohibited use of animals

(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.

(b) No live fowl, turtles, or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.

...

(d) A person who violates this section shall be subject to a fine of not more than $250.00.

Virginia

From Code of Virginia, [74]

§ 3.2-6510. Sale of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty.

A. No person shall sell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device any living chicks, ducklings, or other fowl under two months old in quantities of less than six or any unweaned mammalian companion animal or any dog or cat under the age of seven weeks without its dam or queen. Dealers may offer immature fowl, unweaned mammalian companion animals, dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven weeks of age. Nothing in this section shall prohibit the sale, gift, or transfer of an unweaned animal: (i) as food for other animals; (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or private animal shelter, or a veterinarian.

...

C. A violation of this section is a Class 3 misdemeanor.

1984, c. 492, § 29-213.40; 1987, c. 488, § 3.1-796.70; 1993, c. 174; 1995, c. 625; 2006, c. 503; 2008, c. 860; 2014, c. 148.

Washington

From the Tacoma Municipal Code,[75]

Chapter 8.07: BABY CHICKS AND RABBITS

8.07.010 Unlawful to sell or give away in quantities less than six.

It shall be unlawful for any person, firm or corporation to sell or offer for sale, barter or give away, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than six.

8.07.020 Artificial coloring prohibited.

It shall be unlawful for any person, firm or corporation to sell, offer for sale, barter, give away, or display living baby chicks, rabbits, ducklings or other fowl, which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

8.07.030 Application of chapter.

This chapter shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, ducklings, or other fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes.

8.07.040 Penalty for violations.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not exceeding $500.00, or be imprisoned in the Pierce County Jail for a period of not more than six months, or be both so fined and imprisoned.

Wisconsin

From West's Wisconsin Statutes Annotated,[76]

951.10. Sale of baby rabbits, chicks and other fowl

(1) No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl unless the person provides proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in the person's possession.

(2) No retailer, as defined in s. 100.30(2)(e), may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under 2 months of age in any quantity less than 6 unless in the business of selling these animals for agricultural, wildlife or scientific purposes.

951.11. Artificially colored animals; sale

No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.

Further reading

See also

References

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