OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 443 Bill Analysis
135th General Assembly
Click here for H.B. 443’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Grim and Carruthers
Effective date:
Jeff Grim, Research Analyst
SUMMARY
Eliminates provisions of law that preempt local regulation of pet stores.
DETAILED ANALYSIS
Local regulation of pet stores
The bill eliminates provisions of current law that preempt local regulation of pet stores.
That law specifically states all of the following:
1. The regulation of pet stores is a matter of general statewide interest that requires
statewide regulation;
2. State law constitutes a comprehensive plan with respect to all aspects of the regulation
of pet stores; and
3. It is the intent of the General Assembly to preempt any local law adopted to regulate
the sale, delivery, barter, auction, broker, or transfer of a dog to a person from a pet
store.1
Background: definitions2
Current law defines the following terms:
Defined term Definition
Pet store An individual retail store to which both of the following apply:
1 R.C. 956.23, repealed.
2 R.C. 956.01, not in the bill.
March 18, 2024
Office of Research and Drafting LSC Legislative Budget Office
Defined term Definition
1. The store sells 40 or more puppies or adult dogs in any calendar
year to the public; and
2. With regard to the sale of a dog from the store, the sales person,
the buyer of a dog, and the dog for sale are physically present
during the sales transaction so that the buyer may personally
observe the dog and help ensure its health prior to taking custody.
A pet store does not include an animal rescue for dogs, an animal shelter for
dogs, a humane society, a medical kennel for dogs, a research kennel for
dogs, or a high volume breeder or any other dog breeder that maintains and
sells dogs from the same premises where the dogs are bred and reared.
Animal rescue for An individual or organization recognized by the Director of Agriculture that
dogs keeps, houses, and maintains (keeps) dogs and that is dedicated to the
welfare, health, safety, and protection of dogs, provided that the individual
or organization does not operate for profit, does not sell dogs for a profit,
does not breed dogs, does not sell dogs to a dog broker or pet store, and
does not purchase more than nine dogs in any given calendar year unless the
dogs are purchased from a dog warden appointed under current law, a
humane society, or another animal rescue for dogs.
“Animal rescue for dogs” includes an individual or organization that offers
spayed or neutered dogs for adoption and charges reasonable adoption fees
to cover the costs of the individual or organization, including costs related to
spaying or neutering dogs.
Animal shelter A facility that keeps, houses, and maintains dogs, including a dog pound
for dogs operated by a municipal corporation, or by a county under the Dog Law, or
that is operated by a humane society, animal welfare society, society for the
prevention of cruelty to animals, or other nonprofit organization that is
devoted to the welfare, protection, and humane treatment of dogs and
other animals.
High volume dog An establishment that keeps six or more breeding dogs and does at least one
breeder of the following:
1. In return for a fee or other consideration, sells five or more adult
dogs or puppies in any calendar year to dog brokers or pet stores;
2. In return for a fee or other consideration, sells 40 or more puppies
in any calendar year to the public; or
3. Keeps, at any given time in a calendar year, more than 40 puppies
that are under four months, that have been bred on the premises
of the establishment, and that have been primarily kept from birth
on the premises of the establishment.
P a g e |2 H.B. 443
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Defined term Definition
Medical kennel A facility that is maintained by a veterinarian and operated primarily for the
for dogs treatment of sick or injured dogs.
Research kennel A facility housing dogs that is maintained exclusively for research purposes.
for dogs
HISTORY
Action Date
Introduced 03-07-24
ANHB0443IN-135/ar
P a g e |3 H.B. 443
As Introduced
Statutes affected: As Introduced: 956.181, 956.23