GEORGIA ANIMAL PROTECTION ACT
4-11-1. Short title.
This article shall be known and may be cited
as the "Georgia Animal Protection Act."
4-11-2. Definitions.
As used in this article, the term:
(1) "Adequate food and water" means food and
water which is sufficient in amount and
appropriate for the particular type of
animal to prevent starvation, dehydration,
or a significant risk to the animars health
from a lack of food or water.
(2) "Animal shelter" means any facility
operated by or under contract for the state,
a county, a municipal corporation, or any
other political subdivision of the state for
the purpose of impounding or harboring
seized, stray, homeless, abandoned, or
unwanted dogs, cats, and other animals; any
veterinary hospital or clinic operated by a
veterinarian or veterinarians which operates
for such purpose in addition to its
customary purposes; and any facility
operated, owned, or maintained by a duly
incorporated humane society, animal welfare
society, or other nonprofit organization for
the purpose of providing for and promoting
the welfare, protection, and humane
treatment of animals.
(3) "Equine" means any member of the Equidae
species, including horses, mules, and asses.
(4) "Humane care" of animals means, but is
not limited to, the provision of adequate
heat, ventilation, sanitary shelter, and
wholesome and adequate food and water,
consistent with the normal requirements and
feeding habits of the animars size, species,
and breed.
(5) "Kennel" means any establishment, other
than an animal shelter, where dogs or cats
are maintained for boarding, holding,
training, or similar purposes for a fee or
compensation.
(6) "Person" means any person, firm,
corporation, parlnership, association, or
other legal entity, any public or private
institution, the Stale of Georgia, or any
county, municipal corporation, or political
subdivision of the state.
(7) "Pet dealer" or "pet dealership" means
any person who sells, offers to sell,
exchanges, or offers for adoption dogs,
cats, birds, fish, reptiles, or other
animals customarily obtained as pets in this
state. However, a person who sells only
animals that he has produced and raised, not
to exccc'J 30 animals a year, shall not be
considered a pet dealer under this article
unless such a person is licensed for a
business by a local government or has a
Georgia sales tax number. The Commissioner
may with respect to any breed of animals
decrease the 30 animal per year exception in
the foregoing sentence to a lesser number of
any animals for any species which is
commonly bred and sold for commercial
purposes in lesser quantities. Operation of
a veterinary hospital or clinic by a
licensed veterinarian shall not constitute
the veterinarian a pet dealer, kennel, or
stable under this article.
(8) "Secretary of Agriculture" means the
Secretary of the United States Department of
Agriculture.
(9) "Stable" means any building, structure,
pasture, or other enclosure where equines
are maintained for boarding, holding,
training, breeding, riding, pulling
vehicles, or other similar purposes and a
fee is charged for maintaining such equines
or for the use of such equines.
4-11-3. Licenses for pet dealers and kennel,
stable, or animal shelter operators;
requirement; issuance; application.
(a) It shall be unlawful for any person to
act as a pet dealer or operate a kennel,
stable, or animal shelter unless such person
has a valid license issued by the
Commissioner of Agriculture. Any person
acting without a license in violation of
this subsection shall be guilty of a
misdemeanor.
(b) The Commissioner shall license pet
dealers and kennel, stable, and animal
shelter operators under the applicable
provisions of Chapter 5 of Title 2, the
"Department of Agriculture Registration,
License, and Permit Act."
(c) Licenses shall be issued for a period of
one year and shall be annually renewable.
The Commissioner may establish separate
classes of licenses, including wholesale and
retail licenses. The Commissioner shall fix
fees for licenses so that the revenue
derived from licenses shall approximate the
total direct cost of administering this
article. The Commissioner may establish
different fees for the different classes of
licenses established, but the annual fee for
any such license shall be at least $25.00
but shall not exceed $200.00.
(d) Applications for licenses shall be on a
form furnished by the Commissioner and,
together with such other information as the
Commissioner shall require, shall state:
(1) The name of the applicant;
(2) The business address of the applicant;
(3) The complete telephone number of the
applicant;
(4) The location of the pet dealership,
kennel, stable, or animal shelter;,
(5) The type of ownership of the pet
dealership, kennel, stable, or animal
shelter;, and (6) The name of the owner or,
if a partnership, firm, corporation, or
other entity, the name of the partners or
stockholders.
(e) Notwithstanding the provisions of
subsection (c) of this Code section, the
license fees fixed pursuant to subsection
(c) of this Code section shall be increased
by 100 percent for the renewal of any
license which is not renewed within ten days
following the expiration date of the license
or for the issuance of a new license to any
person who has failed to apply for a license
within ten days following the date on which
written notice of the need for such license
has bccn given to such person by the
Commissioner or his authorized
representative.
4-11-4. Display of licenses.
A license must be prominently displayed at
each place of business of a pet dealer and
at each kennel, stable, and animal shelter
in this state.
4-11-5. Licensing of bird dealers.
Any person licensed by the department as a
bird dealer shall not be required to obtain
a license under this article if such person
does not deal in animals other than birds.
If, however, a licensed bird dealer sells,
offers to sell, exchanges, or offers for
adoption dogs, cats, fish, reptiles, or
other animals (other than birds) customarily
obtained as pets, then such dealer shall be
required to obtain a license under this
article in addition to his bird dealer's
license.
4.11-5.1. Euthanasia of dogs and cats by
animal shelters or faciliUes operated for
collection of stray, neglected, abandoned,
or unwanted animals.
(a) Except as provided in subsection (b) of
this Code section, the use of sodium
pentobarbltal or a derivative of it shall be
the exclusive method for euthanasia of dogs
and cats by animal shelters or other
facilities which are operated for the
collection and care of stray, neglected,
abandoned, or unwanted animals. A lethal
solution shall be used in the following
order of preference:
(1) Intravenous injection by hypodermic
needle;
(2) Intraperitoneal injection by hypodermic
needle; or
(3) Intracardial injection by hypodermic
needle.
(b) Notwithstanding subsection (a) of this
Code section:
(1) A chamber using commercially bottled
carbon monoxide gas which was used on July
1, 1990, for euthanasia of dogs and cats by
any animal shelter or other facility may
continue to be used for such. purposes by
such animal shelter or facility if such
animal shelter or facility notifies the
Commissioner of Agriculture, in writing, on
or before August 1, 1990, that such a
chamber was in use by such animal shelter or
facility on July 1, 1990. However, a chamber
which causes a change in body oxygen by
means of altering atmospheric pressure or
which is connected to an internal combustion
engine and uses the engine exhaust for
euthanasia purposes shall not be permitted
under any circumstances; and
(2) Any substance which is clinically proven
to'be as humane as sodium pentobarbital and
which has been officially recognized as such
by the American Veterinary Medical
Association may be used in lieu of sodium
pentobarbital to perform euthanasia on dogs
and cats, but succinylcholine chloride,
cursm, curariform mixtures, or any substance
which acts as a neuromuscular blocking agent
may not be used on a dog or cat in lieu of
sodium pentobarbltal for euthanasia
purposes.
(c) In addition to the exceptions provided
for in subsection (b) of this Code section,
in cases of extraordinary circumstance where
the dog or cat poses an extreme risk or
danger to the veterinarian, physician, or
lay person performing euthanasia, such
person shall be allowed the use of any other
substance or procedure that is humane to
perform euthanasia on such dangerous dog or
cat.
(d) A dog or cat may be tranquilized with an
approved and humane substance before
euthanasia is performed.
(e) Euthanasia shall be performed by a
licensed veterinarian or physician or a lay
person who is properly trained in the proper
and humane use of a method of euthanasia.
Such lay person shall perform euthanasia
under supervision of a licensed veterinarian
or physician. This shall not be construed so
as to require that a veterinarian or
physician be present at the time euthanasia
is performed.
(f) No dog or cat may be left unattended
between the time euthanasia procedures are
first begun and the time death occurs, nor
may its body be disposed of until death is
confirmed by a qualified person.
(g) The supervising veterinarian or
physician shall be subject to all
record-keeping requirements and inspection
requirements of the State Board of Pharmacy
pertaining to sodium pentobarbitai and other
drugs authorized under subsection (b) of
this Code section and may limit the quantity
of possession of sodium pentobarbital and
other drugs authorized to ensure compliance
with the provisions of this Code section. ,
(h) This Code section shall not apply to any
animal shelter or other facility located in
a county having a population of 25,000 or
less according to the most recent United
States decennial census.
4-11-6. Applicability of article to
nonresidents; consent to jurisdiction;
service.
Any person who is not a resident of this
state but who engages in this state in any
activities for which a license is required
by this article shall be subject to this
article as to such activities. Each
nonresident applicant for a license required
by this article shall be required as a
condition of licensure to execute a consent
to the jurisdiction of the courts of this
state for any action filed under this
article; and service of process in any such
action shall be by certified mail by the
Commissioner.
4-11-7. Grounds for refusal to issue or
renew or suspension or revocation of
licenses.
The Commissioner may refuse to issue or
renew or may suspend or revoke a license on
any one or more of the following grounds:
(1) Material misstatement in the application
for the original license or in the
application for any renewal license under
this article;
(2) Willful disregard or violation of this
article or of any rules or regulations
issued pursuant to this article;
(3) Willfully aiding or abetting another in
the violation of this article or of any
regulation or rule issued pursuant to this
article;
(4) Allowing a license issued under this
article to be used by an unlicensed person;
(5) A violation of any law of this state or
rule of the Commissioner related to the
disposition of, dealing in, or handling of
dogs, cats, equines, and other animals;
(6) Making substantial misrepresentations or
false promises in connection with the
business of a licensee under this article;
(7) Pursuing a continued course of making
misrepresentations or false promises through
advertising, salesmen, agents, or otherwise
in connection with the business of a
licensee under this article;
(8) Failure to possess the necessary
qualifications or meet the requirements of
this article for the issuance or holding of
a license; or
(9) Failure to provide proper facilities.
4-11-8. Denial, suspension, or revocation of
license for violation of article;
applicability of "Georgia Administrative
Procedure Act."
The Commissioner is authorized to deny,
suspend, or revoke any license required by
this article, subject to notice and a
hearing, in any case in which he finds that
there has been a violation of this article
or any rule or regulation adopted pursuant
to this article. All proceedings for denial,
suspension, or revocation of a license shall
be conducted in conformance with Chapter 13
of Title 50, the "Georgia Administrative
Procedure Act."
4-11-9. Inspections.
The Commissioner or his designated agents
are authorized to enter upon any public or
private property at any time for the purpose
of inspecting the business premises of any
pet dealer or any animal shelter, kennel, or
stable and the dogs, cats, equines, or other
animals housed at such facility to determine
if such facility is licensed and for the
purpose of enforcing this article and the
rules and regulations adopted by the
Commissioner pursuant to this article.
History
(Code 1981, § 4-11-9, enacted by Ga. L.
1986, p. 628, § 1; Ga. g 1990, p. 328, § 1.)
4-11-9.1. Quarantine of animal, premises, or
any area by Commissioner.
Statute text
(a) In the control, suppression, prevention,
and eradication of animal diseases, the
Commissioner or any duly authorized
representative acting under his authority is
authorized and required to quarantine an
animal, premises, or any area when he shall
determine that animals in such place or
places are infected with a contagious or
infectious disease, that the unsanitary
condition of such place or places might
cause the spread of such disease, that the
animal has or has been exposed to any
contagious or infectious disease, or that
the owner or occupant of such place or
places is not observing sanitary practices
prescribed under the authority of this
article or any other law of this state.
(b) The Commissioner or his duly authorized
representative is authorized to issue and
enforce written or printed stop sale, stop
use, or stop movement orders to the owners
or custodians of any animals, ordering them
to hold such animals at a designated place,
when the Commissioner or his duly authorized
representative finds such animals:
(1) To be infected with or to have been
exposed to any contagious or infectious
disease;
(2) To be held by a person who is required
to be licensed under this article and whose
license has expired;
(3) To be held by a person who is required
to be licensed under this article and who
has failed to obtain a license within ten
days of the date on which written notice of
need to obtain a license was given to such
person by the Commissioner or his authorized
representative; or
(4) To have been held in violation of this
article, until the law has been complied
with and such animals have been released, in
writing, by the Commissioner or the
violations have been otherwise legally
disposed of by written authority.
(c) It shall be unlawful for any person to
sell, use, or move any animal in violation
of any quarantine or stop sale, stop use, or
stop removal order issued under this Code
section.
4-11-10. Unlawful acts by licensed persons.
It shall be unlawful for any person licensed
under this article or any person employed by
a person licensed under this article or
under his supervision or control to:
(1) Commit a violation of Code Section
16-12-4, relating to cruelty to animals,
when such violation occurs on the premises
of or is related to the operation of the pet
dealership, animal shelter, kennel, or
stable for which the license has been issued
or any other such facility operated by the
same person;
(2) Fail to keep the pet dealership
premises, animal shelter, kennel, or stable
in a good state of repair, in a clean and
sanitary condition, adequately ventilated,
or disinfected when needed;
(3) Fail to provide adequate food and
water;,
(4) Fail to provide adequate and humane care
for any dog, cat, equine, or other animal at
such facility; or
(5) Fail to take reasonable care to release
for sale, trade, or adoption only those
animals which appear to be free of disease,
injuries, or abnormalities.
4-11-11. Shipment of animals into state
without certificates of health.
It shall be unlawful for any person to ship
any animal, other than equines, livestock,
birds, cold-blooded animals, and rodents,
into this state for the purpose of resale
unless such animal is accompanied by a U.S.
interstate or international certificate of
health
4-11-12. Cooperation with federal
government.
The Commissioner may cooperate with the
United States Secretary of Agriculture in
carrying out Public Law 89-544, commonly
known as the Animal Welfare Act, as amended
by Public Laws 91-579 and 94-279, and the
rules and regulations issued by the
Secretary of Agriculture under that act. The
Commissioner may promulgate regulations to
facilitate cooperation and avoid any
unnecessary duplication or conflict of
activities by the department and the
Secretary of Agriculture in regulating the
activities or areas covered by this article
and Public Law 89-5A.A.. The regulations may
be in addition to other regulations
authorized by this article.
4-11-13. Animals raised, kept, or maintained
for human consumption.
The provisions of this article shall not
apply to any person who raises, keeps, or
maintains animals solely for the purposes of
human consumption.
4-11-14. Rules and regulations.
The Commissioner is authorized to promulgate
and adopt rules and regulations necessary or
appropriate to carry out this article.
4-11-15. Injunctions and restraining orders.
In addition to the remedies provided in this
article or elsewhere in the laws of this
state and notwithstanding the existence of
an adequate remedy at law, the Commissioner
is authorized to apply to the superior
courts for an injunction or restraining
order. Such courts shall have jurisdiction
and for good cause shown shall grant a
temporary or permanent injunction or an ex
parte or restraining order, restraining or
enjoining any person, partnership, firm,
corporation, or Other entity from violating
and continuing to violate this article or
any rules and regulations promulgated under
this article. Such injunction or restraining
order shall be issued without bond and may
be granted notwithstanding the fact that the
violation constitutes a criminal act and
notwithstanding the pendency of any criminal
prosecution for the same violation.
4-11-16. Violations of article, rules, and
regulations a misdemeanor.
Any person, partnership, firm, corporation,
or other entity violating any of the
provisions of this article or any rule or
regulation of the Commissioner adopted
pursuant to this article shall be guilty of
a misdemeanor.
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