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225 ILCS 605/3.8

    (225 ILCS 605/3.8)
    (Text of Section before amendment by P.A. 102-586)
    Sec. 3.8. Sourcing of dogs and cats sold by pet shops.
    (a) A pet shop operator may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if any of the following applies to the original breeder:
        (1) The person is not currently licensed by the
    
United States Department of Agriculture under the federal Animal Welfare Act.
        (2) During the 2-year period before the day the dog
    
or cat is received by the pet shop, the person received a direct or critical non-compliant citation on a final inspection report from the United States Department of Agriculture under the federal Animal Welfare Act.
        (3) During the 2-year period before the day the dog
    
or cat is received by the pet shop, the person received 3 or more non-compliant citations on a final inspection report from the United States Department of Agriculture for violations relating to the health or welfare of the animal and the violations were not administrative in nature.
        (4) The person received a no-access violation on each
    
of the 3 most recent final inspection reports from the United States Department of Agriculture.
    (b) A pet shop operator is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection (a) of this Section if, when placing an order to obtain a dog or cat for sale or resale, the pet shop operator conducts a search for inspection reports that are readily available of the breeder on the Animal Care Information System online search tool maintained by the United States Department of Agriculture. If inspection reports are not readily available on the United States Department of Agriculture website, the pet shop operator must obtain the inspection reports from the person or persons required to meet the criteria described in subsection (a) of this Section.
    (c) Notwithstanding subsections (a) and (b) of this Section, a pet shop operator may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from: (1) a person that sells dogs only he or she has produced and raised and who is not required to be licensed by the United States Department of Agriculture, (2) a publicly operated pound or a private non-profit humane society or rescue, or (3) an animal adoption event conducted by a pound or humane society.
    (d) A pet shop operator shall maintain records verifying its compliance with this Section for 2 years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection (d) shall be open to inspection on request by a Department of Agriculture inspector.
(Source: P.A. 100-322, eff. 8-24-17.)
 
    (Text of Section after amendment by P.A. 102-586)
    Sec. 3.8. Prohibition of dogs and cats sold by pet shops; recordkeeping.
    (a) A pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter, located in-state or out-of-state, that is in compliance with Section 3.9.
    (b) A pet shop operator shall keep a record of each dog or cat offered for sale. The record must be kept on file for a period of 2 years following the acquisition of each dog or cat, made available to the Department upon request, and submitted to the Department on May 1 and November 1 of each year. The record shall include the following:
        (1) name, address, and phone number of the animal
    
control facility or animal shelter each dog or cat was obtained from; and
        (2) documentation from the animal control facility or
    
animal shelter each dog or cat was obtained from demonstrating compliance with Section 3.9, including the circumstances that led to the animal control facility or animal shelter obtaining ownership of the dog or cat and any other information indicating the dog or cat was not obtained from a source prohibited in Section 3.9.
    (c) In addition to the penalties set forth in Section 20.5, a pet shop operator that violates subsection (a) shall no longer offer for sale a dog or cat regardless of where the dog or cat was obtained.
    (d) Nothing in this Section prohibits a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.
(Source: P.A. 102-586, eff. 2-23-22.)