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minnesota laws

Minnesota has criminal and civil laws which deal with animal cruelty and welfare, consumer protection, and other issues pertaining to the treatment of animals — and the impact on animals, consumers, and communities.

Below lists a few Minnesota "animal protection" laws with links and brief explanations. 

MN CHAPTER 343: PREVENTION OF CRUELTY TO ANIMALS

LINK: Minnesota Chapter 343 - Prevention of Cruelty to Animals

Every state and the District of Columbia have animal anti-cruelty laws. In Minnesota, Chapter 343 is the "Prevention of Cruelty to Animals" law. 

This law defines an animal as "every living creature except members of the human race." The law provides a definition for animal cruelty as well as authority for enforcement, procedures for seizure of animals, and penalties, including substantial bodily harm and great bodily harm. Provisions are provided for nourishment, shelter, exercise, and wholesome change of air. This law also addresses specific issues such as animals with infectious disease, animal fighting, decompression chambers, docking horses, and other issues.

The specific definition of "Torture; cruelty” is in subdivision 3 of section 343.20. It reads: “'Torture' or 'cruelty' means every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death.” 

NOTE:

• Dog Houses. Minn. Stat. section 343.40 also has specific requirements for dogs kept outdoors or in an unheated enclosure. See Dog Houses.

• Animal Fighting. Minn. Stat. section 343.31 is the law prohibiting animal fighting and possession of fighting animals. See Animal Fighting.

MINN. STAT. sections 346.35-44: Pet and Companion Animal Welfare Act

LINK: Minnesota Statutes Chapter 346

Scroll to sections 346.35-44. This law is known as the Pet and Companion Welfare Act. The scope applies " to veterinarians, animal boarding facilities, and commercial animal facilities."

This law includes definitions for pet or companion animal as well as abuse, cruelty, and neglect. Sections include equines, dogs and cats, pet birds, rodents and other animals (farmed animals are excluded). Some care standards include requirements for food, water, transportation, shelter size, temperature, ventilation, sanitation, lighting, etc.

This law is sometimes used by prosecutors when charging people for animal neglect, cruelty, or abuse (in addition to MN Chapter 343).

NOTE: A few unique subdivisions in this law:

Subd. 2: Good Samaritans. A person is not liable for rendering humane assistance to an injured pet or companion animal.

Subd. 4: Health care. Adequate health care, including parasite and pest control, must be provided to each pet or companion animal.

Subd. 6. Reports of abuse, cruelty, or neglect. A veterinarian must report known or suspected cases of abuse, cruelty, or neglect to peace officers and humane agents as provided in 343.12 and 343. 29.

MN STAT. sec. 346.57 Dogs and Cats in Motor Vehicles

LINK: Dogs and Cats Left Unattended in Motor Vehicles

This law prohibits a person from leaving a dog or cat "unattended in a standing or parked motor vehicle in a manner that endangers the dog's or cat's health or safety."

MN STAT. sec. 609.294: Bestiality

LINK: Bestiality

Bestiality is a crime of sexual assault or exploitation involving the animal. Sexual abuse of animals is also prohibited under other statutes, such as child pornography. This crime can, and often is, charged under Chapter 343.

MN STAT. sec. 609.596: Public Safety Dog

LINK: Killing or Harming Public Safety Dog

A person is prohibited from causing harm, intentionally and without justification, to a police dog, a search and rescue dog, or an arson dog.

MN STAT. sec. 609.597: Police Horse

LINK: Assaulting or Harming Police Horse

The act of assaulting or intentionally harming a police horse is a criminal offense.

MN STAT. sec. 518B.01 Domestic Violence - Protection Order for Pets

LINK: Protection Orders for a Pet or Companion Animal

Orders for protection for a pet or companion animal are provided in the Minnesota Domestic Abuse Act. Refer to subdivisons 6(a)(14), (15) and 7(a)(6), (7).

OTHER ANIMAL-RELATED LAWS

There are numerous laws relating to animals in Minnesota providing standards of care and requiments.. Below lists a few selected laws.

MINN. STAT. sections 347.57-347.64: COMMERCIAL BREEDERS LICENSING AND ENFORCEMENT

LINK:  Commercial Breeders Licensing and Enforcement Law

Click on link and scroll down to sections 347.57-347.64.

The Commercial Breeders Licensing and Enforcement Law (Breeder Law, for short) was signed into law on May 20, 2014 and went into effect July 1, 2014.

The Commercial Dog and Cat Breeder Law licenses and regulates commercial dog and cat breeding facilities in Minnesota that meet the definition of "commercial breeder." A commercial breeder is defined in the law as "a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year."

NOTE: Due to the data secrecy clause that applies to this law, access to information about licensing, inspections, size and locations of kennels, enforcement, denial, or revocation efforts, and other actions are not provided to the public.

For Q&As on this law, go to: Breeder Law Q & A

 mercial Breeders Licensing and Enforcemen

MINN. STAT. sections 347.31-40: MN KENNELS and DEALERS

LINK: Kennels and Dealers

Click on link and scroll down to sections 347.31-347.40.

This law is specific to kennels and dealers with dogs and cats. Kennel and dealer are defined as:

Subd. 2. Kennel. "Kennel" means any place, building, tract of land, abode, or vehicle wherein or whereupon dogs or cats are kept, congregated, or confined, if the dogs or cats were obtained from municipalities, pounds, auctions, or by advertising for unwanted dogs or cats, or dogs or cats strayed, abandoned, or stolen. "Kennel" does not include a pound owned and operated by any political subdivision of the state or a person's home where dogs and cats are kept as pets.

Subd. 4. Dealer. "Dealer" means a public or private agency, person, society, or corporation that is licensed or is required to be licensed as a "Class B dealer" under United States Code, title 7, sections 2131 to 2155, as amended through December 31, 1986, who sells or transfers dogs or cats to institutions or to other dealers who sell or transfer to institutions.

Note: If the dealer sells or transfer dogs or cats to sell to institutions, such as for medical research, that dealer would be subject to this law. Only one USDA licensed dealer was licensed and inspected under this definition (breeding and selling to medical institutions). His name was Ken Schroeder; he was also USDA licensed. In 2014, his USDA license was revoked and he voluntarily gave up his MN kennel license.

MINNESOTA CONSUMER PROTECTION — General

As many animals are legally defined as property and, when bought and sold, are considered transactions or merchandise, this law also applies to the selling of dogs and cats. For instance, if a consumer is led to believe an animal is healthy, makes the purchase and then discovers the animal is sick due to breeding or care conditions, this may be deception — and a violation of this law.

If you find you have been a victim of consumer fraud, file a complaint with the Minnesota Office of Attorney General and also tell your story to Animal Folks.

LINK: Minnesota Stat. Sec. 325F.69 Unlawful Practices

"The act, use, or employment by any person of any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice, with the intent that others rely thereon in connection with the sale of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is enjoinable as provided in section 325F.70."

MINN. STAT. section 325F.79  — PET LEMON LAW

LINK: Pet Lemon Law - MN Statute 325F.79 to 325F.792

Click link above and scroll to 325F.79 - 325F.792

Chapter 325F.79-325F.792 specifically regulates the sale of dogs and cats. It defines the retail purchaser’s rights (i.e., consumer who buys the dog or cat) and the rights of the pet dealer (i.e., the pet store or breeder who sells the animal to the consumer).

Click on link below for details of the law: Pet Stores

ANIMAL HEALTH

LINK: Minnesota Statute 35

Per MN Statute 35.92, the Board of Animal Health has been given the authority to enforce MN Statute 35 Animal Health. This law focuses on "contagious or infectious disease." The BAH's mission focuses primarily on controlling and eradicating animal disease. 

NOTE:

• Section 35.05. A person who "knows or reasonably suspects that a contagious or infectious disease exists in a domestic animal shall immediately notify the board."

• Section 35.93. The Board may take administrative action, such as "investigate and issue a written cease and desist, stop-sale, stop-use, or removal order or other remedial action to the owner, custodian, or other responsible party."

 

MINN. STAT. sec. 346.155 - POSSESSING REGULATED ANIMALS

LINK: Exotic Animals — Possessing Regulated Animals

Click on link and scroll down to section 346.155.

On January 1, 2005, an ‘Exotic Animal Ownership’ law went into effect in Minnesota. With some exceptions, it prohibits individuals from purchasing, obtaining, or owning certain exotic animals in Minnesota.