(1) Any person who operates a pet animal facility that is licensed as of December 31, 1993, by the United States department of agriculture shall not be subject to the routine inspection provisions of this article but shall be subject to all other provisions, including but not limited to those concerning licensure and investigation of reported violations.
(2) The provisions of this article 80 do not apply to:
Any veterinary hospital which boards pet animals for the purpose of veterinary medical care only and does not actively solicit boarding business in any way;
Any research facility, circus, or publicly or privately owned zoological park or petting zoo licensed or registered under the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as amended;
Any bird hobby breeder facility, canine hobby breeder facility, feline hobby breederfacility, small animal hobby breeder facility, or any other hobby breeder facility as defined by the commissioner which is specific to other pet animal species;
Any pet animal training facility where the pet animal owner or such owner's designee, other than a training facility operator, is present during the duration of the animal's stay;
Any kennel operated for the breeding or sale or racing of racing greyhounds that arenot intended to be companion pets; (f) Repealed.
Any wildlife regulated by the division of parks and wildlife or department of naturalresources;
Livestock, as defined in section 35-80-102 (9);
Any owner, breeder, handler, or trainer while transporting a pet animal to or from orexhibiting or competing at any event licensed, regulated, or sanctioned by the American kennel club, united kennel club, or any other nationally recognized registering organization;
Any wildlife sanctuary;
The boarding of no more than three pet animals at one time;
A company that uses technology in its business model that is not a pet animal facility,as that term is defined in section 35-80-102 (11).
(3) (a) Any pet animal facility structure in existence and licensed by the department of health through 1991 that was in compliance with that department's regulations for such licenses shall be exempt from any conflicting requirements of this article or rules and regulations of the commissioner concerning physical premises.
(b) Any laws or rules promulgated for pet animal facilities shall not require the construction of any new buildings or major reconstruction of the existing physical premises of facilities specified in paragraph (a) of this subsection (3).
Source: L. 94: Entire article added, p. 1301, § 8, effective July 1. L. 2000: (2)(i) added, p. 1398, § 5, effective May 30. L. 2001: (2)(i) amended, p. 1262, § 2, effective June 5. L. 2014:
(2)(j) added, (HB 14-1270), ch. 365, p. 1745, § 4, effective July 1. L. 2017: IP(2) amended and (2)(k) and (2)(l) added, (HB 17-1228), ch. 342, p. 1812, § 1, effective June 5. L. 2018: (2)(f) repealed, (HB 18-1375), ch. 274, p. 1718, § 75, effective May 29.