(II) "FViMUi" miMiis :iii\ iikIi\ kIii;iI. |i;irlin.-isiii|V fimi. joinl- 

 slotk t'lMiipanv. coipiMjlioii. jssoi Mlmii. liiisl, csi;iU'. or 

 uiIkt Icpal cniiiy. 



( 12) "f'cl shop" mciins a pi-ison oi tsiahlishnicnl iluii jcqiiirt-s lor the 

 purposes of resale animals l>rctl liy others whedier as 

 owner, ageni. or on consignnicnl. ami Ihal sells. Iratles or 

 oilers 10 sell or traJe siicli animals lo ilie general ptihiie al 

 relail or wholesale. 



(1.1) "Primary erulosiire" means an\ sirueliire used lo immediaicly resirici 

 an animal or animals lo a limileti anioiini ol spaee. such as a room. pen. cage 

 eompanmeni or hguh. 



(14) "Puhlie aueiion" means any place or location where dogs or 

 cats aie sold at auction to the highest hitldei reganlless ol 

 whether such ilogs oi cats are offeiecl as individuals, as a 

 gioup. or liy weight. 



(I.S) "Reseaich lacilil\' means any place, lahoiatoix. or 

 institution at uhicli scientific tests, experimeiiis. or 

 investigations iin'ohnig the use ol lixing atiimals aic 

 cairied out. conducieil. or allemptetl 



(16) "Sanili/e" means to make pliysicall\ clean aiul to remove and destroy 

 10 a practical minimum, agents injurious t(i health. (l')77. 2nd Sess.. c. 1217. 

 s. 4: 1979. c. 734. s. I: 1987. c. 827. s. b\.) 



SI Air NOTK 



It has been suggesteil to the committee that Ihe term "animal control 

 olficer" should he useil. and not "dog warden." Tlu addition ol section (4)(a) 

 clarifies who is deemed an aninial control oTficer lor the purposes of the 

 Article, and is consistent with j,- 67 30. which provides lor the appointment of 

 animal control officers hy counties. A "dog warden." under (he provisions of 

 § 67-31. has the power of arrest. Counties may or may not choose to give 

 such powers to animal control officeis. 



The committee's review of whether the Animal Welfare Act should apply lo 

 city and county shelters was specifically aulhoiized hy the charge from the 

 legislature, and such a revision has been recommendeii to the committee. 

 "Animal shelter" is defined in paragraph .S so as to include local government 

 facilities under the Acl. The provision would also insure Ihal facilities under 

 contract to local governments would come under Ihe provisions of Ihe Act. 

 Facilities under contract by municipalities and operated b> private citizens 

 [who are not within the definition of a non-profit organization), are not 

 covered hy the current Act. 



As proposed lo the committee, the term "ilealer" is more clearly defined in 

 paragraph (7) .so that anyone who is selling animals on a commercial basis, 

 e.g.. "puppy mill operators." would be covered under the Acl. 



58 



