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HB 4778

ANIMAL WELFARE-DOG DEALER

104th Regular Session Introduced by Barbara Hernandez and 1 co-sponsor

Illinois HB 4778 tightens welfare standards for dog breeders (enclosure size, exercise) and narrows who is regulated as a dog dealer, increasing IDA enforcement power.

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Bill Summary · HB 4778

Overview

HB 4778 (104th General Assembly, Illinois) amends the Animal Welfare Act to modify how dog dealers and dog breeders are regulated. The bill narrows the scope of who is considered a dog dealer (and redefines related terms), clarifies retail dog sales, and imposes specific housing and exercise requirements on dog breeders. It also strengthens license discipline provisions for the Illinois Department of Agriculture (IDA).

Main purpose and intent

  • Reclassify certain dog sellers and clarify licensing boundaries to distinguish between retail dog sales and dog dealers under the Act.
  • Improve welfare standards for dogs kept by breeders, including enclosure size, flooring, temp control, and guaranteed outdoor/indoor exercise.
  • Enhance regulatory enforcement by the IDA, including licensing actions for noncompliance and specific penalties for revocation and disqualification.

Key provisions and changes

  • Dog dealer definition

    • The definition of "dog dealer" is narrowed to exclude individuals who sell dogs at retail to the public or who only produce and raise dogs for sale.
    • As a result, retailers selling dogs to the public would not be regulated as "dog dealers" under this Act (though they may be regulated differently, per the text).

  • Retail-to-public sales

    • A person who sells dogs at retail to the public or who sells only dogs they have produced and raised shall not be considered a dog dealer under the Act.
    • A veterinary hospital/clinic remains excluded from the dog dealer definition.

  • Dog breeder requirements (Sec. 3.10)

    • Primary enclosure standards:
    • Each dog must have a primary enclosure with floor space equal to at least 2 times the dog’s length (tip of nose to base of tail) plus 9 inches, in square inches.
    • For additional dogs in the same enclosure, add floor space equal to the square of the dog’s length plus 9 inches per extra dog.
    • Floors must be solid or slatted with specific slat width and gaps; footing must protect feet and prevent escape.
    • If flooring is non-solid, there must be a solid resting area long enough for the full length of the dog.
    • Enclosures must be cleanable, safe for the breed/age, free of sharp edges, and not prone to sagging or bouncing.
    • Enclosures cannot be stacked, and indoor temperatures must generally be between 45°F and 85°F (with veterinarian-approved exceptions).
    • Exercise access:
    • All adult dogs must have constant, unfettered access to an exercise area large enough to support proper development, health, and socialization.
    • The exercise area must be at least twice the size of the primary enclosure.

  • Department of Agriculture enforcement (Sec. 10)

    • The IDA may refuse to issue or renew, or may suspend or revoke, licenses for: misstatements on applications, violations of the Act or rules, aiding violations, improper license use, felony/misconduct concerns impacting public trust, deceptive advertising, failure to meet qualifications, gross negligence or cruelty to animals, or operating without a proper license.
    • The Department can also require licensees to cease operation for up to 72 hours to correct deficiencies.
    • If a license is revoked after an administrative hearing, the licensee and associated individuals are barred from applying for a license under this Act for at least 3 years.
    • There is also a provision tying licensing to tax compliance with the Illinois Department of Revenue, allowing suspension until tax obligations are satisfied.

Who and what is affected

  • Dog breeders within Illinois who operate facilities housing dogs and who are licensed under the Animal Welfare Act.
  • Entities currently classified as dog dealers or those that would be reclassified due to the retail-vs-dealer distinction.
  • Retail dog sellers to the public (to the extent they are affected by the redefinition and licensing requirements).
  • The Illinois Department of Agriculture (enforcement and licensing authority).
  • Animal welfare standards affecting the housing, flooring, temperature, and exercise practices for breeding facilities.

Procedural and timeline aspects

  • Effective provisions lay out detailed enclosure and exercise requirements to be implemented for dog breeders (Sec. 3.10).
  • Licensing actions by IDA include suspension, revocation, and cease-and-desist-like cessation orders (up to 72 hours).
  • Post-revocation disqualification period: minimum 3 years before eligibility to obtain a license again.
  • Some sections reference existing statutory updates and prior amendments (eff. dates noted in the Act’s history), but the introduced text sets out new requirements to be administered going forward.

Potential impact and considerations

  • Stricter welfare standards for dog breeders, particularly minimum enclosure space and guaranteed exercise.
  • Narrower regulatory scope for dog dealers, potentially reducing licensing burden for some retailers who sell dogs at retail to the public.
  • Enhanced enforcement tools for the IDA, including stronger grounds for license discipline and longer future-ineligibility after revocation.
  • Stakeholders (breeders, retailers, animal welfare groups) may have varying views on the balance between regulatory oversight and operational flexibility.

Compiled from official sources — confirm details with the bill’s official record.

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