Section 0080-02-15-.03 - LICENSE APPLICATION AND FEES(1) All persons to whom these rules apply shall obtain a license in accordance with this chapter prior to conducting any activity for which a license is required.(2) A dog and cat dealer license is not required for:(a) Import, export, or transport of dogs or cats for non-commercial purposes;(b) Governmental agencies;(c) Non-profit organizations with proof of current 501(c)3 status;(d) Breeder sales of dogs or cats;(e) Adoption of a dog or cat where only administrative and veterinary care fees are charged for adoption of the animal; or,(f) Any person buying dogs or cats as an end consumer (i.e. to hold for more than 60 days).(3) Application for any license under this chapter shall be made on forms provided by the department, which shall be completed in full and may include: (a) Name of the applicant;(b) Date of birth of any applicant who is an individual or a partner in a general partnership;(c) Proof of one of the following for any applicant who is not an individual or a partner in a general partnership: 1. Applicant's registration in its state of incorporation; or,2. Applicant's business license issued by a local governmental authority;(d) Contact information for applicant, to include name of person legally responsible for applicant's operations, telephone number, email address, and address of the principal place of business;(e) Address of any location to be licensed for holding of dogs or cats for commercial or research purposes;(f) Vehicle identification number of any vehicle to be registered for transport of dogs or cats for commercial or research purposes; and,(g) Other information as required by the department.(4) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.(5) Applicants for licensure shall include with their application payment of an annual license fee as required under the Act for the following categories of dog and cat dealer licenses.(a) Research Seller. A research seller license is required per person per location where the person holds any dog or cat for sale to a research facility within the state.(b) Wholesaler. A wholesaler license is required per person per location where a non-breeder holds dogs or cats and sells 25 or more of the animals to incorporated entities, within 60 days of acquiring the animals and in the same calendar year. For enforcement of the Act and this chapter, sales between non-breeders and incorporated entities are deemed wholesale transactions.(c) Retailer. A retailer license is required per person per location where a non-breeder holds dogs or cats and sells 25 or more of the animals to individuals, within 60 days of acquiring the animals and in the same calendar year. For enforcement of the Act and this chapter, sales between non-breeders and individuals are deemed retail transactions. The fee for a retailer license is based on the number of dogs or cats sold by the retailer during the previous calendar year (January 1 - December 31). For any applicant who was not licensed in the previous calendar year, the license fee shall be determined based on sales of up to 50 animals.(d) Transporter. A transporter license is required for any person who transports or boards a dog or cat in commerce for a research facility within the state; or for any non-breeder who sells or offers for sale a dog or cat at a flea market.(e) Research Facility Registration. A research facility registration is required for any research facility in the state that purchases, boards, or transports dogs or cats for research. There is no fee for research facility registration.(6) Prior to approval of any application under this rule, an applicant must undergo departmental inspection and demonstrate compliance with current standards set forth under 9 C.F.R. Part 3, Subpart A - Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats.(7) A person shall be ineligible for a dog and cat dealer license if the person or any person in his employ has been convicted of an animal cruelty offense under any state or federal jurisdiction.(8) Applicants for licensure shall submit the appropriate license fee and annual report to the department on or before July 1 of each year. Any person who fails to comply shall be required to undergo initial inspection and to pay initial license fees under the Act prior to reissuance of the applicant's dog and cat dealer license. All dog and cat dealer licenses shall expire on June 30 following their issuance.(9) The department may deny any application for licensure that is not completed in accordance with this rule.Tenn. Comp. R. & Regs. 0080-02-15-.03
Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective 9/8/2019Authority: T.C.A. §§ 4-3-203 and 44-17-118.