Virginia Dog Breeder Licensing Requirements

Under Virginia law, no commercial dog breeder may breed dogs in the Commonwealth without a valid business license issued by the locality where the breeder keeps dogs for commercial breeding. This requirement comes from the state cruelty statutes (originally added as § 3.1-796.77:1 by Acts 2008, c. 852, effective January 1, 2009, and renumbered as § 3.2-6507.1). A commercial dog breeder is anyone who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of selling their offspring (§ 3.2-6500). Commercial breeders may keep no more than 50 dogs over one year old for breeding unless a local ordinance adopted after a public hearing allows more (§ 3.2-6507.2). Breeders of dogs regulated under federal law as research animals are excluded from the general definition of commercial dog breeder, but they are covered by § 3.2-6511.2, which bars selling dogs bred by persons with certain USDA citations. Breeders should check with their local city or county because kennel permits, zoning rules, and business license requirements can vary by locality.

To breed dogs commercially in Virginia, you must get a business license from the local government (city or county) where you keep your dogs. Contact your local government's business licensing office, and also check with the local animal control or zoning office, because some localities require kennel permits or conditional use permits in addition to the business license. The Virginia Department of Agriculture and Consumer Services provides state-level oversight of companion animal care standards, so breeders should also review the requirements under the Comprehensive Animal Care laws in Title 3.2 of the Code of Virginia. There is no statewide application form or fee for the commercial breeder business license, since it is handled locally. If you breed on a larger scale or sell dogs sight-unseen, you may also need a federal USDA license under the Animal Welfare Act.

The business license fee is set by the local government, so it varies from one city or county to another. As an example of local fees, some Virginia localities charge kennel license fees separately from single-dog licenses. If you also need a federal USDA license, it costs $120 for three years. Breeders should budget for possible separate costs such as local kennel permits, zoning permits, and the federal license fee if it applies to their operation.

Virginia's Comprehensive Animal Care laws (Title 3.2, Chapter 65 of the Code of Virginia) set standards for the care of animals, including veterinary care and record-keeping, which breeders must meet. State law sets no fixed inspection schedule, but the Commissioner of Agriculture, the State Veterinarian, any animal control officer, or a local public health or safety official may, on a complaint or on their own initiative, inspect a commercial breeder's records, dogs, and premises during daytime hours, and the breeder must assist (Va. Code § 3.2-6507.3). Breeders regulated under the federal Animal Welfare Act are subject to USDA inspections. If a facility violates the rules, enforcement can include penalties and license actions; and USDA can pursue enforcement, including civil penalties and license suspension or revocation, against licensees who violate the Animal Welfare Act.

Virginia law sets standards for record-keeping for commercial dog breeders under the state's animal welfare and cruelty statutes. Pet dealers must also provide buyers with an animal history certificate; under § 3.2-6512, it is a violation of the Virginia Consumer Protection Act for a pet dealer to sell a dog or cat while claiming it is registered or can be registered without providing a pet dealer's animal history certificate at the time the buyer takes possession. Commercial dog breeders must keep accurate records for at least five years, including the date each dog entered the operation, who it came from (name, address, and phone), a description (species, color, breed, sex, and approximate age and weight), any tattoo or microchip number, each litter's birth date and number of puppies, all medical care and vaccinations, and the date and manner of each dog's disposition (Va. Code § 3.2-6507.2). Breeders should keep complete records of their animals, veterinary care, and sales to show compliance.

A commercial dog breeder who breeds without a valid local business license, or violates any other commercial breeding rule (such as the 50-dog limit or the breeding-age and veterinary certification rules), is guilty of a Class 1 misdemeanor (Va. Code § 3.2-6507.5), punishable by up to 12 months in jail, a fine of up to $2,500, or both. It is also unlawful for any dealer or commercial dog breeder who is not licensed or exempted from USDA licensure under the federal Animal Welfare Act to sell any dog to a pet shop. Violations of the state's animal welfare and consumer protection laws can lead to penalties, and selling without the required animal history certificate is treated as a violation of the Virginia Consumer Protection Act. Federal enforcement under the Animal Welfare Act can include civil penalties and revocation of a USDA license, as has happened to at least one Virginia facility.