If you breed dogs in North Dakota, you may be surprised to find that the state takes a hands-off approach compared to much of the rest of the country. There is no statewide dog breeder licensing law, no state-set threshold based on litter counts, and no routine state inspection program for breeding facilities.
That does not mean you can operate without any oversight. Federal regulations, general state animal welfare statutes, and a patchwork of local ordinances all shape what you are and are not allowed to do. Understanding where those rules come from — and when they apply to you — is the first step toward running a compliant breeding operation in North Dakota.
Important Note: This article provides general educational information about dog breeding laws in North Dakota and is not legal advice. Laws can change, and local ordinances vary widely. Always verify requirements with your local municipality, the North Dakota Board of Animal Health, and USDA APHIS before making business decisions.
Who Is Considered a Commercial Dog Breeder in North Dakota
North Dakota does not require dog breeders to obtain a state-specific license regardless of the size of their operation. Unlike many states that have enacted commercial breeder laws, North Dakota has not established a threshold based on the number of breeding females, litters per year, or sales volume. That means the state has no formal statutory definition of a “commercial dog breeder” that triggers licensing or registration at the state level.
In practice, the distinction between a hobby breeder and a commercial breeder matters most when it comes to federal oversight. Someone who breeds a litter or two of dogs each year as a hobby is usually referred to as a “hobby breeder,” and commercial breeder laws typically do not apply to them. Once your operation grows beyond that informal threshold — particularly if you sell dogs without meeting buyers in person — federal rules enter the picture.
Running a commercial dog kennel in North Dakota involves navigating a mix of federal and local rules, largely because the state does not have its own specific laws governing commercial kennels or breeding operations. Instead, oversight often comes from federal requirements, such as USDA licensing for certain larger breeders, and from local ordinances, which can vary from one community to another. You should also check with your local zoning authority to understand any property-level restrictions that apply to kennels in your area.
North Dakota is among the states that require no license to breed dogs at the state level, though breeders may need USDA oversight and still need to meet local humane care standards or animal cruelty and neglect laws.
Do You Need a License to Breed Dogs in North Dakota
Breeders must comply with general animal welfare and cruelty prevention laws under the North Dakota Century Code, but there is no state-issued breeder license or registration. This places North Dakota in a relatively small group of states with minimal commercial breeder regulation at the state level.
Whether you need any license at all depends on two factors: how you sell your dogs and how many breeding females you maintain. Under the federal Animal Welfare Act administered by USDA APHIS, breeders who maintain more than four breeding females and sell dogs sight-unseen — such as online sales, sales to brokers, or wholesale to pet stores — must obtain a USDA license.
Small hobby breeders who sell directly to buyers in person and maintain four or fewer breeding females are generally exempt from both state and federal licensing requirements. If you fall into that category in North Dakota, you are operating in a largely unregulated space at the state level, though you still must comply with anti-cruelty statutes.
Local permits are a separate matter entirely. Dog breeders in North Dakota should check with their local city or county government to determine if any local business licenses, kennel permits, or zoning approvals are required for their operation. Some municipalities may have ordinances that regulate the number of dogs that can be kept on a property or require special permits for kennels or breeding operations. For example, in Fargo, commercial kennels with five or more animals pay an annual fee of around $30, but each city sets its own rules and pricing, so fees and requirements can vary depending on where you live.
Pro Tip: Even if you sell only face-to-face and stay under four breeding females, your city or county may still require a kennel permit or a general business license. Contact your local planning or zoning office before you start breeding.
How to Get a Dog Breeder License in North Dakota
Because North Dakota does not have a state dog breeder licensing program, there is no state application process for breeders. If you do not meet the federal threshold, you simply need to comply with local ordinances and state animal welfare laws — no application, no registration fee, and no state-issued certificate.
If your operation does trigger federal licensing, the process runs through USDA APHIS. Here is what that process looks like:
- Confirm you need a USDA license. The USDA requires a federal license under the Animal Welfare Act for anyone who maintains more than four breeding females and sells dogs sight-unseen — online, by phone, or by mail. This regulation is enforced by APHIS.
- Prepare your facility documentation. The application requires business entity information such as tax identification numbers and proof of legal status, detailed diagrams of your facility showing the dimensions and locations of all animal housing, and a description of your record-keeping system.
- Secure a Program of Veterinary Care. You also need a completed Program of Veterinary Care on APHIS Form 7002, signed by an attending veterinarian who agrees to provide ongoing medical oversight for your animals. That veterinarian must commit to visiting your facility at least once every 12 months and performing a complete physical examination on every dog annually.
- Submit your application and fee. Since 2023, all USDA animal welfare licenses are valid for three years and must be renewed before expiration. USDA animal welfare licenses now use a simplified flat fee structure with a flat processing fee of $120.
- Pass a pre-licensing inspection. An APHIS inspector will visit your facility to verify it meets all Animal Welfare Act standards. You must pass before your license is granted. Once approved, you will receive your USDA license.
You can apply through USDA APHIS directly at aphis.usda.gov. If you have questions about whether your operation requires federal licensing, the USDA National Agricultural Library’s Animal Welfare Act page provides detailed guidance on who must be licensed.
Facility, Care, and Housing Standards for Breeders in North Dakota
Because North Dakota has no state-level breeder licensing program, there are no state-specific facility or housing standards that apply exclusively to dog breeders. Your baseline obligations come from two sources: the state’s general animal welfare statutes and, if you hold a USDA license, the federal Animal Welfare Act regulations.
The current animal welfare laws and regulations in North Dakota can be found in Chapter 36 of the North Dakota Century Code. These laws cover topics such as proper care and treatment of animals and penalties for animal cruelty. Some specific provisions include mandatory shelter requirements for outdoor animals, restrictions on the chaining or tethering of dogs, and mandatory reporting of suspected animal abuse or neglect.
For USDA-licensed breeders, the federal standards are considerably more detailed. While state laws vary, federal requirements generally require a person who meets the definition of a commercial breeder to have their breeding facilities inspected and maintain certain minimum standards of care. These standards of care usually address adequate food and water, regular exercise, veterinary care, natural or artificial light during daylight hours, adequate space in living quarters, protection from the elements and extreme temperatures, and even adequate resting time between breeding cycles.
The table below summarizes the key care and housing obligations that apply to breeders in North Dakota depending on their situation:
| Requirement | Hobby Breeder (No USDA License) | USDA-Licensed Breeder |
|---|---|---|
| Adequate food and water | Required under ND Century Code | Required under AWA regulations |
| Shelter from elements | Required under ND Century Code | Required under AWA regulations |
| Veterinary care program | Not mandated by state | Mandatory; attending vet required |
| Exercise requirements | Not mandated by state | Required under AWA regulations |
| Housing space standards | Not specified by state | Specific sq. ft. minimums apply |
| Sanitation standards | General cruelty law baseline | Detailed AWA sanitation rules |
| Routine facility inspections | No routine state inspections | At least once per year by APHIS |
If you operate a kennel alongside your breeding program, North Dakota’s kennel zoning rules may also affect how your property is classified and what structures you can build. Staying current on pet vaccination requirements in North Dakota is also part of responsible facility management, particularly for rabies compliance.
Inspections and Recordkeeping Requirements in North Dakota
North Dakota does not conduct state-level inspections specifically for dog breeding facilities because there is no state breeder licensing program. The North Dakota Board of Animal Health has general authority to investigate animal cruelty and welfare complaints under the state’s animal cruelty laws, but routine breeder inspections are not part of the state regulatory framework.
If a complaint is filed regarding animal neglect or cruelty, state or local animal control officers may investigate under general animal welfare statutes. This means inspections in North Dakota are reactive rather than routine — they happen when someone files a complaint, not on a scheduled basis.
The picture changes significantly if you hold a USDA license. Breeders who hold a USDA license are subject to unannounced inspections by USDA APHIS inspectors, who examine facilities for compliance with the Animal Welfare Act standards regarding housing, sanitation, veterinary care, and record-keeping. USDA inspectors typically conduct at least one inspection per year, and facilities found in violation may face warnings, fines, or license suspension or revocation.
On the recordkeeping side, the rules also split along the same line. North Dakota does not impose specific state-level record-keeping requirements for dog breeders because there is no state licensing law. However, responsible breeders are encouraged to maintain health records, vaccination records, and sales records for their own business purposes and to demonstrate humane care practices.
For USDA-licensed operations, recordkeeping is mandatory and detailed. USDA-licensed breeders must keep detailed records for every dog they buy, sell, or transport. Records must be kept for at least one year after you no longer have the animal and must be available for inspectors during business hours. If a breeder is licensed under the federal Animal Welfare Act, they must maintain detailed records as required by USDA regulations, including acquisition and disposition records for all dogs, veterinary care records, and documentation of breeding females.
Pro Tip: Even if you are not required to keep records under state law, maintaining thorough documentation of veterinary visits, litter dates, buyer information, and vaccination histories protects you legally and builds buyer trust.
Federal Breeder Requirements That Apply in North Dakota
Because North Dakota has no state breeder licensing framework, federal law fills much of the regulatory gap for larger or online-selling operations. The primary federal law you need to understand is the Animal Welfare Act (AWA).
The United States signed the Animal Welfare Act into law on August 24, 1966. This federal law regulates the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. USDA APHIS Animal Care enforces the Act. The requirements of the Animal Welfare Act are set forth in Title 9 Code of Federal Regulations, Chapter 1, Subchapter A — Animal Welfare, Parts 1, 2, and 3 (2025).
The key trigger for federal licensing is straightforward. Under the federal Animal Welfare Act, breeders who maintain more than four breeding females and sell puppies through retail channels such as pet stores, or through sight-unseen transactions including online sales and shipping, must obtain a USDA Class A Breeder license. Breeders who sell puppies only in face-to-face transactions directly to buyers do not need federal licensing.
“Sight-unseen” means the buyer does not physically see the dog in person before the sale is completed. Under the USDA rule, the seller, the buyer, and the animal must all be physically present in the same location so the buyer can personally observe the dog before purchasing it. If you sell puppies through a website, ship them to buyers, or work through brokers, you almost certainly meet this definition.
Not all dog breeders are required to have a license or registration under the Animal Welfare Act. If you are unsure whether your operation qualifies for an exemption, the USDA National Agricultural Library publishes a Questions and Answers document specifically addressing activities with dogs that require a USDA license. You can also review the USDA licensing overview at Dog Breeder Licensing Center for a plain-language breakdown of the thresholds.
If you import dogs from another state or country, additional federal and state health requirements apply. Review North Dakota’s pet import laws to understand what documentation and health certificates are required before bringing dogs across state lines.
Penalties for Violating Dog Breeding Laws in North Dakota
Because North Dakota does not have a dog breeder licensing law, there are no specific penalties for breeding dogs without a state license. However, breeders who engage in animal cruelty, neglect, or abuse can be prosecuted under North Dakota’s general animal cruelty statutes found in the North Dakota Century Code.
The penalties under those statutes are serious. Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or a second offense and a class C felony for a third or subsequent offense occurring within ten years. Any person that intentionally engages in animal cruelty is guilty of a class C felony. Animal cruelty violations can result in criminal charges ranging from Class B misdemeanors to Class C felonies depending on the severity, with penalties including fines up to several thousand dollars and potential jail time.
For breeders operating under a USDA license, the federal penalties are separate and can be substantial. Operating without a required federal license, or violating any provision of the Animal Welfare Act or its regulations, can trigger a civil penalty of up to $10,000 for each violation. Each day a violation continues counts as a separate offense, so costs accumulate fast.
The Secretary of Agriculture also has authority to issue cease-and-desist orders, and knowingly ignoring one of those orders adds another $1,500 per day on top of whatever other penalties are assessed. Criminal prosecution is on the table for knowing violations. A conviction carries up to one year in jail and a fine of up to $2,500.
Beyond the direct penalties, APHIS can suspend or permanently revoke a license, effectively ending a breeder’s ability to operate legally. All enforcement actions and inspection reports are public record, which can also affect your reputation as a breeder.
At the local level, failing to comply with municipal kennel permits or ordinances carries its own consequences. Non-compliance can result in fines and administrative actions, highlighting the importance of adhering to local ordinances. If you breed specific breeds that face additional municipal restrictions, it is worth reviewing pit bull laws in North Dakota, German shepherd laws, and Rottweiler laws to understand any breed-specific ordinances that may affect your operation.
The bottom line is that while North Dakota gives breeders more flexibility than most states, the absence of a state license does not mean the absence of legal risk. Cruelty violations carry felony-level consequences, and federal penalties for unlicensed commercial activity can reach into the tens of thousands of dollars per day. Operating responsibly — with proper veterinary care, clean facilities, and honest sales practices — is both an ethical obligation and your best protection against enforcement action. For a broader look at how North Dakota compares to neighboring states, see our guide to dog breeding laws in North Carolina.