Puppy Mill Laws in North Dakota: What the State (and Federal Law) Actually Say
July 31, 2026
North Dakota is one of a handful of states that has never passed a dedicated commercial breeder or puppy mill law. If you are trying to understand what legal protections exist for dogs bred in large-scale operations here, the answer requires looking at both state animal cruelty statutes and federal oversight — because those two layers are essentially all that stands between an abusive breeding operation and no accountability at all.
Whether you are a prospective puppy buyer, a concerned neighbor, or someone researching the regulatory landscape, this guide walks you through exactly what the law says, what it does not say, and what you can do when you suspect a problem.
What Is Considered a Puppy Mill in North Dakota
The term “puppy mill” does not appear anywhere in the North Dakota Century Code. There is no statutory definition that draws a line between a responsible breeder and an exploitative commercial operation. In practice, advocates and law enforcement rely on a general understanding of what the term means rather than a legal one.
Puppy mill operators maximize their profits by producing large numbers of puppies as quickly as possible — and as a result, unsanitary conditions, disease, and neglect are common. At the federal level, the term “puppy mill” refers to a breeding environment in which puppies, bred primarily in pursuit of profit, are cared for only minimally.
These minimum standards may actually meet federal or state regulations, because some standards allow for cost-saving practices such as cage-stacking and are silent on other practices, such as how many times a breeding female may be bred in a given time period. That legal gray area is especially wide in North Dakota, where no state-specific breeding thresholds exist.
For practical purposes, warning signs of a puppy mill in North Dakota include dogs kept in overcrowded or unsanitary conditions, breeding females with no recovery time between litters, puppies sold without veterinary records, and operations where buyers are never permitted to visit the facility in person. You can compare how other states define these operations in our overview of puppy mill laws in North Carolina.
Federal Law and How It Applies in North Dakota
Under federal law, the Animal Welfare Act (AWA) is the only law that governs the humane treatment of animals bred for purposes of sale. It is administered by the USDA’s Animal and Plant Health Inspection Service, commonly known as APHIS, and it applies in North Dakota just as it does in every other state.
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. Small breeders with four or fewer breeding females are exempt, as are those who sell only face-to-face directly to the public.
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.
However, the AWA has well-documented limitations. The Animal Welfare Act does set minimum welfare standards for dogs in puppy mills, but these standards are extremely inadequate, and there is a massive regulatory loophole which exempts from federal oversight any commercial dog breeders who sell directly to the public, including over the Internet.
Key Insight: If a North Dakota breeder sells puppies exclusively through in-person transactions and keeps four or fewer breeding females, neither state nor federal licensing law applies to them. This is a significant gap in consumer and animal protection.
Since 2023, all USDA animal welfare licenses are valid for three years and must be renewed before expiration, with a flat processing fee of $120. You can verify whether a North Dakota breeder holds a current USDA license through the USDA Animal Care Public Search Tool maintained by the National Agricultural Library.
Does North Dakota Have Puppy Mill Laws
North Dakota does not have a puppy mill law. It also has no commercial breeder licensing statute, no statewide kennel inspection program, and no threshold — based on litter count, number of dogs, or sales volume — that triggers any state-level oversight of breeding operations.
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 number of breeding females, litters per year, or sales volume that would trigger state licensing requirements.
Some states have no discussion of breeding regulations in their statutes at all — and North Dakota is among them, alongside states like Montana, Wyoming, and Mississippi. While the state previously considered breeder-specific laws, none have passed, so breeders mainly follow federal requirements and any applicable local city or county rules.
What North Dakota does have are general animal cruelty statutes. The laws relating to the humane treatment of animals can be found in NDCC 36-21.1 and 36-21.2. These statutes can apply to breeding operations when conditions rise to the level of abuse or neglect, but they were not designed to regulate commercial breeding as a category and do not impose proactive licensing or inspection requirements.
For a look at how a neighboring region handles this differently, see our article on puppy mill laws in Wisconsin, a state with a more structured commercial breeder framework.
Commercial Breeder Licensing and Inspection Requirements in North Dakota
Because no state licensing law exists, there is no state agency in North Dakota that routinely inspects dog breeding facilities, issues breeder licenses, or collects annual fees from breeders. The regulatory picture is a combination of federal rules for larger operations and local ordinances for everyone else.
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.
At the local level, some cities do impose kennel permit requirements. Fargo, for example, charges $30 annually for commercial kennels that house five or more animals. Other cities may have different fees and regulations, so it is important to contact your local city or county office to find out the specific costs and rules for your area.
| Oversight Level | Applies To | Requirement | Inspections |
|---|---|---|---|
| Federal (USDA APHIS) | Breeders with 4+ breeding females who sell sight-unseen | USDA license required | Unannounced, at least annually |
| State (North Dakota) | All breeders | No state license required | No routine state inspections |
| Local (city/county) | Varies by municipality | Kennel permit may be required | Varies by locality |
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.
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.
If you are researching how kennels are zoned in your county, our guide to kennel zoning laws in North Dakota covers local land-use considerations in more detail.
Pet Store Sale Restrictions in North Dakota
North Dakota has no law restricting pet stores from sourcing puppies from commercial breeders or puppy mills. There is no statewide retail sale ban, no requirement that pet stores disclose the origin of the animals they sell, and no ordinance at the state level mandating that stores work only with shelters or rescue organizations.
States that have prohibited the retail sale of puppies and kittens in pet stores include California (2017), Maryland (2018), Maine (2019), Washington (2021), Illinois (2021), New York (2022), Oregon (2023), and Vermont (2024). North Dakota is not among them.
While many pet stores only purchase puppies from USDA-licensed breeders, the increasing market for puppies sold over the Internet allows some unscrupulous breeders to operate under the radar. The continued prevalence of puppy mills in the United States appears to result from a mixture of minimal federal standards, lax oversight, and backyard breeders able to sell directly over the Internet without being subject to any regulation whatsoever.
If you are buying a puppy from a North Dakota pet store, you have the right to ask for the breeder’s USDA license number and inspection history. All USDA inspection reports are public record, and you can look them up through the APHIS website before completing a purchase. For comparison, see how retail restrictions work in our article on puppy mill laws in California, one of the first states to pass a statewide retail ban.
Pro Tip: When buying a puppy in North Dakota, always ask to visit the facility where the dog was bred. A breeder who refuses in-person visits or cannot provide veterinary records is a significant red flag — and a face-to-face visit also keeps the transaction outside USDA licensing requirements, which means you have even less regulatory assurance about the conditions the puppy came from.
How to Report a Suspected Puppy Mill in North Dakota
Reporting a suspected puppy mill in North Dakota involves reaching out to the right agency depending on the nature and severity of what you have observed. Because the state has no dedicated commercial breeding regulator, reports typically go through local law enforcement, the state Board of Animal Health, or federal authorities.
The legal authority to investigate allegations of inhumane treatment belongs to local law enforcement agencies. The Board of Animal Health acts in an advisory capacity upon request and is also responsible for approving veterinarians to investigate cases prior to animals being seized.
Here is how to file a report effectively:
- Contact local law enforcement first. If you are concerned that animals are being neglected or abused, report that information to the local law enforcement agency that has jurisdiction over the area where the animals are located.
- Be specific about what you observed. Provide a complete address or detailed directions to the location of the animals, the owner’s first and last name if possible, as many details as possible regarding the number, type, and physical description of the animals, and a description of the specific concern and when it was first noted.
- Report to the USDA if federal licensing may be involved. If the operation appears to sell dogs online or to pet stores, it may fall under USDA jurisdiction. You can file a complaint directly with USDA APHIS Animal Care.
- Contact the Humane Society. The HSUS will pay a $2,500 reward for information leading to the arrest and conviction of an animal abuser. To report a puppy mill specifically, call 877-MILL-TIP.
- You may remain anonymous. If you are reporting a suspected animal abuse or neglect case, you are not required to provide your name or other personal information — however, your failure to supply requested information may impede or preclude the investigation of your tip by law enforcement agencies.
If you are reporting a crime or event that is being committed now, or it is time sensitive, call your local law enforcement immediately. You can also reach the North Dakota Department of Agriculture’s Animal Health Division through the official NDDA website.
For related reporting situations in the state, our guide on neighbors’ cat in my yard laws in North Dakota covers how local animal control handles other types of animal complaints.
Penalties for Puppy Mill Violations in North Dakota
Because North Dakota has no puppy mill statute, there are no penalties specifically tied to commercial breeding violations. Enforcement against abusive breeding operations relies entirely on the state’s general animal cruelty and abuse laws under NDCC Chapter 36-21.2, combined with whatever federal penalties USDA APHIS can impose on licensed facilities.
Under North Dakota’s animal cruelty framework, penalties break down as follows:
- Animal abuse (first or second offense): Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or second offense.
- Animal abuse (third offense): A third offense rises to a class C felony.
- Animal cruelty: Any person that intentionally engages in animal cruelty is guilty of a class C felony.
- Class A misdemeanor maximum: The class A misdemeanor maximum penalty is 360 days imprisonment and/or a $3,000 fine.
- General violations of animal welfare rules: Any person knowingly and willfully violating any rule adopted by the board or violating any provision of the chapter for which a specific penalty is not provided is guilty of a class A misdemeanor.
One meaningful enhancement does exist for operations involving multiple animals. Under NDCC § 36-21.2-15, if a violation involves multiple animals — whether of the same species or not — the offense level can be enhanced. This provision is especially relevant to puppy mill situations where dozens of dogs may be kept in poor conditions.
On the federal side, violations of the Animal Welfare Act may result in warnings, deadlines to fix issues, or enforcement action. Infrequent investigations and inadequate enforcement by USDA APHIS have allowed many commercial breeders to continue operating despite falling below even the minimum federal standards. While APHIS is authorized to carry out various enforcement actions, including revoking USDA licenses, the USDA’s own Inspector General found that APHIS was assessing only minimal penalties against offenders.
The takeaway is that penalties exist in North Dakota for severe animal cruelty, but the absence of a commercial breeder law means there is no proactive enforcement mechanism — no license to revoke, no annual inspection to fail, and no civil fine for operating a large-scale breeding facility in poor conditions that falls short of the criminal abuse threshold.
To see how states with more developed frameworks handle enforcement, compare our articles on puppy mill laws in Illinois and puppy mill laws in Florida. For other animal law topics specific to North Dakota, you may also find our guides on leash laws in North Dakota and pit bull laws in North Dakota useful.
Important Note: This article is for general informational purposes only and does not constitute legal advice. Animal welfare laws change, and enforcement practices vary by jurisdiction. If you are involved in a specific legal situation, consult a licensed North Dakota attorney or contact the North Dakota Department of Agriculture’s Animal Health Division directly.