Selling dogs in California is legal, but the state layers several rules on top of the sale: breeders have to give buyers a written disclosure package, no puppy can be transferred before eight weeks of age, anyone selling as an ongoing business needs a seller’s permit and usually a local kennel permit, and larger or online operations often need a federal USDA license as well. Two new laws taking effect in 2026 add restrictions on online brokers and out-of-state imports.
Puppies Must Be at Least Eight Weeks Old
Health and Safety Code Section 122125 prohibits selling, giving away, or otherwise transferring a puppy younger than eight weeks unless the puppy is with its mother. Early separation is linked to lasting behavioral and health problems, and animal control officers investigate complaints about underage sales. Keep veterinary records or other documentation on hand to verify age if a buyer or inspector asks.
Written Disclosures Every Breeder Must Provide
California has two overlapping disclosure laws. The Lockyer-Polanco-Farr Pet Protection Act governs pet dealers; the Polanco-Lockyer Pet Breeder Warranty Act covers individual breeders. Both require written information at the time of sale, at minimum:
- The breeder’s name and address.
- A medical history covering vaccinations, worming, veterinary visits, and any medications the dog has received.
- Any known diseases, illnesses, or congenital conditions affecting the dog.
If you market a dog as purebred, registration papers or breed documentation must accompany the sale. If the dog is microchipped, you must give the buyer the microchip number and instructions for transferring registry ownership.1California Legislative Information. California Health and Safety Code 122050
Skipping the disclosures is not just a paperwork problem. The obligation is tied directly to the buyer’s remedies under the puppy lemon law, so a missing disclosure is what turns a sick-puppy dispute into a losing case for the seller.
What Buyers Can Come Back For: The Puppy Lemon Law
The Polanco-Lockyer Pet Breeder Warranty Act gives buyers two windows to demand a remedy, and any breeder should price and document sales with these in mind.
Window one: if a veterinarian certifies within 15 days of the buyer taking possession that the dog has an illness or disease that existed at or before the sale, the buyer can seek a remedy. If the dog dies within those 15 days, the law presumes the illness existed at sale, and the breeder has to rebut that presumption.
Window two: if within one year a veterinarian determines the dog has a congenital or hereditary condition that affects its health or will likely require hospitalization or surgery, the buyer can also pursue a remedy.
The buyer must notify the breeder within five days of the diagnosis. Remedies typically include a refund, a replacement dog, or reimbursement for veterinary costs, and the breeder can request a second exam by a veterinarian of their choosing before anything goes to small claims court.
Seller’s Permit, Sales Tax, and Local Kennel Permits
Anyone selling dogs as an ongoing business needs a seller’s permit from the California Department of Tax and Fee Administration. Revenue and Taxation Code Section 6066 requires every person “desiring to engage in or conduct business as a seller” of tangible personal property to apply for a permit at each place of business.2California Department of Tax and Fee Administration. Sales and Use Tax Law – Section 6066
Dog sales are subject to California’s statewide sales tax rate of 7.25%, and most areas add local district taxes that push the effective rate higher.3California Department of Tax and Fee Administration. California City and County Sales and Use Tax Rate Information
On top of the state permit, most cities and counties require a general business license, and many require a kennel permit once you keep more than a threshold number of dogs. Los Angeles defines a “dog kennel” as any premises with four or more dogs and charges $305 for the permit.4LA Animal Services. Permits Other jurisdictions set the threshold at three, at four or more, or tie the requirement to breeding activity rather than headcount. Confirm with your local animal services department before you sell.
Federal USDA Licensing for Larger and Online Sellers
The federal Animal Welfare Act requires a USDA dealer’s license for breeders with more than four breeding females, unless every sale happens face-to-face with the buyer personally observing the animal before purchase. Selling puppies online and shipping them to buyers takes you outside the face-to-face exemption, so an online seller likely needs a USDA license regardless of how few breeding females are on the premises.5GovInfo. 78 FR 57227 – Animal Welfare; Retail Pet Stores and Licensing Exemptions
Licensed dealers must keep veterinary care records for every dog, including vaccination histories covering rabies, parvovirus, and distemper, parasite treatment logs, and documentation of any illness or injury with the treatment provided.6eCFR. 9 CFR 3.13 – Veterinary Care for Dogs
Shipping dogs adds temperature rules: during transport, dogs cannot be exposed to temperatures above 85°F or below 45°F for more than four hours in a vehicle, and during loading and unloading the exposure limit at those thresholds is 45 minutes.7eCFR. Subpart A – Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats
What Changes in 2026: Online Brokers and Out-of-State Imports
Two new laws close common workarounds.
AB 519 prohibits both in-person and online pet brokers from selling dogs, cats, or rabbits under one year old. A “broker” under the law is any person or business that sells, processes, or transports a pet bred by someone else for profit. If you have been listing puppies bred by others on a website, this ends that arrangement for animals under a year.
SB 312 targets imports. Anyone bringing a dog into California must send health certificates to the buyer and to the California Department of Food and Agriculture at least 10 days before the dog enters the state.8California State Senate. California Cracks Down on the Puppy Mill Pipeline With New Laws
You Cannot Sell Through Pet Stores
Since January 1, 2019, California pet stores can only sell dogs sourced from public shelters, humane societies, or rescue groups operating under a cooperative agreement with a shelter. Health and Safety Code Section 122354.5 effectively bars stores from carrying puppies from commercial breeders, so the retail channel is not available to breeders looking to place their litters.9California Legislative Information. AB-485 Pet Store Operators: Dogs, Cats, and Rabbits
One-Off Private Sales
Rehoming a single pet or selling a dog on a one-time basis generally does not trigger the seller’s permit requirement, which targets ongoing business activity.10California Department of Tax and Fee Administration. Obtaining a Sellers Permit
Private sellers still cannot misrepresent a dog’s breed, health, or temperament. Doing so can expose you to liability under California’s Unfair Competition Law, which reaches any fraudulent business act or practice.11California Legislative Information. California Code BPC 17200 – Unfair Competition The eight-week minimum age applies to private transfers too. Sharing vaccination and veterinary records is the practical way to head off small claims disputes, even when the formal disclosure statutes don’t apply.
Penalties for Getting It Wrong
State penalties scale with the conduct. Pet stores that sell commercially bred dogs face civil penalties, and repeated violations can lead to closure. Breeders operating without required permits or running operations that amount to puppy mills can face misdemeanor charges under Penal Code 597.1 for failure to provide adequate care, which can carry jail time, fines, and seizure of the dogs. Cases involving cruelty rather than neglect can be charged as felonies, and California courts have authority to bar convicted abusers from owning animals for a set period.
Federal exposure is separate and stacks on top. Operating without a required USDA license can bring civil penalties of up to $10,000 per violation, and each day a violation continues counts as a separate offense.12USDA APHIS. Licensing and Registration Under the Animal Welfare Act A seller in serious violation can face state animal control and USDA inspectors at the same time.