Manatee County Government Administrative Center Manatee ... · Puppy Collection, Inc. v. City of...
Transcript of Manatee County Government Administrative Center Manatee ... · Puppy Collection, Inc. v. City of...
August 14, 2018 - Work Session Agenda Item #2
Subject Pet Sales Ban Ordinances Briefings None Contact and/or Presenter Information Geoffrey K. Nichols Assistant County Attorney Extension 3741 Email: [email protected] Anne M. Morris Assistant County Attorney Extension 3751 Email: [email protected] Action Requested Report: The Office of the County Attorney will make a presentation to the Board of County Commissioners on Pet Sales Ban Ordinances in the State of Florida. Assistant County Attorneys Geoffrey K. Nichols and Anne M. Morris will make a PowerPoint Presentation and will provide supporting materials from other municipalities and counties. Paper copies of the PowerPoint presentation will be distributed at the work session. Enabling/Regulating Authority N/A Background Discussion
● Brief statement of the nature of the request: On March 20, 2018, the Board, by majority vote, instructed the Office of the County Attorney to provide a work session update on the subject of Pet Sales Ban Ordinances and related litigation in the State of Florida.
● Factual background: In Florida, 56 municipalities and 5 counties have adopted ordinances that ban the retail sale of pets. Sarasota County was one of those counties, and was subsequently sued.
● Relevant prior legal assistance: In 2015, the County Attorney's Office (former Assistant County Attorney Robert M. Eschenfelder) provided a similar presentation to the Board on Pet Retail Sales Ban Ordinances with an emphasis on the national scope.
Manatee County Government Administrative CenterManatee Room, Fourth Floor9:00 a.m. - August 14, 2018
County Attorney Review Other (Requires explanation in field below) Explanation of Other This is a County Attorney item. Reviewing Attorney Palmer Instructions to Board Records N/A. Cost and Funds Source Account Number and Name N/A. Amount and Frequency of Recurring Costs N/A.
Manatee County Government Administrative CenterManatee Room, Fourth Floor9:00 a.m. - August 14, 2018
Presented by: Assistant County Attorneys Geoffrey K. Nichols and Anne M. MorrisManatee County Board of County Commissioners, Work Session, August 14, 2018
• Manatee County has approximately 20 pet stores.• Of these 20 stores, one store (Petland) sells dogs and cats at a commercial storefront.• Some of the pet stores, like PetSmart, work with local animal rescues to temporarily display adoptable animals at their stores.
Manatee County
52 Florida Municipalities That Have Adopted OrdinancesAtlantic Beach AventuraBal Harbour Village Bay Harbor IslandsCasselberryCoconut Creek Coral GablesCutler Bay Dania Beach Deerfield Beach Delray Beach Fernandina Beach Flagler BeachFort Lauderdale GreenacresHallandale Beach Hollywood
Holmes Beach HomesteadHypoluxo Jacksonville Beach Juno Beach JupiterKey West Lake Worth LauderhillMargateMiami Beach MiramarNeptune Beach North Bay VillageNorth Lauderdale North Miami North Miami Beach
North Palm Beach Oakland Park Opa-LockaPalm Beach Palm Beach Gardens Palmetto BayPinecrestPompano Beach Safety Harbor Saint Petersburg South Miami Sunny Isles Beach SunriseSurfsideTamaracWellingtonWest Melbourne Wilton Manors
Six Florida Counties That Have Adopted OrdinancesDeSoto County Hillsborough CountyLake CountyPalm Beach County Sarasota County Seminole County
City of SunriseCity of Palm Beach GardensCity of Oakland ParkSarasota County
Florida Lawsuits Filed Challenging Retail Pet Sales Ban Ordinances
In April of 2014, the City of Sunrise adopted a Retail Pet Sales Ban Ordinance. On May 22, 2014, Maryeli’s Lovely Pets Inc. filed a 5-count complaint in federal court and challenged the City’s ordinance with the following claims:1. Violation of the Commerce Clause;2. Violation of the Equal Protection of Laws;3. Declaratory relief (Vagueness);4. Vested Right and Equitable Estoppel; and5. Temporary Injunction.
Maryeli’s Lovely Pets, Inc. v. City of Sunrise14-CA-61391
The federal court addressed the Commerce Clause and Equal Protection claims:• The City prevailed on its Motion for Summary Judgment with regards to Count I: Commerce Clause.• The City prevailed on its Motion for Summary Judgment with regards to Count II: Equal Protection.• The Court held that the remaining claims were distinctly issues of state law and should be decided in state court.• To date, Maryeli’s Lovely Pets has not pursued these claims in state court.
City of Sunrise
D&G Limited, LLC v. City of Palm Beach Gardens2014-CA-014997In July of 2014, the City of Palm Beach adopted a Retail Pet Sales Ban Ordinance. On December 15, 2014, D&G Limited, LLC filed a 4-count complaint in state court and challenged the City’s ordinance with the following claims:1. Violation of the Equal Protection Clause under Article I, Section 2 of the Florida Constitution;2. Violation of the Substantive Due Process Clause under Article I, Section 9 of the Florida Constitution;3. Violation of the Vested Rights Doctrine; and4. Void for Vagueness.
City of Palm Beach Gardens• The City prevailed on its Motion for Summary Judgment as to the Substantive Due Process and Vested Rights claims.• The case was ultimately dismissed for lack of prosecution on April 5, 2017.
Puppy Collection, Inc. v. City of Oakland Park18-CA-002665In December of 2017, Oakland Park adopted a Retail Pet Sales Ban Ordinance. On February 2, 2018, Puppy Collection, Inc. filed a 7-count lawsuit in state court challenging the City’s ordinance with the following claims:1. Void for Vagueness;2. Facially Unconstitutional;3. Unconstitutional “As Applied”; 4. Violation of Florida’s Equal Protection Clause; 5. Violation of Florida’s Antitrust Laws;6. Violation of Puppy Collection’s Vested Rights; and7. Impairment of Puppy Collection’s Contract Rights.
City of Oakland ParkCurrent status of the litigation:• Complaint filed;• Answer and affirmative defenses filed;• Motion for Temporary Injunction denied;• The City is currently enforcing its ordinance;• Litigation is ongoing; and• Oakland Park is represented by outside counsel.
BKG Pets, Inc. (d/b/a Petland) v. Sarasota County2016-CA-5533In January of 2016, Sarasota County adopted a Retail Pet Sales Ban Ordinance. On October 28, 2016, Petland filed a 9-count complaint in state court challenging the County’s ordinance with the following claims: 1. Impairment of Contracts, the Franchise Agreement;2. Impairment of Contracts, the Lease Agreement;3. Violation of Equal Protection Clause;4. Violation of Substantive Due Process; 5. Violation of Procedural Due Process; 6. Declaratory and Injunctive Relief for Unlawful Taking;7. Preemption/Inconsistency with General Law; 8. Inverse Condemnation; and9. Violation of Florida Antitrust Laws.
Sarasota County• Petland’s request for a temporary injunction was denied by the circuit court.• On appeal, the Second District Court of Appeal upheld the denial of the temporary injunction.• Numerous substantive motions by both parties have been filed.• Sarasota County has filed two Motions for Summary Judgment.• The Court has granted judgment in favor of the County on Counts 3, 4, 5, 6 and 7.• Counts 1, 2, 8 and 9 (Impairment of Contracts, Inverse Condemnation and Violation of Florida Antitrust Act) are still pending. • Mediation was held but was not successful.
Sarasota County (cont.)• After almost two years of litigation, Sarasota County estimates that it may take another six months to one year to litigate the remaining counts.• Sarasota County is not enforcing its ordinance while this litigation is pending.• Sarasota County is represented by its County Attorney’s Office.
CITIZENS' COMMENTS ~ m
CONSENT: ~NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes. If appropriate, the· matter( s) you present will be placed on a future "commission agenda.
It is requested ·that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name: Address: r,;~.,at e~-r~ v1 ~ 1/L~~~ Phone: (Home) <?/5- '3~3- ~-~~'~ (Work) --=s...Le=-.E..:m::......=4.::...__ ____ _
Brief description of problem or concern: . I ~vss ,,, ~,.,f-a.n~~ P F
CITIZENS' COMMENTS ~e
CONSENT: D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name: eel; +utt~ A !-1- A) Address: I~ 6'Z1 i 1(·~ ~·t- '3 t...l :Z..3 0 770£ Phone: (Home) ']''-( 1- S 31- q q L.f 1 (Work) _________ _
Brief description of problem or concern: :r-e+(..\ t \ :s e....-1 \ I 1-\~ C\ v', I v'{C\ Is
L~--------------~-------------------------------------
CITIZENS' COMMENTS m
Item #: ___ d;......_ ___ _ CONSENT: D NO ~ES .
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (I 0) minutes .. If 'appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
CITIZENS' COMMENTS
[ Item#:_~=..___ ____ _ CONSENT: D NO ~YES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name: Address: Phone: (Home) '1/..U- 447 .. 'K6et 1
Brief description of problem or concern: S"e--< S t--L e \So"->
CITIZENS' COMMENTS
Item#: ----------------- CONSENT: D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten ( 1 0) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Brief description of problem or concern:
Item#: 'L.
CITIZENS' COMMENTS -~- ~~~~~~
CONSENT: ~NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes. If appropriate, the matter( s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name:
CITIZENS' COMMENTS ~
Item#: ~-~~--------------
CONSENT: D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten ( 1 0) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
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CITIZENS' COMMENTS 1~ \
Item#=---,..--~:...._ ____ _ CONSENT: D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
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Name: A~J.rea W"'i\:-\~~·-Address: 'id--oo '1~~ 1:lt·~ <j?d]itMliV EL-Phone: (Home) & [ 0 - 4 d-- <6- Lf 3J a- (Work) ___ _sa-.;_~-=--=--=--==----
CITIZENS' COMMENTS
~---It-em __ #=~~~~-:J:~~~~~~===------c_o_N_s_E_N_T_: __ [] __ N_o __ [] __ Y_E_s ____ ~l The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name: ~Y)_.Q_ m G~~~\ /') . Address: 44(i eeo 'gtlf1;;>-S' cs;:;;cts.~ Phone: (Home) 9,L4\ B~r.... (Work) _________ _
Brief des.~tion of problem or concern: \Jd ~nos ~n ...
CITIZENS' COMMENTS
CONSENT: . D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
- .-- ----· -------
Name: ~Qt)obrc,_ Address: Phone: (Home) {al'O oW 'i ~s-o (Work)---------'--
Brief description of problem or concern:
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CITIZENS' COMMENTS
Item#: P e./ 5"~ /'C. Bar, CONSENT: D NO DYES
The Board of County Commissioners welcomes your comments. Your presentation must be limited to three (3) minutes per item or matter, with a total limit of ten (10) minutes .. If appropriate, the matter(s) you present will be placed on a future commission agenda.
It is requested that you complete this form and return it to the receptionist prior to the beginning of the Citizens' Comments portion of the agenda.
Name: Address: FL Phone: (Home) 717 ~3&5? 2tt7~ (Work) _______ _
Brief description of problem or concern:
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Published: February 23, 2018 6:09 PM EDT Updated: February 23, 2018 6:22 PM EDT
Lee County Domestic Animal Services seized 24 puppies from a Petland store on College
Parkway right as they were dropped off last week.
Many were disgusted by the filthy conditions these puppies endured on their way to Fort
Myers.
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"Hard to believe that can be happening in a major pet store.
You know this is something you think may be happening in
some kind of hidden garage somewhere," said visitor Kevin
Doran.
Lee County seized the dogs after they arrived by a. Missouri
Company-Puppy Travelers LLC. Investigators says the
puppies were kept in crowded cages full of feces and urine
without any water.
"To think that they're sending them out in large numbers like
that is totally unacceptable," said pet owner Lisa Martin.
The company admits to investigators they don't clean the
feces until they're back in Missouri.
At one point, animal services say there were up to 127
puppies inside the truck.
"Most of them are in the business because they love pets,
but obviously this company may have different motives in how they're handling and
transporting the pets," said visitor Diane Doran.
Investigators say some of the puppies' documentation was also altered, incomplete or
missing-some didn't have health certificates.
"It's hard to believe that's going on right here in Lee County, right here in Fort Myers but it ,,:"~· ',''! ': ~··: ;; ._·, :-..' ~~-· /•,...,:;-..-~_.,:- ·._'• ,-, • • ,,:, ,\,;c~<:.J• :' _:)• ,• :· " • •
-breaks my heart," Martin said. ·-· . . ~& (¥\ ~~~\~~n
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8/13/2018 Dozens of puppies heading to local Petl~uid,fourid in filthy cionditions
Now, many are rethinking where they get their pets from. . I
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Right riow, the puppies are with Lee County l?omestic Animal Services, being quarantined for
several i~su_es. A Petland rna nag~~ says the}/were l;maware ·Of .ttie traveling 6o.nditibn~ on '. ·.: • o • 0 - .. jol < • H [ 0 >
their way to the store~ i '.
·.· .. -Warning: Graphic photos could be disturbing to some people. Viewer discretion is advised.
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Presentation to Manatee County
Date: August 14, 2018
Re: Animal Sales Ban
By: Andrea Whiting (Palmetto, FL)
Contents
1) Typed copy of oral presentation by Andrea Whiting (2 pages)
2) Cavalry Group flyer on ''The Truth About Pet Sales Bans" (2 pages)
3) Cavalry Group presentation to California State Assembly Committee on Business Professionals
dated April11, 2017. This is in opposition of California AB 485. If you simply substitute "Florida"
or "Manatee County" in place of "California" you will have an understanding of the fundamental
arguments in opposition of pet sales bans. (6 pages)
4) The 2018 Florida Statutes for Dogs and cats transported or offered for sale, health
requirements, consumer guarantee (5 pages)
5) The 2018 Florida Statues for dogs and cats released from animal shelters or animal control
agencies ( 1 page)
6) The 2018 Florida Statues for dogs and cats adopted from rescue groups (1 page)
7) Links for additional articles ( 1 page)
I would like to note at this time that The Cavalry Group is an organization that monitors legislative
actions throughout the US that pertains to animal ownership and husbandry and aids in the protection
of people's rights regarding legal animal ownership and husbandry. They have an extensive collection of
cases and arguments and would be an excellent source of information garnered from throughout the
us.
Andrea Whiting 1200 79thSt E Palmetto, FL 34221 813-928-4322 [email protected]
My name is Andrea Whiting and I am a Manatee County resident. I do not represent any pet store or
pet breeder. I am just me.
Pet sale bans do nothing to prevent the influx of unwanted pets into our local shelters and rescues.
Animals do not end up in shelters from a direct pipeline from breeders and pet stores, they are there
because people failed them by treating them as disposable items. This is not the fault of breeders or
retailers.
When a person shops for a pet from a breeder or pet store, there is a reasonable expectation of what
that individual will get. Size, temperament, and traits are reasonable expectations when the parentage
and history of individual animals is on record. State Statutes provide for specific health guarantees
when animals are purchased from a breeder or retailer.
Unfortunately, when selecting a pet from a shelter or rescue, the same cannot be said. The adopter
takes a great risk when selecting their animal. Temperament isn't always accurately determined or
represented by shelter and rescue staff which in many cases have only a matter of a couple of days to
make a determination before making the animal available for adoption. Since 2010 there have been 35
human deaths in the US from adopted dogs.*
If the county imposes a pet sales ban, how many of these adopted animals will find themselves in the
"rescue pipeline" as they get returned over and over again, or simply tossed into the street when an
adoptive person decides the animal doesn't suit? This is more likely to happen to adopted animals than
purchased animals due to the perceived value of a dog that was bought.
Now pay attention, because what I am going to say next is important, very important ... .... Pet sale bans
mandate the sale of animals sourced from unregulated sources (ie: shelters and rescues), while banning
regulated, law abiding businesses (ie: breeders and pet stores).
Were you aware that shelters and rescues are exempt from the laws that are required of professional
breeders and retail sellers which are regulated by the State of Florida and the USDA?
If a legal pet store business is following the Florida Statutes and obtaining animals from USDA approved sources .... Where is there a problem? Why should Manatee county punish these businesses for
following the laws?
Shouldn't the efforts be concentrated at bringing down those who do not follow the laws?
The motto of rescue proponents is "Adopt, Don't Shop" but shouldn't that decision be up to the person
looking for a pet? Why should a valid choice be removed as an option?
\
And finally, I would like to state that were I in a position of being a government official, I would be highly
suspect of any organization's motives if they are pushing an agenda that punishes legal and law abiding
businesses and thus limit the choice of the public, rather than punish those that are truly the "bad
apples" of the community.
Attachments included
*The statistic of 35 deaths in the US from shelter dogs since 2010 is provided by
The Cavalry Group 855-748-4210 www.thecavalrygroup.com
Pet Sale Bans mandate the sale of animals sourced from UNREGULATED SOURCES, such as rescues and shelters,
while banning the regulated, law abiding breeders.
• Unlike pet store animals, dogs, cats, and rabbits from rescues have questionable health and temperament, and there is rarely a traceable history as to where they came from and what issues might be associated with the animal, putting families and other pets in the home at great risk.
• Pet stores are accountable, traceable sources for pets, and are legitimate, legal businesses, which are self-sustained and bring a steady stream of tax revenue.
• Shelter and rescue operators are not experts in animal behavior and safety, and are often misguided, refusing to acknowledge the inherent dangers or background of dogs that are found there.
• Pet Sale Bans take away pet choice while creating liability for pet stores and imposing a huge safety RISK for consumers.
• Pet Sale Bans are a direct attack on free trade and commerce by mandating the sale of animals sourced from unregulated sources, are a direct attack on free trade and commerce.
• Pet Sale Bans do NOTHING to stop animal abuse or unscrupulous, unlicensed and unregulated breeders.
• Licensed breeders are professionals who provide consumers, both public and pet stores, with healthy and behaviorally sound animals bred for the purpose of pet ownership.
'"i=acts about Professional Breeders: 1. Puppies, kittens, and rabbits that are sold in pet stores are vet checked a minimum of four
times prior to being handed over to their new owner. Pet stores provide consumers with new puppy advice and education in addition to a health guarantee.
2. Professional breeders who sell to retail pet stores are required to be USDA licensed and inspected under the Federal Animal Welfare Act.
3. Professional breeders are licensed and inspected by USDA inspectors who have no vested interest in the breeding facility.
4. Annually, professional breeders participate in animal husbandry continuing education, conducted by veterinarians and experts, spending their own money learning how to breed a better, healthier, and more stable dog.
5. Professional breeders love what they do and they love their animals. They consider their profession a way of life, not a job.
Facts about Pet Sale Bans: 1. Shelters and rescues are exempt from the laws that are required of professional breeders.
Rescue animals come with no guarantee and have the potential to put the new owners at risk due to the lack of oversight.
2. Shelters and rescues are perceived to be experts on animal behavior and safety, but they are not experts and are often misguided, refusing to acknowledge the inherent dangers or background of dogs that are found there.
3. Since 2010, the adoption of former shelter-rescue dogs have resulted in 35 deaths in the U.S.
4. Unlike pet store animals, dogs, cats, and rabbits from rescues have questionable health and temperament, and there is no traceable history as to where they came from and what issues might be associated with the animal, putting families and other pets in the home at great risk.
March 15, 2017 a Humane Society rehomed a pit bill mix as a "childfriendly" boxer mix, which attacked and nearly killed a 15-month old baby.
5. The United States imports more than 300,000 dogs from foreign countries each year, most from countries with little or no health safeguards; allowing the importation of sick dogs and new canine disease into the U.S.
6. The U.S. imports "rescue dogs" from countries including China, Korea, Mexico, Turkey and others. Pet shelters and rescues are NOT populated with owner-relinquished pets and strays as they lead the public to believe.
OPPOSE Pet Sale Bans liJ Protect Consumer Safety Ji1 Protect Consumer Choice
~-CAVALRY GROUP
The Cavalry Group • Phone: 855-748-4210 • www.TheCavalryGroup.com
I"K <n i C l! NI(,A"''UO il t."''O I N<; \NJ.\1 .<\l I" N'Hi M,. RIH
Aprilll, 2017
RE: Opposition to California - AB 485
Dear Chairman Salas and Members of the California State Assembly Committee on Business and Professions:
Across America, pet stores are on the receiving end of coercive and intimidation tactics from the Humane Society of the United States (HSUS) and other animal rights groups, urging pet store owners to discontinue the sale of puppies, kittens, and rabbits as part of their campaign to end the sale of animals that are sourced from professional, licensed, and regulated breeders. HSUS is an animal rights organization that raises money under false pretenses of promoting animal welfare, and uses its funds on lobbyists and activists to promote their animal rights ideology and agenda.
This HSUS extortion campaign to end pet store sales of puppies, kittens, and rabbits sourced from professional breeders of any size is being pushed with fabricated information stating that pet store puppies, kittens, and rabbits come from unscrupulous breeders, and would be contributing to an overpopulation of pets. These allegations are completely false, and an attempt to extort pet stores into complying with their agenda.
Agenda-Driven Policy:
The Cavalry Group has witnessed a systematic attempt to over-regulate, unfairly inspect, and penalize professional animal enterprises out of business. We believe that the origin of this shift can be traced directly to what is known as the "Animal Rights Movement," a line of thinking that has gradually gained a foothold in universities and government throughout the past 40 years. What was once a radical, ragtag group of extremists is now a multi-billion dollar coalition of organizations that raise money under the guise of improving animal welfare and running pet shelters, but ultimately spend that money on the promotion of increased regulation on animal ownership and enterprise.
Recently, these groups have pushed for unsupported regulatory changes in other states to achieve their goals. These regulations often mislead legislators, committee members, and the general public as to their actual effects and true impact on animal owners and
P.O. Box 147 • Grover • Missouri 63040 Phone: 855·748-4210 www.TheCavalryGroup.com
3
_:-A CAVALRY GROUP 1"1'1.011 C l1 1'i'L A NU flU t. ... I) l NG \ N l o\IA l f.N II KrR I )J-
breeders, instead of using facts and science the activists prey on the emotions to influence passage of legislation using pictures and video taken vastly out of context.
The Truth About Pet Stores:
• Mandating the sale of animals sourced from unregulated sources, such as rescues, is a direct attack on free trade and commerce, while putting great risk and liability into the hands of the pet stores.
• Mandating the sale of animals sources from unregulated sources, such as rescues, is doing nothing to stop animal abuse or unscrupulous breeders. In fact, it will increase a black market and unregulated sales of pets.
• Providing consumers a choice of pet options is not only the right thing to do, it is a good business decision. Pet stores are accountable, traceable sources for pets, and are legitimate, legal businesses, which are self-sustained and bring a steady stream of tax revenue to the state of California.
• Pet stores provide veterinarian inspected, healthy puppies, kittens, and rabbits from licensed, regulated breeders. Pet stores also provide a health guarantee to each new owner.
• Pet stores provide veterinary care and consumer protection; pet stores help inform consumers to find the best breed to fit their lifestyle and family, pet store visits ensure compatibility with the prospective pet, and pet stores rely on customer satisfaction.
• A rescue mandate on pet stores does nothing to increase animal welfare standards and would harm businesses and consumers, while eliminating revenue to the California state.
• Preventing responsible pet stores from selling professionally bred puppies, kittens, and rabbits in the California will drive residents to other unregulated sources to purchase pets which will harm other local businesses in Californ!a, while doing nothing to educate consumers about making informed choices or improve animal welfare.
• Putting legitimate pet stores, and pet breeders out of business also forces more consumers to support an underground, unregulated market for pets.
P.O. Box 147 • Grover • Missouri 63040 P hone: 855-748-4210 www.TheCavalryGroup.com
PRO II. C I I NG A NU IJI. I lNI>II'\G \N I!Il A l I ;<J I I:R rRIH.
The Truth About Professional Breeders:
• The term "puppy mill" was intentionally devised by HSUS to empower their animal rights agenda by confusing the public. In their own words, HSUS describes a "puppy mill" as "a dog breeding operation which offers dogs for monetary compensation or remuneration."
HSUS Hurr:aneSociety 27 IVIar
A #puppymm is a dog breeding operation, which offers dogs for monetary compensati:on or remuneration (cont) #human chat Expand
• Professional breeders who sell to retail pet stores are required to be USDA
licensed and inspected under the Federal Animal Welfare Act.
• Professional breeders are licensed and inspected by USDA inspectors at least
four times per year who have no vested interested in the kennel.
• Annually, professional breeders participate in 15-hours of animal husbandry
continuing education by world-renowned veterinarians and experts, spending
their own money learning how to breed a better, healthier, and more stable dog.
• Professional breeders consider their profession a lifestyle, not a job. They love
what they do.
• Puppies, kittens, and rabbits that are sold in pet stores are vet checked a
minimum of four times prior to being handed over to their new owner. Pet
stores provide consumers with new puppy advice and education in addition to a
health guarantee.
• Unlike pet store animals, dogs, cats, and rabbits from rescues have questionable
health and temperament, and there is no traceable history as to where they came from and what issues might be associated with the animal, putting families
and other pets in the home at great risk.
• Shelters and rescues are exempt from the laws that are required of professional
breeders. Rescue animals come with no guarantee and have the potential to put
the new owners at risk.
P.O. Box 147 • Grover • Missouri 63040 Phone: 855·748-4210 www.TheCavalryGroup.com
• The attached letters are from three licensed veterinarians who work closely with professional, USDA licensed breeders who provide puppies and kittens to retail pet stores. These veterinarians strongly oppose rescue dogs being sold in lieu of
pure bred or cross bred puppies and kittens from professional, licensed,
inspected facilities.
• Attached: Dr. Jim Foster, Dr. Brandon Sinn, and Dr. A. G. Beukleman. (attached)
The Myth of Pet Over-Population:
Humane Society of the United States (HSUS), American Society of Prevention of Cruelty
to Animals (ASPCAL and People for the Ethical Treatment of Animals (PETA) and other
animal rights groups are raising money under the false premise of pet overpopulation, while perpetuating guilt on our society to believe that purchasing a rescue dog is solving
a problem.
The slight of hand trick, however, is that there is NO problem to solve. If pet shelters were full of owner-relinquished pets, why is the United States importing "rescue dogs"
from other countries like China, Korea, and Turkey?
The United States imports more than 300,000 dogs from foreign countries each year, most from countries with little or no health safeguards.
• According to the US Public Health Service, Chicago O'Hare was the destination airport for 10,125 dogs imported from overseas in 2006, half of which were not
vaccinated .
• In 2007 Scientists from the Center for Disease Control (CDC) estimated that over
200,000 dogs (38,000 unvaccinated) came into the country through the Mexican border that year alone, and Puerto Rico shipped more than 14,000 strays over
the course of seven years to the U.S. for adoption at shelters.
• Meanwhile, shelters frequently advertise to the public that they' re looking for puppies to sell . ('Puppies Wanted' ad attached)
• Thanks to "Retail Rescue" a puppy buyer is more likely to purchase a dog with
health or behavior issues.
• Rescues and shelters are exempt from laws and regulations that oversee
professional breeders and pet stores.
P.O. Box 147 • Grover • Missouri 63040 Phone: 855-748-4210 www.TheCavalryGroup.com
1' 1\0 l i.C I 11'1(. A I'I U IH I Ll'l l>l l'\(0 \N I.\I A L J' l'l li:I'C l'ft I :'I t
Flooring in Dog Kennels:
• Veterinarians have gone on record to say that solid flooring in dog kennels is a
disaster. It is impossible to dry in quick time and the dog's skin is constantly
exposed to water or urine. Accordingly, wet dogs are more at risk to skin issues
and constant moisture in any kennel means increased risk of bordetella (kennel
cough) as well as other canine diseases.
• HSUS discredits wire flooring using misinformation and photos which are not in compliance with current USDA rules and regulations.
Summary:
While animal rights activists paint a frightening, emotional picture, the truth is that just because animal activists care about animals does not mean they know anything about animal care.
Those engaged in actual animal husbandry know far better how to care for animals than well-intentioned urban activists. We must allow time-tested agriculture practices to proceed free of interference from over-regulation . Any ban on animals is one more way for the animal rights agenda-driven policy to meet their goal to create a no animalownership society. City of California does not need further regulation or government involvement in private enterprise. There is no "crisis" to solve. There is only propaganda intended to harm the rights of citizens and to destroy viable law abiding businesses and the future of animal ownership.
Finally, it is not up to government to pick winners and losers. These pet stores in your city of California are legal businesses. If you fail to protect their business against this wrongful attack on their legitimate business simply because their business does not fall in line with the ideology of some, then who's business is next?
We respectfully request that Chairman Salas and Members of California State Assembly Committee on Business and Professions reject AB 485, Mandate of the Sale of Rescue Dogs, Cats, and Rabbits in Pet Shop.
P.O. Box 147 • Grover • Missouri 63040 Phone: 855-748-4210 www.TheCavalryGroup.com
. .
Respectfully,
Mindy Patterson President The Cavalry Group
The Cavalry Group is a member based company protecting and defending the Constitutional and private property rights of law abiding animal owners and animal-related businesses, nationwide. We defend our members against the onslaught of anti-private property and anti-agriculture animal rights activism in addition to challenging the infiltration of radical animal rights activism in government at the local, state, and federal levels.
P .O . Box 147 • Grover • Missouri 63040 Phone: 855-748·4210 www.TheCavalryGroup.com
The 2018 Florida Statutes
Title XLVI
CRIMES
Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
View Entire Chapter
828.29 Dogs and cats transported or offered for sale; health requirements; consumer guarantee.-
(1)(a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required
by this section must be administered by or under the direction of a veterinarian, licensed by the state of
origin and accredited by the United States Department of Agriculture, who issues the official certificate
of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30
days and no less than 14 days before the dog's entry into the state. The official certificate of veterinary
inspection certifying compliance with this section must accompany each dog transported into the state
for sale.
(b) For each dog offered for sale within the state, the tests, vaccines, and anthelmintics required by
this section must be administered by or under the direction of a veterinarian, licensed by the state and
accredited by the United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the dog is
offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official
certificate of veterinary inspection that to inoculate or deworm the dog is not in the best medical
interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular
dog. Each dog must receive vaccines and anthelmintics against the following diseases and internal
parasites:
1. Canine distemper.
2. Leptospirosis.
3. Bordetella (by intranasal inoculation or by an alternative method of administration if deemed
necessary by the attending veterinarian and noted on the health certificate, which must be administered
in this state once before sale) .
4. Parainfluenza.
5. Hepatitis.
6. Canine parvo.
7. Rabies, provided the dog is over 3 months of age and the inoculation is administered by a licensed
veterinarian.
8. Roundworms.
9. Hookworms.
If the dog is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must
be administered no more than 21 days before sale within the state. If the dog is 4 months of age or
older, the tests, vaccines, and anthelmintics required by this section must be administered at or after 3
months of age, but no more than 1 year before sale within the state.
(2)(a) For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required
by this section must be administered by or under the direction of a veterinarian, licensed by the state of
origin and accredited by the United States Department of Agriculture, who issues the official certificate
of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30
days and no less than 14 days before the eat's entry into the state. The official certificate of veterinary
inspection certifying compliance with this section must accompany each cat transported into the state
for sale.
(b) For each cat offered for sale within the state, the tests, vaccines, and anthelmintics required by this
section must be administered by or under the direction of a veterinarian, licensed by the state and
accredited by the United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the cat is
offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official
certificate of veterinary inspection that to inoculate or deworm the cat is not in the best medical
interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular
cat. Each cat must receive vaccines and anthelmintics against the following diseases and internal
parasites:
1. Panleukopenia.
2. Feline viral rhinotracheitis.
3. Calici virus.
4. Rabies, if the cat is over 3 months of age and the inoculation is administered by a licensed
veterinarian.
5. Hookworms.
6. Roundworms.
If the cat is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must
be administered no more than 21 days before sale within the state. If the cat is 4 months of age or older,
the tests, vaccines, and anthelmintics required by this section must be administered at or after 3 months
of age, but no more than 1 year before sale within the state.
(3)(a) Each dog or cat subject to subsection (1) or subsection (2) must be accompanied by a current
official certificate of veterinary inspection at all times while being offered for sale within the state. The
examining veterinarian must retain one copy of the official certificate of veterinary inspection on file for
at least 1 year after the date of examination. At the time of sale of the animal, one copy of the official
certificate of veterinary inspection must be given to the buyer. The seller must retain one copy of the
official certificate of veterinary inspection on record for at least 1 year after the date of sale.
(b) The term 110fficial certificate of veterinary inspection" means a legible certificate of veterinary
inspection signed by the examining veterinarian licensed by the state of origin and accredited by the
United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the
dog or cat, the printed or typed names and addresses of the person or business from whom the animal
was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and
the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines
and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type,
lot number, expiration date, and the dates of administration thereof, and must state that the examining
veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or
infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear
mites, but excluding fleas and ticks. The Department of Agriculture and Consumer Services shall supply
the official intrastate certificate of veterinary inspection required by this section at cost.
(c) The examination of each dog and cat by a veterinarian must take place no more than 30 days
before the sale within the state. The examination must include, but not be limited to, a fecal test to
determine if the dog or cat is free of internal parasites, including hookworms, roundworms, tapeworms,
and whipworms. If the examination warrants, the dog or cat must be treated with a specific
anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a broad
spectrum anthelmintic. Each dog over 6 months of age must also be tested for heartworms. Each cat
must also be tested for feline leukemia before being offered for sale in the state. All of these tests must
be performed by or under the supervision of a licensed veterinarian, and the results of the tests must be
listed on the official certificate of veterinary inspection.
(d) All dogs and cats offered for sale and copies of certificates held by the seller and veterinarian are
subject to inspection by any agent of the Department of Agriculture and Consumer Services, any agent
of the United States Department of Agriculture, any law enforcement officer, or any agent appointed
under s. 828.03.
(4) A person may not transport into the state for sale or offer for sale within the state any dog or cat
that is less than 8 weeks of age.
(5) If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed
veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for
purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or
the presence of internal or external parasites, excluding fleas and ticks; or if, within 1 year following the
sale of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies
such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects
the health of the animal; or if, within 1 year following the sale of an animal subject to this section, the
breed, sex, or health of such animal is found to have been misrepresented to the consumer, the pet
dealer shall afford the consumer the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including the sales tax,
and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination
and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to
necessary emergency services and treatment undertaken to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, and reimbursement for reasonable veterinary costs directly related to the
veterinarian's examination and certification that the dog or cat is unfit for purchase pursuant to this
section and directly related to necessary emergency services and treatment undertaken to relieve
suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for
necessary services and treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of
veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed
veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the
certification by the veterinarian.
(6) A consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital
or hereditary disorders. In the case of such waiver, the consumer has 48 normal business hours,
excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian of
the consumer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was unfit
for purchase due to a congenital or hereditary disorder, the pet dealer must afford the consumer the
right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit; or
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat
is unfit.
(7) A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of
specific congenital or hereditary disorders, in which case the consumer has no right to any refund or
exchange for those disorders.
(8) The refund or exchange required by subsection (5) or subsection (6) shall be made by the pet
dealer not later than 10 business days following receipt of a signed veterinary certification as required in
subsection (5) or subsection (6) . The consumer must notify the pet dealer within 2 business days after
the veterinarian's determination that the animal is unfit. The written certification of unfitness must be
presented to the pet dealer not later than 3 business days following receipt thereof by the consumer.
(9) An animal may not be determined unfit for sale on account of an injury sustained or illness
contracted after the consumer takes possession of the animal. A veterinary finding of intestinal or
external parasites is not grounds for declaring a dog or cat unfit for sale unless the animal is clinically ill
because of that condition.
(10) If a pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by
a consumer under this section, the dealer may require the consumer to produce the animal for
examination by a licensed veterinarian designated by the dealer. Upon such examination, if the
consumer and the dealer are unable to reach an agreement that constitutes one of the options set forth
in subsection (5) or subsection (6) within 10 business days following receipt of the animal for such
examination, the consumer may initiate an action in a court of competent jurisdiction to recover or
obtain reimbursement of veterinary expenses, refund, or exchange.
(11) This section does not in any way limit the rights or remedies that are otherwise available to a
consumer under any other law.
(12) Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale
with a written notice, printed or typed, which reads as follows :
It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of
veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all
vaccines and deworming medications administered to the animal and shall state that the animal has
been examined by a Florida-licensed veterinarian who certifies that, to the best of the veterinarian 's
knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the
event that the consumer purchases the animal and finds it to have been unfit for purchase as provided
in section 828.29(5), Florida Statutes, the consumer must notify the pet dealer within 2 business days of
the veterinarian 's determination that the animal was unfit. The consumer has the right to retain, return,
or exchange the animal and receive reimbursement for certain related veterinary services rendered to
the animal, subject to the right of the dealer to have the animal examined by another veterinarian .
(13) For the purposes of subsections (5)-(12) and (16), the term "pet dealer" means any person, firm,
partnership, corporation, or other association which, in the ordinary course of business, engages in the
sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This
definition includes breeders of animals who sell such animals directly to a consumer.
(14) The state attorney may bring an action to enjoin any violator of this section or s. 828.12 or s.
828.13 from being a pet dealer.
(15) County-operated or city-operated animal control agencies and registered nonprofit humane
organizations are exempt from this section.
(16) A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered
for sale within the state.
(17) Except as otherwise provided in this chapter, a person who violates any provision of this section
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.-s. 1, ch. 81-234; s. 1, ch . 90-154; s. 23, ch. 90-321; s. 9, ch. 91-294; s. 8, ch. 93-13; s. 1290, ch.
97-102; s. 2, ch. 2002-51.
Note.-Former s. 585.195; s. 828.31; s. 585.95.
2018 Florida Statutes
823.15 Dogs and cats released from animal shelters or animal control agencies; sterilization
requirement.
3(b)(3) (3) In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats
sold or released for adoption from any public or private animal shelter or animal control agency
operated by a humane society or by a county, city, or other incorporated political subdivision, by either:
(a) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(b) Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will
be performed within 30 days or prior to sexual maturity. The shelter or animal control agency shall
require a sufficient deposit from the adopter or purchaser, which deposit shall be refundable upon
presentation to the shelter or animal control agency of written evidence by the veterinarian performing
the sterilization that the animal has been sterilized. The deposit or donation may be based upon
recommended guidelines established by the Florida Federation of Humane Societies. Failure by either
party to comply with the provisions of this paragraph shall be a noncriminal violation as defined ins.
775.08(3), punishable by a fine, forfeiture, or other civil penalty, and, in addition thereto, the deposit or
donation shall be forfeited to the shelter or animal control agency. Any legal fees or court costs used for
the enforcement of this paragraph are the responsibility of the adopter. Upon the request of a licensed
veterinarian, and for a valid reason, the shelter or animal control agency shall extend the time limit
within which the animal must be sterilized.
(4) All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless
otherwise provided for by ordinance of the local governing body, with respect to animal control
agencies or shelters operated or subsidized by a unit of local government, or provided for by the
humane society governing body, with respect to an animal control agency or shelter operated solely by
the humane society and not subsidized by public funds.
History.-ss. 1, 2, 3, ch. 80-87; s. 1, ch. 2013-32.
SUMMARY- Florida statutes require sterilization of animals
that are adopted. There are no apparent requirements for
health or for temperament.
s
The 2018 Florida Statutes
Pertaining to the Adoption of Animals from Rescues
I have yet to find any.
LINKS
Roughly 1 Million dogs are imported into the U.S. from foreign countries, bringing with them disease
and unknown temperament!
http://www.foxnews.com/opinion/2018/06/30/us-has-become-dumping-ground-for-foreign-puppy
mill -and-rescue-dogs-here-s-what-needs-to-change.html
Humane Society rehomed a pit bill mix as a "child- friendly" boxer mix, which attacked and nearly killed
a 15- month old baby.
http://www.clintonherald .com/news/humane-society-sued/article c41d3110-14e9-11e7-9104-
97aef09271cc.html
Close to one million rescue dogs are imported into the U.S. annually from Puerto Rico, Turkey, and Asia .
http://www. na i ao n I in e. org/ articles/ article/ n a i a-study-confirms-fewer -dogs-sea rce-p u reb reds-in-us
animal-shelters#sthash.CSzVkPeK.dpbs
Over 287,000 dogs were imported into the United States during 2006. link:
https://animallaw.foxrothschild .com/category/health-and-safetv/infectious-disease/
Bans are carefully orchestrated attacks by activist groups:
http://www.insidesources.com/attacks-doomed-ringling-bros-portend-trouble-pet-lovers/
7
Animal and Plant Health Inspection Service • Animal Care www.aphis.usda.gov/animal_welfare/
April 2018
Questions and Answers: Activities with Dogs Requiring a USDA License/Registration
;'vlany individuals and businesses that buy o r sell dogs, exhibit them to the public, transpo rt them commercially, or usc them in research must be Licensed or registered under the Animal \X'elfarc Act (A\'( .-\ ) by the C nited rates D epartment of Agriculture (LSD .\ ). This Tech :'\me lists the major types of regulated and exempt businesses, but does not cO\·er all cases. If you have questions about your status, LSD r\ 's Animal Care program can answer your questions and help you determine if you require a License or registration.
Q ues tion. How does the Animal Welfare Act pe rtain to dogs?
Answer. The A W A and associated regulations requires a CSD A. license for anyone who (for compensation or pro fit) buys, seLls (including adop tion), or negotiates the sale of dogs for research, exhibition, o r use as a pe t; or fo r h~nting, breeding, o r security purposes at the \.vholesale level. Addi tionally, the Anim al \'\'elfare Act restricts the importation of dogs fo r purposes of resale, prorubits dog-fighring ventures, and provides prorecrions to p revent the the ft o f pet dogs.
Q. What does compen sation mean as far as th e Animal Welfare Act is concerned?
A. ompcnsation is any payment for the animal, regardless of whether the pa)rment i for pr fit. Payment could be sales, adoption fees, donations or any economic benefit related to the transfe r of the animal. Payment does no t necessarily mean the transfe r of money if other benefits are receiYed in connecrion \vi th acriviries that require a License o r registration.
Q . Wh at type of license is required?
A. Your specific ac riviries using dogs (and othe r regulated animals) will determine the type of License.
• :\. Class A licensee is a breeder whose bu iness consists of dogs and other regulated animals bred and raised on his or her premises in a closed or stable colony (p lus those acquired for the sole purpose o f mai ntaining or enhancing the breeding colony).
• :\ Cla B Licen ee i a dealer or broker ,·vh se busio.c includes the purchase and / or resale of any dog or th r regulated animal. This includes brokers and auction operatOrs because they negotiate or arrange the
purchase, sale or commercial uan port of dogs.
• :\ Class C Licensee i an exhibitor who shows or displays dogs or other regulated animals to the public.
Tech Note : Q&A Activities w ith Dogs Req~iri ng a USDA License or Registration
~ G.cc_ B.J ~~\M&n ! G.c:-~~ . .tt- ~\,-\ \ \~
Page 1 of 3
I
Animal Care www.aphis. usd;!.gov/:tn•ma l w c lf:1 re/
Examples of activitie requiring a C Dr\ license include but arc not limited to:
• \dwlesale sale of d a ~ r u e a pet r for huntina brcedin r r ecuri y pu rpose ;
• retail sales (inclucling adoption) of dogs where the buyer, seller, and dog arc not phy ically together in the same place so the buyer can observe the animal prior to purchase or taking custody;
• dog acquisitions from an auction for resale (including adoption) as pets;
• sales (including adoption) of imported dogs where the buyer, seller, and dog are not physically together in the same place so the buyer can observe the animal prior to purchase or taking custody;
• the sale of any dog not born and raised on the business O\\·ner's premises for research purposes; and
• the exhibition of dogs regardless of any compensation.
Q. When is a license not required?
A. Examples of when a C Dr\ license is not required include but are not limited to:
• retail sales (inclucling adoptions) \vhere the buyer, seller, and dog are physically together in the same place so the buyer can observe the animal prior to purchase or taking custody;
• maintaining a total of four or fewer breeding female dogs and selLing (wholesale or retail) only the offspring o f these dogs (born and raised on the bu iness owner's prem.i es) for pets or exhibition;
• selling fewer than 2.5 dogs per year (that \Vere born and raised on your premises) for research, teaching or testing purposes or to any research facility;
• transporting dogs (o r arranging for their transportation) solely for the purpose of breecling, exhibiting in purebred shows, boarding (not in association with commercial transportation), grooming or medical treatment;
• participating in dog race , field trials , cour ing events, purebred dog sho\v , or fairs or exhibitions intended to advance agricultural arts and sciences;
• buying (including adoption) dogs solely for your own personal use and not selling or exhibiting them;
• operating a pound or shelter (or -a business under contract with a pound or shelter) under the jurisdiction of a state, county, municipality, township or city (including government-operated and government-contract shelters); and
• selling at retail (including adoption) dogs when the purchaser uses the dogs for hunting, breeding or security purposes.
Q . When is a registration required?
A. J\ registration is required by any person operating o r intending to opera te as a research faci lity, carrier, o r intermediate handler.
• A research Jacili!J• is any school (except elementary or seco ndary) , 111stitution, organization, or person that uses or intends to use liYe dogs in research, tests, or experiments, and that (1) purchases o r transports live dogs in commerce, or (2) receive funds under a gram, award, loan, o r contract fo r the purpose of carrying out research, tests, or experiments.
• .\ can·ier is the operator of any airline, rai lroad, motor carrier, shipping line, or o ther enterprise that transports any animal for hire.
Tech Note: Q&A Activities with Dogs Req'-;liring a USDA License or Registration Page 2 of 3
I
A·nimal Care w.vw.aphis.usda.gov/an im:tl welfare/
• An intem1ediate handler is any person, department, agency o r instrumentality of the C nited States (o r of any state or local government) receiving cusrody of dogs in connection with their commercial transportation.
Examples of activities requiri ng a registration include but are no r limited to :
• transporting dogs fo r compensation to a carrier; and
• transporting dogs fo r compensation between· shelters o r rescue gro ups for resale (including adoption)
Q. Where can I get more information about becoming licensed and/ or registered?
A. For more information, please contact: L.:SD A Animal Care 4700 River Road, "L.:nit 84 Ri\·erdale, MD 20737 Phone: 301-851-3751 Web site: \.vww.aphis.usda.gm-/ ac E -mail: ace@aphis. usda.gov
USDA is an equal opportunity provider and employer.
Tech Note : Q&A Activities with Dogs Reql,liring a USDA License or Regist ra tion Page 3 of 3
ost
Dog rescuers, flush with donations, buy animals from the breeders they scorn
By Kim Kavln Photos by Salwan Georges Videos by Zoeann Murphy
P~ r ; i ~ ·r ,2:- ·, s
An effort that animal rescuers began more than a decade ago to buy dogs for $5 or $10 apiece
from commercial breeders has become a nationwide shadow market that today sees some rescuers, fueled
by Internet fundraising, paying breeders $5,000 or more for a single dog.
The result is a river of rescue donations flowing from avowed dog saviors to the breeders, two
groups that have long disparaged each other. The rescuers call many breeders heartless operators of
inhumane "puppy mills" and work to ban the sale of their dogs in brick-and-mortar pet stores. The
breeders call "retail rescuers" hypocritical dilettantes who hide behind nonprofit status while doing
business as unregulated, online pet stores.
But for years, they have come together at dog auctions where no cameras are allowed, with
rescuers enriching breeders and some breeders saying more puppies are being bred for sale to the
rescuers.
Bidders affil iated with 86 rescue and advocacy groups and shelters throughout the United States
and Canada haves ent $2.68 mill ion buying 5,76 1 dogs and pup ies from breeders since 2009 at the
nation's two government-regulated dog auctions, both in Misso uri , according to invo ices, checks and
other documents The Washington Post obtained from an industry insider. At the auctions, rescuers have
purchased dogs from some of the same breeders who face activist protests, including some on the
Humane Society of the United States' "Horrible Hundred" list or the ''No Pet Store Puppies" database of
breeders to avoid, maintained by the American Society for the Prevention of Cruelty to Animals.
Most rescuers then offered the dogs for adoption as "rescued" or "saved."
Years ago, when more commercial breeders existed, rescuers attended auctions to buy surplus
dogs that seemed to be everywhere, longtime auction participants say. But the success of the rescue
movement in reducing shelter populations, some rescuers say, has been driving rescuers to the auction
market. As the number of commercial kennels has decreased, so has the number of shelter animals killed
JoAnn Dimon, director of Big East Akita Rescue in New Jersey, says that buying breeding-age
dogs not only cuts into overbreeding but also makes it harder for commercial breeders to profit in the long
run.
"That breeder is going to make thousands of dollars off that [female dog] if he breeds her every
cycle," Dimon said. "I just bought her for $150. I just took money out of his pocket. I got the dog, and I
stopped the cycle."
The majority of the $2.68 million The Post documented was spent since 2013 at Southwest
Auction Service, the biggest commercial dog auction in the country, with some additional spending at its
smaller, only remaining competitor, Heartland Sales. Southwest originated in Wheaton, Mo., in 1988, and
Heartland was founded in Cabool, Mo. , in 2003, as a marketplace for breeders. As the last remaining
government-licensed auctions, they let buyers and sellers see hundreds of dogs at a time and are a legal
part of the country 's upQy supply chain. They are regulated by the U.S . and Missouri De artments of
Agriculture and O[>en to the public.
RESCUERS BUY DOGS FROM BREEDERS AT AUCTIONS Documents obtained by an industry source reveal a shadow market:
~(fiil)(Q) G)O<fJ> 0 Commercial
breeders produce specialty puppy breeds.
E) The breeders sell their puppies at auctions, often to rescue groups.
0 The dog rescuers put the pu ppies up fo r adoption as rescue dogs.
0 The customer may not know the dog was bough t at an auction .
" I' m not going to lie about this : Rescue generates about one-third, maybe even 40 percent of our
income," says Bob Hughes Southwest's owner. " It ' s been big for 10 years.'
Hughes said his auction is open to everyone but people with cameras because "our customers
don ' t want to be on animal-activist websites being called ' puppy mills. "'
Hank Grosenbacher, owner ofHeartland, says rescuers usually account for 15 to 25 percent of his
business. He says he gets fewer rescuers than Southwest because he often bans from his auction rescuers
who publicly call breeders "puppy mills."
"At our auction, I think 75 percent of the people who sell dogs, and the rescues who come to our
sale, will do things the right way," he said. "The particular rescuers who come to our sale, they ' re a
HIGHEST PRICES PAID PER BREED BY RESCUERS AT DOG AUCTIONS Invoices from Southwest Auction in Missouri, received from an industry source, show people affiliated with dog rescue organizations paying high prices to buy some of the most popular U.S. purebreds in a practice they refer to as "puppy mill rescue."
Cava lier King~ --------------------$lO,OOO Charles Spaniel * lJ""U
French Bulldog ~ -----------------$6,200
Yorkshire Terrier ~ --------- $4,300
Standard Poodle fiiJ -------$3,500
English Bulldog ~ -------$3,400
Golden Retriever ~ -----$2,550
Labrador ~ ----- $2,500 Retriever UVJ.tU
Boxer @ -----$2,500
• Will Yoder. a commercial breeder, bought two Cavaliers at Southwest Auction for $7.550. bJt sold tllem an nour later !n a post-auction dea l when a rescuer offl'red 510.000 per dog_
The auction at Southwest on Nov. 22, 2014, was different - and showed that a breed-specific
rescuer, flush with donated cash, will pay five figures for a single dog.
An Alabama breeder of Cavalier King Charles spaniels was going out of business, so the sale
would have more than 130 Cavaliers. There was serious money in play that day from Cavalier rescuers.
One rescuer 's GoFundMe.com cam aign had netted $188,815, and another 's YouCaring.com fundraiser
brought in $157 955. "Don' t Let These Sweet Cavaliers go to a Disreputable Home," a rescuer wrote on
the Y ouCaring.com site, warning donors of the "many other Jess than reputable breeders at this auction."
For the first few hours that day in Missouri, rescuers won every bid. Then Will Yoder, the
Cavalier breeder from Iowa, broke through. He says he does not support or usually attend auctions, so he
can still remember the moment that he won two Cavaliers, for $3 ,600 and $3,950.
"There was just dead silence," Yoder says. "This was, like, the first dog that went to a breeder
that day . The pressure was on. The first dog just went to a horrible puppy mill. That's what they' re
thinking."
"The Beware page and the information posted by others lacked any factual support and the
unconscionable allegations contained therein were and are false, defamatory and libelous," the plaintiffs
complaint states.
Documents show that bidders now affiliated with the nonprofit Cavalier Rescue of Alabama,
where Ingram is listed as animal welfare rogram director, have aid $406,872 buying 172 dogs and
pup ies at auction since 201 4- an average rice of $2,365 per dog. Last year, more than half the dogs
the nonprofit group says it saved were bought at auction, according to a link the group posted on
Facebook showing that it has placed dogs in homes in 14 states.
As for the two Cavaliers bought for $24,200, Ingram adopted one, and another rescuer adopted
the other, both animals becoming personal pets, court documents show. Ingram and the other adopter each
paid a $300 fee.
Lisa Thompson, co-founder of Cavalier Rescue of Alabama, said that on the advice of legal
counsel, no one from her group would respond to The Post' s questions.
Yoder was thrilled to talk. He said he could not believe so much money was raised so quickly, or
that he ended up with so much of it, given to him by people who say they despise commercial breeders.
"I was just like," he pauses, chuckling, ''this is crazy."
An elusive marketplace
Rescue groups generally are organized as nonprofit charities and raise money through
fundraisers, adoption fees, grants and bequests. Shelters and rescue groups connected to the auction
bidders have annual revenue that runs from $12,000 to $1 .5 million, and they charge adoption fees that
range from $50 to $1 ,000 per dog. The individuals who run these organizations receive salaries as high as
$78,000, but many receive no compensation, according to tax forms.
The rescue movement used to include only shelters, but today it has an expansive network of
home-based nonprofits, too. The noticeable increase in the number of such rescuers at the Missouri
auctions began around 2005, about the same time that the nation ' s rescue movement began to evolve.
That is also about the time that self-described "puppy mill rescue" began to move into the mainstream.
Soc ial media is boosting the ·'puppy mi ll rescue" movement today, with some rescuers seeking
donations s ec ifica lly to buy auction dogs. Amanda Giese, fo under of Panda Paws Rescue in Washougal ,
Wash., r.osted several Facebook videos after s ending $ 18, 140 buying 32 dogs at the Southwest auction
on Feb. 18, 20 17, an invoice shows. Giese tells viewers, sometimes through tears, that she bought th
dogs to save them from lives of sickness and torment in faci lities with 400, 500 or 600 dogs that live in
dogs." Invoices show that Strader paid breeders nearly $44,703 for 193 dogs at 11 auctions from 2014 to
2016; prices ranged from $1 (for a Chihuahua) to $1 ,325 (for a golden retriever), for an average price of
$231 per dog.
"At least half of that money was groups that asked me to get dogs for them," Strader said.
Rescuers told The Post it is a common practice for rescuers to buy dogs for others. Strader used to get
"penny dogs" with her personal money at Southwest before about 2013 , she said, and today is disgusted
by the large amounts she sees some rescuers spending.
"It became all the rage for rescuers to show up," Strader said. "They ' re creating an industry inside
the industry. It's really, really wrong."
Strader is among those who say buying dogs for high prices at auction is not a form of rescue at
all : "People who call this puppy mill rescue? That' s not honest. It' s just not."
"The rescuers come in here with more money than the breeders." Hank Grosenbacher, owner of Heartland Sales
The owners of Southwest Auction Service and Heartland Sales say the auction business is well
regulated and humane.
Most breeders used to reserve all of their pup ies and younger dogs for pet-store brokers and
consumers. Now, at least some are taking them to auctions to sell to rescuers, Grosenbacher and some
rescuers say .
"Originally, rescues attended auctions to get the old and the sick dogs, and we paid very little for
them," says Penny Reames, a Kansas rescuer who has attended the auctions for a decade, transferring the
dogs to Northern New England Westie Rescue in New Hampshire, which adopts them out for as much as
$1 ,000 apiece. "We don't see those dogs so much anymore. Now it is primarily puppies who did not get
bought by the brokers for one reason or another."
At Heartland, owner Grosenbacher said, rescuers bid against each other for designer crossbred
puppies such as morkies and puggles, and breeders consider the rescuers to be a reliable market for those
pups because adopters clamor for them, making them a "cash cow" in the rescue community.
"That's the one thing that rescues will get in competition over," he says. "They' ll stand right
there and look each other in the eye and outbid each other. By and large, it' s the rescuers knocking each
other out."
Numerous rescuers told The Post that before every auction, in a secret Facebook group and in
person, rescuers meet to decide who will bid on which dogs, so they do not bid against one another. But
Dimon, the Akita rescuer, says the longtimers do not always recognize the newcomers - who, upon
seeing auctions for the first time, are so eager to "save" every dog that they will pay just about anything.
One auction seller who got some of that rescue cash was Gary Phillips of Adair, Okla., a district
president with Northeast Oklahoma Pet Professionals. He is on the ASPCA's "No Pet Store Puppies"
warning website.
Phillips said Cramer paid him more than he could have made selling the same dog through a pet
store. Documents show that she paid $1,7 50 for his 19-month-old English bulldog, which was too old for
pet-store consumers and had allergies that diminished her breeding prospects.
Cramer said her single venture into buying at auction would be her last. The founder of Road
Dogs & Rescue, while happy with the outcome for the dogs, called the experience "a painful lesson,"
adding, "It' s too easy for rescues to be ruled by wanting to save a life at any cost."
Phillips said that he was surprised and pleased with the price the rescuer paid, and that at least
one colleague had taken note - not of the laws being enacted to try to shut down commercial breeders,
but instead of where their new cash flow was emerging.
"A breeder friend of mine said she's thinking about saving her puppies until they get about a year
old and take them to the auction," Phillips said. "The rescue people will pay more than the pet-store
brokers."
Nationwide advocacy groups that support the pet-store bans include Bailing Out Benji, an Iowa
based nonprofit that promotes pet-store protests. Its website home page urges readers to watch a 2015
documentary that "educates about the puppy mill industry and the money that keeps it thriving."
But the group's site says nothing about rescuers such as Terra Henggeler, who is the Nebraska
team leader for Bailing Out Benji, according to recent news reports . A 2017 story quoted her at a pet-store
protest in Omaha telling the media that she and other rescuers had to "fight for those dogs" inside because
the shop bought puppies from " less than desirable breeders."
Less than a month before and again after that protest, documents show, Henggeler bought dogs at
Southwest, paying as much as $1 ,500 per dog; they were among 24 dogs that she has spent $24,255 to
purchase at auction since 2016, some as young as 5 months old.
Henggeler and Bailing Out Benji did not respond to requests for comment.
Bob Hughes, Southwest's owner, says that what goes on at the auctions shows that nobody has
the moral high ground in America's puppy wars.
"In their minds, the rescuers think they ' re better," he says. "The industry is all alike. We're all
supplying puppies and dogs to the general public in some form or fashion. "
About this story This investigation is based on hundreds of documents provided by an industry insider and additional open-records documents from numerous states, and more than 60 in-person, phone and email interviews with rescuers, breeders, animal advocates and auctioneers. It is the first time that anyone has ever documented- in dollars and cents- the multimillion-dollar river of cash that is flowing from rescue nonprofits, shelters and dog-advocacy groups through auctions into the pockets of dog breeders.
New Str ides jn Spaying and Neutering - The New York Times 4/10/18, 2:20PM
WELL PETS
New Strides in Spaying and Neutering By Douglas Quenqua December 2, 2013 3:17 pm
Todd Bruce, a herd manager on a farm in Oregon City, Ore., had long resisted neutering his 5-year-old Australian cattle dog, Cody, for fear of losing the extra set (or two) of legs in the field.
"I just wanted him to maintain his working abilities," said Mr. Bruce, 28. "I've
had other dogs neutered that have had a lot of weight gain, and their bodies go
through huge changes, and I didn't want that to happen with my dog this time."
Then Mr. Bruce's sister, a veterinary student, told him about Zeuterin, a drug
that sterilizes male dogs without the removal of the testicles, thus preserving some
testosterone production. In June, Mr. Bruce volunteered Cody for the procedure,
performed by veterinarians as part of a training program at a clinic in Portland.
The next day, Cody was back at work, enthusiastically rounding up livestock.
"It was quick, painless and super uninvasive," Mr. Bruce said. "He's mellowed
out a bit, but I haven't had the problems I had before."
The 40-year movement to convince Americans that they should spay or neuter
their pets has been nothing short of a triumph: 83 percent of owned dogs and 91
percent of owned cats are now spayed or neutered in the United States, compared
with only about 10 percent in the 1970s. But surgically removing the reproductive
organs of every pet is still time-consuming for veterinarians, unpopular among a
subset of pet owners and ethically troubling to animal welfare advocates.
It is also an impractical solution to sterilizing stray animals, which constitute
the bulk of America's nuisance animal problem. "Surgery is definitely a bottleneck
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New Slrides.in Spaying and Neutering - The New York Ti mes 4/10/18, 2:20PM
of Ark Sciences, which bought the rights to the drug and renamed it. "It's really a
procedure that has to be taught." The company is waiting for the Food and Drug
Administration to approve its manufacturing facilities so it can sell the drug in the
United States. Approval may come as early as this month.
Mr. Tosini, a former minister who was an original investor in N eutersol, said
Ark Sciences had learned from the mistakes of its predecessor. To provide
Zeuterin, veterinarians will have to complete a five-hour course that includes
injecting the drug into several dogs.
The idea that surgical castration causes weight gain or even behavioral
changes in dogs is still a matter of debate among veterinarians. Nonetheless, the
procedure remains unpopular among some pet owners who rely on their dogs for
hunting, sports or protection, who fear that castration could affect their pets'
performance.
Some owners simply cannot afford the procedure, which can cost upward of
$400 depending on the region (Ark Sciences plans to make Zeuterin available at
clinics for as little as $15). Other owners, particularly those with male dogs, make a
conscious choice not to sterilize.
"In certain cultures, and Latin cultures are among them, castration is really
viewed as very emasculating, and I think people identifY with their dogs," Dr. Levy
said.
Few other companies have shown much enthusiasm for walking the long,
expensive regulatory path required to get approval for nonsurgical sterilization
drugs- a process that takes five to seven years and can cost more than $10
million.
The perception, some researchers say, is that surgical spaying and neutering
are now just too deeply ingrained in veterinary practices.
"What I often hear from the big animal health company executives is, 'Well,
vets just like to spay and neuter dogs and cats, so there's no market for this,' " said
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New Strides in.Spaying and Neutering - The New York Times 4/10/18, 2:20PM . focusing its marketing efforts on early adopters, veterinarians like Dr. Levy who
already know the virtues of nonsurgical sterilants.
For many of them, the switch to a new neutering strategy will be like "giving
an airplane to people who are used to traveling by covered wagon," Mr. Tosini said.
A version of this article appears in print on 12/03/2013, on page 01 of the NewYork edition with the headline : A New Approach to an Old Pet Problem.
© 2017 The New York Times Company
4 One subscription. Endless discovery. SEE MY OPTIONS Subscriber login
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,. ' Puppy Mill' Breeders Become ' Rescues'- Are Pet Shop Bans a Political Hoax? 8/2 /18, 8 :58 AM
'Puppy Mill' Breeders Become 'Rescues'Are Pet Shop Bans a Political Hoax? PHYLLIS M. DAUGHERTY I 11 JUNE 2018
ANIMAL WATCH-"Puppy-mill" bans are increasingly being exposed as unable
to stop the commerce of mill-bred animals in cities/states where they have
been passed.
An in-depth Chicago Tribune investigation revealed on May 18, 2018, that several large-scale
commercial breeders have also been operating as "rescues" which offer puppies in restricted cities
from the same litter as those supplied to pet shops where bans do not exist.
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'Puppy Mill' Breeders Become 'Rescues ' - Are Pet Shop Bans a Political Hoax? 8 /2/1 8, 8 :58 AM
On December 21 , 2015, the Chicago City Council adopted Municipal Code §4-384-015 to
regulate "Retail Sales of Dogs, Cats, and Rabbits" in Chicago. Under the Ordinance, retail pet
stores in Chicago are only permitted to sell dogs and cats that come from "an animal control
center, animal care facility, kennel , pound or training facility operated by any subdivision of local,
state or federal government; or a humane society or rescue organization." In addition, any dog or
cat offered for sale in Chicago must have basic background information disclosed and displayed
on the animal 's cage. (Source: Illinois State Bar Association Animal Law Newsletter.)
On May 18, 2018, the Chicago Tribune posted the results of their investigation which determined
some breeders merely formed their own "rescue" organizations.
"Designer and purebred puppies from other states sold as rescue dogs in Chicago,
outsmarting city ordinance," the in-depth investigation by Tribunereporters Stacy St.
Clair and Christy Gutowski, reminds readers, "When the ordinance went into effect in 2015 to
prevent Chicago pet shops from obtaining dogs from puppy mills, pet shop owners warned that
typical rescue groups could never provide the kind of high-end , purebred and designer-mix
puppies customers wanted ."
As in Los Angeles , a loophole in the city's ordinance places no restrictions on how pets may be
supplied to rescues--both only require that "pet shops" must obtain animals from shelters, humane
societies or "rescues." (The LA ban adds that the "rescue" must be registered with LA Animal
Services, which only requires that it has a 501 (c)3 tax-exempt status with the IRS and engages in
early-age spay/neuter. It does not limit where the 'rescue' may obtain pets .)
MIDWEST BREEDERS ESTABLISH THEIR OWN 'RESCUES'
Records uncovered by the Chicago Tribune showed that , "rescues provide city shops each year
with hundreds of purebred and designer-mix puppies - all of which come through kennels and
properties owned by for-profit businesses or dealers."
The Tribune identified two dealers which established their own nonprofit rescues right after the
ordinance's passage and began supplying puppies to three Chicago pet stores. "In the past two
years , Hobo K-9 Rescue in Britt , Iowa, and Missouri-based Dog Mother Rescue Society have sent
more than 1 ,200 dogs to the city stores but nowhere else in Illinois," they write .
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' Puppy Mill' Breeders Become 'Rescues'- Are Pet Shop Bans a Pol itical Hoax? 8/2/18, 8:58AM
That practice has now grown into what she calls "a nationwide shadow market," fueled by the
rescuers' ability to raise enormous funding over the Internet, and the practice no longer applies to
over-bred , injured or sick dogs, but extends to pregnant purebreds and litters of puppies. She
writes that unending streams of Internet crowdfunding donations to "save" these dogs now allow
some "rescuers" to pay breeders $5,000, or more, for a single dog.
"The rescuers call many breeders heartless operators of inhumane 'puppy mills' and work to ban
the sale of their dogs in brick-and-mortar pet stores. The breeders call 'retail rescuers' hypocritical
dilettantes who hide behind nonprofit status while doing business as unregulated, online pet
stores," Kavin writes , adding that some breeders say an increasing number of puppies are being
bred for sale to rescuers.
The Post article reveals that, according to actual records of sales, 86 rescue/advocacy groups -
including some in California -- and shelters throughout the United States and Canada have spent
$2.68 million buying 5,761 dogs and puppies from breeders since 2009 at the nation 's two
government -regulated dog auctions. Most of the dogs were then offered to the public for adoption
as "rescued" or "saved." (Read more Citv._Watch.)
DANGERS OF 11 RETAIL RESCUES .. BEING EXEMPT FROM REGULATION
The Phenomenon called "Retail Rescue" I Animal Law Update, (2014) by Nancy E. Halpern,
D.V.M., provides some disturbing but important facts and warnings:
"Movement and sales of dogs through 'rescue channels' continues to explode," she writes, "While
more and more cities and states are restricting sales of dogs in pet stores to those obtained from
animal shelters and rescue groups, the actual source of these dogs remains obscure. Yet, there is
mounting evidence that movement through 'rescue channels' includes individuals or organizations
involved merely for the profit, hence the name 'Retail Rescue.' The dogs may be coming from the
very same unscrupulous dog breeders these laws are intended to put out of business."
Dr. Halpern states that in the states that actually tracked the importation of dogs for adoption
nationwide in 2012W, the following figures was astounding: 15,000 dogs imported to Connecticut
through "rescue channels"; 90,000 were received in Colorado; and 130,000 were received in
Virginia.
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' Puppy Mill' Breeders Become 'Rescues'- Are Pet Shop Bans a Political Hoax? 8/2/18, 8 :58AM
to trust "rescues" endorsed by local laws.
Politicians throughout the country that are eager to jump on the "ban puppy-mills" wagon, need to
take a closer look at the source and movement of dogs through "rescue channels," as Dr. Halpern
advises.
In view of the revelations regarding the sourcing of puppies from "puppy mills" by rescuers and
the Chicago Tribune 's identification of the sale of puppies through "puppy-mill rescues," legislators
must focus their good intentions on health regulations and regular veterinary visits as a prime
concern to help ensure the proper care of these vulnerable animals and to prevent the spread of
disease.
This must be made part of an overall initiative by elected and appointed officials to protect the
health and well -being of all pets and their humans in the U.S. And , it should start NOW -- unless
"puppy-mill bans" are just a self-aggrandizing hoax!
(Phyllis M. Daugherty is a former City of LA employee and a contributor to CityWatch.) Edited for
CityWatch by Linda Abrams.
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Petland has been the leader in Pet .Retail for over
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Petland Bradenton is locally-owned and operated, providing quality pets and great customer service
to our community since 2001.
Steve and Taylor visiting
with Conrads family and
friends I Petland Bradenton
partners with only
the highest quality
breeders.
Visiting the Buening's
amazing kennel
Taylor and Steve visiting a Corgi Breeder
Apparently,
Bulldogs love their wrinkles
rubbed!
Taylor and Steve visiting with Deb
Smith!
Whether it's hobby breeders, or
licensed profession·al breeders -
WE ONLY WORK WITH THE BEST!
Good Morning.
Thank you for allowing me to speak.
I am speaking in opposition to a pet sales ban in Manatee County.
46% of people acquiring a pet prefer to buy from a pet store or responsible breeder. Pet
stores and their puppy suppliers are required to comply with federal, state and/or local laws.
Laws that are set and regulated by the government, whether it be the USDA, or the Department
of Fish and Wildlife, or other government entities, should be trusted to be necessary and
substantial. Pet stores are an accountable source for pets with the majority providing
warranties. Pet stores also add to the local economy. These are legitimate businesses that
bring a steady tax revenue and build the local economy with the owners purchasing supplies,
veterinary services, grooming, daycare, etc. Banning pet sales would prevent responsible pet
stores from selling pets which would open the door to an underground unregulated market.
While a pet sales ban would frequently begin with dogs and cats there would soon be other
animals added to this list. Also, a pet sales ban would go against animal welfare issues. Those
who actually care about the welfare of animals work to raise the standards and eliminate pet
providers who don't maintain acceptable standards. Blanket pet sales bans do not advance the
standards of care for pets. Florida has one of the largest numbers of pet stores in the country.
Those in the pet retail industry believe the pet sales ban punish those who aren't at fault in the
system rather than fix the problems. A ban will force individuals who commercially breed
animals to turn to the internet and other unregulated means of selling their animals. This ban
will more than likely lead to the closing of established, reputable businesses in Manatee county
or it will lead to businesses relocating out of the county which means Manatee county loses
that revenue. Banning pet sales would be detrimental to both pets and those who buy pets.
This ban would shut down people who run good, honest businesses, hurting the local economy
and the citizens of Manatee county. Pet shops and breeders will not add to the overpopulation
of pets. A responsible person looking for the perfect pet, spending time searching and money
buying that perfect pet will not subsequently dispose of that pet in a shelter. Th is ban will also
do damage to responsible licensed breeders who carefully breed the specialty purebred dogs
that are needed to become working pets.
In 2016, a draft ordinance that did not advance contained the following provision. "It is in the
interest of the public health, safety and general welfare of the citizens of Manatee County to
enact this article to regulate, restrict, or prohibit, if necessary, THE OWNERSHIP OF ANIMALS.
This is the agenda of animal rights extremists. To end all human- animal interaction and bonds
forever. A pet sales ban is just the first step to pushing this agenda. This would mean the loss
of many important animals, including service animals, therapy animals, seeing eye dogs, guard
dogs, police dogs, and even the family pet. Animals are so important to all of us. Losing the
right to be able to purchase the animal of your dreams would be devastating to all. People
should be able to choose the type of pet they want and where they can purchase that pet. A
ban of this nature would affect so many including thriving businesses, small local businesses,
reputable pet stores and responsible breeders. It could and will most likely be the beginning of
the loss of our loving pets as we know it.
I therefore respectfully ask that you also oppose any "Pet Sales Ban" .
Please accept this letter into the Public Record to be included in any hearing studies and/or
reports pertaining to this issue.
Thank you for your time.
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