PUPP
Y MILL
S AND P
ET STO
RES: WHAT
’S W
RONG WIT
H THE
LAW
S AND C
AN THEY
BE FIX
ED?
THE N
EW Y
OR
K STAT E P
E RS P E C
T I VE
The humane society of the Capital Region
HUDSON VALL
EY COMMUNIT
Y COLL
EGE
TR
OY
N
Y
NO
VE
MB
ER
7
,
20
11
The humane society of the Capital Region
HOW D
ID I
GET IN
VOLVED?
The humane society of the Capital Region
BARNEY MCGUIRE
The humane society of the Capital Region
SIGNS I MISSED
• Wanted cash for final payment• Did not collect sales tax• Wouldn’t let me visit the kennel• Met me on the Thruway “for my
convenience”• Never sent AKC papers• Stopped responding to emails,
phone calls and letters
The humane society of the Capital Region
WHAT I DISCOVERED
• High volume –whelped 5 litters in one month
• Health problems • Stopped showing her dogs• Advertising heavily on the internet• There were other complaints,
including a litter freezing to death
The humane society of the Capital Region
THE FINGER LAKES SPCA FOUND:
77 miniature schnauzer dogs and puppies living in filth covered with feces and mats, with rats, mice and insects
The humane society of the Capital Region
The humane society of the Capital Region
OUTCOME CRIMINAL CASE
• One count of disorderly conduct
• Dogs surrendered to SPCA• No animals for one year• $250 fine and $100 surcharge
October 4, 2004
The humane society of the Capital Region
OUTCOMEPET LEMON LAW
• $30,000 + in restitution to purchasers who did not get promised AKC registrations (paid in 2009)
• $2000 in civil fines and $2000 in court costs
HOW D
O WE K
NOW T
HE
LAW
S STILL
DO N
OT
WORK?
The humane society of the Capital Region
Animal rescuers removing dogs from Oppenheim “shelter”
March 10, 2011 - By BILL PITCHER, The Leader-Herald
OPPENHEIM - Officials from the American Society for the Prevention of Cruelty to Animals and the Montgomery County SPCA are removing close to 100 dogs from the Help A Hound dog rescue today.
The effort began Wednesday at Help A Hound, which operates out of a 1,050-square-foot Lotville Road home
The humane society of the Capital Region
Pet Fashion in Galleria faces 70 charges over sick puppies
12:53 AM, Mar. 13, 2011
Humane-law officers have brought dozens of new charges, including felonies, against a Poughkeepsie Galleria pet store in an ongoing animal-cruelty investigation, according to the Dutchess County Society for the Prevention of Cruelty to Animals.The owner, district manager and several employees of Saddraqq Pets of Poughkeepsie — doing business as Pet Fashion in the town mall — will appear in court this month and on April 12 facing a total of 70 charges. They were arraigned in the Town of Poughkeepsie Court on Tuesday accused of selling contagiously ill puppies, providing inadequate veterinarian care and forging medical records
The humane society of the Capital Region
The humane society of the Capital Region
ROMULUS BREEDER GASSED 93 DOGS
EX-OWNER OF HUGE DOG KENNEL BARRED FROM BUSINESSPosted: Nov 05, 2011
NEW YORK MILLS, Minn. (AP) - The former owner of a large Minnesota commercial dog kennel has been has permanently been barred from selling dogs to other businesses because of continuing cruelty complaints.
The Forum of Fargo, N.D., reports reports Kathy Bauck has been barred from future commercial production or resale of dogs to shops or sellers. U.S. Department of Agriculture documents show her license had been previously suspended for two years.
Her business, Pick of the Litter kennel in New York Mills, was once 1 of the nation's USDA-licensed largest dog breeders. The agency says it sold between 3,000 and 4,000 animals a year at one point.
The humane society of the Capital Region
ABOUT TH
E PET
DEALER
PROGRAM
The humane society of the Capital Region
NYS LAWS AFFECTING PET DEALERS
NYS Ag and Markets Law:• Article 26 A Pet Dealers• Article 26 Cruelty to Animals
General Business Law• ARTICLE 35-D Sale of Dogs and Cats • (Pet Lemon Law)
The humane society of the Capital Region
DEFINITION OF TERMS
USDA:People who sell animals bred at their
facility (a class “A” licensee) or people who buy and sell animals they did not raise (a class “B” licensee) are both considered dealers under the AWA. Examples of dealers include commercial dog-breeding facilities and exotic animal auctions.
The humane society of the Capital Region
DEFINITION OF TERMS
USDA: The term “dealer” does not
include a retail pet store unless such store sells any animals to a research facility; an exhibitor, or to a dealer
The humane society of the Capital Region
DEFINITION OF TERMS
NEW YORK STATE:
"Pet Dealer" means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public.
The humane society of the Capital Region
DEFINITION OF TERMSNEW YORK STATE:
Includes breeders who sell or offer to sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals.
The humane society of the Capital Region
DEFINITION OF TERMS
NEW YORK STATE:
Such definition shall further not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.
The humane society of the Capital Region
The humane society of the Capital Region
The humane society of the Capital Region
Total:
287 LICENSED PET DEALERS
The humane society of the Capital Region
287 x
$100/annual fee=
$28,700
WHAT
IS W
RONG WIT
H
THE L
AWS
The humane society of the Capital Region
No penalty for unlicensed operation
The humane society of the Capital Region
Department has no authority to enter premises of or to investigate complaints about unless a facility is licensed
The humane society of the Capital Region
There is no coordination with state and local police and SPCAs when cruelty or neglect is noted or complaints are filed
The humane society of the Capital Region
Breeders are allowed to keep operating until they are in compliance and can be licensed
There seems to be no limit to the number of unsatisfactory inspections
The humane society of the Capital Region
The humane society of the Capital Region
The law only regulates RETAIL sales, leaving the largest commercial breeders and distributors to the USDA
The humane society of the Capital Region
The law does not require pet stores to obtain puppies from USDA
licensed facilities, only to keep accurate records of the acquisition.
§ 402. Records of purchase and sale.
The name and address of the person from whom each animal was
acquired. If the person from whom the animal was obtained is a dealer
licensed by the United States department of agriculture, the person's
name, address, and federal dealer identification number.
The humane society of the Capital Region
Too easy to become exempt as a “rescue” - Only need to incorporate as a non-profit –$75.00
The humane society of the Capital Region
Breeders are presumed to be exempt…..unless the Pet Dealer program can document the sale or offering for sale of more than 25 dogs…in a calendar year
The humane society of the Capital Region
The Care Standards
• Only apply to licensed pet dealers
The humane society of the Capital Region
The Care Standards
Not relevant to “show” and other small volume breeders: for example, it require that animals be in cages
The humane society of the Capital Region
The Care Standards
Derived from the USDA requirements, which DO NOT apply to pet stores or small volume breeders
The humane society of the Capital Region
Problems with administration:
Inspections cover only the care standards and paperwork requirements
The humane society of the Capital Region
Problems with administration:
Selling sick animals and other violations of are not cited or investigated – consumers are just referred to other agencies
The humane society of the Capital Region
Problems with administration:
Other laws, such as collection of sales tax, rabies vaccinations or USDA requirements, are not reported to authorities
The humane society of the Capital Region
Problems with administration:
Local zoning is not checked – one breeder got a license in a residential area of Albany, where kennels are not allowed; breeders in rural areas are using the state license to get special use permits for zoning approval
The humane society of the Capital Region
PAWS OF APPROVAL
The humane society of the Capital Region
And the number one reason that the program does not work ----
The humane society of the Capital Region
THE DEPARTMENT DOES NOT WANT IT
“The only solution I can see down the road is to turn enforcement over to either a larger agency with more resources, or a non-governmental organization. . . “
(Source: Personal correspondence with Ag and Markets executive.)
The humane society of the Capital Region
SUGGESTIONS F
OR
CHANGE
The humane society of the Capital Region
• Create penalties for unlicensed operation
• Increase the penalties for violations
The humane society of the Capital Region
• Revise definitions to include all sales, not just to the public
• Include shelters and rescues
The humane society of the Capital Region
• Require all dealers to register and comply with the law
• Consider exempting small volume breeders from routine inspection, but subject to inspection on complaints
The humane society of the Capital Region
LINKS
Animal Issues Laws and Regulations:
http://www.agmkt.state.ny.us/AI/Laws_and_Regulations.html
The humane society of the Capital Region
LINKS
NYS licensed Pet Dealers:
General Information:
http://www.agmkt.state.ny.us/AI/small_animals.html#1
The humane society of the Capital Region
LINKS
NYS licensed Pet Dealers Search:
http://www.agmkt.state.ny.us/petdealer/petdealerextract.asp
(Note, this site is NOT maintained by the program, but another division. The information is OFTEN incorrect.)
The humane society of the Capital Region
LINKS
NYS Attorney General Pet Lemon Law www.ag.ny.gov/bureaus/
consumer_frauds/tips/pet_lemon_law.html
The humane society of the Capital Region
LINKS
AVMA model law and regulation
http://www.avma.org/onlnews/javma/jun10/100601d.asp
BARNEY MCGUIRE
TODAY
MARY ANNE K
OWALS
KI
The humane society of the Capital Region
MA
K OW
AL S
KI @
NY C
AP. R
R. C
OM
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