puppy mills in new york state

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


HOW D

ID I

GET IN

VOLVED?


BARNEY MCGUIRE


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


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 FINGER LAKES SPCA FOUND:

77 miniature schnauzer dogs and puppies living in filth covered with feces and mats, with rats, mice and insects



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


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?


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


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



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.


ABOUT TH

E PET

DEALER

PROGRAM


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)


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.


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


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.


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.


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.



Total:

287 LICENSED PET DEALERS


287 x

$100/annual fee=

$28,700

WHAT

IS W

RONG WIT

H

THE L

AWS


No penalty for unlicensed operation


Department has no authority to enter premises of or to investigate complaints about unless a facility is licensed


There is no coordination with state and local police and SPCAs when cruelty or neglect is noted or complaints are filed


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 law only regulates RETAIL sales, leaving the largest commercial breeders and distributors to the USDA


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.


Too easy to become exempt as a “rescue” - Only need to incorporate as a non-profit –$75.00


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 Care Standards

• Only apply to licensed pet dealers


The Care Standards

Not relevant to “show” and other small volume breeders: for example, it require that animals be in cages


The Care Standards

Derived from the USDA requirements, which DO NOT apply to pet stores or small volume breeders


Problems with administration:

Inspections cover only the care standards and paperwork requirements



Selling sick animals and other violations of are not cited or investigated – consumers are just referred to other agencies



Other laws, such as collection of sales tax, rabies vaccinations or USDA requirements, are not reported to authorities



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


PAWS OF APPROVAL


And the number one reason that the program does not work ----


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.)


SUGGESTIONS F

OR

CHANGE


• Create penalties for unlicensed operation

• Increase the penalties for violations


• Revise definitions to include all sales, not just to the public

• Include shelters and rescues


• Require all dealers to register and comply with the law

• Consider exempting small volume breeders from routine inspection, but subject to inspection on complaints


LINKS

Animal Issues Laws and Regulations:

http://www.agmkt.state.ny.us/AI/Laws_and_Regulations.html


LINKS

NYS licensed Pet Dealers:

General Information:

http://www.agmkt.state.ny.us/AI/small_animals.html#1


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.)


LINKS

NYS Attorney General Pet Lemon Law www.ag.ny.gov/bureaus/

consumer_frauds/tips/pet_lemon_law.html


LINKS

AVMA model law and regulation

http://www.avma.org/onlnews/javma/jun10/100601d.asp

BARNEY MCGUIRE

TODAY

MARY ANNE K

OWALS

KI


MA

K OW

AL S

KI @

NY C

AP. R

R. C

OM

puppy mills in new york state

Documents

capital region

dealerthe humane society

american society

humanelaw officers

incorporated humane

dutchess county society

pet fashion

animals available