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cesar49 · 07-27-2008, 10:18 PM

Pet Store Laws
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The solution: RESCUE!!

We believe that living beings should not be sold for profit in pet stores. Unfortunately, most current laws reflect the view that animals are property. We do not expect the law to close down bad pet stores; we count on the public to stop shopping at them. However, there are some laws on the books to prevent extreme cruelty, and the animals only suffer more if we fail to use them. Don't assume that your local pet store is obeying the law or that it is inspected regularly by Animal Control. Often a citizen's complaint is the only thing that brings Animal Control into the store. Contact your local Animal Control, the police, or a Humane Investigator for a local animal protection group to report violations. Local Animal Control may call in the State Veterinarian's Office to help interpret and enforce state laws. You may need to complain numerous times.

Contrary to popular belief, the federal Animal Welfare Act does not apply to animals in retail pet shops except when they are selling certain "exotic" or wild animals.

TO RESEARCH THE PET SHOP LAWS IN YOUR STATE, check out the Animal Protection Institute's useful information at The Current State of Pet Shop Laws.

Also check the brief summaries at
Stop Puppy Mills | The Big Picture

However, if you want to be sure you've got every law that might apply, you probably will need to slog through your state's legal code yourself by going to FindLaw for Legal Professionals | State Resources (don't use "www") and finding the list of states. Click on your state, then click on "Primary Materials" and look for something that says "Code" in it. Then use "search" to search through your state legal code for things like pets, dogs, animals, cruelty until you're confident you've got all the laws that might apply. Also check the "consumer protection" section, which may be where the puppy lemon laws are located.

******************************************

Fall 2007: There was an interesting case on "The People's Court" with Judge Marilyn Milian. The plaintiffs were a couple who bought a Yorkie puppy for $1,000 from a New York City breeder, Ken Yarow of Ken's Pets (not a pet store).

According to the plaintiffs, the puppy was very lethargic the day after she was purchased, and they took her to the emergency vet. At that time the vet was not sure what was wrong with the puppy, and the puppy went back home. 12 days after the date the puppy was purchased, the puppy was crying and again extremely lethargic. They brought her to the vet, and hepatic shunt was the presumptive diagnosis, meaning that the liver was not correctly filtering food. The vet said they could try to save the puppy but that since she was severely underweight, she probably wouldn't survive. The puppy was euthanized. The vet bills totaled $864. The couple was suing for the cost of the puppy, vet bills, pain and suffering, and the cost of a new puppy, totaling $5,000.

When the puppy first became sick, the plaintiffs notified the breeder, and the breeder said to bring the puppy back to him and that he would either make the puppy healthy, replace the puppy with another, or give them a refund. The puppy's guardians opted NOT to bring the puppy back to the breeder, a two-hour trip, because they and their vet both felt that it would not be in the best interest of the puppy. Since the plaintiffs refused to bring the puppy to him, trusting their own vets instead, the breeder said, "If you can't follow the contract, there's nothing I can do."

Judge Marilyn and the breeder then discussed the breeder's contract. The breeder said, "This is drawn up by the United States Department of Agriculture. This is a contract they make breeders use." Judge Marilyn said, "There's no way that what you said could possibly be true." She continues, "Your contract is filled with things that are not New York law. Number one--your contract says that you only cover the following congenital diseases, and you list some diseases. YOU CAN'T LIMIT WHICH CONGENITAL DISEASES BECAUSE NEW YORK LAW DOESN'T LIMIT IT. IT SAYS ANY CONGENITAL DISEASE." [emphasis ours--petstorecruelty]. "Number 2--your contract says that the health conditions must be verified at a designated veterinarian office by Ken's Pets before any replacement puppy is offered. It is true that you have the right under New York law to, if you're going to refute what they're saying, to go ahead and have it verified by your [vet], but they also have a right to pick THE VETERINARIAN OF THEIR OWN CHOOSING. Then you say, "We do not cover the following puppyhood diseases-kennel coughs, colds, or hypoglycemia." THIS IS UNTRUE." She says that according to New York state law, a vet can declare a puppy unfit for purchase because of ANY ILLNESS.

Judge Marilyn says of this contract, which attempts to limit the breeder's responsibility, "It lies. It lies that you're limited to that and that and that you can't cover hypoglycemia." She says, "There's two things that are going to govern what I decide here. One is New York law, and the other is UCC law, the Uniform Commercial Code." She says, "The law wants to make sure that there is this IMPLIED WARRANTY OF MERCHANTABILITY. THAT MEANS YOU ARE SELLING ME WHAT YOU SAY YOU'RE SELLING ME. AND IF IT TURNS OUT THAT I DON'T GET WHAT YOU SAY YOU'RE SELLING ME, WHICH IS A HEALTHY DOG, THEN I SHOULD BE ABLE TO SUE YOU."

Judge Marilyn ruled in favor of the plaintiffs, saying, "Because this dog died and you are out the value of the dog as well as the vet bills, under the Uniform Commercial Code, which New York abides by, I am going to find in your favor in the amount of $1,000 that you paid for the animal as well as the $864 for the vet bills." She did not award any money for pain and suffering of the puppy or the couple, because animals are considered property, and she did not award them the price of a new puppy because that would be giving them a puppy for free.

You can read Article 2 (which deals with sales) of the Uniform Commercial Code at Uniform Commercial Code - Article 2. You can read New York's Article 35-D of the General Business Law relating to the sale of dogs and cats at http://www.agmkt.state.ny.us/AI/AGM_Art_35D.pdf.

******************************************

If you live in Virginia, check to see if your local pet store is violating these laws:

1) Do you see any animals whose legs are falling through the wire mesh floors, making it painful and difficult for them to walk? This is prohibited by sections 3.1-796-71 and 3.1-796.66 of the Virginia Code. Pet stores are required to provide adequate shelter. Shelters whose wire, grid, or slat floors permit the animals' feet to pass through the openings are not adequate shelter.

Our local Petland was violating this law. They have since switched to slightly smaller mesh in some of the cages. It's still uncomfortable for the puppies' feet, but in general they're not falling all the way through.

2) Do the puppies and kittens have a solid resting platform large enough to lie on in a normal manner? This is required by sections 3.1-796.71 and 3.1.796.66.

great info on this site

07-27-2008, 10:18 PM	#6
cesar49 Donating YT 1000 Club Member Join Date: Mar 2008 Location: eagles nest ohio Posts: 1,325 Blog Entries: 1	found this website Pet Store Laws Home Boycott Petland Pet Store Hall of Shame, part 1 Pet Store Hall of Shame, part 2 USDA Violations by Petland Breeders USDA Records on Various Breeders How to find out more about your puppy's breeder Do Petland puppies really come from LICENSED breeders? Hunte Corp. Puppy Mill Links 14-Day Heartache Guarantee Protesting for Beginners Find a group near you Shelters Adoption info and links to rescue groups Low-cost Spay/Neuter Links About Us FAQ What You Can Do Rabbit Mills Bird Mills Ferrets Reptiles Pet Store Laws En español Contact us Poems, etc. Former pet store employees speak out Buying puppies online--buyer beware Pet Stores and Puppy Mills in the News Animal sellers in Washington DC area Pet supply stores that DON'T sell animals--the good guys Puppy mill survivor stories Shop Donate The solution: RESCUE!! We believe that living beings should not be sold for profit in pet stores. Unfortunately, most current laws reflect the view that animals are property. We do not expect the law to close down bad pet stores; we count on the public to stop shopping at them. However, there are some laws on the books to prevent extreme cruelty, and the animals only suffer more if we fail to use them. Don't assume that your local pet store is obeying the law or that it is inspected regularly by Animal Control. Often a citizen's complaint is the only thing that brings Animal Control into the store. Contact your local Animal Control, the police, or a Humane Investigator for a local animal protection group to report violations. Local Animal Control may call in the State Veterinarian's Office to help interpret and enforce state laws. You may need to complain numerous times. Contrary to popular belief, the federal Animal Welfare Act does not apply to animals in retail pet shops except when they are selling certain "exotic" or wild animals. TO RESEARCH THE PET SHOP LAWS IN YOUR STATE, check out the Animal Protection Institute's useful information at The Current State of Pet Shop Laws. Also check the brief summaries at Stop Puppy Mills \| The Big Picture However, if you want to be sure you've got every law that might apply, you probably will need to slog through your state's legal code yourself by going to FindLaw for Legal Professionals \| State Resources (don't use "www") and finding the list of states. Click on your state, then click on "Primary Materials" and look for something that says "Code" in it. Then use "search" to search through your state legal code for things like pets, dogs, animals, cruelty until you're confident you've got all the laws that might apply. Also check the "consumer protection" section, which may be where the puppy lemon laws are located. **************************************** Fall 2007: There was an interesting case on "The People's Court" with Judge Marilyn Milian. The plaintiffs were a couple who bought a Yorkie puppy for $1,000 from a New York City breeder, Ken Yarow of Ken's Pets (not a pet store). According to the plaintiffs, the puppy was very lethargic the day after she was purchased, and they took her to the emergency vet. At that time the vet was not sure what was wrong with the puppy, and the puppy went back home. 12 days after the date the puppy was purchased, the puppy was crying and again extremely lethargic. They brought her to the vet, and hepatic shunt was the presumptive diagnosis, meaning that the liver was not correctly filtering food. The vet said they could try to save the puppy but that since she was severely underweight, she probably wouldn't survive. The puppy was euthanized. The vet bills totaled $864. The couple was suing for the cost of the puppy, vet bills, pain and suffering, and the cost of a new puppy, totaling $5,000. When the puppy first became sick, the plaintiffs notified the breeder, and the breeder said to bring the puppy back to him and that he would either make the puppy healthy, replace the puppy with another, or give them a refund. The puppy's guardians opted NOT to bring the puppy back to the breeder, a two-hour trip, because they and their vet both felt that it would not be in the best interest of the puppy. Since the plaintiffs refused to bring the puppy to him, trusting their own vets instead, the breeder said, "If you can't follow the contract, there's nothing I can do." Judge Marilyn and the breeder then discussed the breeder's contract. The breeder said, "This is drawn up by the United States Department of Agriculture. This is a contract they make breeders use." Judge Marilyn said, "There's no way that what you said could possibly be true." She continues, "Your contract is filled with things that are not New York law. Number one--your contract says that you only cover the following congenital diseases, and you list some diseases. YOU CAN'T LIMIT WHICH CONGENITAL DISEASES BECAUSE NEW YORK LAW DOESN'T LIMIT IT. IT SAYS ANY CONGENITAL DISEASE." [emphasis ours--petstorecruelty]. "Number 2--your contract says that the health conditions must be verified at a designated veterinarian office by Ken's Pets before any replacement puppy is offered. It is true that you have the right under New York law to, if you're going to refute what they're saying, to go ahead and have it verified by your [vet], but they also have a right to pick THE VETERINARIAN OF THEIR OWN CHOOSING. Then you say, "We do not cover the following puppyhood diseases-kennel coughs, colds, or hypoglycemia." THIS IS UNTRUE." She says that according to New York state law, a vet can declare a puppy unfit for purchase because of ANY ILLNESS. Judge Marilyn says of this contract, which attempts to limit the breeder's responsibility, "It lies. It lies that you're limited to that and that and that you can't cover hypoglycemia." She says, "There's two things that are going to govern what I decide here. One is New York law, and the other is UCC law, the Uniform Commercial Code." She says, "The law wants to make sure that there is this IMPLIED WARRANTY OF MERCHANTABILITY. THAT MEANS YOU ARE SELLING ME WHAT YOU SAY YOU'RE SELLING ME. AND IF IT TURNS OUT THAT I DON'T GET WHAT YOU SAY YOU'RE SELLING ME, WHICH IS A HEALTHY DOG, THEN I SHOULD BE ABLE TO SUE YOU." Judge Marilyn ruled in favor of the plaintiffs, saying, "Because this dog died and you are out the value of the dog as well as the vet bills, under the Uniform Commercial Code, which New York abides by, I am going to find in your favor in the amount of $1,000 that you paid for the animal as well as the $864 for the vet bills." She did not award any money for pain and suffering of the puppy or the couple, because animals are considered property, and she did not award them the price of a new puppy because that would be giving them a puppy for free. You can read Article 2 (which deals with sales) of the Uniform Commercial Code at Uniform Commercial Code - Article 2. You can read New York's Article 35-D of the General Business Law relating to the sale of dogs and cats at http://www.agmkt.state.ny.us/AI/AGM_Art_35D.pdf. **************************************** If you live in Virginia, check to see if your local pet store is violating these laws: 1) Do you see any animals whose legs are falling through the wire mesh floors, making it painful and difficult for them to walk? This is prohibited by sections 3.1-796-71 and 3.1-796.66 of the Virginia Code. Pet stores are required to provide adequate shelter. Shelters whose wire, grid, or slat floors permit the animals' feet to pass through the openings are not adequate shelter. Our local Petland was violating this law. They have since switched to slightly smaller mesh in some of the cages. It's still uncomfortable for the puppies' feet, but in general they're not falling all the way through. 2) Do the puppies and kittens have a solid resting platform large enough to lie on in a normal manner? This is required by sections 3.1-796.71 and 3.1.796.66. great info on this site __________________ Purchasing from backyard breeders, pet shops, and puppymills perpetuates the suffering of other dogs.