The Fairfax City Petland did not have any resting platforms in the puppies' cages when reported to Animal Control in June of 2004. Their response to Animal Control's warning was to place one or two hard pieces of plastic (not even completely solid), each piece about 1 foot square, inside each cage. Inadequate and uncomfortable as these platforms are, the smaller puppies are often seen curled up asleep on them; it's an improvement over constantly teetering on wire mesh. The larger puppies cannot possibly fit their bodies on the pieces of plastic, which are not even hooked together, but they do attempt to use them as chew toys, as there's nothing much else to do in their cage. Months after Petland was warned about this violation, a local citizen entered the store one night and found not a single platform in the cages, a finding confirmed by a police officer. Petland's excuse: the platforms were in the wash. They even admitted removing the platforms each night to avoid the extra cleanup required by the platforms.
3) If the store is selling registered purebreds (e.g., AKC and UKC), is it disclosing the name and address of its breeders, as well as the name and address of its broker (middleman between breeders and the store)? Both are required by section 3.1-796.78. Midwestern addresses are an important clue that puppies come from puppy mills, so the store may try to conceal this information.
Petland has cited a "strict privacy policy" regarding its breeders. In some cases, Petland has failed to provide this required information in a purchased puppy's registration papers. The State Vet's Office has made Petland aware of this law, and hopefully Petland is now letting people know its puppies are coming from Missouri, Arkansas, Nebraska, and other Midwestern states.
4) Are the animals given enough exercise? Sections 3.1-796.71 and 3.1-796-66 require that animals be given adequate exercise-"the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass."
Petland animals spend the vast majority of their time in cages just larger than their own bodies-not only at the store, but since they were born. How must this affect their developing lungs, bones, and muscles?
5) Do the animals have enough space? Sections 3.1-796-71 and 3.1-796.66 define adequate space as "sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure."
The law is woefully inadequate with regard to space. Isn't RUNNING a "normal body movement"? Petland's cages don't allow animals to walk more than a couple of steps in any direction.
6) Are the animals being fed correctly? Sections 3.1-796-71 and 3-1.796.66 require pet stores to provide food at "suitable intervals for the species, age, and condition of the animal." The ASPCA recommends that puppies 8-12 weeks old be fed 4 meals a day. Other authorities recommend 3 meals a day. Look for food being put out during shopping hours. Pet stores may try to minimize daytime feeding so that shoppers don't see messy cages.
7) Are the animals sick? Section 3.1-796-72 requires pet stores to tell you if the animal has an "infection, communicable disease, parasitic infestation, abnormality or other physical defect" when they sell you an animal--if they are aware of it. (They may be very conveniently unaware of the problem.) Many pet stores use as a selling point the fact that a veterinarian inspects all puppies before they are sold. Unfortunately, it is probably legal if the animal's medical problems are only provided in the dog's purchase papers and not verbally told to the customer at purchase, so people who don't read the papers could be in for an unpleasant surprise. In addition, we've recently learned of a case (not at Petland) in which a very sick animal was returned to the store after being checked by a veterinarian and was immediately placed for sale again. If the second purchaser was not informed of the condition, that would be a violation of this law.
Note: 3.1-796.80 is the "Puppy Lemon Law." (See section below.) It helps customers get their money back if they're sold a very sick puppy--but only if they return the puppy to the store within 10 days of purchase. It doesn't help the puppy, since it is extremely unlikely that the pet store would ever spend the money necessary to nurse these puppies back to health. It doesn't help people with vet bills if they decide to keep the sick puppy.
Other provisions of the Virginia code discuss requirements for water, sanitation, transportation, and minimum ages at which animals can be sold. For your convenience, listed below are the many Virginia laws that have some relevance to pet stores. (The Definitions section is very important.) At the end are listed the penalties for Class 1, 2, 3, and 4 misdemeanors. For a listing of ALL Virginia laws that pertain to animals, go to
http://www.vdacs.virginia.gov/animal...animallaws.pdf for a pdf printable version. For a searchable version, go to
LIS > Code of Virginia, then select the table of contents, Chapter 27.4 (sections 3.1-796-66 through 3.1-796.129).
§ 3.1-796.66. Definitions. The following words as used in this chapter shall have the following meanings: "Abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in § 3.1-796.68 for a period of five consecutive days. "Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
"Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
"Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
"Adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.
"Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except