Puppy Mills in New York State
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Puppy Mills in New York State

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Puppy Mills in New York State Puppy Mills in New York State Presentation Transcript

  • The humane society of the Capital Region
  • The humane society of the Capital Region
  • 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 miniatureschnauzer dogs andpuppies living in filthcovered with fecesand mats, withrats, mice and insects 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
  • OUTCOME PET 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 The humane society of the Capital Region
  • The humane society of the Capital Region
  • Animal rescuers removing dogs from Oppenheim “shelter”March 10, 2011 - By BILL PITCHER, The Leader-HeraldOPPENHEIM - 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 puppies12:53 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
  • ROMULUS BREEDER GASSED 93 DOGS The humane society of the Capital Region
  • EX-OWNER OF HUGE DOG KENNEL BARRED FROMBUSINESSPosted: Nov 05, 2011NEW 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 nations 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
  • The humane society of the Capital Region
  • NYS LAWS AFFECTING PET DEALERSNYS Ag and Markets Law:• Article 26 A Pet Dealers• Article 26 Cruelty to AnimalsGeneral Business Law• ARTICLE 35-D Sale of Dogs and Cats• (Pet Lemon Law) The humane society of the Capital Region
  • DEFINITION OF TERMSUSDA: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 TERMSUSDA: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 TERMSNEW 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 breeders 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 TERMSNEW 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
  • Total:287 LICENSED PET DEALERS The humane society of the Capital Region
  • 287 x$100/annual fee= $28,700 The humane society of the Capital Region
  • The humane society of the Capital Region
  • No penalty forunlicensed operation The humane society of the Capital Region
  • Department has no authority toenter premises of or toinvestigate complaints aboutunless a facility is licensed The humane society of the Capital Region
  • There is no coordination with stateand local police and SPCAs whencruelty or neglect is noted orcomplaints are filed The humane society of the Capital Region
  • Breeders are allowed to keepoperating until they are in complianceand can be licensedThere seems to be no limit to thenumber of unsatisfactory inspections The humane society of the Capital Region
  • The law only regulates RETAILsales, leaving the largestcommercial breeders anddistributors to the USDA The humane society of the Capital Region
  • The law does not require pet stores to obtain puppies from USDAlicensed 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 wasacquired. If the person from whom the animal was obtained is a dealerlicensed by the United States department of agriculture, the personsname, address, and federal dealer identification number. The humane society of the Capital Region
  • Too easy to become exemptas a “rescue” - Only need toincorporate as a non-profit –$75.00 The humane society of the Capital Region
  • Breeders are presumed to beexempt…..unless the Pet Dealerprogram can document the sale oroffering for sale of more than 25dogs…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 StandardsNot relevant to “show” and othersmall volume breeders: forexample, it require that animalsbe in cages The humane society of the Capital Region
  • The Care StandardsDerived from the USDArequirements, which DO NOTapply to pet stores or smallvolume breeders The humane society of the Capital Region
  • Problems with administration:Inspections cover only thecare standards and paperworkrequirements The humane society of the Capital Region
  • Problems with administration:Selling sick animals and otherviolations of are not cited orinvestigated – consumers are justreferred to other agencies The humane society of the Capital Region
  • Problems with administration:Other laws, such as collectionof sales tax, rabiesvaccinations or USDArequirements, are not reportedto authorities The humane society of the Capital Region
  • Problems with administration:Local zoning is not checked – onebreeder got a license in a residentialarea of Albany, where kennels are notallowed; breeders in rural areas areusing the state license to get specialuse 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
  • 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
  • LINKSAnimal Issues Laws and Regulations:http://www.agmkt.state.ny.us/AI/La ws_and_Regulations.html The humane society of the Capital Region
  • LINKSNYS licensed Pet Dealers:General Information:http://www.agmkt.state.ny.us/AI/ small_animals.html#1 The humane society of the Capital Region
  • LINKSNYS licensed Pet Dealers Search:http://www.agmkt.state.ny.us/petdeal er/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
  • LINKSNYS Attorney General Pet Lemon Lawwww.ag.ny.gov/bureaus/consumer_frauds /tips/pet_lemon_law.html The humane society of the Capital Region
  • LINKSAVMA model law and regulationhttp://www.avma.org/onlnews/ javma/jun10/100601d.asp The humane society of the Capital Region
  • BARNEYMCGUIRE TODAY
  • The humane society of the Capital Region