Breeding or Puppy Mills
Displaying 11 - 20 of 159
Title |
Summary |
|---|---|
| CA - Pet Boarding Facilities - Chapter 11. Pet Boarding Facilities | This chapter of statutes deals with the responsibilities that pet boarding facility operators must adhere to in the state of California. “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. Operators must ensure that the facility is in good repair, there is adequate pest control, an owner is contacted if a pet escapes and reasonable efforts are made to capture the escaped pet, as well as other upkeep requirements. The chapter also provides enclosure standards and animal care requirements including fire alarm and sprinkler systems. Animal control or qualified humane officers enforce violations of the chapter. |
| CA - Pet Sales - Chapter 5. Sale of Dogs and Cats | This section requires that dog breeders provide a written disclosure upon the sale of any dog with information such as the breeder’s name and address, the dog’s birth date, breed. sex, color, and vet record, and a signed statement from the breeder that the dog has no known diseases. Any breeder who knowingly sells a diseased dog faces a civil penalty. Breeders must provide dogs with sanitary housing, adequate food, water, exercise and veterinary care. |
| CA - Pet Shop - Sale of dogs under eight weeks of age; written approval by veterinarian prior to physical transfer; violations; | This California law makes it a misdemeanor for any person to sell one or more dogs under eight weeks of age, unless, prior to any physical transfer of the dog or dogs from the seller to the purchaser, the dog or dogs are approved for sale, as evidenced by written documentation from a veterinarian licensed to practice in California. |
| CA - Pet Shop - § 597l. List providing what is unlawful for a pet shop operator to fail to do; information to be provided to buy | This statute requires operators of pet shops to provide sanitary conditions, proper heating and ventilation, adequate nutrition and space for a pet animal. Sellers must provide buyers with written recommendations for the generally accepted standards of care, including information on housing and feeding of the animal. Violations of the provisions constitute a misdemeanor. |
| CA - Pet Store - Chapter 9. Pet Store Animal Care Act | This law requires pet store operators to maintain the facility in good repair, provide proper care to animals, and clean grooming areas daily. Primary enclosures must be structurally sound, provide adequate space, be water-proof, and protect from injury. The law mandates that dogs and cats must be over eight weeks of age and weaned prior to sale. Pet store operators must ensure that veterinary records are documented in writing. Violations may be considered an infraction or a misdemeanor. A new law, effective January 1, 2019, states that a pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter. Violation is a civil penalty with a fine of up to $500. |
| CA - Swap Meets - Chapter 10. Sale of Animals at Swap Meets. | This chapter (effective January 1, 2016) covers the sale of animals at swap meets in the state. A swap meet operator may allow a vendor to sell animals at a swap meet so long as the local jurisdiction has adopted standards for the care and treatment of the animals. The care and treatment of the animals must include that time that the animals are at the swap meet and during the transportation to and from the swap meet. The swap meet vendors must maintain, among other things, sanitary facilities for the animals, provide proper heating and ventilation in the facilities, provide adequate nutrition and humane care and treatment, and provide adequate space for all kept in the facilities. A swap meet vendor who offers for sale at a swap meet in a jurisdiction that has not authorized the sale is guilty of an infraction punishable by a fine up to $100. If a swap meet vendor is found guilty of this infraction for a subsequent time, he or she will be fined up to $500 per violation. Some exceptions include: events held by 4-H Clubs, Junior Farmers Clubs, Future Farmer Clubs, the California Exposition and State Fair, the sale of cattle on consignment at any public cattle sales market, and a public animal control agency or shelter. |
| Canada - Welfare - Dog Breeding | |
| Cisneros v. Petland, Inc. | Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part. |
| City of La Marque v. Braskey |
|
| CO - Pet Shop - Article 80. Pet Animal Care and Facilities Act | This Colorado Act regulates pet animal facilities (i.e., shelters, large kennels, and breeders). The Act covers licensing of the facilities and those activities deemed unlawful, such as selling a kitten or puppy under the age of 8 weeks and refusing a lawful inspection. |