Breeding or Puppy Mills

Displaying 121 - 130 of 164
Titlesort descending Summary
Salazar v. Kubic At her facility, Defendant raised and housed more than 200 mice and rats to be sold as feed for snakes and other carnivores. Until March 2013, Defendant had a valid license issued under Pet Animal Care and Facilities Act (PACFA), but it expired. Upon the expiration Defendant kept operating her facility despite a cease and desist order from the Colorado Commissioner of Agriculture. The trial court granted the Commissioner's request for a permanent injunction to prevent Defendant from operating without the required PACFA license and from violating the cease and desist order. On appeal, the court rejected Defendant’s argument that her rodents were outside PACFA’s “pet animal” definition, despite the fact the mice and rats she sold were used as food, not household pets. Additionally, the court found rats and mice did not fit within the statutory exemptions for livestock or “any other animal designated by the Commissioner.” The court was also unpersuaded that Defendants rodents were “working animals” because there was no indication that she used them to perform any function that could be considered “work.” The district court’s decision was affirmed.
Sale of Companion Animals by Breeders and Retailers


This article explores the remedies available to purchasers of diseased or otherwise unfit cats and dogs. The relevant state statutes are discussed as well as general contract principles under Article 2 of the Uniform Commercial Code.
SAMUEL ZIMMERMAN v. UNITED STATES OF AMERICA AND SECRETARY OF AGRICULTURE
Agency's choice of sanction is not to be overturned unless it is unwarranted by law, unjustified by facts, or represents abuse of discretion; sanction is not rendered invalid in particular case because it is more severe than sanctions imposed in other cases.
Saxton v. Pets Warehouse


In this small claims action, the plaintiff purchased an unhealthy dog from defendant that died soon after purchase.  The court held that the plaintiff is not limited to the remedies provided by General Business Law § 753 (1), which sets forth a consumer's right to a refund and/or reimbursement for certain expenses incurred in connection with the purchase of an unhealthy dog or cat, as plaintiff's dog came within the definition of "goods" as set forth in UCC 2-105 and defendant was a "merchant" within the meaning of UCC 2- 104 (1).  Accordingly, plaintiff could recover damages pursuant to UCC 2-714 on the theory that defendant breached the implied warranty of merchantability.  The case was remanded for a new trial to solely on the issue of damages limited to any sales tax paid by plaintiff that was not reimbursed by the insurance policy and the reasonable cost of veterinary expenses incurred.
SC - Pet Sales - § 47-13-160. Fitness of registered companion dog or cat for sale; definitions; certifications; remedies. This South Carolina statute provides that no pet dealer, pet shop, or pet breeder shall sell a registered companion dog or cat without providing to the purchaser a statement certifying that the dog or cat has received an infectious disease inoculation. If at any time within fourteen days following the sale and delivery of a registered companion dog or cat to a purchaser, a licensed veterinarian certifies the animal to be unfit for purchase due to a noncongenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a purchaser has the right to elect one of the following options described in the statute. This section is apparently limited to registered dogs or cats.
Schmidt, d/b/a Top of the Ozark Auction The Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture instituted a disciplinary proceeding alleging that Jerome Schmidt, a veterinarian, willfully violated the regulations and standards promulgated under the Animal Welfare Act. The alleged violations were based upon ten inspections conducted by a USDA inspector of Schmidt’s Top of the Ozark Auction facility where he conducted dog auctions. The 36 alleged violations centered on housing standards, structural soundness, soundness and security of the enclosures, house keeping and sanitation, trash on the premises, sufficiency of the lighting, the adequacy of the Schmidt’s insect and rodent control program, and interference and refusal of access to a USDA inspector. The Court found that the frequent inspections of Schmidt’s auction facility were inconsistent with and not based upon an objective risk-based assessment. None of the inspections, with the potential exception of one, conformed to the requirements of established Agency guidelines or policy. The inspector’s findings were exaggerated, biased, and unsupported by sufficient credible objective evidence of non-compliance. The egregious behavior of the inspector tainted the inspection results and, therefore, were precluded from being used for the purposes of an enforcement action. The Court ultimately dismissed the complaint against Schmidt and directed the Administrator of APHIS to take appropriate action to insure that the published polices and procedures of the Department are followed by APHIS personnel in future inspections.
Siegert v. Crook County


An individual appealed County Court’s decision to approve the location of a dog breeding kennel in a zone where such kennels were not permitted. The county interpreted the code that was in effect at the time the kennel began operating to allow dog breeding as animal husbandry, and thus permissible farm use. The Court of Appeals found the county's interpretation to be plausible.
Something Stinks: The Need for Environmental Regulation of Puppy Mills


This Comment defines the current federal and state regulations targeting the commercial breeding industry. It critically examines the successes and failures of current legislation regulating commercial breeders. The article considers the environmental impacts of large commercial breeding facilities and suggest that these operations should be regulated as animal feeding operations (AFOs). Finally, Section V evaluates the need for further federal and state governmental regulation of commercial breeding facilities through pollution control and waste management, thereby ensuring the well-being of commercially-bred dogs as well as the local environment.
South Africa - Biological Diversity - Regulations
State ex rel. Humane Society of Missouri v. Beetem


The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 -  a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable.

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