Puppy store?

[MindieRose]

I just heard an ad on my radio station that I listen to just the other day about a puppy store! Apparently they buy litters of puppies and resell them. Yeah, I know this isnt uncommon, but they try to make themselves sound like they are not a "pet store". They make it sound all sweet and even say "all of our puppies are raised by local families" and whatnot. They make it sound like you walk into this wonderland of puppies and you just magically pic your best friend out of the group and live happily ever after. So I went to the website (dont know if I can post it here?) and they showed all the pups they had. They had several purbred litters, and several mixed breeds. The mixed breeds didnt bother me, some people prefer them, and one of mine is mixed. What bothered me however, is that they had a litter of "miniature dobermans" which were actually min pins, NO relation to a doberman!! Now, there are millions of people that think that min pins are really mini dobes, but they arent advertising themselves on the radio as professional dog people like this place is!! So I emailed them with the entire history of min pins and dobes showing there is no relation (other than the fact that they are all dogs, lol) like there is with a 15" vs 13" beagle. The ad for them was then removed and I never heard back from them.
I was just so frustrated because they tried to act like (and maybe they truly believe) they werent a "pet store" or puppy broker, but just a big fantasy land of puppies and cotton candy. They try to sound all professional, yet they dont even know there's no such thing as a "miniature doberman". Granted, there could be a runt dobe that looks mini, lol, but they showed a litter of min pins in the pic.
Theres my rant of the day. It irritated me the way the term "teacup" does, only because its a ploy to make money the way teacup is.

[mscat]

Exactly a ploy to make money. It is all about for profit, and not what is in the best interest of those puppies. This is why it is never a good idea to buy from a petstore. Unfortunately many people do not see it as a problem or understand what the implications are in supporting pet stores who sale puppies for profit. What a shame.

[freshie]

It is so nice to read posts like this because it means so many people are armed with information. So many people have no idea and it's posts like this that get the word out there! BRAVO!

[KimberlySRN]

BRAVO! I used to do the same with bunnies when I went to the local pet stores. They use to call me so I could tell them which were boys and which were girls. I ended up working there and educating a lot of customers.

[cesar49]

Originally Posted by MindieRose

I just heard an ad on my radio station that I listen to just the other day about a puppy store! Apparently they buy litters of puppies and resell them. Yeah, I know this isnt uncommon, but they try to make themselves sound like they are not a "pet store". They make it sound all sweet and even say "all of our puppies are raised by local families" and whatnot. They make it sound like you walk into this wonderland of puppies and you just magically pic your best friend out of the group and live happily ever after. So I went to the website (dont know if I can post it here?) and they showed all the pups they had. They had several purbred litters, and several mixed breeds. The mixed breeds didnt bother me, some people prefer them, and one of mine is mixed. What bothered me however, is that they had a litter of "miniature dobermans" which were actually min pins, NO relation to a doberman!! Now, there are millions of people that think that min pins are really mini dobes, but they arent advertising themselves on the radio as professional dog people like this place is!! So I emailed them with the entire history of min pins and dobes showing there is no relation (other than the fact that they are all dogs, lol) like there is with a 15" vs 13" beagle. The ad for them was then removed and I never heard back from them.
I was just so frustrated because they tried to act like (and maybe they truly believe) they werent a "pet store" or puppy broker, but just a big fantasy land of puppies and cotton candy. They try to sound all professional, yet they dont even know there's no such thing as a "miniature doberman". Granted, there could be a runt dobe that looks mini, lol, but they showed a litter of min pins in the pic.
Theres my rant of the day. It irritated me the way the term "teacup" does, only because its a ploy to make money the way teacup is.

i have heard that 99 % of pets from petstores come from puppy mills.. they are lying
the only way to stop it is locally.. the lawmakers in the city can pass a law to make it illegal to sell dogs in petstores..
talk to your local politicians..
it has been done in many cities..
ignorance is bliss for puppymills
people dont know about the puppymills and petstores working together.. close the petstores and save the puppymill dogs
whoever owns the petstore should be ashamed..
but there are evil people in this world
they need to be stopped

[cesar49]

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

[cesar49]

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

[MindieRose]

I think they really need to crack down on this one here too:

Prohibits pet shop operators from importing into the state kittens or puppies less than 8 weeks old. Prohibits pet shop operators from offering for sale kittens or puppies less than 8 weeks old. (Penalty: misdemeanor, license revocation and/or max $1,000 fine) (MICH. COMP. LAWS ANN. §§ 287.335a, 287.340, 287.339b)

So next someone asks a breeder "can I PLEASE have my puppy at 6 weeks old!!" They can say no because its against the law!

[cesar49]

petland needs to go