5. 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
6. 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
7. THE FINGER LAKES SPCA FOUND:
77 miniature
schnauzer dogs and
puppies living in filth
covered with feces
and mats, with
rats, mice and insects
The humane society of the Capital Region
8. 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
9. 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
11. Animal rescuers removing dogs from
Oppenheim “shelter”
March 10, 2011 - By BILL PITCHER, The Leader-Herald
OPPENHEIM - 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
12. Pet Fashion in Galleria faces 70 charges
over sick puppies
12:53 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
14. EX-OWNER OF HUGE DOG KENNEL BARRED FROM
BUSINESS
Posted: Nov 05, 2011
NEW 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 nation's 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
16. NYS LAWS AFFECTING PET DEALERS
NYS Ag and Markets Law:
• Article 26 A Pet Dealers
• Article 26 Cruelty to Animals
General Business Law
• ARTICLE 35-D Sale of Dogs and Cats
• (Pet Lemon Law)
The humane society of the Capital Region
17. DEFINITION OF TERMS
USDA:
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
18. DEFINITION OF TERMS
USDA:
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
19. DEFINITION OF TERMS
NEW 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
20. DEFINITION OF TERMS
NEW 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 breeder's
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
21. DEFINITION OF TERMS
NEW 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
27. Department has no authority to
enter premises of or to
investigate complaints about
unless a facility is licensed
The humane society of the Capital Region
28. There is no coordination with state
and local police and SPCAs when
cruelty or neglect is noted or
complaints are filed
The humane society of the Capital Region
29. Breeders are allowed to keep
operating until they are in compliance
and can be licensed
There seems to be no limit to the
number of unsatisfactory inspections
The humane society of the Capital Region
30. The law only regulates RETAIL
sales, leaving the largest
commercial breeders and
distributors to the USDA
The humane society of the Capital Region
31. The law does not require pet stores to obtain puppies from USDA
licensed 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 was
acquired. If the person from whom the animal was obtained is a dealer
licensed by the United States department of agriculture, the person's
name, address, and federal dealer identification number.
The humane society of the Capital Region
32. Too easy to become exempt
as a “rescue” - Only need to
incorporate as a non-profit –
$75.00
The humane society of the Capital Region
33. Breeders are presumed to be
exempt…..unless the Pet Dealer
program can document the sale or
offering for sale of more than 25
dogs…in a calendar year
The humane society of the Capital Region
34. The Care Standards
• Only apply to licensed pet
dealers
The humane society of the Capital Region
35. The Care Standards
Not relevant to “show” and other
small volume breeders: for
example, it require that animals
be in cages
The humane society of the Capital Region
36. The Care Standards
Derived from the USDA
requirements, which DO NOT
apply to pet stores or small
volume breeders
The humane society of the Capital Region
38. Problems with administration:
Selling sick animals and other
violations of are not cited or
investigated – consumers are just
referred to other agencies
The humane society of the Capital Region
39. Problems with administration:
Other laws, such as collection
of sales tax, rabies
vaccinations or USDA
requirements, are not reported
to authorities
The humane society of the Capital Region
40. Problems with administration:
Local zoning is not checked – one
breeder got a license in a residential
area of Albany, where kennels are not
allowed; breeders in rural areas are
using the state license to get special
use permits for zoning approval
The humane society of the Capital Region
42. And the number one
reason that the program
does not work ----
The humane society of the Capital Region
43. 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
45. • Create penalties for
unlicensed operation
• Increase the penalties for
violations
The humane society of the Capital Region
46. • Revise definitions to
include all sales, not just to
the public
• Include shelters and
rescues
The humane society of the Capital Region
47. • 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
48. LINKS
Animal Issues Laws and
Regulations:
http://www.agmkt.state.ny.us/AI/La
ws_and_Regulations.html
The humane society of the Capital Region
49. LINKS
NYS licensed Pet Dealers:
General Information:
http://www.agmkt.state.ny.us/AI/
small_animals.html#1
The humane society of the Capital Region
50. LINKS
NYS 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
51. LINKS
NYS Attorney General Pet Lemon Law
www.ag.ny.gov/bureaus/consumer_frauds
/tips/pet_lemon_law.html
The humane society of the Capital Region
52. LINKS
AVMA model law and regulation
http://www.avma.org/onlnews/
javma/jun10/100601d.asp
The humane society of the Capital Region
