[ SHOWGSD-L ] NAIA<>NY A-5507 Blurs the Lines
- From: stormy435 <stormy435@xxxxxxx>
- To: "showgsd-l@xxxxxxxxxxxxx" <showgsd-l@xxxxxxxxxxxxx>
- Date: Thu, 26 Mar 2009 19:12:43 -0700
From: Patti Strand [mailto:naia@xxxxxxxxxxxxxx] ;
Commercial Breeder, Hobby Breeder or Dealer?
<http://capwiz.com/naiatrust/utr/1/MNIAKDLSSJ/ENIEKDLVTS/3102887531>
Take Action!
NY A 5507 Blurs the Lines
The New York Assembly could soon be considering a bill that is aimed at
regulating commercial kennels but would impact most hobby breeders as
written. A 5507, which has been dubbed "Charlemagne's Law" is sponsored by
Representative Ball and has been referred to the Assemble Committee on
Agriculture.
We support fair and reasonable laws to regulate commercial kennels, but by
creating essentially four different classes of breeder, each accountable to
different standards, this bill is convoluted, unfair and unnecessarily
confusing.
A summary of A 5507:
* Defines a "commercial kennel" as any kennel that sells or transfers
more than 60 dogs, or transfers any dog to a pet dealer. Stipulates detailed
quality of care and engineering standards and authorizes annual inspections
by the Commissioner of Agriculture, police officers or peace officers. NOTE:
a pet dealer, for the purposes of this provision, is defined as someone who
sells more than 9 dogs per year, except for breeders who sell less than 25
home raised puppies per year.
* Changes the definition of 'pet dealer' to any person who in the
ordinary course of business sells or offers more than 5 dogs/cats per year
at wholesale or retail. This new definition expands the number of small
breeders who must comply with New York
<http://capwiz.com/naiatrust/utr/1/MNIAKDLSSJ/JXBXKDLVTT/3102887531> 's pet
lemon law and new unspecified standards of humane treatment, or may not
"breed in excess."
* Creates yet another, broadened definition of pet dealer to include
people who sell or offer for sale more than 5 animals per year, except for
breeders who sell directly to the public fewer than 10 home raised
dogs/cats. This definition applies to requirements in the law for veterinary
exams and disclosures to the buyer.
* Makes it illegal for a consumer, co-breeder, retail pet store,
research operation or broker to buy or accept a dog or cat from an animal
facility that is considered "inhumane" or that "breeds in excess" without
sufficiently defining what that is.
* Empowers peace officers to enforce provisions related to pet dealers
based on oral or written complaint.
* Increases civil Penalties from minimum $50 / maximum $300, to
minimum $1000 / maximum $3000 for each violation.
* Allows the New York Department of Agriculture and Markets, at its
discretion, to review the nature of such violations by pet dealers and seize
any animals and place them in the care of a veterinarian or shelter, with
reasonable expenses paid for by the owner.
* Authorizes veterinarians to practice law without a license by
requiring any animal facility found in violation to obtain an affidavit from
a veterinarian that the facility is in compliance with "all federal, state
and local laws, rules and regulations the pertain to the humane treatment
or condition of animals" in order to reopen. It would be impossible for
most licensed attorneys to issue such an affidavit.
* Exempts incorporated humane societies from the definitions and
requirements.
Click here
<http://capwiz.com/naiatrust/utr/1/MNIAKDLSSJ/EBFAKDLVTU/3102887531> to
read the bill.
A 5507 creates 4 classes of breeders based primarily on numbers, and the
rules apply differently depending on the number of animals you breed. Even
small hobby breeders who sell 10 dogs/cats (raised on their residential
premises) in a year are defined as pet dealers for the purposes of this law.
The only breeders NOT considered pet dealers under this act are those who
sell directly to the public 5 or fewer dogs/cats per year, or hobby breeders
who sell less than 10 home raised dogs/cats per year. This threshold would
subject breeders of large dogs who have only one litter to pet dealer
regulations and we believe this is far too low to be reasonable.
HOWEVER, all you have to do is sell or transfer ONE dog to another breeder
who is considered a pet dealer and you would be considered a commercial
kennel.
This bill takes the unprecedented step of holding consumers legally
responsible for determining whether the source of their pet is humane. This
is completely unrealistic.
While we strongly believe that steps should be taken to identify and
eliminate substandard kennels, this bill stretches beyond that goal and
targets all breeders, commercial and hobby, good and bad, large and small.
Worse yet, it profiles and punishes responsible breeders who provide the
best source of healthy pets to the community.
There are more effective solutions available to help eliminate substandard
facilities, from greater enforcement of existing anti-cruelty and nuisance
laws to educating consumers about how to seek out responsible and humane
sources of healthy pets.
Click here to read our NAIA Guide to Dog
<http://capwiz.com/naiatrust/utr/1/MNIAKDLSSJ/BQGOKDLVTV/3102887531>
Friendly Consumer Laws, which makes consumer education the key to ensuring
that responsible sources of pets are rewarded and negligent sources are
punished.
Please use the talking points below to write an email to your Assembly
Member today, educating them about this bill early in the process, before
they are asked to consider this bill.
Thank you for TAKING ACTION
<http://capwiz.com/naiatrust/utr/1/MNIAKDLSSJ/GDUTKDLVTW/3102887531> on
behalf of responsible animal owners!
--
Stormy Hope
www.carpoc.org
AKC Legislative Liaison, GSDCA
Sunshine Squad <showgsd.org/sunshine.html)
GSDs and more
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