H.F. 1635 - Puppy Mills Kitten Mills Minnesota

House File (H.F.) 1635 was introduced in the MN House of Representatives in 2011; it has no Senate companion bill as of this date. It was referred to the House Agriculture Committee but it did not receive a hearing so this bill did not advance in 2011. As 2011 is the first half of the 2011-2012 biennial session, this bill can still be heard and move forward in 2012.

POSITION: Oppose H.F. 1635

BILL DESCRIPTION

H.F. 1635 is authored by Rep. Rod Hamilton. This bill amends the current "Pet Lemon Law" by including nonprofit humane societies and rescue groups under this law and defining them as "pet dealers."

BACKGROUND/ISSUE
1. What is the current Pet Lemon Law?
The current Pet Lemon Law is MN Stat. 325F.79 - 325F.792. Passed in 1992, the Pet Lemon Law is a consumer protection law that was created to regulate for-profit businesses (defined as pet shops, breeders and dealers of dogs and cats). It defines and outlines the rights and responsibilties of consumers, breeders, brokers and pet dealers when purchasing and selling a dog or cat. The law protects both pet dealers and animal purchasers.

2. What is the definition of a "pet dealer"?
Under the law, a pet dealer is defined as "any person, firm, partnership, corporation, or association, including breeders, that is required to collect sales tax for the sale of animals to the public. Pet dealer does not include humane societies, nonprofit organizations performing the functions of humane societies and animal control agencies." When this law was written, it acknowledged that nonprofit organizations serve a different purpose and mission than for-profit businesses — which is why animal shelters, rescue groups and animal pounds were excluded from the definition.

3. What would H.F. 1635 do to the Pet Lemon Law?
H.F. 1635 is amending the Pet Lemon Law by deleting the exclusion — so the definition would include humane societies and rescue groups under the law. This means that these nonprofit organizations would have to follow the same requirements as for-profit businesses under the Pet Lemon Law.

Example: The Pet Lemon Law states (Subdivision 4): "If the pet dealer is not the breeder of the animal, each animal shall be examined within two days after receipt of the animals by a pet dealer and within four days of delivery of the animal to the purchaser by the pet dealer. The cost of the examination shall be paid by the pet dealer."

Based on the above language, breeders do not and would not need to conduct additional vet exams of the animals; however, nonprofits organizations would. Unlike for-profit businesses (i.e., breeders, dealers), humane societies and rescue groups do not breed animals — by definition of their mission and purpose, nonprofits take in strays, owner surrendered, abused and seized animals who have varying medical and health conditions. Some of these animals are old, injured or neglected and require additional vet care (including dogs and cats rescued from breeding facilities). Most nonprofits are not able to recoup the vet expenses put into the animals they receive. To require that nonprofits act like for-profit businesses (who, by definition, are in business to make money on animal production), would force the nonprofits to incur considerable additional expenses. Every time a consumer wants to buy a rescued/surrendered dog or cat, another vet exam would need to be conducted within the four day period; if the consumer changes their mind and does not buy, the vet cost is still incurred.

The intent of the Pet Lemon law is to regulate businesses that make a profit from the breeding, dealing and selling of dogs and cats — not to regulate nonprofits that clean up problems in society.

4. Why do you think H.F. 1635 was introduced?
It appears that supporters of this bill do not fully understand the role nonprofits play.

As stated above, the mission of nonprofit humane societies and rescue groups is to care for, vet, house, foster and adopt strays, unwanted, abused or seized animals. To support this mission and help pay for costs incurred, nonprofits must solicit donations from the public. No nonprofit humane society or rescue group in Minnesota receives money from the State of Minnesota for the services they provide.

5. Do consumers use the current Pet Lemon Law?
Some do and some don't. The current Pet Lemon Law requires each pet dealer to give the consumer a statement of their rights when they make the purchase. Because the "product" is a living dog or cat, consumers often bond with the animal immediately after purchase and, if the pet is found to be unhealthy, sick or diseased, do not want to exchange the animal for another. They fear the unhealthy dog or cat will be killed if returned; so, instead, the consumer incurs veterinarian costs on their own (to try and make the animal healthy) or surrenders the animal to a local humane society.
NOTE: Animal Folks MN has been gathering consumer stories from Minnesotans who have purchased a sick dog or cat and incurred hundreds or thousands of dollars in veterinarian bills. If you have a story to tell, please go to: Tell Your Story

6. Are there penalties in the current Pet Lemon Law if the pet dealers do not do what they are required to do?
Yes. There are criminal and civil penalties.

7. What agency has authority to oversee and enforce the current law?
The Pet Lemon Law is "complaint-based." This means it is the responsibility of the consumer to approach the pet store/breeder to resolve the complaint. If the pet dealer refuses to acknowledge or resolve a problem, the consumer can file a consumer complaint with the MN Attorney General. If the animal is diseased, the consumer can report it to the MN Board of Animal Health.
NOTE: There is no "master" record that shows which breeders, dealers or pet stores consistently sell unhealthy animals.

For further information about pet stores and Minnesota condition: Pet Stores
For further information about animal brokers in Minnesota: Dealers/Brokers
For further information about commercial dog/cat breeders: Commercial Breeders