Proposed Pet Lemon Law S.B. 574

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1 Proposed Pet Lemon Law S.B. 574 from the desk of Puppy Mill Awareness Meetup of Southeast Michigan version 4 Prepared by: Pam Sordyl

working to end the mass production of dogs in commercial kennels ("puppy

2 Puppy Mill Awareness of SE Mi Hello! Our Mission: The Puppy Mill Awareness Meetup of Southeast Michigan is working to end the mass production of dogs in commercial kennels ("puppy mills"). Our mission is to educate the public about the cruel cycle of commercial dog breeding and the pet store link. Join Us!

Will offer consumer protections for purchasers of dogs and cats.

3 Pet Lemon Law S.B. 574 Lead by Sen. Steven Bieda (D-Warren) August 2011 introduced in Michigan. September 2011 passed Regulatory Reform Committee. Now Sub-2 version. Will offer consumer protections for purchasers of dogs and cats. People who purchase sick or diseased animals from pet shops, breeders or dealers would have specific recourse against the sellers. Would offer options for the purchaser: returning the animal for a full refund or replacement, if available or recovery of veterinary expenses

Limits and Timeframes The bill Includes: 14 days to report illnesses. maximum a buyer can recover - up to the purchase price. Three other states allow more. 90 days to report for congenital defects.

4 Limits and Timeframes The bill Includes: 14 days to report illnesses. maximum a buyer can recover - up to the purchase price. Three other states allow more. 90 days to report for congenital defects. Most other states allow the defect to be reported up to a year or more. These options and timeframes are typical for Pet Lemon Laws. Eighteen other states have Pet Lemon Laws in place. The full text of S.B. 574 can be found here:

5 Disclosure Requirements A pet shop that sells dogs or cats or a pet dealer shall deliver to each potential purchaser of a dog or cat all of the following information: (a) The name, address, and USDA license number of the breeder of the dog or cat and any broker who has had possession of the dog or cat before the pet shop or dealer; (b) The date of the dog s or cat s birth; (c) The date the pet shop or pet dealer received the dog or cat (d) The breed, sex, color, and identifying tags, tattoo, or collar number of the dog or cat. (f) The name and registration number of the sire and dam and the litter number, if the dog or cat is a purebred dog or cat. (g) The inoculations, worming treatments, and medication given to the dog or cat while in possession of the pet shop or pet dealer. (h) A statement signed by the authorizing representative of the pet shop or dealer that the dog or cat has no known health problem, or a statement signed by they pet shop or pet dealer disclosing any known health problem and a statement signed by a veterinarian that recommends necessary treatment.

Disclosure Survey Between March and September of 2011 Posed as puppy shoppers Questioned 23 Detroit-area pet stores 13 establishments did not provide breeder

6 Disclosure Survey Between March and September of 2011 Posed as puppy shoppers Questioned 23 Detroit-area pet stores 13 establishments did not provide breeder names 100 per cent of the establishments did not provide details about the puppy's parents beyond sire and dam names 95 percent did not allow viewing of the parents.

Disclosure Survey Prior investigations have revealed that puppy mill operations were supplying the same stores that claimed that all of their puppies come from reputable AKC breeders.

7 Disclosure Survey Prior investigations have revealed that puppy mill operations were supplying the same stores that claimed that all of their puppies come from reputable AKC breeders. Many of the stores stated that they work with local breeders, but USDA records show there are no USDA breeders in the Detroit area. Ed from Iowa. He's a judge and does his own surgeries. We can not regulate the breeders in Michigan, so we work with breeders in Ohio and Kansas. There is no reason to see the parents because you are not purchasing from the breeder. We have exclusive agreements with the breeders stating we can not share their information

8 Misconceptions This will not make breeders responsible for all contagious diseases 14 days after purchase. It must be determined by a vet that the animal was sick prior to purchase. This does not hold veterinarians responsible. The intent is not to hold non-profits, rescues or shelters responsible.

Will not impact rescue groups Page 2, e) Animal control shelter means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or a large, animals

9 Will not impact rescue groups Page 2, e) Animal control shelter means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or a large, animals that are otherwise held due to the violations of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter. Page 2, f) Animal protection shelter means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other non-profit organization for the care of homeless animals. Page 2, g) Breeder means a person who breeds or raises dogs or cats for the sale to the public. Breeder does not include an animals control shelter or animal protection shelter. Page 3, p) Pet Dealer means a person who for compensation buys or sells dogs or cats. Pet Dealer does not include animal control shelter or animal protection shelter. Page 3, q) Pet Shop means a place where animals are sold or offered for sale, exchange or transfer. Page 4, (D) A PERSON WHO ENGAGES IN THE SALE OF DOGS OR CATS TO THE PUBLIC FOR PROFIT, not including an Animal Control Shelter or an Animal Protection Shelter. (E) A PERSON WHO SELLS MORE THAN 1 LITTER OF DOGS OR CATS UNDER 6 MONTHS OF AGE OR 2 DOGS OR CATS OVER 6 MONTHS OF AGE PER YEAR, not including an Animal Control Shelter or an Animal Protection Shelter.

The Problems Profit Driven! Easy Sales: The pet trade is profitdriven and it is easy to sell a sick animal to an unsuspecting buyer who s purchase is emotional driven.

10 The Problems Profit Driven! Easy Sales: The pet trade is profitdriven and it is easy to sell a sick animal to an unsuspecting buyer who s purchase is emotional driven. Or may be rescuing the animal from the bad environment. Huge Mark-ups: The average puppy pet store price in Michigan is $772 down from $1,200 in There are huge market-ups as puppies only cost the stores $50-$150 from the breeder. Low Expenses: Breeders often cut costs such as vet care, food, shelter to increase profits.

The Problems (continued) 48% of puppies being sold in pet stores were ill or incubating an illness at the time of purchase, according to a recent California study.

11 The Problems (continued) 48% of puppies being sold in pet stores were ill or incubating an illness at the time of purchase, according to a recent California study. They are sick because they come from kennels that do not care for their animals. Pet sellers know the smaller and younger animals sell faster (puppies & kittens are more marketable). Taking the puppies away from their mother too early before their immune system is fully developed. Nearly 100% of all puppies in pet stores have parasites when they are purchased. Guarantees do not hold up in court. Purchases suffer emotional stress and enormous vet bills, some have problems their entire life

12 Why so many sick animals? Since 2009, 19 Michigan pet stores have shipped puppies from large commercial kennels located out of state. Michigan does not have enough large commercial kennels to meet the demand. Puppies traveling long distances in semi trucks are more vulnerable to catch diseases. Closed environment with other animals from other kennels and stress also causes their immune systems to weaken. Some animals travel 19 hours before they reach the pet stores in Detroit. Once they arrive at the store, they may not be isolated or treated properly before sale to reduce costs.

6 are USDA licensed which means large commercial and can sell wholesale.

13 Pet Lemon Law Impact Number of sellers: Utica Pet Supply, Utica 74 counties surveyed: 639 licensed dog breeding kennels identified. Unlicensed breeders or sellers are unknown. 6 are USDA licensed which means large commercial and can sell wholesale. 37 puppy selling stores with store fronts (23 in Detroit) Pet Station, Dearborn Heights The Family Puppy (five stores) ships in over 100 puppies per month on average. 1,400 puppies coming into pet stores from out of state in 2010.

Pet Lemon Law Impact Will hold pet sellers accountable for burdening the public with veterinary costs and emotional stress of caring for a sick pet. Closed!

It would encourage pet stores, no longer regulated by the MDA, to get their health certificates and treat animals properly.

14 Pet Lemon Law Impact Will hold pet sellers accountable for burdening the public with veterinary costs and emotional stress of caring for a sick pet. Closed! Currently, the state requires pet stores (only) to have 30 day health certificates signed by a vet. These are only wellness checks and would not necessarily uncover genetic defects. It would encourage pet stores, no longer regulated by the MDA, to get their health certificates and treat animals properly. Paws N Claws, Eastpointe Since it is not against the law for a pet store/breeder to administer vaccinations, they may over or under vaccinate or use expired medicines often reported in USDA inspection reports. Shine a spotlight on the puppy mill/pet store connection. House of Pets, Garden City

seller was aware of a pre-existing condition in the purchased animal. 3.

15 Current Consumer Options 1. Better Business Bureau to settle disputes with pet stores. 2. Small claims court, which places a heavy burden on the purchaser to prove that the seller was aware of a pre-existing condition in the purchased animal. 3. Lawsuit which involves hiring an attorney. Pollywood Pets, Macomb Star Feet from wire floor cage.

16 Consumer Complaints

Example Case Liz Frates, of Ann Arbor, told Puppy Mill Awareness that she purchased a 16- week-old Yorkshire Terrier from a Michigan breeder for $1,200 in cash last year.

17 Example Case Liz Frates, of Ann Arbor, told Puppy Mill Awareness that she purchased a 16- week-old Yorkshire Terrier from a Michigan breeder for $1,200 in cash last year. She was told that the puppy was healthy. The breeder s full written pet guarantee against anything congenital or hereditary did not help Liz in court, after the puppy was diagnosed with grade 2 luxating patellas in both legs a congenital defect requiring surgery totaling nearly $3,200. Liz had already spent $900 in veterinary costs addressing breathing and diarrhea problems that the puppy had endured since his purchase. Liz lost her case in court.

Complaints Puppy Mill Awareness has been logging sick dog complaints in Michigan for three years. Cases often go unreported to proper authorities.

18 Complaints Puppy Mill Awareness has been logging sick dog complaints in Michigan for three years. Cases often go unreported to proper authorities. Buyers may complain to the pet store or breeder, only to have their calls unreturned. We offer a Sick Dog Checklist! A guide to filing complaints. klistv8.doc

75 Complaints The Family Puppy The PetShopPuppies.org Reports revealed the following problems noted by customers who had purchased puppies from one of the Family of Pets/Family Puppy locations.

19 75 Complaints The Family Puppy The PetShopPuppies.org Reports revealed the following problems noted by customers who had purchased puppies from one of the Family of Pets/Family Puppy locations. Many of these items noted are contagious to humans. Kennel Cough Ear Infection Hernia Luxating Patella Runny nose or/and eyes Eye Infection/Ocular discharge Allergies Behavioral problems Coccidia Parvo Anal Impact Diarrhea Giardia Mange Abscessed Tooth Meningitis or cephalitis Gastrointestinal Dehydration Cancer Dermatitis Juvenile Cataracts Pyoderma Sneezing Seizure-like episodes Fractured femur Legs are uneven Vaginitis Vaginal discharge Improper tail dock Internal parasites Extremely underweight Genetic neurological disorder Pneumonia Conjunctivitis Blocked tear duct Bowed Legs Hot Spots Sensitive Stomach

Terry Adams 4413 Kensington Road, Milford, Mi 48380 248-379-0041 6 Sick Dogs Terry Adams Date Complaint Summary Purchased 1 12/23/10 Maltese showed signs of neurological problems.

Offered to provide further vaccinations. 3 9/3/10 Puppy had kennel cough and severe urinary tract infection. Observed 30-40 different pups, and about 15 different breeds but no parents anywhere.

20 Terry Adams 4413 Kensington Road, Milford, Mi Sick Dogs Terry Adams Date Complaint Summary Purchased 1 12/23/10 Maltese showed signs of neurological problems. Offered veterinary care including surgery. Over medicating. No Health Certificate 2 12/28/10 Over medicating. No Health Certificate. Tail was docked, but no vet name provided. Offered to provide further vaccinations. 3 9/3/10 Puppy had kennel cough and severe urinary tract infection. Observed different pups, and about 15 different breeds but no parents anywhere. Pups were in wire cages and had no bedding. He administered shots to the pups but had no Health Certificates. 4 2/15/10 Puppy was throwing up, diarrhea, worms. Died in his sleep. Terry switched dogs on her after she left a deposit. Tied the original male yorkie up on a wire cord. No Health Certificate. 5 July 2009 Purchased yorkie poo puppy it died four days later. Was sick in the garage with other puppies. The pen had diarrhea and the pups were lethargic. He was trying to cover up the diarrhea in the cage with newspapers. Was sick the night she brought him home. Throwing up. Took to emergency. Diagnosed with parvo. He gave her $500 back. She spent $3000 with vet bills. 6 January 2009 Purchased a Pekinese diagnosed with parvo with no Health Certificate. Called him to tell him he had parvo at the kennel. There were close to 50 puppies when she visited. When the ACOs came out 13 days, there were only 13. Approx 37 dogs missing, sold?

Bloody Diarrhea Bowed Legs Breathing problems Cataracts Coccidia Congenital Megaesophagus Crystals in urine Cysts Demodectic Mange Diarrhea Diarrhea upon purchase; cancer at 5 years of age.

21 50 Sick Puppy Cases Petland Novi Allergies Severe vomiting and diarrhea- every 4-6 months, sometimes requiring hospitalization. Eats prescription diet and possibly early stages of proteinwasting disease. Bloody Diarrhea Bowed Legs Breathing problems Cataracts Coccidia Congenital Megaesophagus Crystals in urine Cysts Demodectic Mange Diarrhea Diarrhea upon purchase; cancer at 5 years of age. Brain Tumor Died at age 5. Ear infections due to allergies. Ear Mites Giardia Giardia when purchased requiring hospitalization for 3 days and puppy still being force fed by owner. Update 6/17/09: Kennel Cough and Coccidia Heart Murmur Hermivertebrae Intestinal Parasites. Kennel Cough Kennel Cough - Died Kidney failure Luxating Patella Luxating Patellas in both knees, arthitis in the hips. Surgery for knees is $1200 per knee. Luxating patellas requiring surgery Luxating patellas requiring surgery 3 times Misaligned teeth Probable Tracheal collapse Regurgitation Runny nose Seizures Severe underbite. Sneezing Stomach problems Tooth resorption. Treated for URI while in pet store Underweight Upper respiratory illness URI UTI

22 Sick Dogs Petland Westland Year Purchased Breed Problems Noted Breeder State 1 2008 Welsh Corgi-Penbroke Tired, eye infection (pending diagnosis). Kennel Cough? Or Parvo?

22 22 Sick Dogs Petland Westland Year Purchased Breed Problems Noted Breeder State Welsh Corgi-Penbroke Tired, eye infection (pending diagnosis). Kennel Cough? Or Parvo? Note: Store Beagle Worms TBD TBD Tumor TBD Brussel Griffon Luxating Patella, Hernia TBD Golden Retriever Bladder infection Note: Store Lahso Skin allergies (food related TBD?), walks funny, smells due to skin, eyes off, jaw is not aligned and is on a special diet. Nuetured at purchase by store TBD King Charles Kennel Cough, pnemonia, dehydration 8 TBD Bloodhound Kennel Cough TBD Italian Greyhound Coughing, runny nose, loss of appetite, no energy, sneezing, low grade fever, cryptorchid, missing dew claw on one foot Boston Terrier Stenotic nares, requiring surgery. Possible collapsed trachea being evaluated Yorkshire Terrier Chihuahua Parasites; hernia; cryptorchid OH Havanese Kennel cough; parasites MO Cavalier King Charles SpanieUpper respiratory infection; repaired hernia and neutered; dew claws not removed properly. OK Chihuahua Bloody stools when purchased. AR Yorkshire Terrier luxating patellas, requires surgery MO English Springer Spaniel Phobias and aggression MO Silky Terrier Kennel Cough, Sleeps all the time, won't eat or drink, heavy weezing AR Torkie Leg Perthes, Kennel Cough, Teeth pulled Note: Store Cocka-Bichon Missing testicle, invasive surgery looking for it. TBD Shiba Inu Luxating Patellas and allergies Yorkie collapsing trachea. Dog died Maltese allergies, breaks out in patches IN OH

14 Sick Puppies Macomb Dog Flipper ID Date

bilateral ear infections (yeast), an upper

internal bleeding, severe anemic, diarrhea,

hormones. May only live to be 2 years old.

diarrhea, coughing. Diagnosed with Pneumonia.

cough 11 9/4/10 Coccidia 12 Worms 13 1/3/11

23 14 Sick Puppies Macomb Dog Flipper ID Date Purchased Diagnosis 1 1/23/10 Parvo, bilateral ear infections (yeast), an upper respiratory infection, and a coronavirus 2 5/8/10 Coccidia, malnourished, anemic. 3 6/27/10 Coccidia, kennel cough, hook worms, internal bleeding, severe anemic, diarrhea, parasites 4 6/7/10 Born without growth hormones. May only live to be 2 years old. They are force feeding her 3x a day. She is only 3 lbs. 5 6/12/10 Pneumonia, hookworm, anemic (Died) 6 7/14/10 Underweight, not eatting. 7 8/12/10 Panting, lethargic, warm, vomiting, diarrhea, coughing. Diagnosed with Pneumonia. 8 8/25/10 Coccidia 9 9/10/11 Bone issues - needs surgery. 10 9/26/10 roundworm, coccidian, and kennel cough 11 9/4/10 Coccidia 12 Worms 13 1/3/11 kennel cough, pneumonia, worms, wasn't eating running eyes and nose 14 7/28/10 Teddy was incredibly sick. He had worms, kennel cough amongst other things

24 Petition Take Action Sign Our Petition Puppy Mill Awareness started a petition in support the Pet Lemon Law on Change.org. By signing the petition, citizens can let their representatives know that they support the law, too. The petition can be found here: e-mi-state-senate-pass-lemonlaw-to-protect-michigan-petbuyers

Trinity Shih Tzu Purchase Contract

Trinity Shih Tzu Purchase Contract Spay/Neuter agreement + 1 year Health Guarantee The buyer agrees to have the puppy examined by a licensed veterinarian within 48 business hours. A copy of the exam must