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CT- Pet Shops - Sec. 22-344-21a. Prohibited sales |
This Connecticut regulation lists the animals of which the exhibition, sale or offer for sale by a pet shop is prohibited. The condition in which commercial kennel facilities, pet shops, grooming facilities, training facilities, and animal shelters must be kept are described including sanitation, health requirements, ventilation, and other structural requirements. |
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DC - Breeder - Subchapter II. Commercial Licensing Requirement. |
These D.C. laws require that the Mayor establish licensure requirements for commercial animal breeders in the District of Columbia. The rules must contain requirements as to licensing fees, standards of care, and facility inspection. For the purposes of this section, the term “commercial animal breeder” means any person, firm, organization, or corporation engaged in the operation of breeding and raising more than 25 animals per year for sale or in return for consideration. |
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DC - Dog - Consolidated Dog Laws and Dangerous Dog Provision |
These District of Columbia statutes make up the dog laws for the District. Included among the provisions are definitions, animal control and at large provisions, and vaccinations/licensing regulations. With regard to dangerous dogs, the term "dangerous animal" means an animal that because of specific training or demonstrated behavior threatens the health or safety of the public. The Mayor may impound any animal at large or any dangerous animal. If a dog injures a person while at large, lack of knowledge of the dog's vicious propensity standing alone shall not absolve the owner from a finding of negligence. |
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DE - Dogs - Consolidated Dog Laws |
These statutes comprise Delaware's dog laws. Among the provisions include licensing requirements, laws concerning hunting field trials, and the dangerous dog subchapter. |
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DE - Pet Sales - CHAPTER 40. PET WARRANTIES |
This Delaware statutory section comprises the state's "pet warranty" laws. Purchasers receive a statement of the dog's breed and any registration information when buying pets from a retail pet store under the law. Sellers are required to disclose any known disease or illness at the time of sale. Further, sellers must provide the following written statement when selling a registered pet: "A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage." Buyers may receive a refund or replacement, or have veterinary expenses reimbursed by a seller where a dog becomes ill or dies within 20 days of purchase (or within two years for a congenital disorder). |
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Deanna Wilson, the guardian of her beloved Avain companions v. PETCO Animal Supplies, INC. and DOES 1-10 |
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Dempsey v. Rosenthal |
A buyer of a poodle brought an action against a kennel, seeking to recover purchase price on ground that poodle was "defective" due to an undescended testicle. The buyer argued that the kennel had breached implied warranty of merchantability and fitness for a particular purpose. The Civil Court of the City of New York held that since the contract of sale did not exclude or modify implied warranty of merchantability, it carried with it such a warranty. In light of this, the poodle was not a merchantable good because a poodle with an undescended testicle would not pass without objection in the trade. Further, the kennel breached the warranty of fitness for a particular purpose since the kennel was aware that the buyer wanted a dog for breeding purposes. This case is also significant because the court also held that a buyer's opportunity to examine the dog when purchasing it does not defeat a warranty claim. Indeed, the type of examination would not be undertaken by a casual buyer of a male puppy. The court allowed buyer to revoke her acceptance of the dog and receive her purchase price.
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Detailed Discussion of Commercial Breeders and Puppy Mills |
This paper gives an overview of the commercial breeding industry in the United States, beginning with a discussion of the industry’s various market forms, including brick and mortar pet stores, Internet websites, and foreign breeders. The paper then examines the underlying federal law and administrative regulations that provide minimum care standards for certain breeders. What follows is information on various state laws and recent legislation, including an examination of the increasing prevalence of local laws that address the puppy mill industry. The paper then explains the enforcement of puppy mill laws, which is criticized as insufficient to address the problem, and concludes with the observation that local laws and consumer education appear to be the most feasible solutions to combatting the prevalence of commercial breeding. |
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Detailed Discussion of Dog Auctions and Retail Rescue |
This paper first describes a typical dog auction. Next, the paper details the factors that have led to dog auctions being fueled by well-intentioned rescue groups, relevant law that applies to dog auctions and what other legislative factors impact this trend. Finally, the paper offers potential solutions to shore up this growing problem. |
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Detailed Discussion of Retail Pet Stores |
With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.
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