MN Puppy Kitten Lemon Law

Current Minnesota statutes


Breeder bill(s)

Mandatory Spay/neuter

Breed-specific

Dangerous dog

Dept Ag, best management standards

LEGISLATIVE UPDATE -- 2010

The Minnesota legislature has completed this year's legislative session.  The bills from the two-year session did not pass.   Remember, once a bill is in the legislative process, it can reappear in the next bienium.  We will continue to monitor the situation and give updates and provide links to the ongoing legislation. 

Our focus has been on the "breeder licensing" bills. The bills are the same numbers: HF  253 and SF 7 as last year.  NOTE: SF 7 was amended (a "delete all" amendment) to change its language to match that of HF 253.
            20 dogs and 5 litters (rather than 6 dogs) plus
            inspection by Board of Animal Health
            no cap on number of dogs allowed
            use already existing animal care rules

AND -- the bill, SF 7 was then voted down in the Agriculture and veterans committee of the Senate.

Last year we did support this bill in the House, as amended. We felt it was a much better bill than some of the earlier ones, which we did not support. And, as responsible hobby breeders, we need to be on the inside of the process, involved and making our opinions known, to get the best possible bill for all of us.
.

We will keep you posted if any other information becomes available.

If there are other bills introduced we are against, or for, we will post that information here. Please be aware that there are some with agendas unrelated to animal welfare, the proper care of our beloved pets, that are very involved in the process.  We may agree with them on a few points, and not on many others but we do need to work together to promote the welfare of our best friends.

    **************************************

• All breeders required to collect sales tax, which is most, must follow the provisions
• Contracts must be used with certain minimum warranties
• All infectious disease is covered for 10 days from the time of purchase
• Congenital/hereditary defects are covered for 1 year from the time of purchase
  • note that MPDBA breeders guarantee this for a minimum of 2 years
• Buyers must contact the seller within two (2) days of a diagnosis of a problem
• Replacement of the pet, or refund of money is at the option of the buyer and included in the original contract.
• Registration papers must be provided within 90 days
  • note that AKC requires papers at the time of purchase, or full name of sire and dam be provided to the buyer
  • if this does not occur, the buyer may keep the pet and demand refund of half the purchase price, or return the pet for a full refund.
• The contract must include:
  • names of sire and dam with their registration numbers
  • a description of the pet
  • a statement that there either are no known health defects, or indication of what may be present
  • "USDA" number -- this is only for those that sell through second parties, such as pet shops
  • attached written health exam from veterinarian

A sample State contract is available at:   [coming soon]
And, samples of the MPDBA contract may be seen at: [coming soon]

Non-MPDBA members may use similar contracts with the same information but must not imply that they are members.

[Return to top of page]

*************************************************
Other Current Minnesota Statutes
    Cruelty and standards of Care

   One of the things we hear as to why additional breeder licensing bills/laws are needed is that currently there is nothing to prevent puppy mills from operating.  Well, there is, it is the enforcement that is difficult, both finding them and funding the investigations.
    Minnesota has several anti-cruelty statutes in place, plus the Best Standards of Care.  In addition, USDA covers those facilities that sell through second parties, dealers and some others.

Chapter 343 = Prevention of Cruelty to Animals

Chapter 346 = Stray animal; Companion animal

Dog and Cat Management, Best Standards of Care 
    from Minnesota Dept. of Agriculture

Chapter 347 = Dogs and Cats

USDA Animal Welfare Regulations

************************************************

"Dog and Cat Breeder Bill" (historical background)

This legislation was proposed initially during the 2007-2008 legislative session.  At the end of the 2008 session it had not been passed out of committee in either the House or the Senate.

It was then reintroduced, in a slightly altered fashion for the current legislative session (2009) as SF 0007, in the MN Senate and HF 0253 in the house.  In the Senate the bill had a hearing Jan. 27 and was tabled; the House bill has not been assigned to committee as of that date.

Our position was in opposition to this particular bill.  We certainly are concerned about pet welfare, and the excess numbers of animals that exist, however, this bill does little to help with that situation.  It defines Hobby breeders as those with fewer than 6 breedable bitches; many reputable breeders, mushers, sportsmen, rare breed fanciers have more than and raise them in their home. 

Other bills were also introduced.  We then met with representatives of many organizations, including animal rights, commercial breeders, veterinary association, and other animal welfare groups to develop: 

A potential bill, about to be introduced, that MPDBA may be able to support at this point.  Text of this bill is available on the Animal Ark web site: summary of points on the linked page, click at the bottom for the bill text in pdf format.  This was introduced as the new HF 253 via a "delete all" ammendment.  We did support this version, and testified committee hearings in favor. 


Or the National Animal Interest Alliance site: www.naiaonline.org

And, the AKC as well monitors and has position statements on legislation  www.akc.org

[Return to top of page]


Mandatory Spay/Neuter

 Briefly, many areas are beginning to pass ordinances requiring the mandatory spaying/neutering of all dogs and cats by 4 months or 6 months of age (sometimes rabbits and ferrets too).  This is not a solution to the pet oversupply problem, and is not something that we support.  We encourage owners of pets that are not to be used for breeding to have them altered, but feel that legislation requiring this is counter-productive

[Return to top of page]
 

Breed-specific legislation

We are proud of our work in the early 1990s in getting state legislation passed that forbids the banning of any specific breed by a local government unit (town, city, county etc.)  It is the individual animal behavior that should be responded to or as many have said "ban the deed not the breed.' There currently (2009) is no known legislation on this topic.


[Return to top of page]


Dangerous Dog Laws
The 2008 legislature did pass this bill which increased penalties for some acts by specific dogs, and increased fines.  We continue to watch to see what is coming next in this area.  Again, the behavior of the individual dog is the important thing, this of course is a reflection of the behavior of the dog's owner.





[Return to top of page]