puppy and kitten lemon law

Minnesota Statutes 325F.79-325F.792 aka MN puppy/kitten Lemon Law

 

The following is a brief summary of the contents of this Statute.  You can find the full version on the Minnesota Legislature site:

 

Minnesota's law applies to both dogs and cats. It covers anyone required to collect state sales tax for the sale of animals. This includes hobby breeders, pet shops, commercial breeders, and backyard breeders.  The seller is required to use a contract which must meet at least the minimum standards in the law.  (Most hobby breeders warranty far more than the minimum)

 

Contagious and infectious diseases are covered for 10 days from the time of purchase; congenital or hereditary defects are covered for one year. (NOTE: MPDBA contracts have a minimum 2 year time for congenital/hereditary defects.) The buyer must contact the seller within two days from the time of diagnosis by the veterinarian. If the disease/defect is present, the seller is then required to either replace the animal or refund the purchase price, and to reimburse the buyer's reasonable veterinary expenses up to the purchase price of the animal. The option of replacement or refund is the choice of the buyer made at the time the contract is signed.

 

Unlike many states, Minnesota also requires the seller to produce registration papers within 90 days. If the seller does not do so, the buyer can keep the animal and demand a refund of half the purchase price. Or, if the buyer wishes, he can return the animal for a full refund.  (AKC as well requires that you get the papers when you get the pet; or the full names and registration numbers of sire and dam).

 

The contract needs to indicate the sire and dam of the puppy/kitten, registration numbers, a description of the pet, a statement that there are no known health problems or a description of any that might be present.  The seller must also provide a written copy of the pet’s health examination from a veterinarian.  You may notice in the official Lemon Law contract a space to indicate the “USDA number” of the breeder.  Only commercial breeders, those that sell through second parties such as pet shops, must have a USDA number.  Breeders that sell directly to the buyer do not (and should not) have this number.

 

 

link to legislation

Animal Welfare, not Animal Rights

Be aware of legislation limiting your rights to own and breed dogs

 

 Please be aware of what legislation is being proposed, get to know your legislators, and check our web site for updates.

 

Many animal rights people sincerely believe that all intentional breeding of purebred animals is wrong and that random bred, or perhaps “hybrids,” are all that should be bred.  We need to be aware of and educate people about the health of dogs that come from reputable breeders, the contracts we continue to use, and our care and concern in breeding the best.

 

Animal Welfare:

• Promotes humane treatment of animals

• Believes that humans have a responsibility to care for animals and insure their well-being

• Supports education to improve the well-being of animals, both domestic and wild

• Supports the human-animal bond; acknowledges the benefit to people from interacting with animals

• Supports good husbandry practices

• Supports managing animal populations by hunting

• Supports keeping animals in zoos, and enjoying animal sports, animal shows and fairs; supports animals in movies, circuses and on stage

• Supports responsible pet breeding and ownership

• Supports use of animals in research under appropriate guidelines for advancement of technology and medicine

• Supports training and use of animals in service to assist people with disabilities

 

Animal Rights:

 •Is based on a moral and ethical philosophy that no species, including humans, is better or more important than another

 •Believes pet ownership is a form of slavery

•Believes humans have no right to use animals for food, clothing, research, or for entertainment (including zoos, aquariums, rodeos, circuses, and pets)

 •Believes animals should lead their own lives without human interference

• Believes the life of a human and life of an animal are of equal value

• Opposes purposeful breeding of domestic animals and pets

• Opposes hunting and fishing

• Believes current legal definition of animals as property should be ended or changed

•Believes animals should either be “self-owned” or have legal standing of “personhood”

• Plays on sympathies of animal lovers to pass laws restricting owners’ rights

Protect your rights to own and enjoy animals!

 

 

how to contact your state representative

The Minnesota Commercial Breeders Licensing and Enforcement Law  went into effect July 1, 2014. This law licenses and regulates commercial dog and cat breeding facilities in Minnesota that meet the definition of "commercial breeder." A commercial breeder is defined in the law as "a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year." The MN Board of Animal Health (BAH) has the authority to administer and enforce the law.

 

As of July 1, 2015, a commercial breeder must obtain an annual license for each facility it owns or operates. . The initial prelicense inspection fee and the annual license fee is $10 per adult intact animal, but each fee must not exceed $250. The BAH  must perform an announced initial prelicense inspection within 60 days from the date of receiving a license application.

A license holder must apply for license renewal annually by submitting a renewal application on a form approved by the board.

 

The board must inspect each licensed facility at least annually  to verify that it meets all the requirements specified in Minnesota Statutes 347.57 to 347.64.

 

A commercial breeder must establish and maintain a written protocol for disease control and prevention, euthanasia, and veterinary care of animals at each facility. The initial protocol must be developed under the direction and supervision of the board.

 

A commercial breeder must maintain a written protocol that is updated at least every 12 months and that is signed and dated by the board or by a veterinarian along with the commercial breeder. The written protocol must be available to the board upon request or at the time of inspection.

 

An animal sold or otherwise distributed by a commercial breeder must be accompanied by a veterinary health certificate completed by a veterinarian. The certificate must be completed within 30 days prior to the sale or distribution and must indicate that the animal is current with vaccinations and has no signs of infectious or contagious diseases.

 

The board must maintain and post in a timely manner on its Web site a list of commercial breeders licensed and in good standing under this section.

 

A commercial breeder's state license number or a symbol approved by the board must be included in all of the commercial breeder's advertisements or promotions that pertain to animals being sold or traded including, but not limited to, all newspapers, Internet, radio, or flyers.

 

 

legislative update

Bill Seeks to Modify Use of Traps that Could Harm Pets

By AKC Government Relations

Mar 16, 2021 |

 

Minnesota House File 2086 seeks to modify the use of certain traps used in hunting, and would require the reporting of pets or companion animals found caught in the traps.  While the bill has been referred to the Environment and Natural Resources Finance and Policy Committee, it has not been scheduled for consideration.  Concerned owners and enthusiasts are encouraged to contact their state representative and express their thoughts on the legislation.

 

The American Kennel Club (AKC) encourages and strongly supports the interaction and mutual enjoyment of owners and dogs in sporting activities such as hunting and field trials; in working circumstances such as herding, tracking, and pulling; and in competitive events such a dog shows, obedience trials, agility trials, and other performance events and tests.  The AKC believes that dogs should be properly cared for, humanely trained, and not pushed beyond reasonable limits for which they were bred.

 

AKC supports measures that help ensure the safety of dogs participating in such activities.

 

As introduced, HF 2086 would:

 

    Modify the acceptable uses of body-gripping and encapsulated foot traps.

    Require a person who finds a pet or companion animal taken in the person’ trap or snare to notify a conservation officer or employee of the Fish and Wildlife Division within 24 hours after the animal is discovered by the person or the taking is reported to the person.  Failure to do so would result in a misdemeanor and loss of income.

 

For information on this issue, go to www.doglovers4safetrappingmn.org

 

WHAT YOU CAN DO:

Concerned Minnesota residents are encouraged to contact their state representative to express their views on HB 2086 and trapping practices.  Click here to access the Minnesota Legislature’s Who Represents Me? tool.

 

FOR MORE INFORMATION:

Contact AKC Government Relations at doglaw@akc.org.

 

Wednesday, March 10, 2021

 

https://www.akc.org/legislative-alerts/akc-supports-minnesota-bills-permit-emergency-care-police-k9s/

 

Current Minnesota law does not allow certified emergency medical responders to provide emergency care to police dogs injured in the line of duty.  Minnesota House File 568 and Senate File 952 would allow certified emergency medical personnel to provide emergency medical care to injured police dogs. The American Kennel Club (AKC) supports both HF 568 and SF 952.

 

AKC values the contribution that all working and detection dogs make to national security and the extraordinary role that these dogs play in protecting the peace and security of individuals and communities.  We honor the breeders, trainers, and handlers of these dogs, and support efforts ensuring that specialized care is provided to protect the wellbeing of police dogs.

 

HF 568 is scheduled to be considered by the House Health Finance and Policy Committee in a virtual hearing on Friday, March 12, at 1PM.  SF 952 is scheduled for consideration by the Senate Health and Human Services Finance and Policy Committee in an in-person and virtual hearing on Monday, March 15, at 1PM.

 

Minnesota residents are encouraged to contact the members of House Health Finance and Policy Committee to express support of HF 568 and the members of the Senate Health and Human Services Finance and Policy Committee to express support of SF 952.

 

Comments in support of HF 568 may be emailed to the House Health Finance and Policy Committee’s Administrator Patrick McQuillan at Patrick.McQuillan@house.mn.  Contact information for individual committee members is available here.  Please also copy HF 568 sponsor Representative Shane Mekeland at Rep.Shane.Mekeland@house.mn.

 

Comments in support of SF 952 may be emailed to the Senate Health and Human Services Finance and Policy Committee Administrator Bailey Strand at Bailey.Strand@senate.mn.  Contact information for individual members is available here.  Please also copy bill sponsor Senator Andrew Mathews at Sen.Andrew.Mathews@senate.mn.

 

AKC Government Relations will provide updates on HF 568, SF 952, and other dog-related Minnesota legislation as developments warrant.  For more information, contact doglaw@akc.org.