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.
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.
• 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
•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!
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.