PetStoreAbuse.com - Pet Store Laws

FEDERAL LAWS

THE ANIMAL WELFARE ACT

The Animal Welfare Act (AWA) is the federal law that regulates the treatment of certain animals sold as pets at the wholesale level, transported in commerce, and used in research or exhibits. It is enforced by the US Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS).

Hedgehog The AWA includes standards specifying the minimum requirements for handling, care, housing, treatment, transportation, feeding, watering, sanitation, ventilation, lighting, shelter, veterinary care, and separation by species. APHIS admits that these standards are NOT ideal (many animal welfare agencies point out that the ideals are NOWHERE near ideal), but APHIS "encourages regulated businesses to exceed the specified minimum standards".

To ensure that the standards are followed, APHIS periodically conducts inspections of regulated businesses. If problems are found, APHIS instructs the owners to correct them. If violations are not corrected by a given date, APHIS can take legal action to enforce the requirements. Penalties can include a fine, license suspension or revocation, confiscation of animals, or even a prison sentence (although this is VERY, VERY rare).

The animals regulated by the AWA include: "any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warmblooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet".

At this time, birds, mice, rats, fish, reptiles, and amphibians are NOT considered regulated animals. They can only be mentioned in an APHIS inspection report if there is the potential for a negative effect on the health or well-being of a regulated animal. For example, if the number of non-regulated animals is so large that the current staffing is inadequate to properly care for the regulated animals, APHIS can demand the store hires more staff or reduces their wholesale purchases.

(In 2002, in an out-of-court settlement, the USDA agreed to consider amending its definition of "animal" to include rats, mice and birds in AWA regulations. Congress has, so far, denied APHIS the funds to draw up an updated definition of "animal" - something they say will cost millions of dollars. Many have speculated that pressure from scientific research lobbyists is causing this delay.)

Baby Degu Pet stores are subject to the AWA if they qualify for "dealer" status by selling exotic or zoo mammals (skunks, hedgehogs, degus, sugar gliders, flying squirrels, etc.) or by selling animals to regulated businesses (research facilities, exhibitors, or dealers). In addition, pet stores that take animals out of the store for teaching or promotion purposes (such as a mall exhibit or petting zoo) should be licensed with the USDA as "exhibitors" and regulated by the AWA.

Exemptions from the AWA for pet stores are on an all-or-nothing basis. If a store is considered a "dealer" or an "exhibitor", all the mammals in the store - not just the exotic ones - are inspected. This means that if a pet store sells sugar gliders, you can file a complaint with APHIS against them for neglecting their other regulated animals (just not the reptiles, fish, birds, or mice).

Pet store chains are also treated on an all-or-nothing basis. If one outlet is considered a "dealer" or "exhibitor", the entire company must be licensed, and all regulated animals at all outlets are inspected.

One problem with the AWA is that there are far more facilities (almost 9,000) than there are USDA inspectors (85 nationwide). Many facilities go without being inspected anually and facilities that are inspected and found in violation of the law are not always reinspected to check for improvement.

Fortunately, most state and local governments also have laws and agencies that protect pet store animals.

For more information about the Animal Welfare Act, visit: http://www.aphis.usda.gov/animal_welfare/index.shtml

PROHIBITED PETS

Certain animals are prohibited by federal, state and municipal laws for public health or environmental concerns. Pet stores are not allowed to sell these animals where laws apply.

Praire Dog In June 2003, the viral disease monkeypox was reported among several people who had pet prairie dogs. The prairie dogs contracted the disease while they were housed in a pet store with imported African rodents. To prevent the spread of monkeypx, the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) issued a joint order prohibiting the importation and sale of all African rodents. The prohibited animals include Gambian giant rats, rope squirrels, and dormice. The order also banned the sale, offering for distribution, transport, or release into the environment, of prairie dogs.

The FDA prohibited the distribution and sale of chelonians (turtles and tortoises) with shells 4 inches in length or less in 1970 after a quarter million infants and small children were diagnosed with having turtle-associated salmonellosis. The agency believed that turtles with shells larger than 4 inches do not pose the same threat since youngsters would not likely try to fit them into their mouths. The FDA asks that anyone who has knowledge of sales or distribution of turtles less than 4 inches in length to report the location and circumstances of the sales to the nearest FDA office.

Snakehead fish were banned in the United States in October 2002 after a pair illegally released into a Maryland pond produced more than 100 fish within a year, wiping out the indigenous species. These fish can breath air, walk short distances on dry land, and survive droughts by burrowing into the mud. They have now been sighted as far away as Wisconsin.

Animals on the Endangered Species List and those covered by the Lacey Act (prohibits the sale of any wildlife that were taken or sold in violation of any U.S. laws and regulations) are also illegal to sell.

STATE LAWS

Twenty-seven states and the District of Columbia have laws mandating standards of care in pet stores. These laws address certain aspects of animal welfare (food, water, housing, veterinary care, euthanasia) but very few states address them all.

There are thirteen states (AL, AK, ID, KY, NM, ND, OK, SD, TN, UT, WA, WV, WY) that do not have laws regulating retail pet stores (although some cities in these states do). Fortunately, all fifty states have animal cruelty laws to prevent abuse and neglect. These cruelty codes apply to pet stores the same way they do to the general public. So even if a state does not have a law specifically mandating pet stores to provide adequate food and water, there may be a provision in the cruelty code which addresses the withholding of food and water.

To research animal cruelty laws, go to http://www.animallaw.info/statutes/topicstatutes/sttoac.htm.

HOUSING

The conditions pet store animals are housed in are very important. Not only can poor conditions (such as overcrowding) cause illness, stress, and injuries, but customers often use pet store housing as an example for how they house their animals at home. Unfortunately, most of the laws that do exist provide for the bare minimum and nowhere near the ideal.

Eighteen states (AZ, CA, CO, DE, FL, IL, IA, KS, ME, MA, MI, MN, MO, NV, NH, NY, OR, VA) and the District of Columbia have established requirements for the housing or caging of animals in pet stores. These provisions require that animals be provided with adequate space to stand up, sit down, and assume natural postural positions. Some states also require all housing to be constructed in a manner that prevents injury to the animals housed within (no loose wires, wide gaps, or rusty metal).

Some states, such as Colorado, have specific cage size charts for animals. Other states just use undefined terms - such as "reasonable amount of space" - that are left up to inspectors to interpret. Puppy with resting mat in wire cage.

A few states also require certain provisions inside cages. Many states require that dogs and cats be provided with a resting platform or mat that is large enough for them to lie on. In Florida, perching birds must be provided with a perch of sufficient diameter to prevent the meeting of the bird’s claws and high enough to prevent floor contact. Perches must accommodate all birds in the cage simultaneously.

Twenty-one states (AZ, CA, CO, CT, DE, GA, IL, KS, ME, MD (BIRDS ONLY), MA, MI, MN, MO, NV, NH, NY, OR, PA, VT, VA) and the District of Columbia require regular cleaning of enclosures and facilities. These require that carcasses, debris, food waste and excrement are removed with sufficient frequency to minimize the animals' contact with the contaminants. Sanitization is also usually required on a weekly or monthly basis.

Thirteen states (CO, DE, IL, KS, ME, MA, MI, MN, MO, NV, NH, NY, OR, VA) and the District of Columbia require sufficient lighting be provided for the cleaning and inspection of animals. Several of these states require the provision of diurnal lighting (night and day cycles) to reduce animal stress. There are also laws requiring that cages not allow “excessive illumination”.

Twelve states (CO, DE, IL, KS, ME, MA, MI, MN, MO, NH, NY, VA) and the District of Columbia require that the temperature in pet shops be kept in a comfortable and suitable range.

Fourteen states (CA, CO, DE, GA, IL, KS, ME, MI, MN, MO, NV, NH, NY, OR) and the District of Columbia require that facilities be properly ventilated to minimize noxious odors, moisture and condensation. In Missouri, for example, pet shops must provide “proper conditions” of ventilation and must minimize odors, drafts, ammonia levels and moisture condensation. Auxiliary ventilation must be applied when temperature reaches 85 degrees. (MO. ANN. STAT. § 273.344)

In Maine, noise must be kept to a minimum to prevent discomfort. (CODE ME. R. 01-001 Ch. 701, § I)

FOOD AND WATER

Astoundingly, only twenty states (AZ, CO, IA, KS, LA, ME, MA, MI, MN, MO, NV, NH, NJ, NY, NC, OR, PA, RI, VT, VA) require that pet stores provide animals with food and water. (Four states (CA, DE, HI, IL) require only that food be available.) These provisions specify the quality of food and water provided as well as a maximum length of time between feedings or supplying fresh water.

Maine law mandates that pet stores feed animals at least twice a day. Malnourished animals must be fed more frequently and, once on solid food, puppies and kittens must be fed 3 times daily. clean water must be available at all times and freely accessible. Birds must have food and water available at all times. (CODE ME. R. 01-001 Ch. 701, § I)

VETERINARY CARE

Only 17 states (AZ, CA, CO, CT, FL, KS, LA, ME, MN, MO, NE, NV, NH, NJ, NY, PA, VA) have laws mandating veterinary care in pet stores. The strength of these laws varies. For example, Minnesota only requires a veterinary exam before an animal is sold. This potentially means that pet stores in Minnesota are under no legal obligation to provide veterinary care to a sick animal if that animal is not being immediately purchased.

Four states (KS, ME, MO, NE) require that pet stores devise, usually in conjunction with a licensed veterinarian, a written program preventing disease, parasitic infestations, and/or injuries for the animals housed at the pet shop.

Often feeder animals, fish and invertebrates are excluded from the law. In Colorado, “timely” vet care and prescribed therapy must be given to “seriously ill or seriously injured” pet animals, except for feeder animals.

Pet shops can only provide “medical treatment” to birds or animals in their custody under the supervision of a veterinarian. (Penalty: misdemeanor and max $1,000 civil fine) (N.H. REV. STAT. AN. § 437:5, N.H. REV. STAT. ANN. § 437:9)

A number of states require a certificate of health to accompany animals when they are transported across state lines for sale at a pet shop; other states require these health certificates prior to offering the animal for sale regardless of whether or not the animals were imported.

EUTHANASIA

Euthanasia (Greek for "good death") is the practice of killing in a painless or minimally painful way for merciful reasons, usually to end suffering. Euthanasia can be carried out with inhalants, lethal injection, or physical methods (decapitation, shooting, electrocution).

Twenty-two states (AZ, AR, CA, CT, DE, FL, IL, IN, IA, KS, ME, MD, MA, MN, MO, NJ, NY, OH, PA, RI, VA, WI) regulate the methods by which animals can be euthanized in pet stores and/or animal shelters. Most of these states have banned cruel forms of euthanasia such as decompression chambers and the use of nitrous oxide. They also usually require that a veterinarian perform the euthanizations. In some states, such as Florida, euthanasia can be performed by a vet or "person who is humane and proficient".

In California, it is illegal to use carbon monoxide or nitrogen gas and it is the policy of the state that "no treatable animal should be euthanized".

In Arkansas. it is unlawful for a retail pet store to kill any animal in its care, custody, or control without a prior written or oral recommendation from a doctor of veterinary medicine citing the animal's interest justifying the killing of the animal.

THE SALE OF UNWEANED ANIMALS

There are twenty-four states (AZ, CA, CO, CT, FL, IL, IN, KS, ME, MD, MA, MI, MN, NV, NH, NJ, NY, NC, OH, PA, RI, VA, WI) and D.C. which prohibit the sale of certain unweaned animals. Most apply to dogs and/or cats and require the animal to be at least 8 weeks old. (In Pennsylvania, dogs only have to be 7 weeks old to be imported into the state.)

Some states (CA, CO, IN, NH, NJ) and the District of Columbia also have laws regarding chickens, ducks, rabbits, goslings, and fowl - sometimes with an exception if they are sold in a group of twelve or more.

New Jersey prohibits anyone from selling rabbits, turtles, chicks, ducklings, other fowl, or chameleons under 2 months old if they fail to provide “proper” care for the animals. New Jersey has also prohibited the sale of ferrets under 8 weeks old and, in Colorado, it is illegal to sell guinea pigs, hamsters, and rabbits under four weeks old.

California is the first and only state to prohibit the sale of unweaned parrots. Weaning or 'hand raising' parrots is a very complicated and demanding process that should be left to experienced breeders. For more information, click here.

Many cities and counties also have regulations concerning the sale of unweaned animals. In Myrtle Beach, SC, "sales of unweaned, sick or diseased animals are prohibited". In Anchorage and Juneau, Alaska, it is "unlawful to sell an unweaned horse, dog, cat, ferret or bird".

SOCIALIZATION & EXERCISE

At this time, only one state — California — requires socialization for pet store animals. In many cases animals may languish for many weeks or even years before being bought, especially larger animals such as parrots. Lack of enrichment often results in psychological stress, as is evidenced by repetitious behavior such as pacing or, in the case of parrots, feather plucking.

Exercise is also very important, especially for young, growing puppies. In Virginia, pet stores must provide “adequate exercise” to each companion animal. (VA. CODE ANN. §§ 3.1-796.68, 3.1-796.71)

BIRDS IN PET STORES

17 states (CA, CO, CT, GA, HI, IL, KS, ME, MD, MA, MN, NJ, OR, RI, VT, VA) and the District of Columbia include birds under the term "animal" (so birds are covered by their general pet store laws).

Both Colorado and Massachusetts have specific language defining housing requirements for birds in pet stores. Massachusetts law requires that enclosures allow the birds inside to fly, hop or otherwise move about, individually spread their wings and perch in a normal position. Colorado law includes both space and density requirements. Birds must have food and water at all times.

Many states also require pet stores to give to each consumer purchasing psittacine birds a warning of psittacosis.

Some municipalities also cover birds in their municiple code. In Mobile, AL, it is unlawful for pet stores to place a bird's water and food supply in such a way that the droppings can contaminate them.

FEEDER ANIMALS

Fancy rat. Many pet stores sell mice and rats as 'feeders' for snakes and other reptiles. These rodents are usually the same 'fancy' breeds that people keep as pets.

In most states, feeder animals are given less legal rights than other animals - even other rodents. Laws requiring prompt veterinarian care often exclude feeders. And only Minnesota has laws that are directed towards rodents in particular.

In Minnesota, rodent cages must have a solid bottom impervious to moisture or wire that prevents leg/feet injuries. Rodents must be fed at least daily and receive sufficient clean and potable water. They must be provided with chewing materials to prevent teeth overgrowth. Pet stores must also "regularly clean rodent cages and cover the floor with clean, dry bedding which must be changed at least weekly. If the cage becomes soiled or wet to a harmful degree, the animals must be transferred to clean quarters as soon as possible.

FISH IN PET STORES

Fish are also commonly left out of pet store legislation. Most animal control agencies will be hesitant to do anything about a pet store that just abuses their fish, but will include the fish if other charges are filed (if other animals are being abused as well).

Animal cruelty laws, however, are generally written to protect “every living dumb creature” or “every living vertebrate, except humans.” In a handful of states, the laws do exclude certain types of animals, such as fish, crustaceans, or invertebrates, but these exceptions are the minority.

Some municiple laws also cover fish: In Myrtle Beach, South Carolina, temperature, ph balance, light intensity, salinity and mechanical air and water filtration systems must be employed that are species appropriate.

PROHIBITED PETS

Many states have laws concerning the animals that can and cannot be sold as pets.

Commonly prohibited animals include, but are not limited to:

Crocodilidae (many states)

Ferrets (CA, NYC)

Gerbils (CA)

Sugar gliders (AL, CA, GA, HI)

Monkeys (AK, AR, CA, CO, CT, GA, IN, KY, LA, ME, MD, MA, MN, MS, NH, NJ, NM, NY, PA, RD, TN, UT, VT, WY)

Box turtles (AL, FL, IA, IN, ME, MI, NH, NJ, PA, RI, WI)

Red Eared Slider turtles (CA, IN, OR, WA)

Snapping Turtles (CA, FL, IN, ND, OR, RI)

Skunks (AK, AZ, AR, CA, CO, CT, DE, HI, IL, KS, ME, MD, MA, MS, MO, MT, NE, NV, NH, NY, NC, ND, RI, SC, TN, TX, UT, VT, VI, WA, WV)

Hedgehogs (AL, AZ, CA, GA, HI, NYC, PA, UT)

Kinkajous (CA)

Crayfish (CA, WA)

Monitor lizards (HI, MA, NY)

Degus (CA)

African clawed frogs (AZ, CA, FL, HI, KY, LA, NV, NJ, NC, OR, VA, WA)

Coatimundi (CA)

Chameleons (MA)

Firebellied toads and firebellied newts are banned in Oregon.

All species of turtles are banned in Tennessee and New Jersey.

In Rhode Island, it is illegal for pet stores to chicks or ducklings.

Hawaii has banned: Alligators, iguanas, bearded dragons, corn snakes, bulbuls, coconut crabs, electric catfishes, ferrets, gerbils, hamsters, hermit crabs, land snails, lion fishes, lories, monk parakeets, piranhas, snakes, snapping turtles, and other animals.

Only approved animals from a list can be brought into Alaska - if it's not on the list, it's not legal.

In some states it is illegal for pet stores to sell any native species. Visit your state's Department of Natural Resources (or Fish and Wildlife) website for more information.

Colorado prohibits pet stores from selling raccoons and other wildlife.

Connecticut requires pet stores to retain written confirmation that their turtles were not taken from the wild.

Many cities and counties have also banned the sale of certain animals. In 1999, New York City banned the sale and keeping of a LONG list of animals, including, but not limited to: ferrets, green iguanas, pythons, boas, tegus, and all crocodilians. The ban still exists today, much to the dismay of pet owners.

EMPLOYEE TRAINING AND CUSTOMER INFORMATION

Nebraska is the only state requiring that pet shops provide animal care training to their employees.

California and Maine are the only states requiring pet stores to give customers written information on an animal's housing, equipment, cleaning, feeding and environmental requirements.

LEMON LAWS

Because the risk of buying a sick animal in a pet store is so high, several states (AZ, AR, CA, CT, DE, FL, ME, MA, MN, NV, NH, NJ, NY, PA, RI, SC, VT, VA) have enacted "lemon laws" that give pet store consumers some protection. For a complete list click here.

Pet lemon laws give pet store customers the right to return a sick or dead pet (most laws apply to dogs, sometimes cats) for a refund or replacement. Most also give customers the option of retaining the pet, having it treated and getting some level of reimbursement for veterinary expenses (the amount of reimbursement is usually limited to the purchase price of the pet plus sales tax).

In most states, the owner has one to two weeks to return the animal, with a certificate from a veterinarian stating that the dog has a serious disease or congenital defect that was present when the dog was sold. If the dog suffers from a congenital disorder, the owner may have up to a year to return it to the pet store and/or get a refund.

If the pet store refuses to refund or reimburse a customer within a certain number of business days following receipt of the veterinarian statement, the customer can file an action in court to resolve the dispute. The prevailing party in the action is usually awarded reasonable attorney fees if the other party acted in bad faith in seeking or denying the requested remedy.

Pet stores do not have to pay reimbursements if the animal's illness or death resulted from maltreatment, neglect, or injuries that occurred after the sale; or if the veterinary statement received at the time of sale discloses the disease or condition. Parasites are not a qualifying illness for compensation under most laws.

MISCELLANEOUS LAWS

In Colorado, pet animal dealers must give to each consumer purchasing psittacine birds a specific sales record disclosing the dealer’s data and warning of psittacosis. Consumers purchasing reptiles must be given a signed receipt warning of salmonella. (8 COLO. CODE REGS. § 1201-11)

Massachusetts pet shops are prohibited from selling or giving away dogs or cats for which they do not have a health certificate issued within 7 days of transfer. (MASS. REG. CODE tit. 330, § 12.05)

Ferrets must be inoculated before sale by pet shop. Prohibits possession of ferrets unless spayed or neutered. (Penalty: seizure of animal) (MASS. GEN. LAWS ANN. ch. 131, § 77, MASS. REG. CODE tit. 321, § 2.07)

Pet shop operators and dog dealers must provide care and environmental conditions for reptiles, fish and amphibians “compatible” with the species. (8 ILL. ADMIN. CODE 25.30)

In Nebraska, commercial breeders, dealers and pet shops must identify all cats and dogs using a tag, tattoo, or microchip. Must keep id for dead animals for 1 year. (NEB. ADMIN. R. & REGS. Tit. 23, Ch. 18 § 008)

New York pet stores must give purchasers of cats and dogs a written paper advocating spay/neuter. (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)

South Carolina requires anyone selling a ferret to give an info sheet to the buyer warning of ferrets’ propensity to bite. (S.C. CODE ANN. § 47-5-50)

LICENSING

Twenty-two states (AZ, AR, CO, CT, FL (birds only), GA, IL, IA, KS, ME, MD (birds only), MA, MI, MO, NE, NH, NJ, NY, NC, PA, RI, VT) and the District of Columbia require that pet stores obtain a "license to operate" from a state or local agency.

Pet store operators have to fill out an application, pay a fee (from $50 to $300), and, usually, allow inspection of the premises before a license is issued. They are then subject to future inspections. In most states they also have to post a sign in a visible location stating that complaints can be filed with the appropriate agency (usually the department of agriculture or the department of health).

Pet shops are required in 20 states (AZ, AR, CA, CO, DE, FL, GA, IL, KS, ME, MD, MA, MI, MO, MT, NE, NH, NY, OR, RI) and the District of Columbia to record basic data, such as the dates of acquisition and sale of each animal, the animals’ identification numbers, the breeder’s name and contact information, and/or the purchaser’s name and contact information. In some states, veterinary and euthanasia records must be kept as well.

ENFORCEMENT

In most cases, local humane societies or animal control agencies enforce pet store laws. In some states, however, the State Department of Agriculture is the only agency allowed to inspect stores.

When a store is inspected and found to be violating a law, it is then decided by the district attorney if charges should be filed. When stores are prosecuted, they are usually only fined a small amount. Only in severe cases, with plenty of media coverage, are abusive stores closed down.

LESS THAN ADEQUATE

Most states' pet store laws do not adequately address the welfare of animals. In fact, less than half of all states mandate that food and water be provided to animals in pet stores. Out of these states, eight of them only require that food and water is available to dogs and cats. This means that other animals, such as rodents, birds, and reptiles, are left unprotected.

It is possible to witness horrible cruelty and neglect that is technically legal.

Enforcement is also a problem. There are simply not enough officers to regularly inspect all pet stores. So most stores are only inspected when complaints have been filed against them - something that requires action on the part of customers and witnesses of abuse.

Some agencies also have a serious lack of knowledge about the different species of animals found in pet stores. Many animal control officers know very little correct information on reptiles, fish, and parrots. This is unfortunate because these are the animals that are most commonly abused.

FOR MORE INFORMATION ON PET STORE LAWS, VISIT THESE RELATED WEBSITES:
API's State Pet Shop Laws
The Sale of Pets at Retail Pet Stores by Ashley Duncan