1. Ch.9

2. & Care of Animals by Pet Dealers AGM 26-A

3.  Any person who sells more than 9 animals
per year to the public
◦ Does not include humane societies
◦ Does not include breeders who sell less than 25
animals per year born and raised on the premises

4.  753A – Within 5 days of receipt of a dog, a
pet dealer must have a veterinarian examine
the dog for any health problems.
◦ A pet dealer cannot sell a dog or cat 18 months or
older with a congenital problem unless the
consumer is notified in writing.

5.  Section 754
◦ Every pet dealer who sells an animal to a consumer
must provide the consumer with written notice of
his/her rights under this law at the time of sale.
 Can be included in a written contract
 Animal history certificate (must include rabies immunizations)

6. Your Checklist if Buying From a Dealer:
GBL 35-D 753-b (page 5)

7. GBL 35-D 753-c
Animal Pedigree Registration
Page 6

8.  Section 753 – After the purchase of a cat or
dog from a pet dealer, a consumer has 14
business days to obtain a certified statement
from a veterinarian that the animal is unfit for
purchase due to illness.

9.  Return animal and get refund for purchase
price and cost of vet certification
 Return animal in exchange for another and
cost of vet certification
 Keep animal and get reimbursed by dealer for
vet costs for curing the animal, not to exceed
purchase price
◦ Refund/reimbursement must be made by dealer within 10 business days
of receipt of certification

10. Care of Animals by Pet Dealers
New York

11.  Section 401 – Pet Dealers must provide the
following standards of care for every animal
in their custody:
◦ Enforced through Agriculture and Markets
Inspections
 1. Housing
 2. Sanitation
 3. Food and water
 4. Handling
 5. Vet Care

12.  Section 403 – A pet dealer in NYS must have a
license issued by the NYS Dept. of Agriculture
and Markets.
◦ Can be delegated by AGM to county or city where
pet dealer is located
 $100 fee ($25 if dealer sells less than 25 animals per
year)
 Helpful NYSHA Fact Sheet

14. Pet keeping began in the 1800s
Keeping an animal for pleasure was
the privilege of the upper class until a
thriving middle class emerged.

15.  Pet Ownership
◦ American Pet Products Association (click for more
statistics)
 382.2 million animals kept as pets – 2008
 377.4 - 2010 (economy?)

16.  63% households – 2006 (up from 56% in 1988)
 Why do we have pets?
◦ Companionship
◦ Unconditional Love
◦ Adorable, funny, etc.
Who is most likely to have a pet?
-Between ages 18-49
-White
-Incomes $75,000+

17. Why do we have pets?
And the number one reason is: Companionship

18. Property? Dependents?

19. Pet Evacuation Transportation Act of 2006
Requires federal, state and local emergency preparedness officials to include
pets in plans for emergency evacuation during disasters

21. HSUS Pet Overpopulation Estimates
HSUS estimates that 6-8 million animals are received by shelters each year

22.  1973 – cats and dogs euthanized – 13.5
million
 2000 – 4-6 million
◦ Source: HSUS State of the Animals 2001
 Over the same period the total number of
cats and dogs nearly doubled.

23.  From ANIMAL PEOPLE, July/August 2008:
U.S. progress vs. shelter killing
 Year Millions of Killed per
dogs & cats 1,000
killed Americans
1950 - a time when animal control in much of the U.S. was still done by private
contractors, who often simply killed strays or sold them to labs instead of taking them to
shelters, and unwanted puppies and kittens were frequently drowned
1950 2.0 13.5
1970 23.4 115.0
1985 17.8 74.8
1997 4.9 21.1
1998 4.9 19.4
1999 4.5 16.6
2000 4.5 16.8
2001 4.4 15.7
2002 4.2 15.3
2003 4.5 14.8
2004 4.9 17.4
2005 4.4 14.8
2006 4.0 13.6
2007 4.2 13.8

24.  From ANIMAL PEOPLE, July/August 2008:
 Region Cats Dogs Ratio
 NORTHEAST 36,282 18,690 66/34
MID-ATLANTIC 137,050 80,490 63/37
SO. ATLANTIC 497,777 459,485 52/48
APPALACHIA 220,557 187,882 54/46
GULF COAST 444,203 378,395 54/46
WEST 156,911 184,200 46/54
MIDWEST 491,442 418,636 54/46
PACIFIC 308,271 145,069 68/32
U.S. TOTAL 2,292,493 1,872,847 55/45

25.  Northeast – Lowest
◦ Weather
 Cold winters lower fertility rates and claim more lives
◦ Low cost spay neuter program availability
◦ Animal Control policies
 Higher licensing fees for unaltered animals

26.  § 110. License fees. 1. The license fee for dog
licenses issued pursuant to subdivision one
of section one hundred nine of this article
shall be determined by the municipality
issuing the license, provided that the total fee
for an unspayed or unneutered dog shall be
at least five dollars more than the total fee for
a spayed or neutered dog.

27. “Euthanasia techniques should result in rapid loss of
consciousness followed by cardiac or respiratory arrest
and the ultimate loss of brain function” - AVMA

28.  Intravenous injection (preferred)
◦ Sodium pentobarbital or potassium chloride
 Gassing
◦ Ether, carbon dioxide or carbon monoxide
 Electrocution and penetrating captive bolts
◦ Dogs only

29.  Rapid  But, requires animal be
individually restrained
 Minimal physical
distress
 Requires training of
 Usually reasonably personnel
low-cost
 Since these are
controlled
substances, requires U.S.
Drug Enforcement
Administration
registration and order
form

30. ◦ Many U.S. shelters
still use gas
chambers.
 Stop Gassing
 During the process, which can
take 30 minutes, panicked
animals may gasp for
breath, try to claw out of the
chamber, and even attack
each other.

31.  Banned the use of CO gas chambers to kill
shelter animals and required shelters to
dismantle and remove them
 Mandates the use of injection of sodium
pentobarbital or a sodium pentabarbital
solution to euthanize animals in public
shelters
◦ It does NOT apply to research laboratories or dog breeders who
may be using a gas chamber to euthanize unwanted, old or sick
animals.
 Violations of this law could mean up to a year
in jail and a $1000 fine.

32. Animal Shelter Workers and Stress
Many people get into this work because they love animals. It can be very
difficult to try to grasp that millions of unwanted pets never find homes.

33.  Sterilization campaigns
 Education of pet owners
 Adoption programs
◦ For every single animal
euthanized in a shelter, there is
a person OUTSIDE of that
shelter responsible for it. The
responsibility to keep shelters
from euthanizing animals lies
with each of us as pet owners. If
we adopt through
rescue, choose a good
match, spay and neuter, and
keep our animals for their
lifetimes, the shelters will be
near empty, not overfull, and
euthanasia can become a
tragedy of the past.

34. Medical, behavioral and social benefits

35. Stop Pet Overpopulation
Spay USA – Benefits of Spaying and Neutering

36.  Article 7 of Agriculture and Markets Law
◦ 1. The license fee for each dog license issued
pursuant to subdivision one of section one hundred
nine of this article shall be: (a) two dollars and fifty
cents for each spayed or neutered dog and seven
dollars and fifty cents for each unspayed or
unneutered dog licensed for one year.

38. Enacted in 1995, the APCP was initially created to
reduce the population of unwanted animals in New
York State by encouraging adoptions from animal
shelters. This was accomplished by providing
low‐cost spay and neuter procedures for dogs and
cats adopted from
shelters, pounds, SPCAs, humane societies and
animal protective associations.

39.  The New York State Department of
Agriculture and Markets (NYSDAM) issued
vouchers to these entities, that in turn
provided them to pet adopters for
spay/neuter services from participating
veterinarians for $30. In 2006, this law was
amended to offer such services to eligible
low‐income residents for $20, regardless of
where they obtained their pet.

40.  Due to the unprecedented demand created by the
2006 law, the balance in the dedicated APCP
Fund – fortified primarily by a $3 surcharge on
licenses issued for unaltered dogs – depleted
quickly. By August 2009, NYSDAM stopped
issuing vouchers for the APCP, setting a limited
redemption period for vouchers already issued
and suspended the program. While Governor
Paterson’s initial budget plan proposed the
elimination of the APCP, it was restored in the
final 2010‐2011 State Budget.

41.  New York State Animal Population Control
Program
◦ Low-cost spay/neuter grant program administered
by the ASPCA on behalf of the New York State
Department of Agriculture and Markets.

42.  (1) Non-profit or government animal welfare
organization applies for grant from ASPCA
 (2) Must demonstrate a plan to provide low-
cost spay/neuter services
 (3) Project must target New York State
residents who qualify for public assistance or
who have adopted their animal(s) from a non-
profit or governmental animal welfare
organizations located in New York State

44.  (1) Irresponsible Breeding
◦ Despite increased public awareness over the past
40 years about the need to spay and neuter
pets, 35 percent of pet owners in the U.S. still
choose not to do so.
 Many among this group intentionally choose to breed
their pets, either for profit or for what they mistakenly
believe to be a “fun” experience.
 Others choose not to spay or neuter out of
ignorance, believing that their pets won’t breed
accidentally.
 Source: http://www.americanhumane.org/animals/adoption-pet-care/issues-
information/pet-overpopulation.html

45.  (2) Choosing Not to Adopt
◦ It is a common myth that pet overpopulation means
there are “not enough” homes for all the shelter
animals. In reality, there are more than enough
homes, but not enough people are choosing to
adopt from a shelter.
 Seventeen million Americans acquire a new pet each
year -- that is more than double the number of shelter
animals!
 Only 3.5 million people, or about 20 percent, choose to
adopt their new pet..
Source: http://www.americanhumane.org/animals/adoption-pet-
care/issues-information/pet-overpopulation.html

46.  (3) Disposable Pets
◦ Hundreds of thousands of pets are relinquished to
shelters each year simply because they have
become an inconvenience or because the owner did
not consider the time and financial commitment
required to properly train and care for them.

47.  (1) Always spay and neuter your pets.
 (2) Always adopt your pets from a legitimate
shelter or nonprofit rescue group.
 (3) Consider all the responsibilities and
consequences of pet ownership before
deciding to get a pet and always make a
lifetime commitment to your pet.
 (4) Educate your children, friends, family
members and co-workers about pet
overpopulation, adoption and the importance
of spaying and neutering.

48. Model Spay Neuter Laws
From SPAY USA – nationwide referral service

49. 1990s

50. In reality, most no kill shelters euthanize
animals that are unadoptable due to illness, or
temperament.

51. Maddie’s Fund
Goal: reach the goal of a no-kill nation by 2015
Father of No Kill Movement: Richard Avanzino

52. Maddie’s Fund = Grants
Provides grants to community coalitions, veterinary medical associations, and colleges
of veterinary medicine for programs that advance no-kill. Funded by billionaire Dave
Duffield and his wife Cheryl for the dog Maddie who died of cancer in 1997.

53. Mayor’s Alliance for NYC’s Animals, Inc.
In 2003 NYC officials announced plans to convert all of the city’s shelters to no-
kill. In 2005 Maddie’s Fund pledged $15 million toward that goal.

54. Mayor’s Alliance for NYC’s Animals
Funded mostly by Maddie's Fund, The Pet Rescue Foundation, with some
support from the ASPCA, the Mayor’s Alliance is a coalition of more than 150
animal rescue groups and shelters work with Animal Care & Control of NYC
(AC&C) to end the killing of healthy and treatable cats and dogs at AC&C
shelters.

55. Nathan Winograd
You can hear Nathan every week on the nationally syndicated radio show Animal Wise
Radio (animalwiseradio.com), learn more through his work with the No Kill Advocacy
Center (nokilladvocacycenter.org), or read his popular blog on this website.

56.  The very first national Ad Council campaign
focused on pets urges people who are
looking for a companion animal to make
shelters and rescue groups their first choice
for adoption.
◦ Click here for slide show

57. Problems

58. Shelters can become overwhelmed and animal
welfare can suffer.

59. Well-meaning rescues…

60. …can get overwhelmed
No inspections or license requirement for 501c3

61. Mohawk Hudson Humane Society

62. Best Friends Animal Sanctuary- Utah
The sanctuary defines no-kill to mean that animals are only destroyed if there is
terminal and painful illness “when compassion demands euthanasia because
there is no reasonable alternative”.

63. Best Friends also has adoptable animals.

64. PETA and Euthanasia
PETA takes the position that euthanasia is a necessary evil in a world full of unwanted
pets and the key is to address the root of the overpopulation problem. The group has
some well-known allies, including the Humane Society of the United States.

65. National Council on Pet Population
Top Ten Reasons People Relinquish Pets
In general, researchers found that owners had unrealistic expectations for their pets
and lacked the knowledge or will to work out problems.

66.  The use of animals from pounds and shelters
in laboratories has been a controversial issue
in the animal advocacy and research
communities since the late 1800s.
◦ After World War II, as the use of animals in research
began to boom. Scientists turned first to pounds
and shelters, which were places full of 'surplus'
animals who could be acquired cheaply.

67.  Beginning in the 1940s, laws were passed that
required pounds and shelters to release dogs and
cats to research laboratories. The majority of
laws regarding animals in laboratories passed
between 1945 and 1960 were generated by the
National Society for Medical Research, which
eventually evolved into the National Association
for Biomedical Research (NABR).

68.  Minnesota, Wisconsin, and New York were among
the first states that enacted laws requiring the
release of animals in shelters or pounds to
dealers. Though these laws were enacted in the
1940s and 1950s, some of them still exist today.
Others have been repealed or amended, as a
result of demands of the animal protection
community.
◦ Click here to find out whether or not a state
prohibits, mandates, allows, or has not dealt with the
issue of pound seizure.

69. 1990 – Animal Welfare Act was amended to set
a minimum holding period of 5 days for
shelter animals before release to research
institutions

71.  Passionate about protecting certain qualities
in the breed
 Demand for purebred puppies has created a
multibillion dollar industry
◦ Breeding & Selling
◦ Showing

72. Track ancestry records based on info. provided by breeders .
Does NOT track genetic disorders or verify health of dog.
American Kennel Club 1884 - AKC
United Kennel Club 1898 - UKC

73. Closely related dogs bred together raises
chance that puppies will get problem genes.
Orthopedic Foundation for Animals (OFA) maintains a database of genetic disorders
in purebreds so conscientious breeders can make informed decisions.
Canine Eye Registration Foundation – database on purebred eye health

74. Competitions that exemplify breed standards
Looks, agility, obedience, hunting ability,

75. Some registries allow crossbreeds and/or
mixed breeds.
Continental Kennel Club

76. Purebred parents of two different breeds

77. Labradoodle
Labrador retriever and poodle

78. Schoodle
Schnauzer and poodle

79. Yorkiepoo
Yorkshire Terrier and poodle

80. Cockapoo
Cocker spaniel and poodle

81. Bug
Beagle and pug

82. Goldendoodle
Goldie and poodle (why not a “Goldiepoo”?)

83. ◦ Breeders 
 Class A – sell animals they have bred and raised (exempt if 3 or
less breeding females or if selling directly to consumer)
◦ Dealers (Middlemen) 
 Class B – purchase and resell
◦ Pet Stores 
◦ Public

84. Commercial Broker
Breeder Wholesaler
Regulated Research Facility
by USDA Other Pet Dealer
Licenses and
Inspections
Dealers (Brokers)
(Exempt from USDA (federal)
licensing and
Pet Store
inspections if selling (Retail Dealer)
to the public) (Excluded from AWA (federal)
minimum
It is the USDA’s position humane
that these dealers are handling requirements)
retail pet stores (unless selling
to research, a dealer, or an
exhibitor).
Can also be
Puppy Mills
Puppy Mills
Public

85. Let’s review what a puppy mill is.
Puppy mills are facilities that breed puppies in inferior conditions and sell them in
commercial markets. Characterized by inadequate vet care, poor food, poor shelter, and lack
of socialization. Female dogs are repeatedly bred until destroyed. Transported over long
distances in cramped inhumane conditions. Illness rampant.

86. Missouri leads the pack as the worst.
“These problems have eroded the integrity of the inspection program which is
designed to help ensure canines are safely and humanely treated.”
Prop B

87. Exposes the Suffering Behind New York Pet
Stores

88. 1,000 Freed from W. Va. Puppy Mill
Lyles, TN 2008

89. Toronto Takes Charge.

90. “…have reverted to a semi-wild state (?) because
of lack of human contact and socialization”
p. 144

91. Feral cats are still domestic animals.
Alley Cat Allies video: What is a feral cat?

92. Pet Abuse
No national or government database

93.  Neglect or abandonment – 32.2 %
 Shooting – 11.7 %
 Hoarding – 11.3 %
 Fighting – 8.9 %
 Beating – 6.9 %
 Dogs and cats most common victims

94. Hoarding
Illinois and Hawaii Laws

95. Wild animals that are not normally
considered pets

96. Lions, tigers, wolves, bears, primates, rodents
& reptiles
Many people feel they have the right to keep any animal as long as they provide
proper care for it. Critics believe that exotic animals belong in their natural
habitats and not in cages where they can suffer abuse, neglect and boredom.
And, their temperaments can be unpredictable.

97. National Alternative Pet Association
Provides a list of breeders, dealers and shops

98. Summary of State Laws re: Private Possession
of Exotic Animals
New York

100. Tigers – Endangered Species – Private
Ownership Prohibited under Endangered
Species Act
But some states allow ownership of captive-born endangered animals.
Approx. 7,500 10,000 pet tigers in the U.S. (EXCEEDS # OF WILD TIGERS LIVING
IN ASIA)

101. Nonhuman Primates
Connecticut 2009: Woman Mauled by Chimpanzee
Travis the Chimp

102. Would prohibit interstate commerce in
monkeys, apes and other primates in the exotic
"pet" trade