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Puppy Mill Awareness Meetup (Southeast Michigan) Message Board › Michigan: Pet Lemon Law S.B. 574

Michigan: Pet Lemon Law S.B. 574

Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,145
Members,

Please be sure to sign our new petition. It will directly send a message to your representative so make sure your address and city are correct in your profile. Thank you!

______________________________________­______________________




A "Pet Lemon Law" has been introduced in Michigan to offer consumer protections for purchasers of dogs, cats and ferrets. Under S.B. 574, people who purchase sick or diseased animals from pet shops, breeders or dealers would have specific recourse against the sellers.

Puppy Mill Awareness of Southeast Michigan applauds Sen. Steve Bieda (D-Warren) for leading S.B. 574, which would offer options for the purchaser, including returning the animal for a full refund and replacement or recovery of veterinary expenses. The bill includes specific time frames for reporting illnesses, maximum amounts a buyer can recover, and provisions for congenital defects in the purchased animals.

Puppy Mill Awareness of Southeast Michigan applauds Michigan Senators Bieda, Rocca, Warren, Hopgood, Smith, Johnson and Kowall for introducing S.B. 574, which offers consumer protections for purchasers of dogs, cats and ferrets. This "Pet Lemon Law" is solely geared to provide specific recourse to members of the public who purchase sick or diseased animals from pet shops, breeders, and dealers.

If approved, S.B. 574, led by Sen. Steve Bieda (D-Warren), would offer remedy options selected by the purchaser, including returning the animal for a full refund and replacement or recovery of veterinary expenses. The bill includes specific time frames for reporting illnesses, maximum amounts a buyer can recover, and provisions for congenital defects in the purchased animals.

The full text of S.B. 574 can be found here: http://legislature.mi...­

Last year Liz Frates purchased 16 week old Yorkshire Terrier from a Michigan breeder for $1,200 cash. She was told the puppy was healthy. The full written pet guarantee against anything congenital or hereditary did not help Liz in court, after the yorkie was diagnosed with grade 2 luxating patellas in both legs - congenital defect requiring surgery close to $3,200. Liz had already spent $900 in veterinary costs addressing the puppy's breathing and diarrhea problems.


In Michigan, consumers often rely on the Better Business Bureau to settle disputes with pet stores. Other times they end up in small claims court, which places a heavy burden on the purchaser to prove that the seller was aware of a pre-existing condition in the purchased animal.

Puppy Mill Awareness has been logging sick dog complaints and advocating for consumers by providing counseling and a checklist including agencies who may respond to complaints. That checklist can be found here: http://files.meetup.com/1258100/SickPuppyChecklistv8.doc­

By signing the petition, you can directly let your representatives know that you support this law.


Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,146
PRESS RELEASE: Puppy Mill Awareness Commends Legislative Action to Protect Pet Buyers


Pet Lemon Law is introduced in Michigan offering
recourse for dog, cat and ferret buyers

FOR IMMEDIATE RELEASE: August 31, 2011

CONTACT: Pam Sordyl

A "Pet Lemon Law" has been introduced in Michigan to offer consumer protections for purchasers of dogs, cats and ferrets. Under S.B. 574, people who purchase sick or diseased animals from pet shops, breeders or dealers would have specific recourse against the sellers.

Puppy Mill Awareness of Southeast Michigan applauds Sen. Steve Bieda (D-Warren) for leading S.B. 574, which would offer options for the purchaser, including returning the animal for a full refund and replacement or recovery of veterinary expenses. The bill includes specific time frames for reporting illnesses, maximum amounts a buyer can recover, and provisions for congenital defects in the purchased animals.

The full text of S.B. 574 can be found here: http://legislature.mi...­



"This will hold pet sellers accountable for burdening the public with veterinary costs and emotional stress of caring for a sick pet," said Pam Sordyl, founder of Puppy Mill Awareness. "We commend Senator Bieda for addressing this costly problem, and for protecting the additional victims of the pet trade: consumers."

Liz Frates, of Ann Arbor, told Puppy Mill Awareness that she purchased a 16-week-old Yorkshire Terrier from a Michigan breeder for $1,200 in cash last year. She was told that the puppy was healthy. The breeder's full written pet guarantee against anything congenital or hereditary did not help Liz in court, after the puppy was diagnosed with grade 2 luxating patellas in both legs – a congenital defect requiring surgery totaling nearly $3,200. Liz had already spent $900 in veterinary costs addressing breathing and diarrhea problems that the puppy had endured since his purchase.

"Without laws in place irresponsible breeders have free reign to find loop holes and continue with their unethical practices." said Frates. "Pet insurance will not cover hereditary, genetic or congenital defects and most people cannot afford the thousands of dollars in vet bills and surgeries to correct such health problems."

In Michigan, consumers often rely on the Better Business Bureau to settle disputes with pet stores. Other times they end up in small claims court, which places a heavy burden on the purchaser to prove that the seller was aware of a pre-existing condition in the purchased animal.

Puppy Mill Awareness has been logging sick dog complaints in Michigan for three years. "Cases often go unreported to proper authorities. Buyers may complain to the pet store or breeder, only to have their calls unreturned," said Sordyl. "We advocate for consumers by providing counseling and a checklist including agencies who may respond to complaints." That checklist can be found here: http://files.meetup.com/1258100/SickPuppyChecklistv8.doc­

Puppy Mill Awareness started a petition in support of Michigan's Pet Lemon Law on Change.org, the world's fastest growing platform for social change. By signing the petition, citizens can let their representatives know that they support the law, too. The petition can be found here: http://www.change.org/petitions/the-mi-state-senate-pass-lemon-law-to-protect-michigan-pet-buyers­

Puppy Mill Awareness would like to thank Sen. Bieda and the bill co-sponsors for both protecting Michigan consumers and shining the spotlight on the puppy mill/pet store connection.

According to the nonprofit humane education group The Citizens Against Puppy Mills:
http://www.citizensagainstpuppymills.org/pics.php­

- Nearly 100% of all puppies in pet stores have parasites when they are purchased.
- 48% of puppies being sold in pet stores were ill or incubating an illness at the time of purchase, according to a recent California study.
- 500,000 puppies are born in puppy mills and sold in pet stores every year in the United States.
- Commercial breeders can make more than $300,000 selling puppies every year.
- Almost every puppy sold in a pet store has a mother who will spend her entire life in a tiny cage, never being petted, never being walked, never being treated like a dog.
- Female dogs are usually bred two times each year. At that rate, they usually burn out by the age of five, at which time they are put to death

The Puppy Mill Awareness Meetup of Southeast Michigan is working to end the mass production of dogs in commercial kennels ("puppy mills"). Our mission is to educate the public about the cruel cycle of commercial dog breeding and the pet store link. Read more about our goals, success stories, activities and studies at http://www.meetup.com/puppymillawareness/about/­

###


Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,147



Proposed Puppy Lemon Law would protect new pet owners

9-12-11

http://www.connectmid...­

A Michigan group is trying to prevent attention to the dangers of puppy mills and has proposed a law that would protect pet owners.

The Puppy Mill Awareness of South East Michigan Group is proposing a "Pet Lemon Law." The legislation is aimed at offering consumer protection for those who purchase a sick pet. So far, 18 other states already have similar laws.

Under the Pet Lemon Law, people who purchase a puppy would have 90 days to take the pet to a veterinarian to look for congenital defects. The law also allows dog owners to have a 30 day chance to take their pet to the vet to look for other illnesses.

The Puppy Mill Awareness Group says they hope this proposal passes in order to help reduce stress and veterinary bills that people have to deal with when they purchase a sick puppy. The group tells NBC25 that many pet stores in Michigan receive their puppies from mills that keep the animals in unsanitary conditions, such as rusted cages. They say the USDA often overlooks these unfit conditions, and even allows the animals to be shipped long distances, which is unsafe for puppies due to their low immune system.

The group encourages people to purchase their new pets from rescue missions. They say rescue missions often have on-staff vets who ensure that the animals are properly inspected before being adopted out.








Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,148
Here is the link to all four segments of the NBC25 Morning Show. They did a great job highlighting our group and the HORRORS of puppy mills. Janet also plugged rescue dogs for us and how great it is to save a life.

http://www.youtube.com/watch?v=liRQBfPIKpM&feature=channel_video_title­







I particularly liked how she was surprised that the USDA allows this!! The root of the problem – enforcement!

Our mascot, Mini, looked adorable in her "Puppies Aren't Products" t-shirt!! And Liz did a nice job of highlighting her experience. She plans to help us out in the future spreading the word about bad breeders.

This was the first time I have shown the photos we collected from one of our very own Puppy Millers in Quincy Mi – Mathew Schwartz.
















Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,149
Pets: Michigan woman on a mission to end puppy mills everywhere

http://www.annarbor.c...­

Posted: Fri, Sep 16, 2011 : 3:25 a.m.

Could you ever envision having your own dog living in a small cage with little or no room to move around, much less an area to defecate, with no contact from humans, nothing enriching or fun to do as a way of life?

Of course not.

But, that is life for a dog in a puppy mill. They lack veterinary care, excercise, a normal life. Sometimes, there are hundreds of canines stacked in small cages side by side, on top of one another.

The noise. The smell. The environment. Can you imagine how it must feel to be in that situation?

So, with today designated as Puppy Mill Awareness Day nationwide, the question is: 'Why do puppy mills exist?'

Pets are big business; there is a vast consumer demand for dogs - especally designer dogs - and that has created a very lucrative market and has allowed puppy mills to flourish nationwide. A female dog can produce up to four litters per year, and depending on the breed of dog, litter size can vary. The people who run these facilities capitalize on that, breeding the females as frequently as possible, with no break in between litters.

Puppy mills, though they have no legal definition, simply put profits above the welfare of the animals.

Some puppy mill operations are large, others, not so - small mills can exist on properties that you wouldn't suspect. And, some of the individuals who are operating these seedy breeding facilities do so in inconspicuous places, like they're own backyards, flying under the radar, so to speak. These are sometimes referred to as 'mini-mills'.

The situations that you might have previously read about that encompass canines that number in upwards of a thousand are rare in our home state; most of what has been discovered in Michigan have been the mini-mills. In fact, the largest puppy mill in Michigan that was discovered and busted housed 232 canines, according to Pam Sordyl, with Puppy Mill Awareness Meetup of Southeast Michigan.

But, that doesn't mean that these small mills are any less of a problem. They are still unethical, and need to be weeded out.

"Consumers have a list of requirements, like a specific breed mix that is popular, or that the dog be hypoallergenic, and that is helping to give the the puppy mills to produce more dogs," remarks Sordyl.

Some of the breeds that are commonly produced by puppy mills are YorkiePoos, Daisy Dogs (various mixes of Shih-tzu/Bischon/Poodle), Puggles, and two that have gained immense popularity in recent years - the Goldendoodle and Labradoodle.

"Pure bred dogs are easy to get because the market has been saturated," Sordyl adds. "The designer dog market is booming."

The biggest problem, aside from the awful conditions that these puppy mill dogs are being forced to live in, is the overall well-being of not only the mothers, but the offspring that results from using sick dogs to breed: puppies that are infirm. Disorders can result, usually hereditary, affecting the heart, immune system, the eyes - and more.

Illnesses are common; distemper, upper respiratory infections, diarhea, heartworm­, not to mention ­parvovirus. The ramifications clearly go beyond the physical for some: canines who grow to clearly have behavioral problems due to poor breeding, less-than-ideal husbandry practices and lack of proper socialization.

These puppies are plucked from their dismal living conditions; scared, sometimes too young - and shipped off to pet stores, sold online, or even by putting up flyers that we all see on bulletin boards. Marketed, like a commodity, as sound, loveable pups that are ready to meet their new families.

Many unsuspecting families find themselves in a very difficult situation when their new puppy needs extensive medical care, or worse, when they don't survive the illness that they are afflicted with. What kind of recourse does a pet owner have in that case? Read more about a proposed Lemon Law to protect pet buyers by clicking here.

A 2009 study done by Puppy Mill Awareness looked at 83 counties in Michigan and 1,800 kennels were reviewed. Out of 639 confirmed breeding kennels, 25 of them had over 50 dogs. 927 facilities were 'unclassified': private kennels, and it's not known what activity is occuring. (Some may be a household with several dogs who find it more cost-effective to apply for a kennel lisense, rather than individual dog liscenses.)

There are 5 licensed commercial kennels in the state of Michigan.

Some of the licensed breeding kennels have been involved in animal abuse or seizure cases, often with 50 or more dogs in each kennel.

Puppy mills in the state of Michigan can sometimes escape the boundaries of the regulations in some counties due to loopholes in the law. For example, in Barry County, one alleged case states that one registered kennel had 10 more dogs than the 140 dogs that they were allowed. The problem is that they had 232 canines - 82 of those being puppies under 16 weeks old.

Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,150
Kowall, Democrats team up on bill for puppy mill rules

http://spinalcolumnonline.com/kowall-democrats-team-up-on-bill-for-puppy-mill-rules/­

An article by Kirk Pinho

A bipartisan group of state senators — including one from the lakes area — is attempting to put a choke collar on puppy and kitten mills in the state of Michigan.

Senate Bill (SB) 574, sponsored by state Sen. Steven Bieda (D-Warren) and co-sponsored by state Sen. Mike Kowall (R-Commerce, Highland, Milford, Walled Lake, Wixom, Wolverine Lake, White Lake, Orchard Lake, West Bloomfield), among other Democrats and Republicans, has been referred to the Senate Regulatory Reform Committee, where it awaits that panel's consideration.

Under the proposal — which would apply to pet shops that sell dogs or cats, pet dealers, breeders, someone who sells dogs or cats to the public for profit, and people who sell more than one litter of dogs or cats under 6-months-old or two dogs or cats over 6-months-old each year — a dog or cat would be considered "unfit for sale" if it meets any of the following conditions:

• Within 30 days after the buyer receives the pet, a veterinarian, in writing, says that the dog or cat has symptoms of a contagious or infections disease or illness that existed at the time of purchase; or

• Within 90 days after the buyer receives the pet, a veterinarian, in writing, says that the dog or cat died or is ill due to a hereditary or congenital defect.

If a pet is deemed unfit for sale but is sold anyway, the person who purchased the dog would have the following recourse under SB 574:

• The ability to return the dog or cat for a refund of the full purchase price; or

• If a replacement dog or cat is available, exchange the dog or cat for another of the purchaser's choice that is of equal value; or

• The ability to keep the "unfit for sale" dog or cat but be reimbursed "reasonable veterinary fees," although that reimbursement could not exceed the original purchase price of the dog or cat; or

• If the dog or cat dies, receive another dog or cat of equal value, if available, and receive reimbursement for reasonable veterinary fees; those, too, could not exceed the original purchase price of the dog or cat; or

• If the dog or cat dies, receive a refund of the full purchase price.

"I'm an animal lover," Kowall said. "We've always had dogs and cats and everything else around the house. I just, in good conscience — when I saw the bill come up, I said it's the right thing to do.
"Of course, you always get the other side saying it's over-regulation or it's none of our business, but it is our business. We're put here on the earth to use the animals, not abuse them."

Joanie Toole, administrative supervisor for Oakland County Animal Control and Pet Adoption, said she is not aware of any puppy mills in the county.

"The bill also includes (language about) animal shelters like ours and rescues and things like that, and those are practices we already do anyway," she said. "We get strays in and we don't know all the background (of the animal). If something comes up medically, we do refund the adoption fee."

State Sen. David Robertson (R-Waterford) said he could get on board with the legislation.

"Certainly I'm interested in supporting the goals and objectives of making certain that animals are bred humanely and properly, with care," he said. "I can't object to the goals here, which are basically a consumer protection bill for people who purchase animals or obtain animals from shelters or rescue groups or from pet stores."

Kevin Hatman, media relations coordinator with the Michigan Humane Society, couldn't be reached for comment prior to press time.
Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,151
ANNOUNCEMENT S.B.574 Passes Committee!! A nail biter!



S.B. 574 = Pet Lemon Law

While we have watched other stated pass puppy mill bills, we are now in the legislative game. It is strategic to start off with a consumer protection bill first, but I really didn’t have much to do with that - just great timing.

So today, Senator Beida and his acrobatic aide dazzled me with their political savy and tactics. They were able to get in a many of amendments from both sides and make it happen. The committee voted for all amendments and the new substitute bill.

[For those who live in Warren, you should send an email or call Sen. Beida with a big Thank You. This guy is all about protecting animals. He even has a staffer assigned to work on his animal bills – Megan]

I was mostly pleased with a new section on Disclosure!!! Pet Stores will need to disclose where the puppies come from! We were also able to ensure that non-profit rescues and animals shelters are not-impacted with several references of exclusion. It is not the intent of the bill (please share that with concerned rescues that are opposing this).

Thank you Dani, Liz and Debbie for testifying. There were so many great moments today, I could write a 10 page recap.

Please make sure you thank Sen. Warren (Washtenaw), Sen. Johnson (Wayne) and Sen. Rocca (Macomb) who voted YES!

VOTES

YES Sen. Tory Rocca: Macomb County
YES Sen. Rick Jones: Allegan, Barry, and Eaton Counties
N/A Sen. Joe Hune: Livingston, Shiawassee, and Southern Ingham Counties
NO Sen. Arlan Meekhof: Ottawa County
NO Sen. Phil Pavlov: Lapeer and St. Clair Counties
YES Sen. Bert Johnson: Wayne County
YES Sen. Rebekah Warren: Washtenaw County




Below is part of my testimony today. It sure is hard to represent all the families that I have spoken with over the past three years in 10 mins, but I did my best and we will continue on to the Senate now.

One more thing, you will see that we completed a Pet Store Survey this summer which paid off since we are asking for discloser. So thank you to all those individuals that posed as puppy buyers.

We can all have a virtual toast!

Members of the Senate Regulatory Reform Committee,
My name is Pam Sordyl and I am here today to ask you to please vote YES on sub S.B. 574, referred to as the “Pet Lemon Law.”
My organization, Puppy Mill Awareness of Southeast Michigan, has been working diligently with families who have suffered heartbreak and financial loss after purchasing puppies in Michigan over the last three years. We provide counseling and a “Sick Dog Checklist” to help them file complaints and seek some financial relief. (Checklist provided in red packet)
Unfortunately, most cases go unreported and the family assumes full responsibility for caring and paying for the animal’s expenses as they are fully invested in their new family member. Purchasers often to not trust the seller to seek proper care, therefore they do not return the animal.
Some cases eventually end up in small claims court or as lawsuits. Unfortunately, they do not always result in compensation for the purchaser. The courts place a heavy burden on the purchaser to prove that the seller was aware of the illness or defect.
S.B. 574 will hold pet sellers accountable for burdening the public with veterinary costs and emotional stress of caring for a sick pet.
We have reviewed the current bill language and have provided our position on the primary elements:
• Time Frame for Reporting Illnesses (30 days).

This would allow enough time to diagnose and attend to treatments of most contagious, infectious diseases or illnesses before attempting to work things out with the pet store. If common illnesses such as Kennel Cough, Parvo, and Distemper show symptoms within 10 days, the purchaser needs time to treat and then report.
• Maximum amounts a buyer can recover (up to the purchase price).

This is in-line with similar laws in most other states. Twelve of the eighteen other states with “Pet Lemon Laws” allow for a purchaser to recover “up to the purchase price.” Three other states allow more. If a purchaser faces veterinary bills exceeding this limit, they have the option of small claims court or a lawsuit as well.
• Provision for congenital defects in the purchased animals (90 days to report)

Improvements are needed here as heredity or congenital defects are the most costly and long-term. As written, 90 days to report a congenital defect is not even middle ground as most states with this provision allow the defect to be reported up to a year or more. Nine other states allow more than 90 days.
• Disclosure statements. (Disclosure)

Fourteen other states have disclosure statements written into their Pet Lemon Laws. Our 2011 Pet Store Survey showed 10 out of the 21 Detroit area pet stores did not provide breeder information (such as names or addresses) to potential purchasers.

o Only six stores provided some breeder names and addresses, but would not provide any Michigan breeder information.
o Five stores provided breeder information to a potential buyer for the puppy they were interested in, but only when asked and for that puppy only.
o All 21 pet stores surveyed would did not have the puppies’ parents onsite to meet and would not allow buyers to meet the puppies’ parents.
o All 21 pet stores surveyed did not have photos of the puppies’ parents or any information about their parents beyond the sire and dam name provided on their AKC registration papers, if available.
o Six pet stores surveyed did not show a required health certificate signed by a vet to potential puppy buyers. Instead, they offered to provide one upon purchase.

• Animal Protection Shelters (Add Exclusions)

We need to ensure that all animal shelters including Animal Control Shelters and non-profit rescues are not impacted. Page 4 lines 7-8 and 9-11 should have “Does not include Animal Shelter as defined” added to each section.

• Timeframes for reimbursements, refunds or exchanges (10 Business Days)
This provision ensures reimbursements are promptly taken care of.
Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,152
Michigan Lawmakers Propose Pet Warranty

http://www.petproduct...­

Posted: Aug. 30, 2011, 3:40 p.m., EDT

Senators in Michigan have proposed a bill that would establish a pet warranty statute.

As introduced, Senate Bill 574 would provide a warranty for anyone who purchases an “unfit” dog or cat from any of the following pet providers:

• Pet shops that sell dogs and cats;
• Pet dealers;
• Breeders;
• Any person who engages in the sale of dogs or cats to the public for a profit;
• Any person who sells more than one litter of dogs or cats under six months old per year; and
• Any person who sells two dogs or cats over six months old per year.


Under SB 574, anyone who purchases an "unfit" cat or dog would be protected under warranty.
The bill defines a “pet dealer” as “a person who for compensation buys or sells dogs or cats.” A “breeder” is defined as “a person who breeds or raises dogs or cats for sale to the public.”

A dog or cat is considered unfit for sale at the time of purchase if, within 30 days after the purchase, a veterinarian states, in writing, that the animal has symptoms of a contagious or infectious disease or illness that existed in the dog or cat at the time of purchase. A dog or cat is also considered unfit for sale if, within 90 days after purchase, a veterinarian states in writing that the dog or cat died or is ill due to a hereditary or congenital defect.

Under the proposed bill, anyone who purchases an unfit dog or cat would be entitled to return the dog or cat for a refund of the full purchase price. If a replacement dog or cat is available, the purchaser may exchange the dog or cat for another one of his or her choosing as long as it is of equal value.
SB 574 would also allow the purchaser to keep the dog or cat and receive reimbursements for “reasonable” veterinary fees. The reimbursement of all reasonable veterinary fees may not exceed the original purchase price of the animal.

If the dog or cat dies, the buyer would be able to either receive a refund of the full purchase price or receive another dog or cat of equal value, if available, and receive reimbursements for reasonable veterinary fees, but the fees may not exceed the original purchase price of the dog or cat.
SB 574 has been referred to the Senate Committee for Regulatory Reform where it is awaiting a hearing. To view the bill in its entirety click here.
Mary T.
user 6837122
Detroit, MI
Post #: 48
I'm new to this group. Your attempt to get pet stores under control is noble and worthy - congratulations on your news this week!

However, will this then just drive the whole internet sales up, where there is no visibility of where the dogs are coming from? I suppose there is a lot of internet monitoring going on ...

It's like the friggin' drug trade -- how do we get to the source??

I think your attempts are to get them from both ends.... not an easy task. Thanks for caring!
Pam
Pamela01
Group Organizer
Clarkston, MI
Post #: 1,154
Mary Teresa,

We are indeed working on puppy mills from all angles. Through our public education campaigns we are hurting the industry because people now are looking out for them and turning in their neighbors. This is federal legislation that will tackle the big internet problem. Overall, prices are down and so are kennel sizes.

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