Animals Sold in Pet Shops

Languish without Adequate Legal Protection

By Gabriela Sandoval
Attorney at Law

There continues to be minimal protections for animals in pet stores, and even where some protection is extended, enforcement of violations remains a problem. Many dogs sold in pet shops come from puppy mills. The only way to absolutely ensure you are not supporting a puppy mill is to boycott pet shops altogether.

Federal laws do not adequately safeguard animals in pet shops. The exceptions which would allow their application rarely apply. For example, the Animal Welfare Act not only excludes many animals from protection (i.e., birds, mice, reptiles and fish), but this federal legislation specifically excludes retail pet stores unless the store sells wild or exotic regulated animals, sells animals to research facilities or exhibits animals. Because the vast majority of pet stores are exempt from federal law, the primary legal authority in this area is state law. However, few state laws specifically regulate pet stores. States that do have some protection still have significant limitations and many of them do not require regular veterinary care, adequate exercise, proper employee training, socialization of any kind or regulate euthanasia methods.

For example, the Colorado Pet Animal Care and Facilities Act regulates licensing of pet animal facilities (i.e. pet stores, shelters, large kennels and breeders) and unlawful activities. Among other things, it requires payment of annual fees, inspections which can happen as infrequently as every three years, record keeping and reasonable assurance that animals sold or adopted are healthy.

Animal cruelty statutes, private nuisance claims and zoning laws may be the only legal recourse for protecting mistreated and neglected animals languishing in pet stores. For example, Colorado’s anti-cruelty statute proscribes, in part, depriving an animal of necessary sustenance; allowing an animal to be housed in a manner that results in repeated serious physical harm or otherwise mistreatment or neglect of any animal and failure to provide proper food or drink. Look up your state animal cruelty statutes online at www.animallaw.info.

While some human victims of animal welfare violations have attempted to regulate distributors through products liability, breach of contract claims and state animal dealer legislation, these means have been unsuccessful at improving industry standards and the well-being of animals.

Do not attempt to “save” pet store animals by buying them! It will only free up space for another animal. Only go to pet shops to conduct your own investigation. Document neglect or abuse with detailed notes including dates and times. If possible, take photos and research your state laws. Find a local expert to return to the store with you and confirm the legitimacy of your concern. Write a complaint letter and send it to the store, corporate offices, the landlord, local animal control agency, state health department, city council, District Attorney and your State Veterinarian, found online at www.usaha.org/StateAnimalHealthOfficials.pdf.

For more information:

Gabriela Sandoval
Attorney at Law | Child & Animal Welfare Law
Rocky Mountain Legal Center for Child & Animal Welfare
600 17th Street, Suite 2800 South
Denver, Colorado 80202
(303) 954-4580
www.childandanimalaw.com