HOME INVASION - VIRGINIA STYLE!

dateline January 2006 One of our staff researchers tumbled over this October 2000  Archives article this week.  Though not "doggy" he is aware of the PAWS and NAIS push in the Senate.  His comment was ".. if those bills are attached to pending spring legislation, they will no longer have to invade us, they will come with search warrants issued by USDA."

We decided to re-print this and the comment that the Charter Member sent with the article.  She said "You must wake up before it is TOO LATE!  The "might happen" in the "future" - IS HERE NOW!  If you love your dogs, love the sport, but more importantly, if you want your CHILDREN to be free citizens, you must fight to protect our Constitutional rights now."  She was prophetic.  It is today.

Look what is happening in Virginia.  And we have a very strong lobby in the state capitol.  Judy

I am writing to inform and warn you, that you may be receiving a visit from a Virginia State Inspector from the Agricultural and consumers Services Department.   Their goal is to inspect "dealers in the state who breed and sell "registered dogs and cats".  You are considered a "dealer" if you sell just one pup.  His unplanned visit was received today by a very good friend of mine that lives just a mile up the road from Katie and me.  He came into her home today while carrying a Virginia Breeders Federation book, the one that most of the vets in the state have available.  He proceeded to highlight her name and address in the book after his inspection was completed.  She could see that he had other names highlighted also.

The inspector said that he is not allowed to inspect "dealers" by locating them from the advertisements in the newspapers.  My friend immediately tried to reason with him by discussing that most of the breeders listed in the book are trying to do everything correctly, but most of the people in the newspapers don't have a clue.  He said that he has to find the address published or see signs posted, to determine who gets inspected.  They can also receive names and addresses from anyone who will provide the information.   I hope your neighbors like you.

If you receive a visit from one of the 4 state inspectors (4 as far as she could tell), you must show your animal's living quarters, medical and vaccine records, sales records, exercise areas, etc, etc,.  The inspector will review every record and contract.

He gave her a copy of the current laws covering animals in the state of Virginia.  The booklet is titled, 2000-2001 Virginia Comprehensive Animal Laws, distributed by the Agriculture and Consumer Services Department.  You may want to have someone else order a copy of the booklet so that the state will not have your address.

Some of the laws that he reviewed today were mind-boggling.  You think that you have a good sales contract written for your puppy sales?  You will find out if you are inspected.  Some of the current laws covering sales are:

*       Health records must be part of contract, not just a copy of vet records or your records.  The information must be included in the body of the sales contract.

*       You must include 59.1-196 seq. of the Consumers Protection Act in the body of the sales contract.  I think she said that it was 2 paragraphs long.

The contract must allow for the animal to be returned no less than 10 days from the purchase date if found "unhealthy".

*       Sit down, there's more to this one:  The buyer is allowed to take the animal to the vet and if found unhealthy within the 10 days from purchase, the animal may be returned for a full refund OR THE BUYER MAY CHOOSE ANOTHER ANIMAL AS A REPLACEMENT, buyer's choice.  That's right, the seller does not get to offer a replacement, the buyer gets to pick which one they want that is of "equal" value of the original animal that is being returned.

 *       You cannot vaccinate within 5 days of selling a dog.

 *       Here's a good one for you:  The contract must state that the Registration Papers must be provided to the buyer within 120 days from the purchase date.  If the papers are not provided, the dog can be returned for a full refund or the buyer can keep the dog and receive and 50% refund, buyer's choice.  My friend forgot to ask what would happen if the papers were being held until the animal is neutered and it was more than 120 days.

 *       You must keep a "proper animal history certificate" for one year from the date of sale.  It must include all details of the animal including the registration information.

 *       The buyers must sign the contract at least 2 times, once for receiving the animal's health record, as part of the contract, and a second time stating they received the 59.1-196 seq. of the Consumers Protection Act in the body of the sales contract.  You can have the buyer sign the contract for any other terms that you want to include in your contract.   That will make 3 times the buyer will sign the contract.

 *       Currently, no pup under 7 weeks of age can be sold in VA.  The inspector will write up a report and ask you to sign it.  Oh,  by the way, the inspector is a veterinarian.  He marked on my friend's report "First Visit".  We're guessing he will be back.  I hope that this information will help you prepare for a visit from the inspector.   I do suggest that you order a copy of the booklet covering the current laws to get all of this information in detail.  His unscheduled visit lasted over 3 hours.  He also told her that he had been at her house before but she wasn't there.  I guess they will keep coming back until they catch you.

Before leaving, the inspector asked her if she knew of any other "dealers" in the area, of course she said that she didn't know of any except for Pauley's Pups that has a store on Rt 1 in Ashland.  He said that Pauley's Pups does everything by the law, wouldn't you know it, a puppy mill outlet!  He said that Pauley's gets their pups from local Va.  breeders, not from out of state puppy mills.  Can you believe this?????

Please excuse my sloppy writing skills.  I've typed this as fast as I could, and I didn't have time to edit and clean up because I received the details after 10:00 this evening, and I wanted to get the information to you ASAP.

   Feb. 21, 2006  HBO's Premier Show America Undercover revealed the horror of "dog bunchers" and dealers who buy dogs from illegal sources and sell them to research labs - if they survive.  What does this have to do with BBR?  Because the one of the most notorious Class B dealers--Martin Creek Kennels in Arkansas is shown buying and keeping dogs in excruciating violation of the USDA Animal Welfare Amendment regulations after he was under Federal investigation.  So much for PAWS - an amendment to the AWA regulation - proven to be consistently and flagrantly unenforced!  Dogs were recorded in the most inhumane conditions, starving, freezing, dying.  Just one heart-wrenching example of why PAWS will not change anything except political futures (and income for AKC?) and why the BREEDER BILL OF RIGHTS adamantly opposes PAWS and all meaningless regulations that do nothing to protect the dogs.