|
 |
 legislation |
legislation > minnesota laws
Minnesota has State laws, cited below, which deal with animal cruelty and welfare, consumer protection, sales tax and other issues pertaining to the treatment of animals — and the impact on animals, consumers and communities. Some of these laws, however, are misinterpreted — or not used or properly enforced. Without the correct law, knowledge of the law or enforcement of existing laws, animals in Minnesota will continue to be neglected, abused and exploited. Below lists a few Minnesota laws with links and brief explanations.
PREVENTION OF CRUELTY TO ANIMALS The specific definition of ‘Torture; cruelty” is in Subdivision 3 of Chapter 343.20. It reads: “Torture” or “cruelty” means every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death.” The Prevention of Cruelty to Animals Law, while critically important, does not set breeding standards or prevent inhumane dog and cat breeding. Anti-cruelty laws apply after the fact — after the animal cruelty has already occurred. Dog and cat breeding legislation, if enacted by Minnesota legislators, would help prevent animal abuse before it occurs by giving the State of Minnesota the authority to license dog and cat breeders, conduct inspections of facilities, enforce humane standards, and impose civil and criminal penalties. Law: Minnesota Statutes 2006, Chapter 343 Supporting links:
MINNESOTA CONSUMER PROTECTION — General Minnesota has consumer protection laws protecting people from being misled about a product (i.e., told information which is false or misleading in order to get the consumer to purchase the product). The law focuses on fraud, misrepresentation, and deceptive business practices. As animals are legally defined as property and, when bought and sold, are considered transactions or merchandise, this law also applies to the selling of dogs and cats. For instance, if a consumer is led to believe an animal is healthy, makes the purchase and then discovers the animal is sick due to breeding or care conditions, this is deception. If the consumer also incurs veterinarian costs to try and treat the animal, this is further proof of deception (resulting in financial and emotional damage). If you find you have been a victim of consumer fraud, file a complaint with the Minnesota Office of Attorney General and also tell your story to Animal Folks MN.
PET LEMON LAW - Consumer Protection, Products, and Sales As with the Animal Anti-Cruelty Law, the Pet Lemon Law applies after the fact — after a ‘buyer’ gets home and finds they purchased a ‘poor quality, unhealthy’ pet. Even with this law in place, there are numerous examples where people, unknowingly, have purchased unhealthy pets. Once a person has bonded with their new companion, many people have no desire to return "it" for a refund. Click on link below for details of the law and duedates for action. Further information: Pet Stores
BEST MANAGEMENT STANDARDS FOR CARE OF DOGS AND CATS The problem is twofold:
Breeder legislation, if enacted by Minnesota legislators, could close this gap by requiring dog and cat breeders in Minnesota to be licensed, and authorizing a state agency, such as the Minnesota Board of Animal Health, to administer the orders.
MINNESOTA STATUTE 346: STRAY ANIMALS; COMPANION ANIMALS In 346.58 "Dogs and Cats; Best Management Standards for Care By Dealers, Commercial Breeders, And Brokers," it states: "The commissioner of agriculture shall...shall issue an order containing best management standards of care for dogs and cats by dealers, commercial breeders, and brokers. The commission shall urge dealers, commercial breeders, and brokers to follow the standards issued in the order." Not the word "urge" in the above sentence. That is the problem with this law. Reputable breeders will follow humane standards; inhumane breeders will not and do not. "Urging" a business to act humanely does not hold up in court. Even if rules, regulations and standards are mandatory by law, they are useless if no State agency is authorized to implement and execute what the law has ordered. NOTE: When reading laws, be aware of the use of language. In this statute, for instance, the following statements are made: “Dogs and cats must be provided with food of sufficient quantity and quality.” (The definition of ‘sufficient’ can vary.) Or “Confinement areas must be maintained at a temperature suitable for the animal involved.” (The definition of ‘suitable’ varies.) This law does state: “Exercise for 20 to 30 minutes and water must be provided at least once every eight hours;” however, per the law, this only applies to animals when they are being transported and shipped.
MINNESOTA STATUTE 347.31: MN KENNEL LICENSE Certain animal facilities are required to obtain a license and be inspected by the Minnesota Board of Animal Health (BAH). As with all statutes, it's important to read the definition so as to know who it applies to:
Note the words above: "if the dogs or cats.....were strayed, abandoned or stolen." As dogs and cats within dog/cat breeding facilities are not strays and a breeder does not advertise for strays, commercial dog/cat breeding kennels do not fall under this definition and, therefore, are not licensed or inspected by the MN BAH.
MINNESOTA DANGEROUS EXOTIC ANIMALS
OTHER MINNESOTA ANIMAL LAWS There are other laws relating to animals in Minnesota. The Michigan State University College of Law has profiled these laws for each state. For details, go to: Examples listed include:
|
 |
"));
