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legislation > minnesota laws
Minnesota does have State laws in place, cited below, which deal with certain aspects of animal cruelty, protection and welfare. These laws, however, are frequently misinterpreted. None of these laws give Minnesota the authority to license or regulate dog and cat breeders in Minnesota. Without State licensing and regulation, Minnesota has no authority to track dog and cat breeders, inspect facilities, set humane breeding and care standards, enforce standards, or impose penalties for failure to meet standards. Without the law, Minnesota cannot act.
• 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, could help prevent animal abuse before it occurs. The Puppy/Kitten Mill Bill would give 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:
• BEST MANAGEMENT STANDARDS FOR CARE OF DOGS AND CATS BY DEALERS Some people have claimed that these standards are ‘good enough’ for breeders and should simply be enforced. 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.
• 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 stories throughout Minnesota showing where people, unknowingly, have purchased unhealthy pets. Once they have bonded with this pet, however, most people have no desire to return "it" for a refund. The purpose of breeder legislation is to give Minnesota the authority to regulate the dog and cat breeding industry, which would protect both pets and consumers.
• MINNESOTA DANGEROUS EXOTIC ANIMALS
• STRAY ANIMALS; COMPANION ANIMALS A 'commercial animal facility' is not the same as a 'commercial breeding animal facility'; therefore, any laws pertaining to feeding, confinement areas, exercise or other points are not applicable to dog and cat breeders. 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 driven solely by profit will not and do not. "Urging" a business to act humanely is not law; it 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.) Or “Feeding and water receptacles must be kept clean.” (The definition of ‘clean’ varies.) Or “All dogs and cats must be provided the opportunity for periodic exercise.” (The definition of ‘periodic’ 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. 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:
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