Pet Sales

MD - Swap Meets - § 19-105. Sales or other transfers of dogs or cats at public places

Summary: This 2016 law states that a person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including a street, parking lot, carnival, swap meet, or fair, among others. The act does not apply to an animal welfare organization or animal control unit displaying dogs or cats for adoption or a prearranged sale of a dog by a dog breeder if not a recurring event. Violation results in a $500 civil penalty for a first violation, a $1,000 civil penalty for a second violation, and a civil penalty for a $1,500 for a third or subsequent violation.

This 2016 law states that a person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including a street, parking lot, carnival, swap meet, or fair, among others. The act does not apply to an animal welfare organization or animal control unit displaying dogs or cats for adoption or a prearranged sale of a dog by a dog breeder if not a recurring event. Violation results in a $500 civil penalty for a first violation, a $1,000 civil penalty for a second violation, and a civil penalty for a $1,500 for a third or subsequent violation.

Brief Summary of Swap Meet Laws

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Animal swap meets are places where people buy, sell or trade animals in an open-air, flea-market-style setting. Swap meet vendors sell and trade a wide range of animals, from birds, to farm animals, to cats and dogs. Swap meets are local events where people can come together in an informal setting to sell, trade, and barter. In recent years, animal welfare advocates have expressed concern about the treatment of animals at swap meets. Animals are often kept outside without water in hot temperatures, confined in small cages, and stored like warehouse items.

Overview of Swap Meet Laws

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Animal swap meets are places where people buy, sell or trade animals in an open-air, flea-market-style setting. The most commonly sold animals are chickens and other birds, rabbits, pigs, reptiles, and dogs. Swap meets can be outlets for selling smuggled birds and other exotic animals, and for puppy mills that want to skirt commercial regulations. However, for rural farming communities, swap meets can be a way to purchase needed livestock and sell extra animals.

Detailed Discussion of Swap Meet Laws

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Summary: This article provides a detailed definition of swap meets and explores both existing laws that could be used to regulate swap meets and swap-meet specific legislation. It analyzes swap meet regulations at the local and state level. It concludes with some thoughts about how to make swap meet laws more effective, and how political barriers stand in the way of doing so.

This article provides a detailed definition of swap meets and explores both existing laws that could be used to regulate swap meets and swap-meet specific legislation. It analyzes swap meet regulations at the local and state level. It concludes with some thoughts about how to make swap meet laws more effective, and how political barriers stand in the way of doing so.

Perfect Puppy, Inc. v. City of E. Providence, R.I.

Summary: Perfect Puppy signed a lease with a building located in the city of East Providence on April 26, 2014. Perfect Puppy intended to use the building to sell puppies and was given a “Pet Shop” license by the state of Rhode Island. On June 3, 2014, East Providence passed an ordinance banning dog and cat sales and as a result, Perfect Puppy filed suit against the city for a “facial-taking.” A “facial-taking” is when “an ordinance’s mere enactment amounts to a taking.” On appeal, the court held that it did not have jurisdiction over Perfect Puppy’s facial-taking claim because Perfect Puppy needed to file suit for compensation against the city and get rejected before the issue could be determined by this court. As a result, the court remanded the case back to the state court to be decided.

Perfect Puppy signed a lease with a building located in the city of East Providence on April 26, 2014. Perfect Puppy intended to use the building to sell puppies and was given a “Pet Shop” license by the state of Rhode Island. On June 3, 2014, East Providence passed an ordinance banning dog and cat sales and as a result, Perfect Puppy filed suit against the city for a “facial-taking.” A “facial-taking” is when “an ordinance’s mere enactment amounts to a taking.” On appeal, the court held that it did not have jurisdiction over Perfect Puppy’s facial-taking claim because Perfect Puppy needed to file suit for compensation against the city and get rejected before the issue could be determined by this court. As a result, the court remanded the case back to the state court to be decided.

Powell v. Adlerhorst Int'l, Inc.

Summary: The plaintiff in this case brought suit after suffering a dog bite from a service dog that was purchased from defendant. The defendant was a corporation that purchased dogs from Europe and then sold them to police agencies to be used as service dogs. Plaintiff (a police officer with the Sherwood Police Department) filed suit asserting both a strict product liability and negligence claim for injuries sustained from dog bites. At issue here is whether the dog was defective and unreasonably dangerous at the time the defendant sold it to the City of Sherwood. Defendant moved for summary judgment and the court denied the motion. The court ultimately held that a reasonable jury could find that defendant should have known about the dog’s aggressive behavior before selling it to plaintiff, thus making it liable for damages.

The plaintiff in this case brought suit after suffering a dog bite from a service dog that was purchased from defendant. The defendant was a corporation that purchased dogs from Europe and then sold them to police agencies to be used as service dogs. Plaintiff (a police officer with the Sherwood Police Department) filed suit asserting both a strict product liability and negligence claim for injuries sustained from dog bites. At issue here is whether the dog was defective and unreasonably dangerous at the time the defendant sold it to the City of Sherwood. Defendant moved for summary judgment and the court denied the motion. The court ultimately held that a reasonable jury could find that defendant should have known about the dog’s aggressive behavior before selling it to plaintiff, thus making it liable for damages.

New York Pet Welfare Ass'n, Inc. v. City of New York

Summary: Plaintiffs, a non-profit group trade association of pet stores ("NYPWA"), dog and cat breeders and dealers, veterinarians, and pet owners, brought this action against New York City, the city council, and council members, alleging that defendants have adopted laws that violate the Supremacy Clause, the Commerce Clause, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, as well as New York law that governs veterinary medicine, the treatment of animals, and equal protection. The challenged law relate to the sale of dogs and cats in the city that require pet stores to obtain pets from Class A USDA licensees in good standing and that the pet stores spay and neuter the pets before selling them. In rejecting NYPWA's federal preemption claim, the court found that the AWA specifically contemplates local regulation in § 2143(a)(8) and previous cases have found no conflict even where the local legislation bans what is otherwise allowed under the AWA. The court also found no conflict with state law (N.Y. Gen. Bus. § 753–d) or other laws concerning veterinary licensing, pet shops, and animal cruelty. In dismissing plaintiff's Equal Protection argument, the court was not persuaded that pet stores and shelters/rescues are "similarly situated" to support the claim. Additionally, the court found a rational basis to support any differential treatment. NYPWA also alleged that the Pet Shop Laws violate the dormant Commerce Clause, arguing that the laws impermissibly regulate extraterritorially and favor local interests. The court found that even if plaintiff's factual allegations were true, the law was not economic protectionism, but an attempt to curb problems with homeless animals and euthanasia. Finally, the court found not due process violations (substantive or procedural) where there is no interference with a constitutionally protected right. NYPWA's motion to dismiss the claims is granted and the motion for preliminary injunction was denied.

Plaintiffs, a non-profit group trade association of pet stores ("NYPWA"), dog and cat breeders and dealers, veterinarians, and pet owners, brought this action against New York City, the city council, and council members, alleging that defendants have adopted laws that violate the Supremacy Clause, the Commerce Clause, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, as well as New York law that governs veterinary medicine, the treatment of animals, and equal protection. The challenged law relate to the sale of dogs and cats in the city that require pet stores to obtain pets from Class A USDA licensees in good standing and that the pet stores spay and neuter the pets before selling them. In rejecting NYPWA's federal preemption claim, the court found that the AWA specifically contemplates local regulation in § 2143(a)(8) and previous cases have found no conflict even where the local legislation bans what is otherwise allowed under the AWA. The court also found no conflict with state law (N.Y. Gen. Bus. § 753–d) or other laws concerning veterinary licensing, pet shops, and animal cruelty. In dismissing plaintiff's Equal Protection argument, the court was not persuaded that pet stores and shelters/rescues are "similarly situated" to support the claim. Additionally, the court found a rational basis to support any differential treatment. NYPWA also alleged that the Pet Shop Laws violate the dormant Commerce Clause, arguing that the laws impermissibly regulate extraterritorially and favor local interests. The court found that even if plaintiff's factual allegations were true, the law was not economic protectionism, but an attempt to curb problems with homeless animals and euthanasia. Finally, the court found not due process violations (substantive or procedural) where there is no interference with a constitutionally protected right. NYPWA's motion to dismiss the claims is granted and the motion for preliminary injunction was denied.