|
CALIFORNIA
ANIMAL SELLER LAWS
Federal Income Tax: Income from animal
sales is the same as other ordinary income and must be reported for
federal income tax purposes. The IRS encourages the reporting of any
persons who evade income tax liability by offering a reward of up to 15%
of the taxes received. See: http://www.irs.gov/foia/article/0,,id=132336,00.html
and http://www.irs.gov/pub/irs-pdf/f211.pdf\
Always get a receipt for the price paid for an animal and try to
avoid paying cash. Write a check instead. A seller’s insistence on
cash can be based on a desire to avoid paying income taxes or even a
desire to keep you from having recourse if there are problems with the
animal. Never buy an animal offered in a public place, swap meet,
parking lot, etc.
California Income Tax: The above is also true
for purposes of California resident income taxes. See: http://www.ftb.ca.gov/aboutFTB/txinform.shtml
for information on how to report tax evaders.
California Sales Tax: California sales tax must
be reported and paid by sellers of more than two animals during any year.
See: http://www.boe.ca.gov/pdf/pub122.pdf
If you’re buying a
family pet (except from someone re-homing a single family pet), ask for
the seller’s sales permit number.
California Puppy and Kitten Lemon Laws:
Summary of Lockyer-Polanco-Farr Pet Protection Act:
This law requires pet dealers (i.e. retail sellers of more than
50 dogs or cats in the previous year; not including animal shelters
and humane societies) to have a permit, maintain certain health and safety
standards for their animals, sell only healthy animals, provide written
spay-neuter, health, animal history and other information and disclosures
to pet buyers and also makes them liable for your damages up to specified
limits if:
Ø
the dealer has not maintained specified health, safety and
comfort standards for all animals in his/her care (please read the
law at the link below so you will know what to look for)
Ø
a veterinarian states in writing that the animal became ill
within 15 days of purchase or
Ø
a veterinarian states in writing that within a year of
purchase the animal has a hereditary or congenital disease that requires
hospitalization and from which the animal is unlikely to recover
If the dealer refuses to pay, the most effective way to recover your
damages is usually through a small claims court action. Please check
with your local small claims court as they can provide information
to guide you through the process.
This law also requires pet dealers to only have dogs that are at
least 8 weeks old and to provide dogs with decent food, water, sanitary
living conditions, socialization, exercise and prompt veterinary care.
They must also have each dog checked and treated as necessary by a
veterinarian before s/he is sold. Dealers must also maintain records of
each animal sold for a period of one year. Non-compliance with this
law is punishable by a civil fine of up to $1,000 per violation, with
possible additional penalties for certain offenses as high as $10,000 and
a ban from selling pets for up to one year. Violations should be reported
to your local animal control agency and, if necessary, your local district
attorney’s or city attorney’s office. You should be prepared to
carefully document any complaints with provable facts as government
agencies may not have the time or resources to do so. . If a breeder
is breaking the rules, it’s important that you bring this to the
attention of the proper authorities. The animals can’t, and its
they who suffer and die at the hands of breeders operating in violation of
animal protection laws. Please speak up for those who have no voice.
The complete text of this
law can be found at
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=48460228318+0+0+0&WAISaction=retrieve
Summary of
Polanco-Lockyer Pet Breeder Warranty Act: This law offers
protection similar to that of the Lockyer-Polanco-Farr Pet Protection Act,
except that it applies only to dog breeders who sold or gave away either
three litters or 20 dogs in the previous year. Cats are not
covered. Breeders subject to this law are not covered by the
Lockyer-Polanco-Farr Pet Protection Act
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=485107972+0+0+0&WAISaction=retrieve
California Cruelty
to Animals Laws: California prohibits cruelty to animals and
defines it very broadly. A violation of these laws is a felony
punishable by a lengthy prison term. There are also rules for pet
shops to insure that animals are treated decently. For a summary
of these laws, see
http://www.petcrusader.com/pdf/Animal.Laws.CALIFORNIA.PENAL.pdf
Cruelty to animals
should be reported to your local police or sheriff’s department.
Local
Laws. Every city and county in California has the right to
pass laws that can affect animal breeders and sellers. These
include:
Ø
Zoning laws (for example, use of a residence zoned only for
residential use to conduct a pet breeding/sale business)
Ø
Laws on the maximum number of animals that can be at a given
address
Ø
Business license requirements, including licenses specific
to animal sellers
Ø
Health and safety rules for animals\
Ø
Noise control ordinances
Ø
Mandatory spay/neuter laws
Ø
Laws punishing cruelty to animals
Ø
Other restrictions on animal breeders and sellers
Ø
Anti-animal fighting laws
You can learn about
these laws and file complaints against violators at the local government
agency with responsibility for the subject matter.
Federal
Law – The 1970 Animal Welfare Act: This law requires, among
other things, licensing of breeders who have four or more breeding
dogs or cats and who sell their puppies or kittens, or other breeders who
sell puppies or kittens raised by other breeders. These breeders are
required to maintain minimum health, safety and welfare standards for
animals in their care. The text of the law can be found at
http://www.nal.usda.gov/awic/legislat/awa.htm
and information about it can be found at:
http://www.aphis.usda.gov/animal_welfare/publications_and_reports.shtml
http://www.aphis.usda.gov/publications/animal_welfare/content/printable_version/fs_awawact.pdf
While complaints about unlicensed breeders and conditions at
licensed breeders can be made to the USDA, their resources to deal with
violations are limited and legal action against violators is rare.
Complaints made under state and local laws are more likely to result in
effective action.
Sandy Ettinger put
this information together for all of us. |
