BBKC Forum: Pennsylvania

Pennsylvania

Posted by The King on February 28, 2008, 12:51 pm
75.21.82.197

Puppy, Dog Buyers Beware

PA Dog Wardens Ordered To Reinterpret
Current Law And Take Your Name And
Address To Collect Special $300 Fee

By JOHN YATES
American Sporting Dog Alliance
http://www.americansportingdogalliance.org

Anyone who sells a dog or puppy in Pennsylvania will be required to
turn in the names, addresses and phone numbers of their customers to
state dog wardens, according to a new and unannounced interpretation
of the current state dog and kennel law, The American Sporting Dog
Alliance (ASDA) has learned. Another new interpretation is to
collect personal data and add additional paperwork under the rabies
law.

Current Pennsylvania dog law requires a bill of sale for all dogs
that are sold, but the new interpretation of that provision requires
dog wardens to collect that information and send it to Harrisburg.
Out of state residents who buy from Pennsylvania breeders now will
receive a letter or phone call from the Bureau of Dog Law
Enforcement demanding that they pay a $300 license fee for buying a
dog in Pennsylvania. A warrant will be issued for any buyer who does
not pay for the special license. While the state will not seek
extradition, a simple traffic ticket in Pennsylvania in the future
could trigger an arrest.

ASDA regards this reinterpretation as a thinly disguised method of
trying to stop legit! imate do g breeders from selling across state
lines by creating pointless but very real legal liabilities for
potential customers. We also see it as an attempt to deliberately
place an unnecessary burden on people who raise puppies and dogs, by
requiring them to alienate their customers and exposing them to
stiff fines if they don't follow the rules.

Dog wardens recently received a four-page memo detailing changes in
how current regulations are interpreted.

I learned of these changes when my own kennel was inspected today. I
passed my inspection completely, including the new paperwork
interpretations, but only because I had received an unofficial tip
about the proposed reinterpretations of the law a week ago and had
the correct paperwork on hand.

The requirement for a bill of sale does not apply only to licensed
kennels, according to the new interpretation. It applies to anyone
who sells, gives away or otherwise transfers a puppy or dog to
another person. The state is claiming that out-of-state buyers must
obtain a $300 license, and in-state buyers also must have the dog
properly licensed.

ASDA can see nothing in the current dog law or regulations that
would authorize either the collection of bill of sale information,
or requiring an out-of-state buyer to purchase any form of
Pennsylvania license. However, the Bureau of Dog Law Enforcement is
claiming to have that authority. ASDA is referring the matter to our
consulting attorneys and will seek to overturn this seriously flawed
interpretation of the law.

In the meantime, however, licensed kennel owners will face the
reality of their required spring inspection, and dog wardens have
been told to ask for this paperwork.

Another major change requires dog trainers, han! dler and operators of
boarding kennels to have copies of rabies certificates for every dog
in their kennels. This information also will be collected by dog
wardens and sent to Harrisburg, and owners who cannot prove that
their dog was properly vaccinated at the time of the inspection
would be cited for violating the rabies law. The kennel operator
also would be cited for not having copies of the required
certification.

The Pennsylvania rabies law requires all dogs to be vaccinated
against this disease by a veterinarian (exceptions are provided only
for specially licensed personal kennel owners). In the past, a dog's
owner was required to prove that a dog was properly vaccinated, but
this has not been required of trainers, handlers and boarding kennel
operators.

Under the new interpretation, trainers, handlers and boarding kennel
operators will be required to produce this proof when their kennel
is inspected, and then turn over the names, addresses and phone
numbers of their customers to the state. It is not known what the
state will do with this information.

The American Sporting Dog Alliance works to protect and defend the
rights of sporting dog owners and professionals. Your membership and
support are vitally needed to help us defeat legislation and
policies that will harm dog owners everywhere. Please visit us on
the web at http://www.americansportingdogalliance.org . Our working
is supported solely by contributions from our members.

In Pennsylvania, three new sets of regulations will be published in
late February or early March that will hav! e a majo r effect on dog
owners here. These are:
1. A complete revision of the state kennel law that provides
for stiff fines, mandatory license revocations and seizures of dogs
for even minor technical violations. In addition, the legislation
sets additional requirements for commercial kennels.
2. New regulations affecting all kennels will accompany the
legislation. These regulations make major and burdensome changes in
current policies, and many of them would be impossible to comply
with in real life.
3. Amendments to the animal cruelty law would make it illegal
for breeders to dock the tails of puppies. Anyone found in
possession of a dog with a docked tail would be cited on misdemeanor
charges if they could not prove that a veterinarian docked the dog's
tail, or provide an affidavit that the work was done before the law
takes effect. This law would apply even to dogs from other states
that are in Pennsylvania for dog shows, field trials, other events
or hunting. It also would make it virtually impossible for rescue
groups and animal shelters to take in or adopt out a dog with a
docked tail if proof could not be provided.

ASDA has performed a detailed analysis of these draft laws and
regulations and discussed our findings with key state officials. We
hope that we have been able to influence some positive changes, but
the actual results will not be known until they actually are
published.

We are working to keep Pennsylvanians fully informed at all stages
in this process, and to provide a way for people to take direct
action during a required period for public comment, and also through
their legislators, senators and the governor. Gov. Ed Rendell
supports these tough and unfair new laws and regulations.