Proposed Legislation

Releasing Agencies

purpose:

reduce the excessive numbers of companion animals being born who ultimately end up killed
   
now:

“releasing agencies” (now defined as pounds/shelters/rescues) must spay/neuter within 30 days of adoption
   
changes: include pet shops and for-profit backyard breeders (but not responsible breeders) in the definition of releasing agencies
   
  require spay/neuter and microchip identification of all animals released by any releasing agency
  1. releasing agencies will be defined to include dealers, pet shops, puppymills doing business in Virginia directly, through distributors or through the Internet
  1. all releasing agencies must spay/neuter dogs/cats before release; failure to do so is punishable by a penalty of $150
  1. all releasing agencies must identify dogs/cats before release with a microchip registered by the releasing agency to the releasing agency and the first custodian; microchip implanted by releasing agency, the fee for which is chip cost plus the registration fee; failure to microchip is punishable by a penalty of $150
  1. dealers must have business license and dealer permit, issued only on proof of filing Schedule C return setting forth breeding income/expense
  1. a breed-improver, fancier or hobby breeder is not a releasing agency; a breed-improver, fancier or hobby breeder breeds only for show and/or breed improvement, never advertises “puppies for sale” on posters, in newspapers or in sales flyers like the so-called “trader” publications, disdains a profit motive and follows the practices and Code of Ethics of the Virginia Federation of Dog Clubs and Breeders or their substantial equivalent; breed-improver, fancier or hobby breeders are exempted by reason of their pursuit of such activities; dealers who fraudulently claim breeder exemptions will be fined $1,000
  1. pet shops and dealers may waive spay/neuter of dogs/cats they release only if the purchaser: purchased a show grade dog/cat not intended to be a “pet”; disdains a profit motive; and uses the same practices and Code of Ethics as the Virginia Federation of Dog Clubs and Breeders or their substantial equivalent

  1. advertisers shall not accept “puppies for sale” advertising which fails to include business license number; licensee must fax/mail license to advertiser; buyer is liable for business license cost if buyer fails to obtain a copy of the license; there is no exemption for business volume; license fee is flat $150/year

  1. pet shops and dealers are not subject to 3.1-796.96, 3.1-796.96:5A.1 or 3.1-796.96:5F

HOBBY BREEDER: dog or cat owner who wishes to breed one litter; not-for-profit

FANCIER: dog or cat owner who regularly shows dogs or cats at AKC- or UKC-sanctioned competitions; not for profit

BREED IMPROVER: dog or cat owner who breeds working dogs or show dogs or cats of a specific breed(s), not for profit but to perpetuate the breed, or eliminate shortcomings or disease, or who could otherwise demonstrate a conscious and deliberate plan of breed improvement

 

December 19, 2004