Action | Promulgate regulation required by Chapter 1284 of the 2020 Acts of Assembly |
Stage | NOIRA |
Comment Period | Ended on 5/12/2021 |
Introduction:
Within the Virginia Pet Advocate Alliance, it is our hope as responsible pet store owners that we can create a system that can prevent animal negligence and protect our personal livelihoods. We want to ensure that pet stores are acting responsibly without creating unnecessary burdens for enforcement of new regulations. It is both our hope and expectation that we can work towards a common goal in order to satisfy everyone’s needs and concerns. We supported SB 891, the impetus for this regulatory action, from the beginning and are in support of holding our industry to appropriate standards.
Standards of Care:
We intend to propose an update to the Animal Facility Inspection Report that used to be performed by Virginia Department of Agriculture and Consumer Services, by including more strict regulations that have passed since 2010. This would ensure adequate overall care and treatment of the animals while in our custody.
§ 3.2-6511. Failure of dealer or pet shop to provide adequate care. This includes provisions for suitable food, water, shelter, sanitation, exercise, and veterinary care.
Using the code sections listed below, we recommend the following standards and requirements be checked during an inspection:
New language added to § 3.2-6511.1 and § 3.2-6511.2 that will be in effect July 1, 2021 fromSB1412 from the 2021 Special Session, which prohibits certain individuals convicted of animal cruelty from working at a pet store. We at VPAA supported this bill and are pleased that it was passed to further protect our animals prior to going to their new home.
Microchips and Vaccines
Our puppies are microchipped to help locate the rightful owner if they are ever lost or stolen. The registration is completed once the puppy is sold. This helps identify the puppy for any treatments given and any registration information. This is much safer than a tattoo or collar that can be removed. Our puppies are vaccinated following the manufacturer’s recommendation. We receive puppies in different stages of their vaccination series. Due to this, daily vaccine checks and updates are required everyday to make sure no puppy is delayed on their vaccination series. We also have preventive measures in place for intestinal parasites. We strive to maintain the health and well-being of all of our animals.
Penalties, Licensing, and Appeals:
We recommend creating a three-tiered system for penalties and infractions based on the severity of the infraction, such as:
Infraction |
Example |
Penalty |
Area of concern |
Minor infractions, paperwork errors |
Written confirmation of correction; if not addressed at next regular inspection, disciplinary action |
Indirect / non-critical violation |
Violations that do not harm the welfare of the animals, i.e. hole in the blanket or dog food bag placed on the floor |
Written confirmation of correction; if not addressed at next regular inspection, disciplinary action |
Direct / critical violation |
Violations that harm the welfare of the animals |
Disciplinary action –based on existing code |
These tiers are in line with the Animal Welfare Act (7 U.S.C. § 2131 et seq.) and other forms of inspections that identify certain infractions as “areas of concern.”
We suggest a pet store to have the opportunity to appeal any recommended disciplinary action.
Areas of concern and indirect / non-critical violations should require written confirmation of correctionIf the infractions are not observed to have been addressed at the next inspection, disciplinary action may occur based on the facts.
Conclusion:
We fully intend to work towards a system of accountability directed at both preventing the mistreatment of animals and supporting the businesses of responsible pet store owners in Virginia. Responsibility and transparency in this process are of the upmost importance.It is our expectation that second and third order effects of enforcement and compliance will be considered and scrutinized throughout this process.
Our proposed new regulations are geared towards ensuring a standard of care that holds animal life in the highest regard, while continuing to provide a much needed service to the community. It has never been our desire to have a lawless system that would force potential pet owners to find companion animals through entirely unregulated means. We hope to find a great deal of commonality in the overall goals of everyone concerned and work together to logically address potential issues.