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From:
Derek & Amy Flemming - Flemming Farms <[log in to unmask]>
Date:
Sat, 24 Jul 1999 10:18:04 -0400
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[Posted in 2 parts -- combined here.  BIG]
 
Hi all!
 
Guess this MI law brought up quite a few tempers and debates ... sounds
like a good thing to discuss - laws & contracts.
 
Alicia <[log in to unmask]> wrote:
>Hmmm, I find this law most interesting.  And now what do I do with the
>ferret who was turned in here at the shelter 3 years ago complete with
>purchase certificates from a Michigan pet store ( still attached to ferret
>intake file) ... the owner moved to Boston, MA .... and decided he could
>no longer care for him due to a job change.....
>
>The shelter did place this animal in an adoptive home-- are we all going
>to jail???  I guess if this person were to return to Michigan he could
>never own another animal?  Very interesting....
 
Well - you said the key word - PET STORE.  Pet store ferrets are usually
obtained from USDA licensed folks.  This particular law only applies to
HOBYY BREEDERS as out lined by MI State law.  This definition states: "(9)
"Hobby breeder" means a person who owns 4 or fewer ferrets that are at
least 6 months of age or a litter of ferrets the is less than 5 months of
age on a temporary basis for personal recreational purposes such as
competitions in shows or improving the breed, and who registers his or her
ferrets with a national ferret registry organization."  How many breeders
in MI can you think of that break this law?  I know of only three that are
USDA licensed - myself included.  See the 1999 USDA breeders (of any
animals - any state) list at http://www.aphis.usda.gov/ac/alist99.pdf
 
So under MI law a party that lived in MI and moved out of state (dumping,
selling, or giving away the ferret) moved back to MI (*if* they obtained
a ferret from a MI hobby breeder & signed a contract and charges were
pressed) they would face (a) Imprisonment for not more than 90 days (b) A
fine of not less than $500.00 or more than $1,000.00 (c) Community service
work of not more than 120 hours (d) Permanent relinquishment of the
privilege of animal ownership.  Has this ever happened?  Not sure.
 
Has a MI Hobby Breeder law been tested and won?  Yes - by myself.  It was
the law stating "(f) A ferret with any congenital or developmental defect
is not used in a breeding program or offered for stud or hire" and I
pressed charges and won the law suit.
 
The complete MI Law can be seen on my web site at
http://www.geocities.com/Heartland/Ranch/9521/milaw.html
 
So do I fall into this MI Hobby Breeder catagory?  No.  I am licensed
with the USDA.  I DO however place my kits and shelter ferrets with
purchase/adoption contracts that state "I am informed, or will be informed,
of the legal status of ferrets in my state, county, city, and township.  I
agree to abide by all the local animal ordinances and anti-cruelty laws.
I will not sell or give the ferret away.  If the ferret can no longer
be kept, I will return it to Weasel Watchers Ferret Rescue for no
compensations."  My adoption contracts go on to state "It is agreed that
Weasel Watchers Ferret Rescue retains superior title to said ferret:
Limited to and for the express purpose of assuring the well-being of the
ferret, and will only exercise it's superior claim in the event that it
appears to Weasel Watchers Ferret Rescue that the proper and humane care
as specified in the above stated Adoption Agreement is not being afforded
to said ferret in which case the ferret may be taken through a claim and
delivery proceeding.  In the event legal action is necessary because of a
violation of the adoption agreement and expenses and/or court costs and an
attorney's fees are incurred, the adoptive parent agrees to pay those costs
occasioned by the Weasel Watchers Ferret Rescue."
 
Arizona Whiz <[log in to unmask]> wrote:
>Your comments about someone else's THEFT of ferrets in transit . . .
 
Hmmm ... you say THEFT as if it never happens.  Think again.  I know QUITE
a few folks that have had their beloved pets stolen.  Think about this:
How would your daughters feel if they bought 2 ferrets and a seeming to be
trustworthy person said they would be happy to transport them to you only
to never get those ferrets and find out that the person had re-sold them?
Would you blow it off?  Would you press charges?  USDA law states "No
person shall buy, sell, exhibit, use for research, transport, or offer for
transportation, any stolen animal." But yeah - this is QUITE funny.  And
how horrid am I to even make a big deal over this . . .
 
>I'm not at all touched by the Flemmings or Moons of the group and I think
>I no longer wish to associate with people who make these decisions with no
>logic or evidence at all.
 
I read this as saying ... "I think people that make folks sign contracts
that look out for the animal's well being make these decisions with no
logic or evidence at all."  Well excuse me if I want the best for my kits.
I have folks sign contracts for a REASON.  That is so I can TRACE MY
BLOODLINES, know WHERE my kits are, and most importantly TAKE THEM BACK
IF THEY ARE UNWANTED!!!!  Excuse me if this is asking too much or being
unlogical!!!!!
 
>BIG, you run a tight ship, but some of the crew is a little too tight for
>me.
 
Hmmm ... so a breeder that is being responsible by making sure the ferrets
they produce are in good loving homes, and if unwanted they will be
returned to a good loving home, is "too tight" for you?  Well, I will not
change any of my policies ... I might even make them strickter!
 
Good thing it is your daughters that owns these ferrets.
 
Amy Flemming
[log in to unmask]
[log in to unmask]
 
Flemming Farms - Michigan, USA
Breeding for Quality Ferrets
American, Australian, German, and New Zealand bloodlines
Come see us at http://www.geocities.com/heartland/ranch/9521
 
Weasel Watchers Ferret Rescue - Michigan, USA
Helping Needy Weasels
Come see us at http://www.geocities.com/petsburgh/zoo/2690
 
"For every action, there is an equal and opposite criticism"
[Posted in FML issue 2752]

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