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Ohio state law issues

Thanks Mark

This makes me feel much better. I'll email the Susquehanna Ectotherms let them know. I saw a pair of Coastal plains and fell in love. I was bummed when ted said that he could not ship.

Thanks again for the info and your time.
Steve Pisarchik
 
Need help fast: hatchling sales

There is a stand at my local mall that is selling 2" hatchling turtles, but I thought that turtles had to be 4" before they could be sold.
Any info on pertinent laws would be greatly appreciated!
Thanks
 
Yay! Thank you so much!
I am trying to do something about this stand that is selling turtles--there were more than 70 turtle hatchlings in a 10 gallon tank, with no UVB lights or heat lamps!
On top of it, the turtle I bought had an infection causing his scutes to peel : (
Thanks a whole bunch.
 
Megan,

To me it sounds like you want this stand closed down, but that is just my guess. Ok, they are probably violating the law. They may even be improperly caring for the turtles. I see some other alternatives instead of just trying to put this one stand out of business. Maybe it is one of these alternatives which you are already considering, but for some reason I think otherwise - maybe it was that 'Yay" in your post that makes me feel this way. If you have already considered what I am about to suggest, then good for you. If not, maybe I will give you some alternatives to ponder:

Why not try to have the sub-four inch turtle ban repealed.

And why not also try to promote good turtle care among dealers, breeders and keepers.

As for their not being any UV lighting at a stand, that is not unusual. Nor is the lack of a heat lamp if the ambient temperature is sufficient. It does not necessarily mean the turtles are not cared for correctly at other times. However, as to the turtle with the infection, that does tend to show poor care for the turtles, as does having 70 turtles in a 10 gallon tank.

Now tell me: Why did you buy it? In doing so, have you violated the law? Have you aided, abetted or facilitated in a sale that violated the law, even though the seller was someone other than you? Have you done something that experienced herp keepers have often spoken out against - buying a herp that is ill because you felt sorry for it? Why didn't you simply report this stand to the authorities?

Instead you bought that turtle, which you must have felt was ok for you to do, but I get the feeling you may believe it is not okay for anyone else to do. If I am correct in that assumption, then what makes it ok for you to buy one of these turtles, and not for the seller to keep selling to others?

By the way, remember that if in the future you see someone selling sub-four inch turtles it may not be against the law at all. If the person is a hobbyist, who is not running a regular business that deals in turtles, such is permissible. I am not saying that this is what went on at the stand from which you made a purchase, just that you may see this at a herp show. It is also permissible to sell turtles for educational and scientific purposes, and for export. (I guess kids in other countries are not susceptible to salmonella as are our kids. A lame reason for this law; if it held water then eggs, chickens, and dairy products would be totally banned as most cases of salmonella arise from them.) Some people use these exceptions to conduct business, which of course would be illegal.

I am of the firm belief that this law would best be changed to allow sales, and believe that proper care should be something that all dealers, keepers and breeders strive for.

Best regards,
Glenn B
;)
 
Megan,

I guess you missed my point or just choose to ignore it. No you did not simply report the stand to authorities, if I underatand correctly, you bought a turtle first then once you had your turtle, you reported the stand to authorities.

I should tell you though that what happened when the sale took place was probably a violation of federal law. You may have faciliated such by buying a turtle from this person; and it is possible that you might be considered, by some, to be one who aided and abetted another to commit a crime.

Have you turned that turtle over to federal authorities being that it was obtained by way of an apparent illegal sale?

Best wishes,
Glenn B
 
No, I got your point, I just didn't like it.

I don't much feel like arguing this point.

I do not believe what you are telling me is correct just as you cannot believe that what I would say is correct. It's a lose lose situation and acomplishes nothing.

Thank you to the poster of the first reply for helping me.
 
My guess is you will not discuss the matter further because you likely cannot argue successfully your having bought the turtle when you knew the sale was illegal, nor could you likely argue successfully the purchase being ok for you to make but not for others to make, nor can you likely argue successfully your allowing the seller to make a sale to you and not to ohers, and nor can you likely successfully argue your keeping of the turtle that was acquired by an illegal sale of which you had fulll knowlege and participation. Most of all though, I am sure that you do not want your thoughts on this matter posted here for all to see because of the possible ridicule your ideas on this matter may incur.

By the way, I could believe that what you would say to be correct, that is if you said something that was right. For instance, I believe your story of the turtle sale, and of the possibly poor conditions under which they were kept. And I believe you bought one with a shell infection. Why would you think I don't believe all that? It is precisely because I do believe all of it, that I have arrived at the conclusion that what you have done is quite possibly legally wrong, and is in my opion, most definitely morally wrong, regarding your purchase of the turtle.

I can assure you I will not argue the issue any further; however, I may be required to act on it.

Sincerely,
Glenn Bartley
 
Dead horse

Glenn,

Thank you. Though your breath is wasted , on Megan atleast, I more than understand your point and agree with you completely.
 
henryturtle said:
No, I got your point, I just didn't like it.

You didn't like the fact he pointed out the irony that after you did business with an individual you reported them to the authorities for the very thing you did business with them for in the first place.
I'd be willing to bet you left that part out when you spoke with the authorities.

Taking the moral high ground is one thing but doing it after you have joined the offender in the illegal act devalues the idea of doing the right thing.
If you knew someone had stolen some jewelry would you buy a few pieces cheap before turning them in?
It makes me wonder about the possibility that you didn't know the turtle you bought had a problem and after realizing it you decided to retaliate by reporting them.

Regardless though, Glenn is correct in what he says. You choose not to defend your actions because there is no acceptable defense available.
 
The law sounds like a municipal law. Also sounds unconstitutional? What city? I'd love to buy something (a herp) place more than enough money on the counter. Walk out the door, and sit. <p> As a retired cop, no way I want a piece of that silliness. A call to a local news channel would be fun. OK, I grew up in the 60's before I became a cop. <p>Politicians at their best!
 
Ohio Association of Animal Owner's Inc.

Ohio members here is an Organization that is keeping an eye on the Ohio animal ownership laws. It is worth your time to look it over and to come back to time & time again.

Ohio Association of Animal Owner's Inc.
http://oaao.us/index.html
 
I am a pet store in Ohio and have yet to be informed of any new laws or policy regarding the sale of live animals. I do believe that to be a municipal law. However, A law was passed in California in the late 1970's That required all consumers of pets and feeders to be logged by pet store owners and they are now inforcing this law as of a few weeks ago. I only mention this because it can be a very old law in ohio and now being inforced. As far as the importation of animals into the state, this is not a new law as far as I understand. All Imports are to be registered and documented and all animals coming into Ohio require a health permit and this includes insects. I would hope that animal dealers know thier local laws and follow them. Also a side note, just because a law is passed does not mean it cannot be re-written or amended and since there has been a lot more momentum with politcal action with the boa/python ban etc, perhaps we can re-write some laws and take away some of the govenments ammo against us!
 
If you think Ohio is bad live in Michigan this state is joke it is the colon of the US.
 
Exotic ban in Ohio?

Humane Society strikes ‘historic’ deal on farm animals, puppy mills, and exotic animals in Ohio

July 1, 12:10 AM


Ohio governor Ted Strickland announced that The Humane Society of the United States (HSUS) and representatives of the state’s livestock and agricultural producers have reached an agreement in which “agriculture will remain strong and animals will be treated better.”


In return for a set of negotiated reforms, The HSUS agreed to halt its campaign for an “Ohioans for Humane Farms” ballot measure that sought to curb intensive confinement practices on factory farms.


Appearing at a media conference along with HSUS president and CEO Wayne Pacelle and Ohio Farm Bureau executive vice president Jack Fisher, the governor said, “"Instead of expending tens of millions of dollars and unproductive energy fighting an acrimonious campaign through the fall, both sides will be able to continue investing in our agricultural base and taking care of animals.”


Pacelle said, "This agreement provides a pathway for the enactment of a series of eight major animal welfare reforms, representing an historic advance on animal welfare issues.”


In his blog A Humane Nation, Pacelle described the deal’s eight reforms as follows:


* A ban on veal crates by 2017, which is the same timing as the ballot measure.

* A ban on new gestation crates in the state after Dec. 31, 2010. Existing facilities are grandfathered, but must cease use of these crates within 15 years.

* A moratorium on permits for new battery cage confinement facilities for laying hens.

* A ban on strangulation of farm animals and mandatory humane euthanasia methods for sick or injured animals.

* A ban on the transport of downer cows for slaughter.

* Enactment of legislation establishing felony-level penalties for cockfighters.

* Enactment of legislation cracking down on puppy mills.

* Enactment of a ban on the acquisition of dangerous exotic animals as pets, such as primates, bears, lions, tigers, large constricting and venomous snakes, crocodiles and alligators.


Link found here:


http://www.examiner.com/x-23339-Ani...istoric-deal-on-several-animal-issues-in-Ohio



 
Exotic animal owner blasts Strickland, Humane Society

Frazeysburg breeder and exotic animal owner is upset with Gov. Strickland and U.S. Humane Society


FRAZEYSBURG -- Keith Campbell can't keep the smile off his face as he pets one of the foxes he owns, Smoky, on his stomach.






Now Campbell, 43, owner of Hillview Exotics outside in Frazeysburg just inside the Coshocton County line, is furious Gov. Ted Strickland, the Ohio Farm Bureau and the U.S. Humane Society is trying to tell him what animal he can, or cannot, own.

Campbell raises foxes, raccoons, turkeys and gamebirds and said he takes great pride in owning and raising exotic animals, all of which meet state and federal guidelines in housing and care.


"Now the U.S. Humane Society is trying to slide in legislation on us that is going to govern what we do," Campbell said. "They're trying to make us all give up our animals, no matter what. And soon, that's going to include cats and dogs. Those of us who own animals don't want to be dictated to by those who don't or don't want to own animals."
AGREEMENT TO REMOVE THE U.S. HUMANE SOCIETY BALLOT INITIATIVE

The agreement, reached June 30, has recommendations that will be made to the Ohio Livestock Care Standards Board, or OLCSB, relating to a variety of issues that include a ban on veal crates, a ban on strangulation of farm animals, a ban on the transport of downer cattle for slaughter, enactment of legislation establishing felony-level penalties for cockfighters, legislation cracking down on puppy mills and the enactment of a ban on the acquisition of dangerous exotic animals as pets such as primates, bears, lions, tigers, large constricting and venomous snakes, crocodiles and alligators.


As a result of the agreement, the USHS will not pursue a ballot initiative this fall.


"This agreement represents a joint effort to find common ground. As a result, Ohio agriculture will remain strong, and animals will be treated better," said Strickland in a press release.


Strickland said the agreement preserves the integrity of the Ohio Livestock Animal Care Standards Board and provides meaningful recommendations on animal welfare and animal care standards. It has the support of Ohioans for Livestock Care Steering Committee, which is made up of poultry, pork, dairy, beef, corn and soybean associations and the Ohio Farm Bureau.


The agreement is unique, Strickland said, in that it also addresses regulations on dog breeding kennels, cockfighting and dangerous and exotic animals.


Last fall Ohio voters passed Issue 2, which brought about the creation of the Ohio Livestock Care Standards Board to address the issues raised by the USHS.
CONCERNS OF EXOTIC ANIMAL OWNERS AND BREEDERS

Now, Campbell said the USHS is looking to take over the board and push its own ideas and beliefs onto pet owners, farmers, exotic animal owners and breeders.


Campbell has been raising exotic birds and mammals for the past four years after retiring from the U.S. Air Force and does so "because I've always wanted animals since I was a kid.


"And because I can," Campbell adds with a smile. "I enjoy it."
Campbell said the agreement is just a stepping stone for the USHS to rid the U.S. of all animal ownership.


"They don't want you to own anything," Campbell said. "Especially an exotic animal."


According to a letter from Wayne Pacelle, president and CEO of the USHS, the agreement is a "win-win" situation for everyone.
Pacelle calls the agreement a "broad array of very meaningful animal welfare reforms."


"Ohio is now on track to go from having some of the weakest animal welfare laws in the nation to being a state with much stronger protection for animals," Pacelle said in a letter posted on the Ohioans for Humane Farms.


But Campbell and dog breeder Denise Tessum, of Vincent in Washington County, also are concerned the agreement and recommendations are going to slip into the legitimate breeding world as well.


"I'm very upset by it," Tessum said. "We're a very reputable breeder, and there are enough laws out there to put puppy mills out of business easily, if they were only enforced. We don't need new laws, we need to enforce the ones we have."


Tessum believes Strickland compromised with the USHS, giving it a lot more power than it should have.


"If you look, you'll find the national group really has little to do with the groups in our counties here in Ohio," Tessum said. "It's confusing because they say they're 'The' Humane Society, but in reality, they're not. They're a group of people who don't want anyone owning an animal."


Tessum said puppy mills give legitimate breeders a bad reputation.
"I also blame the people who buy a puppy from one of these mills," Tessum said. "The buyers should also be held responsible. They're who are keeping the mills in business. These people see a cute puppy for what they consider to be the right price and they buy it. The next thing they know, the puppy is sick or has something wrong with it and they wonder why."


Tessum said legit breeders are passionate about their animals and love what they do.


"We take responsibility for each and every puppy that is born here," Tessum said. "We have a natural environment, which the humane society doesn't like. Our puppies and dogs run with each other and we don't have fights or other issues with the dogs. We have a well-balanced community of dogs and that's the way it should be. But the humane society, who has mostly people who don't know anything about raising or breeding an animal, say they are the only ones who should be allowed to regulate us."
WHAT IS GOOD FOR THE STATE?

Brent Porteus, the president of the Ohio Farm Bureau Federation and a Coshocton farmer, said his organization has nothing to do with the exotic animal issue and is concerned about keeping food production available in Ohio.


"We want what is good for Ohioans," Porteus said. "We want to protect the process voters put in place last fall by establishing the board and let experts make the decisions."


Porteus said he is pleased with the agreement and that it protects the integrity of the board and allows animal care protections to be implemented.


"The U.S. Humane Society agreed to back off," Porteus said. "They agreed to let Ohioans make their own decisions. That's very positive. They have also agreed to help fund research. That's very good. It used to be their way or the highway."


Porteus said the agreement centered around veal crates, poultry cages, swine stalls and those exotics that are considered dangerous. Karen Minton, a spokeswoman for the USHS in Ohio, said she was hesitant to say too much about the agreement because Strickland would be the one issuing an actual order and the exact language has not been drafted. However, she said the focus of her organization is not on breeders.


"We're focusing more on those individuals who own or sell wild and dangerous animals," Minton said. "These animals are not safe for people to be around.


"People think it's cute to own a small alligator or lion," Minton said. "Ohio has such lax laws when it comes to exotic animals. They go and buy an animal and then the animal grows up. It becomes dangerous because it is a wild animal, just one that has been raised in captivity. Now the owner doesn't know what to do with it because they can't handle it. Those animals are extremely difficult to find other homes for. Where does the person go from there? That's the issue."


Puppy mills always have been a target of her organization, Minton said.
"We do go after the mills that are breeding hundreds and hundreds of dogs in unsafe and unsanitary conditions," Minton said. "But our focus is not on legit breeders. Good breeders will not be affected by this."
Porteus, who said he wasn't really sure what a puppy mill is, did agree with Minton that Ohio has very good breeders who should not be affected.


"I know lots of breeders out there and they're wonderful," Porteus said.
AGREEMENT COULD AFFECT ALL ANIMALS

Campbell, who loves to play with the foxes he has raised from babies, said he doesn't believe the humane society or the farm bureau has his best interests in mind.


"I think they want to get rid of us," Campbell said, as he pet Amadeus, a 1-year-old white fox.


Campbell thinks this agreement opens the door to censorship of all animals.


Watching two Arctic foxes, Rex and Reva, sprint back and forth in their large cage, Campbell frowns and said he's been harassed in the past by those representing animal rights groups.


"I had to put up an electric fence to keep them out because I'm afraid they'll come and try and take some of my animals."


Campbell said exotic pet owners aren't irresponsible.


"We take care of the animals that are being pushed out of their own environment," Campbell said. "This world is a huge declining wildlife area with its deforestation, and we're giving them a place to stay where they're protected and guaranteed food and shelter. I want to protect what I can."


Link:

http://www.zanesvilletimesrecorder....animal-owner-blasts-Strickland-Humane-Society
 
Some more crap to deal with!!!

Exotic-animal owners, sellers fear for future
Sunday, July 25, 2010 03:02 AM
By Vince Bond Jr.

THE COLUMBUS DISPATCH

SHARI LEWISDISPATCH PHOTOS
Paul Thomas, 5, of Columbus, gets acquainted with a rhino iguana at the All-Ohio Reptile Show. The annual event, held since 1988, could face extinction soon.

Exotic animals, like this albino boa constrictor, could be banned in Ohio by a proposed executive order from Gov. Ted Strickland.Selling boa constrictors and pythons is Tim Koppenhofer's lifeblood.

But if Gov. Ted Strickland issues an executive order to ban the sale and possession of exotic pets in Ohio, Koppenhofer's business could run as cold as the blood of his prized snakes.

Koppenhofer, who with his wife, Susan, owns Special K Reptiles, has had to rely on his hobby to make ends meet for the past six months after losing his job at an insurance company.

Reptile business owners wouldn't be the only ones hurt, he said.

Companies selling heat lamps, aquariums and rodents used for food also would face an immediate drop in revenue.

"If this forces me out of business, I'll move out of the state," said Koppenhofer, 57, of Madison. "I would stay close because I have family here."

He said Michigan and Indiana are potential landing spots.

During the All-Ohio Reptile Show yesterday at the Moose Family Center on Demorest Road, Koppenhofer was one of several exotic-pet dealers thinking about the potential fallout from

a ban on their business.

A promise to issue the order was part of a three-way deal among Strickland, the Humane Society of the United States and the Ohio Farm Bureau. The deal prevents a proposed constitutional amendment on farm and animal-care reforms from reaching the November ballot.

MT Schwartz, show spokeswoman and owner of Saffire Dragons in Powell, said the long-running show either would move or stop completely if the order takes effect. The show began in 1988.

Elayne Bruckman, co-owner of Bruckman Reptiles in Ligonier, Pa., said her yearly profits would be chopped in half if she

can't make stops in Ohio.

Bruckman, who was laid off from her job at an insurance company recently, said the business is her family's sole income.

"In this economy, we need more jobs, not regulation and restriction,"

said Bruckman, 54. People who already own exotic

pets would be able to keep their animals, but they wouldn't be allowed to breed them or buy more.

That would leave Urbana snake dealer Jeff Crabtree stuck with a gang of boas and pythons at his house.

"They're trying to take our freedom," said Crabtree, 53.

Schwartz pointed out several children checking out the assortment of snakes, bearded dragon lizards, geckos and turtles.

If reptile shows like this one become extinct, youngsters would lose educational opportunities, she said.

Schwartz let children feed and pet her rhino iguana Sandy. "That is heaven to
me," said Schwartz as she talked about the curious youngsters. "This is the
way to get them to appreciate nature."

[email protected]
 
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