from another list...it was NOT me who wrote the letters, etc...
but permission is granted to crosspost this...


 I received a message on another list that a State
Rep. in Ohio is working on a proposal and was receiving input from the
dog world prior to formerly proposing a new law.  This activity was
inspired by a "constituent" who bought a puppy which then developed hip
dysplasia and other problems.  The breeder offered to take the dog back
but the owner
refused, assuming the dog would be euthanized.  The owner proceeded to
spend a significant amount of money in vet bills and wanted the breeder
to help pay them.

The law in the works is supposed to give "recourse" to such an
individual by requiring breeders to give refunds up to the purchase
price of the dog, in a broad and vague range of cases.

This perked my attention, so I called the office of the Rep drafting the
law and had a very good and LONG discussion with a very well informed
aide.  My concerns revolved around what a breeder can realistically be
expected to be able to control.  My personal opinion - which is not
humbly given in this case - there is a BIG difference between what is
responsible and ethical within our clubs, and what the government should
be sticking it's nose into.

My biggest issue is that the law could require a refund if a dog is
found to have inherited a genetic defect.  (allergies?  mild HD?)  Any
wise buyer could have an essentially healthy dog, keep the dog, and
still get a refund.  Just the threat of being sued and labeled a "lemon
breeder" is too much.  Language of law can be very tricky and in our
case, it could be almost impossible to stay within the law if it's too
vaguely.  Once a law is written, intent is irrelevant.  (example: Many
are considered "extremists" when they say the US Constitution should be
interpreted by the
intent of the authors rather than according to day's environment, thus
re-writing it.)

So I emailed the article I wrote of our interview with Dr. Padgett and
gave them his phone number.  Whaddaya know?  They actually called and
talked with him.  The following is the message I received after this
conversation:

>Dale,
>I wanted to let you know that I just got off the phone with Dr.
>Padgett.  He was very helpful, informative, and responsive to >the
questions that I had.  After speaking with him and reading >your
article, I feel that I have a much better understanding of >what we're
dealing with in terms of dog breeding and its >relation to this
legislation.  We are now in a much better position >to make changes to
this legislation that will protect dogs and >consumers, and not penalize
breeders for things over which >they have no control.  This has always
been the goal of this >legislation.
>Thanks again,
>Sara Hall
>Aide to Representative Kenneth A. Carano
>65th House District
>77 South High Street, 11th Floor
>Columbus, Ohio 43215

She will be sending me the law as it is proposed.  Of course it will
then be amended and may never happen.  I like most of it and hope it
passes with good language.
You can read more about this law and preview a draft of it at this link:

http://www.canismajor.com/orgs/ovdo/oh_lemon.html

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