Animal Law IAnimal Law I

What is a What is a “Puppy Mill”“Puppy Mill”

??

Merriam Webster defines as:Merriam Webster defines as:

Main Entry: Main Entry: puppy millpuppy mill

Function: Function: nounnoun

Date: 1973 Date: 1973

  a commercial farming operation in a commercial farming operation in which purebred dogs are raised in which purebred dogs are raised in large numbers large numbers

So what is this all about…So what is this all about…

Each year American consumers purchase dogs from unregulated dealers who sell animals from their premises. Many of the animals are sold through newspaper advertisements and via the Internet, which means the purchaser can't see the conditions in which the dogs live.

U.S. animal shelters U.S. animal shelters euthanize 3 million euthanize 3 million to 4 million cats to 4 million cats and dogs every and dogs every year, and yet pet year, and yet pet industry statistics industry statistics show that about show that about one third of the one third of the nation's 11,000 pet nation's 11,000 pet stores continue to stores continue to sell puppies. sell puppies.

Puppy Mill HistoryPuppy Mill History

Decades-old industryDecades-old industry Pet store original sales channelPet store original sales channel Pet store decline and reboundPet store decline and rebound

Aren’t puppy mills illegal?Aren’t puppy mills illegal?

““Why don’t you just outlaw them?”Why don’t you just outlaw them?” Bad business practice = failed Bad business practice = failed

businesses (right?)businesses (right?) Do dogs = corn? (or cows?)Do dogs = corn? (or cows?) ““But I’m in [state x] and we don’t But I’m in [state x] and we don’t

have puppy mills here.”have puppy mills here.”

Common problems with puppy mill Common problems with puppy mill dogsdogs

ParasitesParasites URI/pneumonia (puppies)URI/pneumonia (puppies) GiardiaGiardia ParvoParvo EarsEars TeethTeeth SkinSkin Kidney and liver problems (puppies)Kidney and liver problems (puppies)

Animal Welfare ActAnimal Welfare Act

About thirty-five years ago, Congress passed the AWA to, in part, ensure that breeders provide humane treatment to animals in their care. AWA requirements include adequate

housing, ample food and water, reasonable handling, basic disease prevention, decent sanitation, and sufficient ventilation.

So, the United States Department of Agriculture regulates (through licensing and inspection) "commercial" breeding kennels. A "commercial" breeder is an operation

with more than three breeding females that sells dogs or cats to wholesale dealers (middleman).

Puppy Mills

Dealers(Exempt from USDA

Licensing and Inspections)

Can also bePuppy Mills

Pet Store (Retail Dealer)

Commercial Breeder

Regulated by USDA

Licenses and Inspections

Public

Puppy Mill ChainPuppy Mill Chain Broker

WholesalerResearch FacilityOther Pet Dealer

Class B Dealer(Subject to USDA

Licensing and Inspections)

C.C. Baird

Dealing Dogs ChainDealing Dogs Chain

LaboratoriesInstitutions

Other Dealers for ResearchTesting

Education

Bunchers

Flea MarketsAuctions

Individuals

PoundsShelters

Other Dealers

The "Retail Pet Store" Exemption The "Retail Pet Store" Exemption ProblemProblem

The USDA has never required dealers who sell their animals directly to the public to apply for licenses, regardless of the size of the operation.

It is the USDA's position that these dealers are retail pet stores.

Why is this significant?Why is this significant?

The Animal Welfare Act (AWA) excludes "retail pet stores" from its minimum humane care and handling requirements!

Many think that a person breeding animals on his own premises and selling them directly to consumers is not a "retail pet store.“

Puppy mills can get around USDA licensing requirements by selling directly to consumers, and many simply rely on the limited reach of the law—with so few inspectors and only minor fines in place, it's often easy for puppy mills to stay in business.

Who is (or should be) looking at Who is (or should be) looking at puppy mills?puppy mills?

USDA vs. StateUSDA vs. State Difference in state laws and Difference in state laws and

enforcementenforcement State inspections vital for all State inspections vital for all

operationsoperations Imports Imports

New YorkNew York

Growing problemGrowing problem Migration from PennsylvaniaMigration from Pennsylvania

Solving ItSolving It

EducationEducation Legislation/EnforcementLegislation/Enforcement

A good breeding facility law: A good breeding facility law: 

applies to applies to all breeding operationsall breeding operations with animals or with animals or

animal sales numbering over a specified threshold. animal sales numbering over a specified threshold. requires a requires a licensing fee and pre-inspectionlicensing fee and pre-inspection. . includes includes routine, unannounced inspectionsroutine, unannounced inspections at least at least

twice yearly. twice yearly. is enforced by an agency with is enforced by an agency with adequate fundingadequate funding and and

properly trainedproperly trained and tested staff. and tested staff. rotates inspectorsrotates inspectors to cover different areas of the to cover different areas of the

state. state. is equipped with is equipped with strong penaltiesstrong penalties when facilities are when facilities are

in repeated non-compliance, including but not limited in repeated non-compliance, including but not limited to cease and desist orders.to cease and desist orders.

EducationEducation

Warning SignalsWarning Signals

Wants cash paymentWants cash payment Won’t let you visit the kennel and Won’t let you visit the kennel and

meet mom and dadmeet mom and dad Meets you somewhere else for Meets you somewhere else for

“convenience”“convenience” No AKC papersNo AKC papers Stops answering phone or emailsStops answering phone or emails

Puppy Mill SolutionsPuppy Mill Solutions

Apply care standards to both licensed Apply care standards to both licensed and unlicensed facilitiesand unlicensed facilities

Authorize Ag. & Mkts. to enter Authorize Ag. & Mkts. to enter premises to assure compliancepremises to assure compliance

Put inspection reports onlinePut inspection reports online Require advertisements to include Require advertisements to include

name and addressname and address Require Ag. & Mkts. to report cruelty Require Ag. & Mkts. to report cruelty

and neglect to local authorities for and neglect to local authorities for follow-upfollow-up