Animal AdvocacyAnimal Advocacy

Puppy Mil lsPuppy Mil ls

Valerie A. Lang, J.D., M.L.S.Valerie A. Lang, J.D., M.L.S.

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

??

Merriam Webster defines as:Merriam Webster defines as:

Main Entry: Main Entry: puppy mil lpuppy mil l Function: Function: nounnoun Date: 1973 Date: 1973   a commercial farming operation in which a commercial farming operation in which

purebred dogs are raised in large purebred dogs are raised in large numbers 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 to 4 euthanize 3 million to 4 million cats and dogs million cats and dogs every year, and yet pet every year, and yet pet industry statistics show industry statistics show that about one third of that about one third of the nation's 11,000 pet the nation's 11,000 pet stores continue to sell stores continue to sell puppies. 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

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

In 1966, 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.

The Animal Welfare Act…The Animal Welfare Act…

……which includes puppy mill-related which includes puppy mill-related standards and rules, is an administrative standards and rules, is an administrative law—distinct from animal cruelty laws- law—distinct from animal cruelty laws- which are criminal laws. which are criminal laws. Commercial kennels that violate these kennel Commercial kennels that violate these kennel

standards can be cited, similar to how standards can be cited, similar to how restaurants that violate health codes can be restaurants that violate health codes can be cited.cited.

But it’s against the law!??But it’s against the law!??

Typically, commercial kennel owners that Typically, commercial kennel owners that violate the cruelty laws of a state are violate the cruelty laws of a state are subject to criminal charges, but law subject to criminal charges, but law enforcement cannot always obtain enforcement cannot always obtain probable cause probable cause to enter a kennel to to enter a kennel to identify cruelty violations.identify cruelty violations. Source: ASPCASource: ASPCA

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 Mil ls

Dealers (Brokers)(Exempt from USDA (federal)

l icensing and inspections if sell ing

to the public)

It is the USDA’s posit ionthat these dealers are

retail pet stores (unless sell ingto research, a dealer, or an

exhibitor).

Can also bePuppy Mil ls

Pet Store (Retail Dealer)

(Excluded from AWA (federal) minimum humane

handling requirements)

Large ScaleCommercial Breeders

“Wholesalers”and

“InternetPuppy Mil ls”Regulated by USDA

Licenses and Inspections

Public

Puppy Mill ChainPuppy Mill Chain Broker

WholesalerResearch Facil i tyOther Pet Dealer

Class B Dealer(Subject to USDA

Licensing and Inspections)

C.C. Baird

Dealing Dogs ChainDealing Dogs Chain

LaboratoriesInstitut ions

Other Dealers for ResearchTesting

Education

Bunchers

Flea MarketsAuct ions

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.

Pet Lemon Laws – some states make pet stores financially responsible for sick animals purchased from them

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

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

sales numbering over a specified threshold. 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 twice at least twice

yearly. 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 state. to cover different areas of the state. is equipped with is equipped with strong penaltiesstrong penalties when facilities are in when facilities are in

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

EducationEducation

Warning SignalsWarning Signals

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

mom and dadmom 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 and Apply care standards to both licensed and unlicensed facilitiesunlicensed facilities

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

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

and addressand address Require Ag. & Mkts. to report cruelty and Require Ag. & Mkts. to report cruelty and

neglect to local authorities for follow-upneglect to local authorities for follow-up

Toronto Takes Charge.Toronto Takes Charge.