Fwd: IMPORTANT UPDATES AS OF 4/20/09! Great News in the Fight Against Dog Auctions and Puppy Mills!

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Mary O'Connor-Shaver <mshaver_0462

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Mon, 20 Apr 2009 12:30 pm

IMPORTANT UPDATES AS OF 4/20/09! Great News in the Fight Against Dog Auctions and Puppy Mills!

 

 

 

 

 

 

Dear Companion Pet Lovers ~

 

 

I wanted to share with you some important updates on efforts taking place across our country to raise awareness of puppy mills, dog auctions, pet stores and the entities that support and keep them in business.  

 

A HUGE thanks to everyone who supported Bark Til Dark Dog Park's "Hope. Change.  Making a Difference for Ohio Puppy Mill Dogs" party this past Sunday.  Over $1,200 was raised to help make a difference in the lives of Ohio puppy mill dogs!  A special thanks to Missi Hamilton, Todd Gongwer of Massey's Pizza of Powell, Dean Vickers of Humane Society of United States, the dedicated volunteers and puppy mill survivors from Luv 4K9s and Almost Home Dog Rescue of Ohio and all the wonderful dog lovers who helped make this fundraiser a success!

 

1. COLORADO.  Legislation introduced on January 21 in Colorado that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely.  The Colorado House Agriculture Committee voted on January 28 to table H.B. 1172, and no further hearings are scheduled at this time.  The puppy mill

bill, if passed in its proposed form, would:

 

ü       Limit the number of adult, unaltered dogs a breeder can maintain

ü       Mandate annual veterinary exams

ü       Prohibit individuals convicted of animal cruelty of obtaining a breeder license 

 

2. CONNECTICUT.  Lawmakers this year will decide whether pet owners should get double their money back from stores that sell them puppies, kittens and other animals with chronic disease or disabilities.  Groups such as the Westport Coalition Against Puppy Mills, whose members include G. Kenneth Bernhard, a lawyer and former state representative from Westport, believe that wronged pet owners need more recourse.  They want to be able to claim back twice the purchase price of defective animals.  Bernhard said that coalition members reviewing records, traced many puppies for sale in Connecticut pet stores to so-called puppy mills in Pennsylvania and points west.  "Some had some horrific violations," Bernhard said, adding that owners have been stuck with huge

veterinary bills.

 

The proposed bill, S.B. 499, will also prohibit sales of animals from unlicensed facilities and require brokers to list each breeder's name and/or USDA number on all health certificates.

 

For more information, we invite you to view the article, "Pet 'Lemon Law' unleashed at hearing".

 

3. IDAHO.  On February 17, announcement was made that an animal cruelty bill that teamed the agricultural community and a local animal welfare group together is dead for the 2009 session because of infighting between two animal welfare groups.

 

For more information, we invite you to view the article, "Animal Cruelty bill fails to enter legislature".

 

4. ILLINOIS.  

 

 

Due to pressure from the Illinois Veterinary Medical Association, the American Kennel Club and commercial breeders in Illinois, H.B. 198/S.B. 53 was not brought forward for a vote in the Business and Occupational License Committee.  Named after a sole survivor of a puppy mill in DownstateMaconCounty, H.B. 198 was expected to have a positive impact on ending puppy mills in Illinois.  The legislation, if passed in its proposed form, would: 

 

ü       Create a Dog Breeder License Act, which would prevent breeders from having more than 20 unaltered dogs.

ü       Prohibit individuals from obtaining a dog-breeding license if they have been convicted of a felony animal-cruelty crime, including dog fighting.

ü       Require dog breeders to keep dogs in buildings without wire flooring and with sufficient heating, cooling and ventilation.

ü       Require pet stores and breeders to provide potential pet buyers with the dog's full medical history, information of spaying and neutering and information about any prior medical care.

ü       Establish penalties starting with fines and escalating to having animals seized and breeding operations shut down. 

 

5. INDIANA.  On April 7, H.B. 1468 passed the Senate and S.B. 238 passed the House.   An amendment was added in Senate Chambers to reinstate some of the basic standards of care that were removed in Committee: 

 

 

ü      Larger cage size requirements

ü      Part of the flooring must be solid flooring (only partial wire flooring will be allowed)

ü      Exercise requirement was reinstated

 

 

Both bills will now go to conference committees, where additional changes can be made.   We invite you to read the April 7 article, 'Puppy mill' capital works to shake title" and "Puppy mill bill in jeopardy" for additional up-to-date coverage on this proposed legislation.

 

Breeders in Indiana have formed an alliance in the past month ("Indiana Coalition For Canine Welfare").  Also, Rep. Foley again made a motion that this bill be sent to a Summer Study, which was seconded. Rep. Lawson did refuse that option.  The proposed legislation is hitting some significant barriers from stakeholders tied to the commercial breeding industry.  They are recommending:

 

ü       Either changing the number of unaltered dogs that a breeder can have from 30 to 50 or completely eliminating the cap altogether

ü       Removing the sections on requiring a breeding dog to be retired from breeding at eight years of age and limiting the number of litters a dog can produce to one per year.   

ü       Removing the exercise requirement.

ü        Remove the requirement for illumination.

 

The proposed bill - H.B. 1468 - can be read here.

 

6. IOWA.   A proposed puppy mill bill,  which will allow inspectors from the state Department of Agriculture into a USDA facility upon receipt of a complaint, has been referred to the Iowa Senate's Agriculture Committee.   A HUGE thanks to BanOhioDogAuctions.com supporter, Mary Lahay, for her tireless efforts to help draft this legislation!   For more information on Mary's efforts, we invite you to view the article, "wants puppy mill bill changed".  

 

As expected, the poultry group has registered its opposition to the bill, as has the Iowa Cattlemen's Association.

 

The proposed House version - HF 30 - can be read here.

 

7. MAINE.  HP 666, LD 964 An Act Pertaining to the Breeding and Selling of Dogs and Cats, introduced by Representative Wendy Pieh (D-Bremen) 3/10 and referred 3/12 to the Committee on Agriculture, Conservation And Forestry and sent for concurrence.

 

HP 666, LD 964 establishes three categories of breeding kennels:

 

ü       A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel. (Fee $75)

ü       A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel. (Fee $250)

ü       A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel. (Fee $500)

  

HP 666, LD 964 creates "conditional licensing" for new applicants until inspections are performed and the kennel passes to the satisfaction of the state inspectors.  HP 666, LD 964 establishes fees for follow-up inspections following an infraction.  Should two or more follow-up inspections be needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. If documents necessary for registration of a dog or cat with a pedigree registry are not provided to the buyer within 60 days of sale, the buyer is entitled to a refund of 50% of the sale price.  The proposed legislation also adds a new requirement that a veterinarian must examine animal prior to sale.

 

The proposed bill - HP0666, LD 964  - can be read here.

 

8. MARYLAND.  S.B. 318 (H.B. 495), which would have addressed the commercial dog breeding industry, was given an uunfavorable report on March 2 by Judicial Proceedings and withdrawn.  If passed, the proposed legislation would have prohibited a person from owning, possessing, controlling, or otherwise having custody of more than 50 breeding dogs over the age of four months at any time; established enclosure size and exercise requirements to be met by a person owning, possessing, controlling, or otherwise having custody of more than 10 breeding dogs over the age of four months; established a penalty for a violation of the Act; and exempted specified facilities

from the requirements of the Act.

 

9. MINNESOTA.   H.F. 253was "laid on the table" in the House Agriculture Committee, so the proposed legislation will not pass this year.  Learn more at Follow The Vote.  Minnesota has no state laws to regulate the dog and cat breeding industry, and Senate File 7 (Betzold) and House File 253 (Tillberry) were introduced in the Minnesota Legislature to provide such regulation. 

 

 

 

ü       S.F. No. 7, as introduced, Puppy and Kitten Mill Bill     

ü       H.F. No. 253, 1st Engrossment, Puppy and Kitten Mill Bill  

 

Kathy Bauck (Pick of the Litter) Verdict:  The jury found USDA licensed breeder, Kathy Jo Bauck, not guilty of two felony counts of animal abuse and guilty of four misdemeanor counts. For trial details and to view the undercover investigation video, we invite you to visit - > http://www.animalfolksmn.org.

 

10. MISSOURI.  Since taking office in January, the agriculture chief has been working to better enforce a 1992 program for protecting animals cared for by breeders. He has named a new program coordinator, asked for a re-examination of old cases, ordered a review of internal procedures, and stepped up inspections and the issuing of citations to violators.  His new Operation Bark Alert allows people to report unlicensed breeders directly to him by e-mail.

 

For more information, we invite you to read the April 6 article, "Missouri fights reputation as 'puppy mill".

 

11. MONTANA.  A Ballantine woman's animal cruelty case caught the attention of Montana lawmakers and has prompted several bills aimed at regulating dog breeders and animal hoarders.

 

In December, authorities seized 189 living dogs and numerous dead dogs from Linda Kapsa's Shady Lane Kennels, triggering an animal cruelty case that prosecutors believe was the largest seizure of animals in the state.  Animal rescue officials, on the scene during the seizure, described Kapsa as an animal hoarder and said her operation could be described as a puppy mill.

 

Sen. Mitch Tropila (D-GreatFalls) introduced a bill that would add hoarding to the state's list of animal cruelty offenses, and Rep. Dave McAlpin, D-Missoula, is introducing a bill that would require commercial breeders - those with 20 or more adult dogs - to register with the state and submit to annual surprise inspections. Registration would come with a $415 biannual fee to cover the cost of inspections.

 

For more information, we invite you to view the article, "Proposed legislation would place stricter regulations on breeders" .

 

12. NEBRASKA.  Legislation introduced on February 2 in Nebraska that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely.   State Legislators are currently voting on an amended version of this proposed bill, LB241.  The Appropriations Committee of the Legislature is very seriously considering cutting the funding of the Commercial Dog and Cat Program.  If one inspector is removed,

it is predicted there will be a discontinuation of regular inspections of commercial kennels, dealers and pet stores, animal control facilities, boarding kennels or humane societies by the State.   Inspections will only be complaint driven.

 

Senator Ken Haar introduced LB 677, a bill that aimed to strictly regulate commercial dog breeders in Nebraska by establishing ownership limits and dog breeding restrictions.  If adopted as proposed, LB 677 would have:

 

ü       By April 1, 2010, restrict all those defined as "commercial breeders" under existing Nebraska law to owning no more than 75 dogs over the age of four months.

ü       Limit the breeding of purebred dogs only to dogs between the ages of 18 months and eight years of age.

ü       Mandate the implementation of kennel requirements, including but not limited to, climate conditions, enclosures, building materials, and construction. 

 

For more information, we invite you to view the article, "Farm Bureau wary of potential pet, livestock linkage".

 

13. NEW YORK.  A new puppy mill bill is expected to be introduced in 2009.

 

To educate citizens about the horrific abuse taking place in those "beautiful white barns", Puppymill Rescue Inc. invites animal advocates from across the country to participate in the second annual "Bark Heard around the World" to be held at the New York State Fairgrounds in Syracuse, NY from 10AM - 4PM on Sat., May 30th, 2009. 

 

14.  NORTH CAROLINA.  S.B. 460 / H.B. 460 Commercial Dog Breeders; adds commercial breeder, commercial breeding operations to SECTION 1 G.S. 19A-21 as a category along with pet shops and boarding kennels for the purpose of licensing, regulation and inspection.  (5a) "Commercial breeder" means any person who, during any 12-month period, maintains 15 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. (5b) "Commercial breeding operation" means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and their offspring."   The proposed legislation would mandate standards for care at

commercial breeding operations, including requirements for exercise, veterinary care and record keeping to be written by the NC Department of Agriculture at a later date and adds annual veterinary exam and certification for females before breeding.

 

For more information, we invite you to view the article, "Puppy mill bill gaining momentum".

 

Also, we invite you to read the April 6 news article, "Wilson County shortens leash on pet breeders" , which contains a video  highlighting breeders who welcome the new regulations.

 

15. OHIO.  A puppy mill bill (S.B. 95) was introduced in April by Senators Jim Hughes and Gary Cates.  Representative Cheryl Grossman will also be introducing new legislation that will establish reasonable and enforceable shelter standards and veterinarian care for commercial breeding kennels in Ohio.   Given that the new bill will rely on local enforcement with state oversight (requiring little to no additional fiscal resources from the state), it is expected this proposed legisla

tion will please all interested stakeholders.

 

Ohio's constitution does allow for ballot initiatives and as many of you are aware, Ohio voters and taxpayers aren't bashful about putting initiatives on the ballot..  Since the passage of Proposition 2 in California, there has been a lot of speculation as to what state might be next, Ohio has been one of the states mentioned.  It is our hope that a ballot initiative to ban dog auctions may be a very real possibility for Ohio (see attached flyer).  For more details concerning this initiative, we invite you to read the article, "Animal

advocates may push for a ban on dog auctions". 

 

 

On March 14, a four-hour meeting with Ervin Raber (one of the largest USDA "Class A" licensed breeders in OH), Harold Neuhart (owner of the Buckeye Dog Auction), Tracy Gavidia (USDA-APHIS Animal Care Inspector) and various stakeholders tied to the breeding and animal advocacy communities took place in Holmes County.  A key component of this meeting included a discussion of Pennsylvania's statute 459-603 (which bans public dog auctions in the Commonwealth) and our team's intentions to ask voters to approve a similar ban for Ohio.  Ervin expressed that in his opinion, they had a slim chance of defeating a ballot initiative, and that he anticipated such a campaign (should they try and oppose the measure) would probably result in a great deal of "collateral damage" for the Amish community.  As a result, a second

meeting to begin the process of drafting language for Ohio has been scheduled for Monday, April 27.  

 

 

16. OKLAHOMA. The Oklahoma Pet Quality Assurance and Protection Act, H.B. 1332, passed the House committee vote on March 4 with a wide margin of 74 to 26 in favor of the bill.  The Oklahoma Senate Appropriations Committee will vote on Wednesday, April 1.

 

The proposed legislation would mandate USDA standards as a minimum for all facilities selling, trading or adopting out over 25 dogs, cats, kittens or puppies in a year.  

 

For more details concerning this legislation, we invite you to read the article, "OK House to Vote on Puppy Mill Bill".

 

17. OREGON.  The Oregon legislature is considering a bill, H. B. 2470, to provide protection for breeding dogs in commercial kennels.  The first hearings on the bill were held February 23 by the House Committee on Consumer Protection.

 

In addition to mandating minimum living conditions, the bill restricts the size of commercial breeding kennels to a maximum of 25 unaltered dogs four months or older.  It also protects consumers with a tracking system which give buyers of sick or deformed animals a way to recover damages if the seller did not disclose congenital defects at the time of purchase.

 

The proposed House version - H.B. 2470 - can be read here. 

 

For more details concerning this legislation, we invite you to read the article, "Oregon puppy mill hearing draws huge crowd".

 

18. PENNSYLVANIA.  With a vote of 192 for and 0 against,