Agenda Item #8B
March 3, 2015
Action
MEMORANDUM
February 27, 2015
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomeye;)rir;µj'Ll)I
Action:
Bill 50-14, Animal Control
Retail Pet Stores
Public Safety Committee recommendation (3-0):
enact Bill 50-14.
Bill 50-14, Animal Control - Retail Pet Stores, sponsored by then-Council Vice President
Leventhal, Councilmembers Navarro, Branson, Riemer, Berliner, Elrich, then-Council President
Rice and Councilmembers Katz, Hucker, and Floreen was introduced on October 28, 2014. A
public hearing was held on January 27 at which the Council heard from individuals that were
supportive and opposed to Bill 50-14. Donald Johnson, Director of the Montgomery County
Animal Services, testified on behalf of the County Executive in support ofBill 50-14 (©63). A
Public Safety Committee worksession was held on February 5.
Bill 50-14 would prohibit certain retail pet stores from selling certain animals bred in certain
breeding facilities. Specifically, Bill 50-14 would prohibit any pet store that operates in the
County's jurisdiction to sell any dog or cat unless the animal was obtained from an animal care
facility or a non-profit rescue organization.
Background
On October 16, 2014 the Public Safety Committee received a briefing on puppy and kitten mills
from the Humane Society and the Division of Animal Services. The Council staff packet for that
briefing can be found at the following link:
http://www.montgomerycountymd.gov/
council/Resources/Files/agenda/cm/20141141016/20141016 PS4.pdf. A copy of the Powerpoint
presentation provided at that meeting is attached on ©6. After the public hearing, Mike Bober,
Executive ViCe President for the Pet Industry Joint Advisory Council, provided a response to the
Humane Society's presentation. This response in on ©34.
Federal law.
The Animal Welfare Act applies to commercial kennels and requires certain basic
standards of care and treatment. The U.S. Department of Agriculture enforces the Animal Welfare
Act, which required covered entities to provide animals with adequate care and treatment in
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housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme
weather and temperatures. USDA notes that these requirements are "basic standards" and
"regulated businesses are encouraged to exceed these standards" (see fact sheet on ©43).
In 2010, the USDA's Office ofinspector General issued an audit of the Animal and Plant Health
Inspection Service's Animal Care Program (see executive summary of the report at ©49 and the
agency's response at ©52).
1
The Inspector General found several "major deficiencies" with the
administration of the Animal Care Act, including:
• the enforcement process was ineffective against problematic dealers;
• inspectors did not cite or document violations properly to support enforcement actions;
• the new penalty worksheet calculated minimal penalties;
• the Service misused guidelines
to
lower penalties for violators; and
• some large breeders circumvented the Animal Welfare Act by selling animals over the
internet (©49-50).
After this report was issued, the USDA issued a final rule amending the definition of retail pet
store so that breeders could not avoid the Animal Welfare Act by selling dogs over the internet.
Under the final rule, a retail pet store is defined, in part, as "a place of business or residence at ·
which the seller, buyer, and the animal available for sale are physically present so that every buyer
may personally observe the animal prior to purchasing and/or taking custody of that animal after
purchase, and where only the following animals are sold or offered for sale, at retail, for use as
pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic
ferrets, domestic farm animals, birds, and coldblooded species."
Maryland law.
State law does not require retail pet stores to sell dogs only from animal care
facilities or non-profit rescue organizations. Section 19-703 of Title 19 of the Business Regulation
Article requires a retail pet store
to
conspicuously post on each dog's cage certain information
about that dog and the dealer, maintain a written record of certain information and medical
treatments of the dog and information about the dealer (©58). Section 19-704 requires a retail pet
store to provide a health certificate to a buyer (©60) and Section 19-705 specifies certain remedies
for a buyer if a dog gets sick or dies within a certain period of time (©61 ).
Action in other jurisdictions.
Several jurisdictions have enacted legislation similar to Bill 50-14,
including Phoenix, Chicago, Los Angeles, and San Diego. Other jurisdictions have approached
this issue in different ways. Connecticut, for instance, requires pet stores to sell pets only from
breeders that are licensed by the United States Department of Agriculture (USDA), have not
committed a direct violation of USDA regulations during the previous two years, have not
committed three or more indirect violations of USDA regulations during the previous two years,
and have not received "No Access" violations from the USDA on their two most recent visits. The
New York City Council recently enacted a law (which later became law) prohibiting pet stores
from selling a dog or cat that was obtained by a source not licensed by the USDA, a broker, or a
dealer or breeder with certain violations of the Animal Welfare Act.
1
A copy
of the entire Inspector General audit can be found at: http://www.usda.gov/oig/webdocs/33002-4-SF.pdf
2
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Summary of Public Input
The Council has received hundreds of e-mails from constituents supporting Bill 50-14. At the
hearing and in written correspondence, the Council heard from many residents and advocacy
organizations supportive of Bill 50-14, including Puppy Mill Rescue Support Group, Humane
Society of the United States, Montgomery County Humane Society, and Best Friends Animal
Society.
Those who support Bill 50-14 did so for reasons, including:
• · concerns about the living conditions and nutrition and veterinary treatment of dogs and
puppies in commercial kennels;
• concerns about the health of puppies, including parasites, respiratory infections, congenital
defects;
• concerns about the behavior of puppies bred in commercial kennels;
• concerns that puppies from large commercial kennels contributing to the number of
homeless dogs in animal shelters; and
• Bill 50-14 would encourage adoption of animals from shelters and rescue organizations.
The Council has also heard from residents and organizations opposed to Bill 50-14, both in written
correspondence and at the hearing, including the Pet Industry Joint Advisory Council, MD
Association of Pet Industries, VCA North Rockville Animal Hospital, and America's Pet
Registry.
Those who opposed Bill 50-14 did so for reasons, including:
• retail pet stores are regulated at the federal and state level and animal welfare concerns
should be addressed at those levels;
• Maryland law requires warranties for dogs purchased at pet stores and pet stores often offer
health guarantees;
• a veterinarian argued that in her practice, she has seen no more or less issues with
congenital defects or serious health issues that dogs from any other source (except for
respiratory infections);
• does not retain consumer choice on where consumers purchase puppies; and
• concerns about health and behavior of puppies coming from animal shelters.
Select written testimony and correspondence begins on ©63.
Issue
I
Committee Recommendation
Should Bill 50-14
be enacted?
Mike Bober, on behalf of the Pet Industry Joint Advisory Council,
advocated:
• requiring that animals in retail pet stores come only from USDA-licensed sources; and
• prohibiting animals from sources that have "no entry" on their last USDA inspection report
that directly impacts animal health (©80).
3
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As noted above, this approach has been followed in some jurisdictions. Concerns about using this
approach include that the standards required by the Animal Welfare Act are only basic standards
2
and that enforcement of those standards has not been strongly enforced (as evidenced by the USDA
OIG report). In light of this, in Council staffs view, ifthe Council is concerned about these large
scale commercial breeders, the amendments offered by
Mr.
Bober may not address those concerns.
Committee recommendation (3-0):
enact Bill 50-14 as introduced.
Although some commenters noted that this issue is addressed at the state and federal levels, that
fact does not preclude the Council from enacting this legislation. As Councilmembers are probably
already aware, Council staff would note that there are no retail pet stores within the County's
jurisdiction that sell dogs and cats.
3
This legislation would, however, require a future retail pet
store that would seek to sell dogs and cats in the County to obtain those animals from an animal
care facility or a non-profit rescue organization.
This packet contains:
Bill 50-14
Legislative Request Report
Powerpoint presentation to Public Safety Committee
Pet Industry Joint Advisory Council response
Fiscal and Economic Impact statement
USDA fact sheet on Animal Welfare Act
USDA OIG report excerpts
State law
Select testimony and correspondence
County Executive
America's Pet Registry, Inc.
Best Friends Animal Society
Humane Society of the United States
Just Puppies (and supplement)
Montgomery County Humane Society
Pet Industry Joint Advisory Council (and supplement)
Lindsay Anderson (and supplement)
DavidBeye
Veronica Bred
Geneva Brooks
Susan Carlson
Billie Castro
Ruth Hanessian
Kathryn Kenney McGriff
Johanie Parra
Raul
Sue-Anne Slonin
F:\LAW\BILLS\1450 Animal Control-Retail Pet Stores\Action Memo.Docx
Circle#
1
5
6
34
38
43
45
58
63
64
66
71
73
77
78
83
88
89
91
92
97
99
101
104
105
106
The USDA fact sheet on the Animal Welfare Act urge regulated breeders to exceed these standards {©43).
There is 1 store within the County that does sell dogs and cats, but that store
is
within the City of Rockville and the
County's animal control law does not apply within the City.
3
2
4
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Bill No.
50-14
Concerning: Animal Control - Retail Pet
Stores
Revised: 10/17/2014
Draft No. 2
October 28. 2014
Introduced:
Expires:
April 28. 2016
Enacted: - - - - - - - - -
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date:
~N~o=n=e
_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal and Councilmembers Navarro,
Branson, Riemer, Berliner, Eirich, Rice, Katz, Hucker, and Floreen
AN ACT
to:
(1)
(2)
prohibit certain retail pet stores from selling certain animals bred in certain breeding
facilities; and
generally amend County animal control law.
By adding
Montgomery County Code
Chapter 5, Animal Control
Article
V
Sections 5-405, 5-406, and 5-407
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
*
*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL NO. 50-14
1
2
Sec.
1.
Article V (Sections 5-405, 5-406, and 5-407) is added as follows:
Article V. Retail Sale of Dogs and Cats
5-405. Legislative Findings.
3
4
5
The County Council finds and declares that:
.(fil
A significant number of puppies and kittens sold at retail pet stores
throughout the United States come from large-scale, commercial
breeding facilities where the health and welfare of the animals are not
adequately provided for
("puppy mills" and "kitten mills,"
6
7
8
9
10
11
respectively). According to The Humane Society of the United States,
it is estimated that 10,000 puppy mills produce more than 2,400,000
puppies
~
year in the United States and that most dogs and cats sold in
retail pet stores come from puppy and kitten mills.
12
13
14
.(hl
The documented abuses endemic to puppy and kitten mills include
over-breeding, inbreeding, minimal to non-existent veterinary care,
lack of adequate and nutritious food, water or shelter, lack of
socialization, lack of adequate space, and lack of adequate exercise.
15
16
17
18
.(fil
The inhumane conditions in puppy and kitten mill facilities lead to
health and behavioral issues in the animals bred in those facilities.
However, many consumers are unaware of these issues when
purchasing animals from retail pet stores because of
~
19
20
21
22
23
24
25
lack of
education on the issue and misleading tactics of retail pet stores in
some cases. These health and behavioral issues, which may not
present themselves until after the purchase of the animal, can impose
exorbitant financial and emotional costs on consumers.
@
Current Federal, State and County regulations do not properly address
the sale of puppy and kitten mill dogs and cats in Montgomery County
retail pet stores.
26
27
[i)
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BILL
No.
50-14
28
(fil
Restricting the retail sale of puppies and kittens to only those that are
sourced from shelters or rescue organizations is likely to decrease the
demand for puppies and kittens bred in puppy and kitten mills, and is
likely to increase demand for animals from animal shelters and rescue
organizations.
29
30
31
32
33
34
ill
Due in large part to pet overpopulation,
~
state task force recently
to
2.
million each year.
found that 45,000 dogs and cats are euthanized in Maryland animal
shelters annually, at an estimated cost
of~
35
36
37
Restricting the retail sale of puppies and kittens to only those that are
sourced from animal shelters and rescue organizations will likely
reduce pet overpopulation and thus the burden on such agencies and
financial costs on County taxpayers.
.(g}
38
39
40
41
42
43
44
Across the country, thousands of independent retail pet stores as well
as large chains operate profitably with
~
business model focused on
the sale of pet services and supplies and not on the sale of dogs and
cats. Many of these shops collaborate with local animal shelters and
rescue organizations to offer space and support for showcasing
adoptable homeless pets on their premises.
(hl
45
46
This law will not affect
g
consumer's ability to obtain
g
dog or cat of
47
48
49
his or her choice directly from
~
breed-specific rescue organization or
!!
shelter, or from
!!
hobby ·breeder where the consumer can see
directly the conditions in which the dogs or cats are bred, or can
confer directly with the hobby breeder concerning those conditions.
50
51
52
ill
The County Council believes
it
is in the best interests of the County to
adopt reasonable regulations to reduce costs to the County and its
residents, protect the citizens of the County who may purchase cats or
dogs from
~
53
54
retail pet store or other business establishment, help
(j)
F:\LAW\BILLS\1450 Animal Control-Retail Pet Stores\Bill 2.Doc
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SILL
No. 50-14
55
56
57
58
59
60
61
prevent
inhumane
breeding
conditions,
~
promote
community
awareness of animal welfare, and foster
in the County.
5-406. Definitions.
more humane environment
In this Article, the following words have the meanings indicated:
Animal care
facility
means an animal shelter maintained
Qy,_
or under
contract with, any state, county, or municipality, and whose mission and
practice
~
in whole or significant part, the rescue and placement of animals
in permanent homes.
62
63
64
Cat
means any individual of the species of the domestic cat, felis catus.
Dog
means any individual of the species of the domestic dog, canis lupus
familiaris, or any resultant hybrid.
65
66
67
68
69
70
Non-profit rescue organization
means
~
non-profit organization that has tax
exempt status under Section 50l(c)(3) of the Internal Revenue Code, and
whose mission and practice
~
in
whole or in significant part, the rescue and
placement of animals in permanent homes.
71
72
Offer for sale
means to display, sell, deliver, offer for sale or adoption,
advertise for the sale
Qf,_
barter, auction, give away, or otherwise dispose
dog or cat.
of~
73
74
75
76
77
78
79
Retail pet store
means g store that is required to comply with Title 19,
Subtitle
1
of the Business Regulation Article of the Maryland Code.
5-407. Retail Sale of Do2s and Cats.
A retail pet store must not offer for sale any dog or cat unless the retail pet
store obtained that dog or cat from:
ill)
.(hl
an animal care facility; or
g non-profit rescue organization.
80
81
0
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LEGISLATIVE REQUEST REPORT
Bill 50-14
Animal Control
-
Retail Pet Stores
DESCRIPTION:
Bill 5-14 would prohibit certain retail pet stores from selling certain
animals bred in certain breeding facilities. Specifically, it would
require any pet store that operates
in
the County's jurisdiction to sell
any dog or cat unless the animal was obtained from an animal care
facility or a non-profit rescue organization.
A significant number of puppies and kittens sold at retail pet stores
throughout the United States come from large-scale, commercial
breeding facilities where the health and welfare of the animals are not
adequately provided for.
Restricting the retail sale of puppies and kittens to only those that are
sourced from shelters or rescue organizations is likely to decrease the
demand for puppies and kittens bred in puppy and kitten mills, and is
likely to increase demand for animals from animal shelters and
rescue organizations.
Department of Police
To be requested.
To be requested.
To be requested.
Several jurisdictions across the country have enacted similar laws.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
A violation of this Chapter 5 is a Class B violation.
f:\law\bills\1450 animal control-retail pet stores\lrr.doc
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Montgomery County Council Committee on Public Safety
October 16 , 2014
Melanie Kahn, Senior Director, Puppy Mills Campaign
The Humane Society of the United States
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NY Pet Stores Supplied by Puppy
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Tom Etucke
HUMANE SOCIETY:
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To Market, To Market, To
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An HSUS Investigation reveals the underbelly
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COrni"I
In
t«Ond,
ltonSaS
ho.
l l
prolllem
dealen
on
thollsl,1-.rb\'
N.W.Kta(lZ),
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dCll"
•~lap
Aun ICHnl!t
~
MllndY. NC.
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wilh
~II'
t.a11Uh lu.um.
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r1~ p01i1¥~1.
.:u
well•~
IKDrllMr'y
inleclJUm. from dro'Al•g.
hi.'
.bwc-1'
body~
It•
c~1ir1e.
With 1h9 .H\bl..Ct'ol ltw HSU.\.
,,_""10llln
renlO'W'e'd
JI
rwgtedtd
dotJi.
lram
Roy.JI
Al:nn
ifl
f.bruarr 201l, includlrrs
an~
Rk.ky
lofrby,
Yrhu I•
ncrw
In ll JGOd
tlon'IC.
DUI
aJthorltlm.
dKIMd lo
tkn.c
~Iha
PUPO'(
mil
t0mp1'll•lf,.and II
tonllnun
la
it'll
~pinrinol:.fJhl
llSUS2Dll
lowa(6~
puppy
mil~
across lhe UnllRd
State.s, and ma"'f
of
thl?m
on•
lopl.
Aithough
most of
tho
dogs
at
thne mHs.·br••dlfi1
fi:c~ltlas
h•w na rul q"ualily
ol lfo,
livlnc
contlnu.dy in
sma
II
wire e111es with Hui.- or
no penon11l ettentlon
1
exercbe or veterinilf'y e11r•,
there ilre
wry
few
laws to
protect them as lon1
as.
they
are beln& provided wllh
food,
w~er,
and !helter.
failly-ll)'Ant,Trayer
In
Fredoricksbutg.
DMa,ln
2011 ""'" ... .,,.._ ..,,......,_,..
gn ........ ,,...,_,,
far
thie
dof.
Addidanal
arablmn.
M"l"ie
hiunda11 the
s:lll'll!'
f.cllty
~
2014.
/USOA
~11.
USDA_,.,.........,.,..... Y.W.-., ... -
.. •
'hi'
Most
of
tho
flldltlts
In
thk
roport
how
boon
dtod
II\'
lod•ol
or , . .o
lnspoclarl
few
1r..,. or
1opoOIH ..im.r
uro
vlolallons,
lndudlnc:
A blffder In Mruowl
"'1oadmltted
I<>
lea.Ire•
1ravfly
lr+Keda!d
no""'1 UJYespDMlve
Pomemllln
n1med
"Wooft<'
llnprirf
lor
thM
d.lys without
toidnt
him
lo• ..1
IJoNnno
Stoeh!):
Four breedets
who
lsted
IUMhol ••a
method ol outhan...11
on
their
offklal vete!lnary
ploM
!Bark«
In
AR;
M.lmm1's Minis
In
CD;
1lea
one!
-.ms
In
NE);
Abreeder
In
llllnals
who
had tlve
be>cle•
euthilOllOd rMher than
pravidlntl
them ¥11th wanner
sheller
as
dlrwcted
11¥
his
lnspectOr
IMefton
Chrlsliln,.nl:
Abreedor
In
Mwourl
whow..
loomd
with a
dead,
lour.....t-old llhlh uu
puppy
lro"'n soldln
!he
~portion
al on
enclosure
when
...,night
iamporalllres
had
11ttndybeonu
.g
~Dakel:
·But hundred1 of puppy mills an't-ar won't-meet even Iha mml bask: minimum standard.! requi.J'.td
by
law.
Some faclNlleJ haw baen died
reputed~
by
federal or
~tat•
d1p1rtments
of
...,itultur• for lnjurrd and sick
dogs who hMf not been tr••ted
bv
a \rel.
knpln1
dap in filLhy conditian1. subjeclint arimals
to
thl!
freeJ:lnJ
cald or sUfln1 he1t without ;idwqwle protKtion, performing lnr.nive wrgerles on their awn anlm;ils without a
veterinary ltr.en:1e. and crven In some
cases
shooUn& their unw1n[lfd dop.
Th:s ta port k a list
of
some
of
the
n1tiOl'\'i
dog brHdil\I
hnnels l.Nl
•rt-
of
high
concern 10 Th• HSUS due
to
repeated probh!ms \Ylth animat health or
animal
air•. It
hi
not a
Ost
of
an
puppy
mllls.,
nor a
llst
of
all
prabl•nmtic f•dMdes.
Tbt:.Hst
does
not
includR other prablematk
puppy
mJll dealers., such as b'okers and pet
storu.
unlen
the
01,.nlan a'e
.alJo
brndtnt
docs.
low••
rt.a••••
.
Breedon who lllt
their
dop
txpOied
to hHt
in<lell..
as
hich
11 109 decre"' or bltt!f
<Did
temperanues
as low u one degr.. Fahr<11helt (Hines
In
SD; P!lek
In
NE);
OTho
Humm•
!oiloty
of
tho
Un~o.:l
5t•tes.
114.y
201l
f
COICTEN1S
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v1ng
11
ECANNON
KENNELS ~
GANNON,
1
:.
EDWARD
USDA
License
#
43A421)6
8 reeds
Y
-irk s
11
ir
e
-:-
i:-
~Ti
er pup
pies in
fl.I
ovinger.
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ca
t
r,
''fecal and urine
accumulation in the
enclosure."
/l
to
pet ta_,,.-
in Rockville
"extreme insect and
rodent problem"
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v'
Hundreds of
do',.,,..'l.:iil'M
~~"'"',..
./ Stacked cages in overcrowded facilitie
./Cages with only 6" of space from dog's nose
./Painful wire floors
./Breeding on every heat cycle until
·"spent"
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USDA
---
U.S. Department of Agrlcultu19
Office of Inspector General
Animal and Plant Health Inspection Service
Animal Care Program
Inspections of Problematic Dealers
• APHIS'
New Penalty
Worksheet
Calculated
Minimal Penalties
• APHIS Misused Guidelines to Lower
Penalties for AWA Violators
Audit
Report
33002-4-SF
Moy:IG10
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The Puppy Industry in Missouri
A Study
of
the Buyers, Sellers, Breeders
and Enforcement of
the Laws
Executive Summary
-,ir
BBB.
...,,._TMt
SponSGred
by
888
Servlut
Easeern Missouri
&
Sou'Mrn
flllnoiJ • 15 Sunnen DrlwSUite
107•
St.
L.oUls,
HO 63143 • Phon.:
(31-1) 6-'5•3300
• www.sUouis.bbll.org
"
Breeders
and others
In Mlssourf,
with seeming impunity, will
continue
to
send
sick puppies to be purchased
by unwary customers."
&o&
of
Greacer
Kansas
City •
8080 wiro Plrtr.way Suill' 401 •
IUlnws City, MO 6A 114 • Phone:
(816)
01·7800 • wwwJcansaaclty.bbb.org
DOB
of
SMhwe.st Hiuourl
it.30 Soulh Glenstone A\fenut•
SPtin9'1tld, HO 65802 • Phorie: (•17) 162·4222 • www.southwHtmlnDurl.bbb.arv
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United Kennel Club Code of Ethics
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sh
n
Los Angeles, CA.
11/
switched
aye
to what I call the "humane
model''
animal adoption instead
of animal
sales... Most of
these shelters that I go pick up dogs from, they ace putting
down anywhere from 50
to 70
dogs
a day,
So this
is one
way
to stop that
from happening."
Rene Karapedian, owner
of Pe
;.... Amy Circionie owner of Feed
Bag Pet
Store
in
Cutchogue, NY:
''/have
found that there is no way for me to
sell
puppies from
my
retail
establishment that does not contribute to
the
suffering of both the
parent dogs and
the
puppies
bred
from them. Reputable breeders
with
high standards of care do
not
sell their puppies to ANY
pet
stores
for
,/,/
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Bernalillo County, NM Animal Shelter Survey
Data collected by Animal Protection of New Mexico
- -
-
~uuu1 Intake
20~1
Euthanasia 20
i1
8,317
Euthanasia
Percentage 2011
30,000
14,000
47%
35%
5,244
Combined
1,050
20%
551
10%
35,244
15,050
43%
8,868
31%
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~
<(
_J
.
0
0
<(
....
>
1
0
c
..,_,
~
~
0
~
.
en
·-
_J
a...
ro
0
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Impact of Resale on
·Puppy
Health
• Consumer demand for tiny puppies results in
premature separation from their mothers (5-
6 weeks vs. recommended weaning at 8-12
weeks). Puppies need to be with their
mother and littermates for normal
socialization.
• The puppies are then sold to brokers for
resale to pet stores all over the country.
• The puppies may be crammed into small
es
cag1 for long1distance travel and may not
receive adequate food, water or ventilation.
·
• They may be exposed to disease from a sick
puppy during transport. Some may die.
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Puppy Immune System
• Puppies receive protective maternal
antibodies from their mother's milk within 24
hours after birth.
• These antibodies wane anywhere between
6-16 week of age.
• As maternal Abs wane, puppies need to be
vaccinated multiple times to actively
stimulate their own system against disease.
• If they do not receive a full series of
vaccinations, they may succumb to disease.
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Impact of Resale on
Puppy Health
• Early separation, exposure to potentially
hazardous shipping conditions and the
stress of transport weaken their immune
systems making them more susceptible to
disease.
• Puppies maybe given antibiotics to cover
signs of infection and once in a new home
may manifest health problems.
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.
.
How Puppy Buyers are
Affected
• If the puppy becomes sick, the buyer will
have to incur potentially high veterinary
costs to treat the illness.
• Puppy buyers are rarely compensated by
consumer protection "lemon laws."
• Surviving pups may have lifelong medical or
behavioral issues.
• Other pets or people in the household may
become sick if the disease is contagious.
• This all has a heavy emotional toll on the
puppy owners.
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PET INDUSTRY JOINT
ADVISORY COUNCIL
1146 191h Street, N.W., Suite 350
Washington, DC 20036
Tel: 202-452-1525
Fax:202-452-1516
CHAIRMAN
KenOh
WF Young, Inc., East Longmeadow, MA
FIRST VICE-CHAIRMAN
Jeff Sutherland
Animal Supply Company, Federal Way, WA
SECOND VICE-CHAIRMAN
Greg Cyr
Central Garden and Pet, Walnut Creek, CA
SECRETARY/TREASURER
Andy Ponte
United Pet Group, Cincinnati, OH
DIRECTORS
Ryan Boyle
The Hunte Corporation. Goodman, MO
Tom Edling
Petco Animal Supplies. San Diego, CA
Bruce Flantzer
MiracleCorp Inc., Dayton, OH
Chris Fleming
Pinnacle Pet, Neosho, MO
February 2, 2015
Public Safety Committee
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Dear Chairman Elrich and Members of the Committee:
We at the Pet Industry Joint Advisory Council (PIJAC) take issue with The
Humane Society of the United States' (HSUS) inaccurate representation of pet
stores and the pet industry at-large which form the basis for the legislation being
discussed this evening. It is our continuing concern that this bill was largely
conceived and introduced on the basis of misleading information about
professional breeders, much of which is included in the PowerPoint presentation
originally delivered by representatives of the HSUS on Thursday, October l6t11.
We are disappointed that we have not been provided with a similar opportunity
to address you and make the case for alternative forms of legislation that could
accomplish the goal of sending an unmistakable message
to
irresponsible,
substandard breeders
without
imposing a blanket sales prohibition on
prospective future pet stores. Like the HSUS, we see legislation on this and
other animal well-being issues across the country and we are therefore capable
of providing insights on the merits and drawbacks of various legislative
approaches, ranging from full-scale bans like the one before you now
to
collaborative, responsible approaches to source transparency.
We were surprised to see Montgomery County consider such a stark, all-or-
nothing "solution," as there have been numerous jurisdictions that have passed
ordinances over the past few years. In that time, we have seen an evolution
away from full bans, even in jurisdictions like yours that have the luxury of
considering something that will not directly affect any current local businesses.
It
is our hope that this analysis of the HSUS PowerPoint presentation from
Heather Govea
Natural Balance Pet Foods, Burbank, CA
Rolf Hagen
Rolf C. Hagen Inc., Baie D'urfe, Quebec
John Mack, Reptiles By Mack
Xenia, OH
Michael Peterson
The Pet Group, Carlsbad, CA
Laura "Peach" Reid
Fish Mart Inc., West Haven, CT
Jim Seidewand
Pet World, Inc., Rochester, NY
Joe Watson
Pelland Inc.. Chillicothe, OH
Marcie Whichard
Petco Animal Supplies Inc., 5an Diego, CA
ASSOCIATION REPRESENTATIVES
Jim
Boschee
rJVPA)
Calabasas, CA
Kevin Fick (APPA)
Wor1dwise, 5an Rafael, CA
Steve King (PIDA)
Pet Industry Distributors Assoc., Abingdon, MD
Sandra Moore (FTFFA)
Segrest Farms, Gibsonton, FL
PAST CHAIRMEN
James Heim
Walnut Creek, CA
Frank Koch
Pacoima, CA
Allan Levey
New York City, NY
Alexandre Perrinelle
Los Angeles, CA
October 16th will help convince you that this issue warrants closer consideration
of possible alternatives to an across-the-board ban instead of docile acceptance
of what has been presented to you as settled fact. We hope to have the
opportunity to discuss these issues with you further, with the aim of crafting a
bill that will truly make Montgomery County a leader within the country when it
comes to responsible pet ownership. Thank you for your time.
Sincerely,
Mike Bober
Executive Vice President
Pet Industry Joint Advisory Council
Elywn Segrest
Gibsonton, FL
PRESIDENT/CEO
EdWin Sayres
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Analysis of HSUS PowerPoint
"Puppy Mills and Pet Store Sales"
(October 16, 2014)
• Beginning with the image on the title page of the slide deck and
continuing throughout, HSUS uses images of dogs and facilities
without any citations regarding where and when these images
were taken. Are these current images from USDA-licensed,
professional breeders? Do these breeders sell to pet stores? Or
are they meant to be hand-selected "representative" images?
HSUS repeatedly blurs the line between responsible, USDA-
licensed and inspected breeders, small-scale, exempt breeders,
and those who flout licensing requirements. They conflate these
groups to arrive at a figure of 10,000 or more "puppy mills" across
the country, selling more than 2 million dogs annually.
• Separately, HSUS has stated that pet stores across the country sell
"between 300,000 and 500,000 dogs" annually - or
less than
%
of
the dogs they attribute to "puppy mill" breeding.
• As support for their assertion that "Pet stores sell puppy mill
dogs," they provide four screen shots, three of which are articles
reporting on HSUS's own conclusions rather than independent
sources.
• They then go on to show the cover pages of their two most recent
collections of "problem puppy mills" to bolster their claim that pet
stores sell dogs from puppy mills. However, a review of their
most recent lists shows that 40 of the breeders listed are not, in
fact, USDA-licensed. As such, pet stores would be unable to
legally sell dogs from these breeders. An additional 16 breeders
from this list have not been cited for a single direct violation by
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the USDA in the past three years (the period for which reports are
available via their on line database).
• The next three slides show breeders whom the HSUS cites as
having supplied puppies to Just Puppies of Rockville. A search of
the USDA's inspection database shows that two of the three
breeders have stellar reputations with minimal citations for non-
compliance:
o Edward Cannon had no non-compliant items in his most
recent inspection (3/19/14) and that he had addressed the
two indirect non-compliant items cited in his previous
inspection (2/12/13) and he had no violations in the
inspection prior to that (7/19/12).
o Tina Carr had one non-compliant item in each of her last two
inspections (4/3/14 and 1/10/13) and no non-compliant
items on her inspection prior to that (1/24/12).
• The standards of care prescribed by the Animal Welfare Act and ·
overseen by the USDA are - by definition - minimum standards of
care. Many states have licensing requirements that exceed these
standards and most breeders exceed them as a matter of practice.
HSUS would be hard-pressed to find responsible, professional
breeders whose facilities and practices meet the federal
guidelines exactly.
• HSUS is citing a report by the Office of the Inspector General that
dates back to May of 2010. In the four and a half years since this
report was issued, the USDA has implemented the OIG's
recommended changes across multiple issue areas, resulting in
increased enforcement, tighter restrictions on exemptions and
generally improved conditions across all licensed breeders.
• Their review of state-level enforcement is drawn from a report on
Missouri breeding that was conducted by the Better Business
Bureau in March of 2010 - it's even older and more outdated than
@
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the OIG's report and it predates a significant tightening of state
regulation of professional breeders in Missouri; it is obsolete.
• The "responsible breeders don't sell to pet stores" canard is a
statement of opinion, not fact. The breed-specific clubs cited as
prohibiting their members from selling into the retail channel
simply are not - and should not be - the only source of dogs in the
country.
• Many stores that do not sell dogs and cats are successful, though
it is an apples-to-oranges comparison to point to Big Box chains
that enjoy economies of scale and preferential pricing
arrangements with suppliers and to suggest that a small, local pet
store can simply "do that instead." Among the examples of
"humane model" stores cited by HSUS, one of them has never
sold dogs and cats and another now sells "Humane Pet Store
Business Solutions."
• Statistics on pet overpopulation from New Mexico are irrelevant
to Montgomery County- unless Montgomery County is
contemplating transporting dogs from out-of-state shelters and
rescues into the county for adoption. As stated in our testimony
at the public hearing, Montgomery County is fortunate enough to
have VERY low rates of both shelter intake AND non-owner-
requested euthanasia.
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ROCKVILLE, MARYI.A"'JD
MEMORANDUM
December 2, 2014
TO:
George Leventhal, President, County Council
Jennifer
A.
Offic
Joseph
F. Beach,
~ctor,
Departrn
FEIS
for
Council Bill 50-14, AnimaJ Control-Retail Pet Stores
FROM:
SUBJECT:
Hughe~tor,
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative
Officer
Lisa
Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
David Platt, Department of Finance
Chief Thomas Manger, Montgomery County Police Department
Paul Hibler, Montgomery County Police Department
Bruce Meier, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
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Fiscal Impad Statement
Council Bill 50-14 - Animal Control - Retail
Pet
Stores
1.
Legislation Summary
Bill 50- I4 would prohibit the sale of dogs and cats in retail pet stores unless they were
obtained from an animal care facility or a non-profit rescue organization.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of i11formation, assumptions, and methodologies used.
No impact on revenues or expenditures. Pet shops are currently inspected and licensed
annually, including some
randon.1
inspections. None of the nine
pet
shops in the County
currently sell dogs or cats.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
No impact on revenues or expenditures.
4. An actuarial analysis through the
entire amortization
period
for legislation that
:would
affect retiree pension or group insurance costs.
Not Applicable
·
·
·
5. Later
actions
that may affect future revenue and expenditures
if
the legislation authorizes
future spending.
Not
Applicable.
6. An estimate of
the staff time needed to implement the legislation.
A
few
minutes per store during current inspections
if
any stores begin selling dogs and/or
cats.
7. An explanation of how the addition of new staff responsibilities would affect
otl1er
duties.
None.
8. An estimate of costs when an additional appropriation is needed.
Not
Applicable
9. A description of
any
variable that could
affect
revenue and cost estimates.
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Not Applicable
10. Ranges
of
revenue
or
expenditures that are uncertain or difficult to
project
Not Applicable
11.
If
legislation
is likely
to
have no fiscal
impact,
why
that
is the case.
'The legislation
'1¥ill
have almost no impact on current operations
beyond
the
addition of
a
few
minutes
to the
current inspecti.ons if
any
stores
begin
selling
dogs andior
cats.
12. Other
fiscal
impacts or comments.
None
13. The fol1owing contributed to and concurred with this analysis.
Paul Hibler, Deputy Director, Montgomery County Police Department Animal Services
Division
Bruce Meier, OMB
J::rll·H!.~
O~
.
t> t2:/_'!:M:____
Date
of
Management and Budget
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Economic Impact Statement
Bill 50-14, Animal Control- Retail Pet Stores
Background:
Bill 50-14 would prohibit any pet store that operates
in
the County's jurisdiction
to
sell
any dog or cat unless that animal was obtained from an animal care facility or a non-
profit rescue organi.7.ation.
The
legislation states
that
"according to
'The
Humane Society
of
the
United States,
it
is
estimated
that
10,000 puppy mills produce more
than
2,400,000 puppies per year and that
most dogs and cats sold in retai I pet stores come from puppy and kitten mills." Bill 50-14
also states that "a state
task
force recently found
that
45~000
dogs and cats are euthanized
in
Maryland animal shelters annually at an estimated cost of $8
to
$9 million each year."
The legislation also states that the law
"will
not affect a consumer's ability to obtain a
dog or cat
of
his or her choice directly from a breed·specific rescue organization or a
shelter, or from a hobby breeder.''
According
to
The Humane Society report dated October 14, 2013, nine out of 12 pet
stores in
Maryland
that sell puppies were not complying -with the Maryland law (Md.
Code, Bus. Reg.
§§
19-70 l to 707)
to
protect dogs and consumers.
1. The sources of information, assumptions, and methodologies used.
Source of information on the number of "puppy mills" operating in the County and
the nwnber of pet stores is from the Animal Services Division, Montgomery County
Police Department (MCPD).
2. A
description of any variable that could affect the economic impact estimates.
The variables that could affect the economic impact estimates are the number of
puppy mills operating in the County, the number of pet stores in the County that
obtain animals from such facilities, and the cost differential over the
life
of the pet
between when one is purchased from a puppy mill and when purchased from an
animal rescue organization. Since MCPD reports that there are no
puppy
mills
operating under Montgomery County Government's jurisdiction and no pet stores that
sell puppies from a puppy mill, this legislation
has
no economic
impact.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in the
County.
Bill 50-14
has no economic impact.
4.
If
a Bill
is
likely to haye no economic impact, why is that the case?
See paragraph
#
3.
Page 1 of2
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Economic Impact Statement
Bill 50-14, Animal Control- Retail Pet Stores
5.
The following contributed to or concurred with this analysis: David Platt and Rob
Hagedoom, Finance; and Paul Hibler, Police Department
i:BeaCh;
Director
Department
of Finance
Date
Page 2of2
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USDA~
~
Animal Care
www.aphis.usda.gov/animal_welfare/
-
-.
United States
Department
of
Alrlcutcure
Animal and Pilot
Health Inspection
Service
The Animal Welfare Act
For nearly 50 years, the U.S. Department of Agriculture (USDA) has enforced the Animal Welfare
Act (A WA)
to
protect certain animals from inhumane treatment and neglect. Congress passed the
AW.A in 1966 and strengthened the law through amendments in 1970, 1976, 1985, 1990, 2002, 2007,
and 2008. The USDA's Animal and Plant Health Inspection Service (APHIS) administers the AWA,
its standards, and its regulations.
The Law
The AWA requires that basic standards of care and treatment be provided for certain animals bred and sold for use
as pets, used in biomedical research, transported commercially, or exhibited to the public. Individuals who operate
facilities in these categories must provide their animals with adequate care and treatment in the areas of housing,
handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures.
Although Federal requirements establish basic standards, regulated businesses are encouraged to exceed these
standards.
Exemptions
The AWA regulates the care and treatment of warmblooded animals, except those (such as farm animals) that are
used
for food, fiber, or other agricultural purposes. Currently, coldblooded animals, such as snakes and alligators,
are exempt from coverage under the Act. Animal shelters and pounds are regulated if they sell dogs or cats to dealers
or research facilities. Pets owned by private citizens are not regulated.
Pet Protection
To help prevent trade in lost or stolen animals, regulated businesses are required to keep accurate records of
acquisition and disposition and a description of the animals that come into their possession. Animal dealers and
exhibitors also must hold the animals chat they acquire from a pound or shelter for a period of 5 to I 0 days to verify
their origin and allow pet owners an opportunity to locate a missing pet.
Animal Fighting
The AWA prohibits staged dogfights, bear or raccoon baiting, cockfighting, and similar animal fighting ventures.
Licensing and Registration
The AWA requires that all individuals or businesses dealing with animals covered under the law must be licensed or
registered with APHIS.
Research Facilities
Regulated research facilities include hospitals, colleges and universities, diagnostic laboratories, and many private
firms in the pharmaceutical and biotechnology industries. In addition to providing basic standards of veterinary care
and animal husbandry, regulated research facilities must provide dogs with the opporrunity for exercise and promote
the psychological well-being of nonhuman primates used in laboratories. Researchers must use methods to avoid or
minimize discomfort, distress, and pain to the regulated animals unless withholding such methods is scientifically
justified. The AWA also forbids the unnecessary duplication of previous experiments using regulated animals.
Research facilities must establish an Institutional Animal Care and Use Committee to oversee the use of animals in
experiments. This committee is responsible for ensuring i:hat the facility remains in compliance widi the AWA and
for providing documentation of
all
areas of compliance to APHIS. The committee must be composed of at least
three members, including one veterinarian and one person who is not affiliated with the facility in any way.
The A\Y/A does not permit APHIS to interrupt the conduct of actual research or experimentation.
[continued, reverse side]
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USDA
Animal Care
www.aphis.usda.gov/animal_welfare/
'"-"'
UniWIS"'w
Department
of
Agriculture
Animal and
Plant
Hukh Inspection
Service
AWA Enforcement
APHIS ensures that all regulated commercial animal breeders, dealers, brokers, transportation companies, exhibitors,
and research facilities are licensed or registered. APHIS also searches for unlicensed or unregistered facilities.
Before APHJS
will
issue a license, the applicant must be in compliance with all standards and regulations under
the AWA. To ensure that all licensed and registered facilities continue to comply 'l'ith the
Act,
APHIS inspectors
regularly
make
unannounced inspections.
If
an
inspection reveals deficiencies in meeting the AWA standards and regulations, the inspector documents the
deficiencies and instruets the
fucility
to correct the problems within a given timeframe.
If
deficiencies remain
uncorrected at subsequent inspections, APHIS considers legal action.
APHIS also reviews and investigates alleged violations. Some cases are resolved with Official Notices of Warning or
agency stipulation letters, which set civil penalties for the infractions. Civil penalties include cease-and-desist orders,
fines, and license suspensions or revocations.
If
APHIS officials determine that an alleged AWA violation warrants
additional action, APHIS submits
all
evidence
tO
USDA'.s Office of the General Counsel for further
legal
review.
Cooperation
In
addition to conducting regular inspections, APHIS will perform inspections in response to public input about the
conditions of regulated
facilities.
Concerned individuals
are
also encouraged
t0
inform APHIS about facilities that
should be licensed or registered.
Many State and local governments have passed additional animal welfare legislation. The public
is
encouraged
to work with Federal, State, and local officials
as
well
as
local humane organizations to help eliminate inhumane
treatment of animals.
Additional Information
For more information about the Animal Welfare
Act,
contact:
Animal Care, APHIS-USDA
4700 River Road, Unit 84
Riverdale, MD 20737-1234
Telephone: (301) 851-3751
Fax: (301) 734-4978
Email: ace@usda.gov
Web page: www.aphis.usda.gov/animal_welfarc
N°""mber2012
The
U.S.
Depan:mont of
Agriculture
(USDA) prohibits dir<:rimination
in
al Its
p~
and activities on
the
basis
of
nrot.
color.
Ntionol
origin,
gender.
'
religion. • ·
disabiMty,
political
belitof>,
sexual
orienou:i<>tt, or marlto! or
lilmily
stu:us.
(Not
al prohibited
boses
apply
to
all
programs.)
l'llrtoN
with
dbabiliti"'
who require alternative means for communication
af
program infonnuion
(~'lit.
large
print.
audiotape.
etc.)
should c.ontact USOA's: TARGET Center
at
(201) 72'>-1600
(voice an<I
TDD). To
file •
complaint
of
discrimination. wrim USDA. Oin!C!Dr, Office of CMI Righa. Room 326-W, Whitten
!lulldins.
1400 .
lndependen<e
Avenue,
S.W
.. Washington. D.C.
2025()-9410
or
call
(202) 720-5964
(voice
and
TDD). USDA
1$
an
equal
oppol'tl.lnlty
pro•ider
and
employv. ·
....
~.
'\
.
I.
_
·•·,.
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USDA
iiim
U.S. Department of Agriculture
Office of Inspector General
Animal and Plant Health Inspection Service
Animal Care Program
Inspections of Problematic Dealers
Audit Report 33002-4-SF
May 2010
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iiilm
DATE:
REPLY TO
A TIN OF:
TO:
May 14, 2010
USDA
U.S. Department of Agriculture
Office of Inspector General
Washington, D.C. 20250
33002-4-SF
Cindy J. Smith
Administrator
Animal and Plant Health Inspection Service
Joanne Munno
Acting Deputy Administrator
Marketing and Regulatory Programs Business Services
Gil
H.
Harden
Isl
Assistant Inspector General
for Audit
APHIS Animal Care Program-Inspections of Problematic Dealers
A TIN:
FROM:
SUBJECT:
This report presents the results of the subject review. Your written response to the official
draft report is included at the end of the report. Excerpts from the response and the Office of
Inspector General's (OIG) position are incorporated into the relevant sections of the report.
Based on the information in your written response, we have accepted your management
decision on Recommendations 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13 and 14. Please follow your
internal agency procedures in forwarding final action correspondence to the Office of the
Chief Financial Officer.
Based on your written response, management decision has not been reached on
Recommendations 4 and 11. The information needed to reach management decision on these
recommendations is set forth in the OIG Position section after each recommendation. In
accordance with Departmental Regulation 1720-1, please furnish a reply within 60 days
providing the information requested in the OIG Position section. Please note that the
regulation requires a management decision to be reached on all findings and
recommendations within a maximum of 6 months from report issuance, and final action to be
taken within 1 year of each management decision.
We appreciate the courtesies and cooperation extended to us by members of your staff during
the review.
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Table of Contents
Executive Summary ...............................................•................................... 1
Background
&
Objectives ......................................................................... 4
Background .............................................................................................
4
Objectives ................................................................................................7
Section
1 :
Enforcement ............................................................................
8
Finding
1:
AC's Enforcement Process Was Ineffective Against
Problematic Dealers ......................•........................................................ 8
Recommendation 1......................................................................... 14
Recommendation 2 ......................................................................... 15
Recommendation 3 .......•................................................................. 15
Recommendation 4 ......................................................................... 16
Recommendation 5 ......................................................................... 16
Finding 2: AC Inspectors Did Not Cite or Document Violations
Properly To Support Enforcement Actions ........................................ 17
Recommendation 6 ...............................................................•......... 23
Recommendation 7 ......................................................................... 24
Section 2: Stipulations ........................................................................... 25
Finding 3: APHIS' New Penalty Worksheet Calculated Minimal
Penalties ................................................................................................ 25
Recommendation 8 ..................•...................................................... 30
Recommendation 9 ......................................................................... 30
Finding 4: APHIS Misused Guidelines to Lower Penalties for AWA
Violators .........................................................................................•....... 30
Recommendation 10 ....................................................................... 34
Recommendation 11 ....................................................................... 35
Section 3: Internet ................................................................................... 36
Finding 5: Some Large Breeders Circumvented AWA by Selling
Animals Over the Internet ......................•............................................. 36
Recommendation 12 ....................................................................... 38
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Section 4: Information System .............................................................. 39
Finding 6: Security Controls Need to Be Addressed for AC's New
Information System .............................................................................. 39
Recommendation 13
.......................................................................
40
Section 5: Debt Management ................................................................. 41
Finding 7: IES Did Not Adequately Establish Payment Plans for
Stipulations ........................................................................................... 41
Recommendation 14 ....................................................................... 42
Scope and Methodology .......................................................................... 43
Abbreviations
...........................................................................................
46
Exhibit A: Summary of Monetary Results .............................................. 47
Exhibit B: Audit Sites Visited .................................................................. 48
Exhibit C: Violations Gited at Dealer Facilities in FYs 2006-2008 ........ 51
Exhibit D: Additional Photos Taken During Site Reviews .................... 52
Agency's Response ................................................................................. 55
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Animal Care Program
-
Inspections of Problematic Dealers
Executive Summary
In the last 2 years, there has been significant media coverage concerning large-scale dog dealers
(i.e., breeders and brokers)
1
that failed to provide humane treatment for the animals under their
care. The breeders, negatively referred to as "puppy mills," have stirred the interest of the
public, Congress, animal rights groups, and others. Accordingly, we conducted an audit of the
Animal and Plant Health Inspection Service's (APHIS) Animal Care (AC) unit, which is
responsible for enforcing the Animal Welfare Act (AWA). The audit focused on AC's
inspections of problematic dealers. It is the latest in a series of audits related to AWA.
2
In our last audit on animals in research facilities,
3
we found that the agency was not aggressively
pursuing enforcement actions against violators of AWA and that it assessed minimal monetary
penalties against them.
4
APHIS agreed to take corrective action by incorporating more specific
guidance in its operating manual to address deficiencies in enforcement actions. It also agreed to
revise its penalty worksheet to generate higher and more appropriate penalties.
In this audit, one objective was to review AC's enforcement process against dealers that violated
A WA. Accordingly, we focused on dealers with a history of violations in the past 3 years.
5
Another objective was to review the impact of recent changes the agency made to the penalty
assessment process. We identified the following major deficiencies with APHIS' administration
of AWA:
AC's Enforcement Process Was Ineffective Against Problematic Dealers.
AC's
enforcement process was ineffective in achieving dealer compliance with AWA and
regulations, which are intended to ensure the humane care and treatment of animals. The
agency believed that compliance achieved through education
6
and cooperation would
result in long-term dealer compliance and, accordingly, it chose to take little or no
enforcement action against most violators.
However, the agency's education efforts have not always been successful in deterring
problematic dealers from violating AWA. During FY s 2006-2008, at the re-inspection of
4,250 violators, inspectors found that 2, 416 repeatedly violated AWA, including some
that ignored minimum care standards. Therefore, relying heavily on education for serious
or repeat violators-without an appropriate level of enforcement-weakened the
agency's ability to protect the animals.
AC Inspectors Did Not Cite or Document Violations Properly To Support Enforcement
Actions.
Many inspectors were highly committed, conducting timely and thorough
Breeders are those that breed and raise animals on the premises; brokers negotiate or arrange for the purchase, sale, or transport of animals in
commerce.
2
Refer
to
the
Background section for more information on related prior audits.
3
Audit No. 33002·3-SF, "APHIS Animal Care Program Inspection and Enforcement Activities" (September 2005).
4
AWA refers
to
monetary penalties as civil penalties.
5
APHIS synonymously
used
the terms violations, alleged violations, and noncompliant items in its documents. For simplicity,
we
used
the term
violations in this report.
6
Education was generally provided through the inspectors' interaction with dealers during routine inspections as well as periodic seminars.
1
Audit Report 33002-4-SF
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inspections and making significant efforts to improve the humane treatment of covered
animals. However, we noted that 6 of 19 inspectors
7
did not correctly report all repeat or
direct violations (those that are generally more serious and affect the animals' health).
Consequently, some problematic dealers were inspected less frequently.
In addition, some inspectors did not always adequately describe violations in their
inspection reports or support violations with photos. Between 2000 and 2009, this lack of
documentary evidence weakened AC's case in 7 of the 16 administrative hearings
involving dealers.
8
In discussing these problems with regional management, they
explained that some inspectors appeared to need additional training in identifying
violations and collecting evidence.
APHIS' New Penalty Worksheet Calculated Minimal Penalties.
Although APHIS
previously agreed to revise its penalty worksheet to produce "significantly higher"
penalties for violators of AWA, the agency continued to assess minimal penalties that did
not deter violators. This occurred because the new worksheet allowed reductions up to
145 percent of the maximum penalty. While we are notadvocating that APHIS assess
the maximum penalty, we found that at a time when Congress tripled the authorized
maximum penalty to "strengthen fines for violations," the actual penalties were
20 percent less using the new worksheet as compared to the worksheet APHIS previously
used.
APHIS Misused Guidelines to Lower Penalties (or AWA Violators.
In completing penalty
worksheets, APHIS misused its guidelines in 32 of the 94 cases we reviewed to lower the
penalties for AWA violators. Specifically, it (I) inconsistently counted violations;
(2) applied "good faith" reductions without merit; (3) allowed a "no history of violations"
reduction when the violators had a prior history; and (4) arbitrarily changed the gravity of
some violations and the business size. AC told us that it assessed lower penalties as an
incentive to encourage violators to pay a stipulated amount rather than exercise their right
to a hearing.
Some Large Breeders Circumvented AWA by Selling Animals Over the Internet.
Large
breeders that sell AWA-covered animals over the Internet are exempt from AC's
inspection and licensing requirements due to a loophole in AWA. As a result, an
increasing number of these unlicensed breeders are not monitored for their animals'
overall health and humane treatment.
Recommendation Summary
To ensure dealer compliance with AWA, AC should modify its
Dealer Inspection Guide
(Guide) to require enforcement action for direct and serious violations. We also recommend
that "no action" be deleted as an enforcement action in the Guide.
7
8
In
2008, AC employed 99 inspectors. We accompanied 19 on their inspections of dealer facilities.
During this period, administrative law judges or the Department's Judicial Officer rendered decisions in 16 cases involving dealers. We
reviewedall 16.
Audit Report 33002-4-SF
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To increase the effectiveness of inspections, AC should provide more comprehensive training
and detailed guidance to its inspectors and supervisors on direct and repeat violations,
enforcement procedures, and evidentiary requirements (e.g., adequately describing
violations).
To calculate more reasonable penalties, APHIS should limit total reductions on its penalty
worksheet to less than 100 percent. We also recommend that the agency ensure its penalty
guidelines are consistently followed and that it include instructions to count each animal as a
separate violation in cases involving animal deaths and unlicensed wholesale activities.
To prevent large breeders from circumventing AWA requirements, APHIS should propose
that the Secretary seek legislative change to exclude these breeders from the definition of
"retail pet store,'' and require that all applicable breeders that sell through the Internet be
regulated under AWA.
Agency Response
In its written response, dated April 23, 2010, APHIS concurred with the reported findings
and recommendations. APHIS' response is included at the end of this report.
OIG Position
We accept APHIS' management decision on Recommendations l, 2, 3, 5, 6, 7, 8, 9, 10, 12,
13 and 14. The actions needed to reach management decision on Recommendations 4 and 11
are provided in the
010
Position section after these recommendations.
Audit Report 33002-4-SF
3
®
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United States
Department
of
Agriculture
MEMORANDUM
Animal and
Plant Health
Inspection
Service
Washington, DC
TO:
20250
Gil H. Harden
Assistant Inspector General
for Audit
Cindy
J.
Smith
IS/
Administrator
APHIS Response on OIG Report, "Animal and Plant
Health Inspection Service's - Animal Care Program
Inspections of Problematic Dealers" (33002-04-SF)
FROM:
SUBJECT:
The Animal and Plant Health Inspection Service (APHIS) appreciates the
opportunity to comment on this report. We appreciate the Office oflnspector
General's (OIG) interest in our programs. We have provided a response for
each Recommendation.
Recommendation 1: Modify the
Dealer Inspection Guide
to require an
enforcement action for direct and serious violations. Also, define a serious
violation in the Guide.
APIDS Response:
APHIS agrees with this Recommendation. We will provide
Animal Care (AC) employees with guidance regarding all enforcement action options
including direct and serious Non-Compliant Items (NCis) drawn from OIG
recommendations, Office of the General Counsel (OGC) guidance, and legal
decisions. APHIS will incorporate the requirements in a new document entitled
"Inspection Requirements." This document will be distributed to and discussed with
AC employees during the AC National Meeting, April 19-22, 20 l 0. APHIS will
update the
Dealer Inspection Guide
to include the information in the "Inspection
Requirements" document and consolidate it with the Research Facility Inspection and
the Exhibitor Inspection Guides into one comprehensive document. APHIS
anticipates completing the document consolidation by September 30, 20 l 0.
Recommendation 2: Remove "no action" as an enforcement action in the
Dealer
Inspection Guide.
APIDS Response:
APHIS agrees with this Recommendation. We changed the title
of the "Enforcement Action Worksheet" to "Enforcement Action Option Worksheet"
and changed the flow chart title to read "Enforcement Actions (EA) Guidance for
Inspection Reports." We modified these to clarify that:
(l)
inspectors will forward
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Gil H. Harden
2
to AC management a recommended EA (they believe will be most effective in
attaining compliance) for all repeats and directs and any facility with inspection
results that cause it to go from a lower frequency to High Inspection Frequency; and
(2) taking no immediate action requires Regional Director approval and a 90-day
reinspection to determine if compliance was achieved or ifEA is necessary. Copies
of the modified worksheet and flow chart are attached. AC will retain copies of all
EA sheets in the facility files in accordance with records retention guidelines. AC's
supervisors verbally directed their employees to utilize the modified EA worksheet
beginning on December 1, 2009. In addition, this will
be
reemphasized at the
National Meeting.
Recommendation 3: Incorporate instructions provided in the "Animal Care
Enforcement Actions Guidance for Inspection Reports" into the
Dealer
Inspection Guide
to ensure inspectors and their supervisors foJJow them in
selecting the appropriate enforcement.
APIDS Response: APHIS agrees with this Recommendation. We will provide AC
employees with guidance regarding all EA options to recommend to AC management
drawn from OIG recommendations, OGC guidance, and legal decisions. AC will
incorporate the requirements in a new document entitled "Inspection Requirements."
This document will be distributed and covered for AC employees during AC's
National Meeting, April 19-22, 20 I 0. AP HIS will update the
Dealer Inspection
Guide
to include the information in the "Inspection Requirements" document and
consolidate it with the Research Facility Inspection and the Exhibitor Inspection
Guides into one comprehensive document. APHIS anticipates completing the
document consolidation by September 30, 20 l 0.
Recommendation 4: Modify regulations to allow immediate confiscation where
animals are dying or seriously suffering.
APIDS Response: APHIS agrees with the intent of this Recommendation, but
believe that current regulations are sufficient to allow immediate confiscation. We
believe that we can effect the intent of the Recommendation by reviewing and
clarifying the confiscation processes so that confiscations can be accomplished with
maximum speed and effectiveness. We wilJ distribute the clarified guidance to
employees during AC's National Meeting, April 19-22, 20 l 0.
Recommendation 5: Establish written procedures to refer animal cruelty cases
to the States that have such felony laws.
APIDS Response: APHIS agrees with this Recommendation. While the Animal
Welfare Act (AWA) does not give AP HIS the authority to determine if state or local
animal cruelty laws have been violated, we do believe that we should work with state
and local authorities in our shared goal of eliminating animal cruelty. APHIS will
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Gil H. Harden
3
refer issues of mutual interest to appropriate local authorities who enforce state laws
and share inspection reports and EAs with several states that have state-level
enforcement capability (e.g., Colorado, Iowa, Kansas, Missouri, and Pennsylvania).
AC has modified the regional "Enforcement Action Option Worksheet" to include a
check box for inspectors to indicate whether or not they contacted local or state
authorities. A copy of the modified worksheet is attached. We will reemphasize with
inspectors the need to notify appropriate authorities who enforce state humane laws
during AC's National Meeting from April 19-22, 2010. APHIS will develop a
Standard Operating Procedure to refer suspected animal cruelty incidents to
appropriate authorities that have felony laws for animal cruelty. This document will
be completed by September 30, 2010.
Recommendation 6: Provide more comprehensive training and detailed
guidance to the inspectors and supervisors on direct and repeat violations,
enforcement procedures, evidentiary requirements (e.g., adequately describing
violations), shelter medicine, and animal abuse.
APHIS Response: APHIS agrees with this Recommendation. We have provided
training for all inspectors on identifying direct and repeat NCis and adequately
describing NCis, during fall 2009 meetings between supervisors and their inspector
teams. We will provide additional training and guidance (i.e., the "Inspection
Requirements" document) to inspectors and supervisors on identifying direct and
repeat NCis, adequately describing NCis, enforcement procedures, and common
medical conditions seen at commercial kennels during AC's National Meeting, April
19-22, 2010. In addition, we will provide a training session on shelter medicine at the
National Meeting. We will develop a comprehensive technical training plan through
the Center for Animal Welfare, by November 30, 2010.
Recommendation 7: Revise the
Dealer Inspection Guide
to require photos for all
violations that can be documented in this manner.
APHIS Response: APHIS agrees with this Recommendation. Our current guidance
calls for photographs of: direct NCis; repeat NCis; NCis that may result in EA or an
investigation; NCis that are additional information for ongoing investigations; and
transportation violations. In addition, our guidance states that inspectors may choose
to take photographs in other circumstances. We will modify guidance to add NCis
documented on the third prelicense inspection and NCis documented on inspections
that may be appealed. We will reemphasize with inspectors when to take
photographs. We will incorporate this information in the new "Inspection
Requirements" document, and distribute it to employees during the AC National
Meeting, April 19-22, 20 l 0. APHIS will update the
Dealer Inspection Guide
to
include the information in the "Inspection Requirements" document and consolidate it
with the Research Facility Inspection and the Exhibitor Inspection Guides into one
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Gil H. Harden
4
comprehensive document. APHIS anticipates completing the document consolidation
by September 30, 2010.
Recommendation 8: Limit total penalty reductions on the new worksheet to less .
than 100 percent.
APHIS Response: APHIS agrees with this Recommendation. We will develop and
implement a new worksheet which limits total penalty reductions to less than
100 percent by September 30, 2010.
Recommendation 9: Establish a methodology to determine a minimum
stipulation amount and consistently apply that amount, when appropriate.
APHIS Response: APHIS agrees with this Recommendation. We will formally
document the "minimum stipulation amount" in the "Determining Penalties Under
the Animal Welfare Act" document by September 30, 2010.
Recommendation 10: Designate a responsible party to ensure that "Determining
Penalties Under the Animal Welfare Act" (April 2006) is consistently followed
by AC and
IES
and that penalties are properly calculated.
APHIS Response: APHIS agrees with this Recommendation. We recently
reorganized the enforcement component of our Investigative and Enforcement
Services (IES) to establish two branches: the Animal Health and Welfare
Enforcement Branch (AHWEB) and the Plant Health and Border Protection
Enforcement Branch. A GS-14 Chief will supervise each branch with full
supervisory authority for branch staff. The Chief of AHWEB and his/her subordinate
staff are responsible for EAs involving only AC and the APHIS Veterinary Services
programs, greatly increasing the level of staff specialization afforded to these
programs when compared to that in place during the audit. The Chief of AHWEB
will assume responsibility for ensuring that AWA penalty calculations are consistent
and in accordance with the instructions included in "Determining Penalties Under the
Animal Welfare Act."
In
an instance where the A WHEB Branch Chief is unavailable
or the position is vacant, the IES Deputy Director will assume this responsibility.
Recommendation 11: Include instructions in "Determining Penalties Under the
Animal Welfare Act" to count each animal as a separate violation in cases
involving animal deaths and unlicensed wholesale activities.
APHIS Response: APHIS partially agrees with this Recommendation. The
Recommendation is not always practical for unlicensed wholesale activities. We will
request an opinion from OGC about a penalty structure for unlicensed wholesale
activities by September 30, 2010. However, we will count each animal as a separate
violation when an animal death results from NCis. Specifically, AC will clarify the
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Gil H. Harden
5
penalty guidelines by September 30, 2010, to count each animal as a separate
violation when an animal death resulting from NCis is involved.
Recommendation
12:
Propose that the Secretary seek legislative change to
exclude Internet breeders from the definition of "retail pet store," and require
that all applicable breeders or brokers who sell through the Internet be
regulated under AWA.
APHIS Response: APHIS agrees with this Recommendation. APHIS is currently
providing infonnation (including potential options) to Congress as requested
regarding the proposed Puppy Unifonn Protection and Safety Act (or PUPS). This
bill would place dogs sold directly to the public via the Internet, telephone, and
catalogue sales within the jurisdiction of the A WA. In addition, APHIS will
concurrently draft a legislative proposal for the Secretary by May 31, 2010.
Recommendation
13:
Correct all security issues pertaining to ACIS that were
identified by USDA's Cyber Security Office during
its
concurrency review.
APHIS Response: APHIS agrees with this Recommendation. We have already
corrected all security issues pertaining to ACIS. Our corrective actions are
documented in the attached memorandum entitled "Approval for Interim Authority to
Operate for Animal and Plant Health Inspection Service Animal Care Infonnation
System (ACIS)," dated October 21, 2009.
Recommendation
14:
Require FMD to ensure that IES follows the payment plan
process by conducting additional training and periodic reviews, or require FMD
to reassume
its
responsibility for establishing payment plans for stipulations.
APHIS Response: APHIS agrees with this Recommendation. IES will follow the
applicable federal regulations and Financial Management Division's (FMD)
Guidelines for Establishing Payment Plans when establishing payment plans.
Consistent with these authorities, in September 2009, IES and FMD developed the
attached Memorandum of Agreement (MOA) for persons who request a payment.
IES has implemented the MOA in its International Organization for Standardization
(ISO) Payment Plan process. In addition, IES and FMD have developed a method to
jointly review and reconcile payment plans, stipulations, and orders assessing
penalties on a monthly basis. IES' Chief, Document Control Branch, will train the
IES personnel who handle payment plans, in accordance with FMD's Guidelines for
Establishing Payment Plans and IES' ISO Payment Plan process.
Please note that OIG's characterization of31 C.F.R.
§
901.8 and FMD's Guidelines
for Establishing Payment Plans differs from the plain language of those authorities.
For example, OIG asserts that 31 C.F.R. § 901.8 states, "require that plans
must
be
based on debtor's inability to pay
in
a reasonable time, which should be supported by
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Gil H. Harden
6
financial infonnation," but the regulation actually states, "Agencies
should
obtain
financial statements from debtors who represent that they are unable to pay in one
lump sum and independently verify such representations whenever possible."
(emphasis added) Additionally, OIG states, "APHIS' debt management polices
require
that the plans be signed by the debtor," but FMD's Guidelines for
Establishing Payment Plans actually state, "Agencies
may
accept installment
payments notwithstanding the refusal of the debtor to execute a written agreement or
provide financial statements." (emphasis added)
We hope that with this memorandum you are able to reach management decisions.
Attachments
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west
law.
MD Code, Business Regulation,
§
19-703
Page I
Effective: October 1, 2012
West's Annotated Code of Maryland Currentness
Business Regulation (Refs
&
Annos)
"Ii
Title 19. Miscellaneous State Business Regulation
"Iii
Subtitle 7. Retail Pet Stores (Refs
&
Annos)
-+,..
§
19-703. Retail pet stores required to disclose records relating to dogs for sale
Scope of disclosure
(a) A retail pet store that sells dogs shall:
(1)
post conspicuously on each dog's cage:
(i) the breed, age, and date of birth of the dog, if known;
(ii) the state in which the breeder or dealer of the dog is located; and
(iii) the United States Department of Agriculture license number of the breeder or dealer, if required;
(2) maintain a written record that includes the following information about each dog in the possession of the
retail pet store:
(i) the breed, age, and date ofbirth of the dog, if known;
(ii) the sex, color, and any identifying markings of the dog;
(iii) documentation of all inoculations, worming treatments, and other medical treatments, if known, includ-
ing the date of the medical treatment, the diagnoses, and the name and title of the treatment provider;
(iv) the name and address of:
1. the breeder or dealer who supplied the dog;
2. the facility where the dog was born; and
© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
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MD Code, Business Regulation,
§
19-703
Page2
3. the transporter or carrier of the dog, if any;
(v) the United States Department of Agriculture license number of the breeder or dealer, if required;
(vi) any identifier information, including a tag, tattoo, collar number, or microchip; and
(vii) if the dog is being sold as registered or registrable:
l.
the names and registration numbers of the sire and dam; and
2. the litter number; and
(3) for each dog acquired by the retail pet store, maintain a written record of the health, status, and disposition
of the dog, including any documents that are required at the time of sale.
Retention of records
(b)
A retail pet store shall maintain a copy of the records required under subsection (a)(2) of this section for at
least l year after the date of sale of the dog.
Records made available to Division of Consumer Protection and purchasers
(c) A retail pet store shall make the records required under subsection (a)(2) of this section available to:
(I)
the Division of Consumer Protection of the Office of the Attorney General on reasonable notice;
(2) any bona fide prospective purchaser on request; and
(3) the purchaser at the time of a sale.
CREDIT(S)
Added by Acts 2012, c. 214,
§
1, eff. Oct. I, 2012; Acts 2012, c. 215, § 1, eff. Oct. 1, 2012.
MD
Code, Business Regulation,
§
19-703, MD BUS REG
§
19-703
Current through chapters effective July l, 2014, of the 2014 Regular Session of the General Assembly.
(C)
2014 Thomson Reuters. No Claim
to
Orig. US Gov.Works.
©
2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
 PDF to HTML - Convert PDF files to HTML files
west law.
MD Code, Business Regulation,
§
19-704
Page
1
Effective: October 1,
2012
West's Annotated Code of Maryland Currentness
Business Regulation (Refs
&
Annos)
"ii
Title 19. Miscellaneous State Business Regulation
"ii
Subtitle 7. Retail Pet Stores (Refs & Annos)
-+-+
§
19-
704.
Retail pet store required to provide health certificate at time of sale
Contents of health certificate
(a) A retail pet store shall provide to a purchaser at the time of a sale of a dog:
( l) a health certificate from a veterinarian licensed in the State issued within 30 days before the date of sale
certifying that the dog:
(i) has no known disease, illness, or congenital or hereditary condition which is diagnosable with reasonable
accuracy; and
(ii) does not appear to be clinically
ill
from parasitic infection at the time of the examination;
(2) the written record about the dog maintained by the retail pet store under
§
19-703(a)(2) of this subtitle; and
(3) a statement notifying the purchaser of the specific rights available
to
the purchaser under this subtitle.
False or misleading statements
(b)
It
is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article for a
retail pet store to include any false or misleading statements in the health certificate or written record provided
to a purchaser under subsection (a) of this section.
CREDIT(S)
Added by Acts 2012, c. 214, § 1, eff. Oct. l, 2012; Acts 2012, c. 215, § l, eff. Oct. 1, 2012.
MD Code, Business Regulation,§ 19-704, MD BUS REG§ 19-704
IO 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
 PDF to HTML - Convert PDF files to HTML files
west
law.
MD Code, Business Regulation,
§
19-705
Page 1
Effective: October 1, 2012
West's Annotated Code of Maryland Currentness
Business Regulation (Refs
&
Annos)
"iii
Title 19. Miscellaneous State Business Regulation
"'Ii
Subtitle 7. Retail Pet Stores (Refs
&
Annos)
,..,.. §
19-705. Remedies available to purchasers
Purchasers entitled to remedy
(a)(l) A person who purchased a dog from a retail pet store is entitled to a remedy under this section if:
(i) within 7 days after the date of the sale, the person had the dog examined by a veterinarian licensed in the
State and, within 14 days after the date of the sale, the licensed veterinarian states in writing that the dog
suffers from or has died of a disease or illness adversely affecting the health of the dog and that existed in
the dog on or before the date of delivery to the purchaser; or
(ii) within 180 days after the date of the sale, a licensed veterinarian states in writing that the dog possesses
or has died of a congenital or hereditary condition adversely affecting the health of the dog or that requires
hospitalization or a nonelective surgical procedure.
(2) Intestinal or external parasites may not be considered to adversely affect the health of the dog unless the
presence of the parasites makes the dog clinically ill.
Return or exchange of dog
(b )( 1) A purchaser entitled to a remedy under subsection (a) of this section may:
(i) return the dog to the retail pet store for a full refund of the purchase price;
(ii) exchange the dog for another dog of comparable value chosen by the purchaser, if available; or
(iii) retain the dog and be reimbursed by the retail pet store for reasonable and documented veterinary fees
for diagnosis and treatment of the dog, not exceeding the purchase price of the dog.
(2) Unless the owner or operator of the retail pet store contests a reimbursement required under paragraph
(I
)(iii) of this subsection, the reimbursement shall be made to the purchaser no later than l 0 business days
© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
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MD Code, Business Regulation,
§
19-705
Page2
after the retail pet store receives the veterinarian's statement under subsection (c) of this section.
Written statement from veterinarian required
(c) To obtain a remedy under this section, a purchaser shall provide to the owner or operator of the retail pet
store, within
5
business days after receipt, a written statement from a licensed veterinarian that the dog suffers
from or has died of a disease, illness, or congenital or hereditary condition adversely affecting the health of the
dog and that existed in the dog on or before the date of delivery to the purchaser.
Purchasers not entitled to remedy
(d) A purchaser is not entitled to a remedy under this section if:
(1) the illness or death resulted from:
(i) maltreatment or neglect by the purchaser;
(ii) an injury sustained after the delivery of the dog to the purchaser; or
(iii) an illness or disease contracted after the delivery of the dog to the purchaser;
(2) the purchaser does not carry out the recommended treatment prescribed by the veterinarian who made the
diagnosis; or
(3) the illness, disease, or congenital or hereditary condition was disclosed at the time of purchase.
CREDIT(S)
Added
by
Acts 2012, c. 214, § l, eff. Oct. 1, 2012; Acts 2012, c. 215, § l, eff. Oct. 1, 2012.
MD Code, Business Regulation,
§
19-705, MD BUS REG
§
19-705
Current through chapters effective July I, 2014, of the 2014 Regular Session of the General Assembly.
(C)
2014 Thomson Reuters. No Claim to Orig. US Gov.Works.
END OF DOCUMENT
©
2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
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\
Testimony on behalf of County Executive Isiah Leggett
Bill 50-14, Animal Control-Retail Pet Stores
January 27, 2015
Good evening Council President Leventhal and Councilmembers. I am Donald Johnson,
Director of Montgomery County Animal Services. I am here tonight to testify on behalf of
County Executive Leggett in support of Bill 50-14, which would limit the retail sale of dogs and
cats to those obtained from an animal care facility or a non-profit rescue organization. The
County Executive supports
this
bill as it addresses pet overpopulation issues as well as the
inhumane conditions often found in puppy and kitten
mill
facilities.
A significant number of puppies and kittens sold at retail pet stores are produced by large-scale,
commercial breeding facilities, which operate solely for profit and without regard to the welfare
of the animals in their custody. Animals raised in such environments are often not provided with
sufficient veterinary care, adequate access to wholesome food or water, proper housing
conditions, socialization or exercise. These abuses have repeatedly been found to be endemic in
the industry. Such inhumane conditions can lead to significant health and behavioral issues.
Many consumers are unaware of these issues when purchasing animals from retail pet stores and
can easily find themselves emotionally and financially overwhelmed by the burden of caring for
their new
pet.
Current Federal, State and County regulations do not properly address the sale of puppy and
kitten mill animals in Montgomery County retail pet stores. This bill would require that only
puppies and kittens which are sourced from shelters or rescue organizations, be offered for sale
in any Montgomery county pet store. This law
will
not affect a consumer's ability to obtain a
dog or cat from a breed-specific rescue organization, shelter, or hobby breeder.
In
addition to drawing attention to the often inhumane breeding conditions found in these mills,
Bill 50-14 will also encourage adoption of animals from shelters and rescue organizations.
In
the
State of Maryland, an average of 45,000 cats and dogs are euthanized at
animal
shelters on an
annual basis, at an estimated cost of 8 million dollars each year. This bill is expected to support
efforts to find every adoptable cat and dog a home.
Montgomery County is well known for its progressive state of animal welfare matters. This bill
would greatly reduce inhumane breeding conditions for cats and dogs, promote community
awareness of the issues regarding puppy and kitten mills, reduce costs to citizens of the county
and promote a more humane environment in the County.
The County Executive believes that wherever possible, county law should prohibit retail pet
stores from supporting the inhumane animal breeding practices of puppy and kitten mills and
urges passage of this legislation.
Thank you for the opportunity to testify in support of the bill.
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.
rp
¥.t;b--
From:
t "-\
mg <mg@aprpets.org>
Tuesday, January 27, 2015 4:30 PM
County Council
mer@aprpets.org; americaspetregistry@gmail.com
Opposed to Bill 5014
Delgado, Annette
To:
Cc:
Sent:
Subject:
To: Montgomery County Council, Montgomery County Maryland
Roger Berliner
Marc Elrich
Nancy Floreen
TomHucker
Sidney
Katz
George Leventhal
Nancy Nararro
Craig Rice
Hans Riemer
From:
Michael Glass America's Pet Registy, Inc Nat
1
l Field Rep
Pottstown, Pennsylvania 484-880-7962 mg@aprpets.org
Rob Hurd America's Pet Registy, Inc Nat
1
l Field Rep
Indianola, Iowa 515-962-7552 rh@aprpets.org
RE:
Animal Control - Retail Pet Stores Bill 50-14
Dear
Montgomery County Council Members,
We oppose Bill 50-14
America's Pet Registry, Inc (APRI) does not condone substandard kennels or Pet Stores which by their actions
or inactions reflect poorly on the credibility and reputation of law-abiding, responsible dog breeders and Pet
Stores
that
maintain or exceed all current local, state and federal animal welfare laws and regulations
Additionally, APRI does not condone any
and
all activities and legislation that infringes upon the individual
rights to choice about their personal property which includes their pets.
We appreciate the Legislative intent and recognize the Council's goal to present a bill that will effectively meet
the needs of the communities and families involved. Legislative intent ought to consider minimizing
unintended consequences.
We have reviewed the prepared presentation by the proponents of the Bill and Bill 50-14
itself.
Such
documentations are complete with accusations that do not represent facts and
data
that would properly represent
@
1
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those accused of poorly run business. The Bill is evident of a standard anti-breeding, and a biased anti-pet store
agenda.
We oppose Bill 50-14
Respectfully.
Michael A Glass
mg@aprpets.org
484-880-7962
Pottstown, Pennsylvania
MichaeJ A. Glass mg@aprpets.org 484-880-7962
America's Pet Registry, Inc 4 79-299-4418
2
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••
Best
Friends
Animal
Society·
SAVE THEM
ALLTvl
·~--·
-----····
16 January2014
Montgomery County Council
100 Maryland Avenue, 5th Floor
Rockville, MD 20850
Re: Support for a Pet Sales Ordinance
Dear Councilors,
On behalf of Best Friends Animal Society, a national animal welfare organization in its thirty-
second year. and our 300,000 members. I would like to offer our support for an ordinance to
restrict the retail sale of companion animals in Montgomery County pet stores. We urge you
to join the seventy-four municipalities throughout North America that have made the change
.to no longer allow pet stores to sell commercially bred companion animals, unless the
animals come from shelters or rescue groups.
Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities, which
supply nearly 100% of retail pet stores and on line retailers, are cruel and inhumane
breeding factories in which profit and maximum productivity take priority over the welfare of
the animals.
Although the USDA regulates these breeders, the minimum federal standards do not ensure
a humane life for dogs. These types of kennels can legally have hundreds - often a
thousand - dogs in one facility, and these dogs are allowed to be confined to very small
cages for their entire lives, breeding continuously in order to produce as many puppies as
possible for the pet trade. And USDA inspection reports show that many USDA-licensed
breeders continue to sell animals to local pet stores even after being cited for serious
violations at their facilities.
Because the goal is to make a profit, pet mill owners must cut corners to keep expenses low
and profits high. For the unsuspecting consumer, this frequently results in the purchase of a
pet facing an array of immediate veterinary problems or harboring genetic diseases that
surface down the line. This creates a financial burden on the consumer and results in many
of these animals being surrendered to overcrowded shelters.
It makes little sense to continue manufacturing dogs and cats when so many are being killed
for lack of space. Public education has been effective, but until cammunities take the
initiative to limit the supply of pets being imported from substandard commercial facilities,
there can be no hope of preventing these unnecessary deaths.
Best Friends Animal Society
5001 Angel Canyon Road
Kanab, UT 84741
bestfrlends.org
Best Friends Animal Society- Los Angeies
15321 Brand Blvd.
Mission Hii!s, CA 91345
bestlriends.orgfia
Best Friends Animal Society-
New YorK
City
contactnyc@bestfnends.org
Best Friends Animal Society - Utah
2005 South 1100 East
Salt Lake City, UT 84106
(JW
bestfriends. org/\Jlah
@
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••
£
Best
Friends
Animal
Society·
SAVE THEM ALL™
Those who benefit most from companion animal sales in pet stores are the retailers
themselves. While they may profit from the practice of buying these pets at a low price from
commercial brokers and then selling them (typically without first spaying or neutering them}
at a high price, it is the taxpaying public who pays for animal control to house and kill
unwanted animals in the community.
Pet stores that sell commercially bred animals can be part of the solution rather than the
problem, simply by either stopping pet sales altogether (and focusing on other profitable,
ancillary components such as grooming, daycare or pet supplies}, or by changing to a
business model that offers products, services, and space for animal rescue organizations to
adopt out animals from their stores.
Best Friends has partnered with several of the many pet stores that have transitioned from
selling milled dogs and cats to offering rescued pets for adoption, and we have found this
humane model to be both viable and embraced by the communities in which the stores are
located. Thus, a restriction on the retail sale of pets would
not
preclude pet stores from
staying in business, and could in fact alleviate a significant burden on the city by increasing
pet adoptions.
Best Friends and our members thank you for taking a compassionate, common sense
initiative to addressing the pet mill problem in our community and setting a positive example
for the rest of the country to follow. We have been proud to work with the majority of
municipalities throughout the U.S. that have enacted similar ordinances (including Los
Angeles, Chicago and San Diego), and we support you in your efforts as well. I hope you
will let us know if there is anything we can do to help further this critical reform.
Thank you for your consideration of this important proposal.
Respectfully,
Elizabeth Oreck
National Manager, Puppy Mill Initiatives
Best Friends Animal Society
puppymills.bestfriends.org
elizabetho@bestfriends.org
Best Friends Animal
Society
5001 Angel Canyon Road
Kanab, UT 84 741
be&ffriends.org
Best Friend!l Animal Society- Los Angeles
15321 Brand Blvd.
Mission Hills, CA
91~~"5
befl!lriends.org!la
Best
Frerds Animal
Society -
New YorK City
contactnyc@bestfnends.org
Best
Friends Animal
Society- Utah
2005 South 1100 East
bestfriends.org/utah
Q,
Salt Lake City, UT 84100@
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~
Best
Fiiends
Animal
Society
Executive Summary: Scientific studies of dogs
and puppies from commercial dog-breeding
establishments (puppy mills)
BACKGROUND
Commercial breeding establishments, or puppy mills, are large-scale facilities where dogs are confined in
small enclosures for their entire reproductive lives with little to no exercise or positive human contact. The sole
purpose of such facilities is to mass-produce puppies to sell them for profit through retail pet stores and via
the Internet.
SYNOPSIS
In two large-scale studies of dogs from high-volume commercial breeding establishments (one study focusing on
the adult breeding dogs and the other on the puppies sold through pet stores), the evidence showed conclusively
that these breeding facilities are highly injurious to both groups of dogs, resulting in severe, extensive and long-
term harm to the behavioral and psychological well-being of the dogs.
Study 1: The adult breeding dogs
WHAT THE STUDY LOOKED AT
This study compared a wide array of psychological and behavioral characteristics of 1, 169 dogs formerly kept
for breeding purposes in commercial breeding establishments with pet dogs owned by members of the general
public.
RESEARCHERS
Franklin D. McMillan, DVM, Best Friends Animal Society
Deborah
L.
Duffy, PhD, University of Pennsylvania School of Veterinary Medicine
James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine
THE PUBLISHED PAPER
Mental health of dogs formerly used as 'breeding stock' in commercial breeding establishments. FD McMillan,
DL Duffy, JA Serpell.
Applied Animal Behaviour Science
2011; 135:
86-94.
WHAT THE STUDY FOUND
• The results showed a broad range of abnormal behavioral and psychological characteristics in the
former breeding dogs from large-scale commercial breeding establishments, including significantly
elevated levels of fears and phobias; pronounced compulsive and repetitive behaviors, such as spinning
in tight circles and pacing: house soiling; and a heightened sensitivity to being touched and picked up.
• The psychological harm demonstrated in these dogs is severe and long-lasting. Much of the harm is
irreparable and will remain a continued source of suffer.ing for years after the dogs leave the breeding
facility, in some cases for the entire lifetime of the dog.
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CONCLUSIONS
• Current laws at both the national and state levels are not based on current scientific knowledge of
·animal psychology, quality of life, suffering, and welfare, and are thus inadequate to protect dogs from
the psychological harm resulting from living in commercial breeding establishments.
• Legislation to adequately protect the welfare of dogs in confinement needs to be updated to reflect
current scientific knowledge.
To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org).
Study 2: The puppies
WHAT THE STUDY LOOKED AT
This study compared the psychological and behavioral characteristics of 431 adult dogs who were purchased
as puppies from pet stores with adult dogs purchased as puppies from small-scale, private breeders.
RESEARCHERS
Franklin D. McMillan,.DVM, Best Friends Animal Society
James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine
Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine
Elmabrok Masaoud, PhD, Atlantic Veterinary College, University of Prince Edward Island
Ian Dohoo, DVM, PhD, Atlantic Veterinary College, University of Prince Edward Island
THE PUBLISHED PAPER
Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained
from noncommercial breeders. FD McMillan, JA Serpell, DL Duffy, E Masaoud, IR Dohoo.
Journal of the American
Veterinary Medical Association
2013; 242: 1359-1363.
WHAT THE STUDY FOUND
• Dogs obtained as puppies from pet stores received significantly less favorable scores than breeder-
obtained dogs on most behavioral variables measured. Compared with dogs obtained as puppies from
noncommercial breeders, dogs from pet stores had significantly greater aggression toward human
family members, unfamiliar people and other dogs; greater fear of other dogs and typical life events;
and greater separation-related problems and house soiling.
• For no behavior evaluated in the study did pet store dogs score more favorably than noncommercial
breeder dogs.
• The chances of a dog developing serious behavior problems is much higher for dogs purchased as
puppies from pet stores, as compared to dogs obtained from small, noncommercial breeders.
CONCLUSIONS
• On the basis of these findings, combined with findings from earlier small-scale studies of dogs obtained
from pet stores, until the causes of the unfavorable differences detected in this group of dogs can
be specifically identified and remedied, the authors of this study withhold any recommendation that
puppies be obtained from pet stores.
2
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• Dogs sold by pet stores are misrepresented to consumers as a high-quality product, because the data
now shows that consumers are not receiving what they believe they are paying for. The increased risk
of behavior problems that pet store customers face as their dog matures includes aggression issues,
which pose a significant risk of human injury. Consumer protective legislation is urgently needed in this
area.
• Legislation to improve the conditions in the large-scale commercial breeding facilities supplying puppies
to pet stores is needed to assure that the puppies are not at any increased risk of maturing into adult
dogs with serious behavior problems.
To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org).
Overall Conclusions
• Current laws provide inadequate protection against harm to breeding dogs and puppies associated with
commercial breeding establishments.
• Consumers purchasing puppies from pet stores are unknowingly assuming a risk of difficult and serious
behavior problems in their dogs, including dog behavior that can endanger their own safety.
• If dogs are to be bred to produce puppies for sale, all of the dogs and puppies should be assured a
decent quality of life based on the most current scientific research.
For More Information
For more about Best Friends Animal Society, go to bestfriends.org. To learn about Best Friends' puppy mill
initiatives and what you can do to help, visit puppymills.bestfriends.org.
3
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11ri~~I
'5."J~\j
,~~~
THE
HUMANE
SOCIETY
®
OF THE UNITED STATES
TESTIMONY DELIVERED BY WAYNE PACELLE, PRESIDENT AND CEO OF THE
HUMANE SOCIETY OF THE UNITED STATES TO THE MONTGOMERY COUNTY
COUNCIL ON JANUARY 27, 2015
On behalf of the Humane Society of the United States (HSUS) and our members and supporters
in Montgomery County, thank you for the opportunity to testify tonight in support of Council
President Leventhal's proposed ordinance to prohibit the sale of puppy mill dogs in pet stores.
It
gives me great pleasure to testify, in particular, because of being a resident in Montgomery
County.
The HSUS opposes the sale of puppies bred in inhumane conditions everywhere that they
are sold, including in Montgomery County pet shops.
Most pet stores sell puppies from inhumane sources
The HSUS has conducted numerous hidden-camera investigations which consistently
reveal that pet stores supply unsuspecting consumers with puppies from inhumane large-scale
commercial breeders known as puppy mills.
All stores videotaped by HSUS investigators purchased their puppies from large-scale
commercial breeding facilities, despite specific claims of"no puppy mills" or misleading
statements implying that their sources were small "private breeders." When HSUS
investigators filmed some of these breeding facilities they found hundreds of dogs
confmed to small cages.
All of the stores visited by investigators were found to be buying puppies from suppliers
with known Animal Welfare Act violations, including some with citations for filthy
conditions, lack of adequate space, underweight breeding animals, dogs found in the
freezing cold or high heat without adequate weather protection, or sick or injured dogs in
need of veterinary care.
The Montgomery County Pet store that would be affected by this ordinance has purchased
dogs from some of the worst breeders in the country.
For example, this particular pet store has been found to repeatedly purchase puppies from
Edward Cannon in Novinger, MO. Despite this pet store's claims to consumers of only
purchasing puppies from small private breeders, Cannon's February 2013 USDA inspection
report documented more than 400 dogs and puppies. Additionally, the operation has been cited
numerous times over the years, including citations for a dog with dental issues so severe that she
could no longer keep her tongue in her mouth and the inspector could see the roots of her teeth;
an ammonia (urine) odor so strong that federal inspectors noted a "burning sensation
11
in
their
noses; dirty conditions; and mold found in dog food.
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lK~)!I
111
~,i.:~
THE
HUMANE
SOCIETY
OF THE UNITED STATES
Cannon is just one of many problematic breeders found to
be
supplying this Montgomery County
store with puppies.
Pet store puppies frequently suffer from preventable illnesses and hereditary diseases
Due
to
improper breeder and lack of care, puppies frequently suffer from diseases that are easily
preventable if they receive proper care.
As
is so often the case in puppy mills, dogs are kept in
inhumane conditions. This not only leads to needless illness, but also heartbreak: for consumers
who purchase these dogs based on store employees' assertions that the puppies came from
11
small, local breeders."
In
many of these cases the puppies suffer severely and cost puppy
purchasers thousands of dollars in unexpected vet bills. Because of how delicate puppies are at
such a young age, it is common for these puppies to die despite timely care by the consumer.
Responsible breeders do not sell to pet shops, which means the only source of puppies pet
stores have are substandard breeders
·
The HSUS reviewed Codes of Ethics for the National Breed Clubs representing all 178 dog
breeds recognized by the AKC, and found that 96% of those National Clubs include statements
to the effect that their breeders should not and/or do not sell to pet stores.
It
is possible for pet stores to operate successfully without selling puppies
There are approximately 9,000 pet stores in the country and only about 3,000 of those stores sell
puppies. The estimated remaining 6,000 stores range in size from large pet store chains to small,
privately owned pet shops. These numbers demonstrate that selling puppies is not essential to
the operation of a pet store, and if a pet store owner is willing to change his/her business model
success without sales can reap a profit.
Conclusion
Montgomery County should no longer allow the continued s.ale of puppy mills dogs - dogs from
an industry so intrinsically linked to unnecessary animal suffering and so seemingly unwilling to
change. Montgomery County pet store customers should not be duped into unwittingly
supporting the cruel puppy
mill
industry, and into buying puppies exposed to the unique set
of physical and behavioral problems created by such a substandard upbringing. Montgomery
County residents should no longer have to accept the importation of puppies from puppy mills
into the county while their tax dollars are spent sheltering and euthanizing dogs for which there
are no homes.
We thank the Committee for considering this important animal welfare and consumer protection
ordinance and urge your support ofBill 50-14.
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From Mitchell Thomson
Just Puppies Inc.
Dear Council,
My Parents owned a kennel when I was growing up, it was small but we had plenty to do on a daily
basis. I remember the long nights whelping puppies and the long nights bottle feeding young litters.
My Mother was great with the animals, she had a true understanding of how to treat and take care
of them, and they in return loved my mother. This philosophy transpired into us, as we share her caring
and compassion of the animals the same way today at our stores. Our staff members share this same
philosophy about our puppies and their wellbeing. Clients are not viewed as profit centers, but as an
avenue of future wellbeing for our animals. At Just Puppies we really care about our puppies, their
origins, a short comfortable stay with at our facilities and their future wellbeing. We love to hear from
our many happy clients, it never gets old. My Parents pet business also allowed me to get a Bachelors
in Business Administration.
My
finding from visiting the Missouri Kennel Inspectors;
Kennels are inspected from the USDA and the State on a regular basis
Veterinary care and teeth cleaning is mandatory on every animal yearly
Size of cages originally determined by the USDA are now 3 times larger by State Rules
No matted, one tooth dog exist in regulated Kennels
USDA and State Regulated Kennels must be clean and sanitary at all times
They both have the ability to terminate a Kennel on short notice if needed, rarely needed
2016 regulations our taking effect and will be enforced
800 Kennels are licensed both USDA and State licensed in Missouri, There is an average of 40 adult dogs
per Kennel, and we buy from approximately 30 Kennels
10 Reasons for Choosing a Pet Store Puppy
There are several responsible options to choose from when looking for a new dog, including pet stores,
Private breeders, shelters and animal rescues. The source you choose for a new pet will depend on
your
Individual circumstances, such as the breed of dog you would like to own or your geographic location.
There are many reasons for choosing a puppy from a pet store, including:
1. Pet stores provide healthy puppies.
The preeminent study by Cornell University of Veterinary Medicine on the health of puppies
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from various sources demonstrates, on average,
pet store puppies are as healthy as, or
healthier than, those from any other source.
2. Pet stores and their sources for puppies are regulated at the state and federal level.
Pet stores and breeders are the most regulated sources of pets.
Pet stores and their
puppy suppliers must comply with federal, state or local laws including care standards,
veterinary treatment, socialization and exercise requirements, among other things. Private
breeders and internet sellers have no regulation or oversight at all.
3. Pet stores provide consumer protection and satisfaction.
pet stores are an accountable,
traceable source for pets. An overwhelming majority of pet stores provide warranties on the
dogs they sell, often backed up by specific legal requirements. These laws frequently don't
apply to other sources of animals,
so pet store customers enjoy greater protection.
4. Pet stores help owners find the best breed for their lifestyle.
Pet store visits ensure compatibility. Pet store customers have the convenience of easily
visiting the store as many times as necessary to physically interact with their prospective pet,
and ensure compatibility and a responsible choice .Do you have allergies and require a specific
breed? Does your lifestyle mean you need a small or large dog, or that an active or less-active
breed would suit you best? Pet stores typically offer a wide choice of breeds that may not be
available from shelters, rescues or private breeders.
Due to this service a pet store may
be the best choice for finding the breed you prefer.
5. Pet stores address declining pet populations.
Many shelters are now importing dogs from foreign countries to fill the demand.
Without pets, there is no pet industry. With mandatory spay and neuter laws, shelter
populations will continue to shrink. If consumers are limited to a shelter only population,
where will pets come from in the future?
6. Pet stores are not the source of unwanted pets in shelters.
The National Council on Pet Population Study and Policy report found that
96 percent of
relinquished pets came from somewhere other than a pet store,
and 70 percent of the
time the reasons owners relinquish a dog or cat to a shelter could have been prevented with
consumer education. Most pets in shelters were acquired for less than $300, most free.
7. Pet stores add to the local economy.
Reputable pet stores are established businesses in the community.
These legitimate
businesses bring steady tax revenue and build the local economy with owners purchasing:
supplies, veterinary services, grooming day care, etc.
Pet store bans can open underground markets.
Preventing responsible pet stores from selling pets opens the door to an
underground, unregulated market.
While pet sale bans frequently begin with dogs and
cats, other animals can and will be added to the
list
of banned pets.
9. Pet store bans do not address animal welfare issues.
Those who truly care about the welfare of animals work to raise standards of care and
eliminate pet providers who don't maintain acceptable standards.
Blanket pet sale bans do
not advance the standards of care for pets.
10. Pet stores rely on customer satisfaction.
Customer satisfaction is paramount in any
successful business. Pet stores facilitate the pet ownership experience, relying on repeat
customer business and customer satisfaction.
Providing healthy, well socialized pets is
not only the right thing to do, it is a good business decision.
s.
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