Breeding or Puppy Mills

Summary: This case focuses on the Pennsylvania Department of Agriculture's preliminary objection that Petitioners' had taxpayer standing to request injunctive relief and a declaratory judgment that regulations promulgated by the Department were in conflict with the mandates set forth in the Pennsylvania Dog Law Act. Petitioners asserted that the Department was not authorized to exempt nursing mothers from the statutory ban on metal strand flooring and from the statutory requirement of unfettered access to exercise areas. Department argued that Petitioners had not pled sufficient facts to show that those directly and immediately affected by the regulations were beneficially affected. The court found Petitioners were at least as well inclined and situated as any other entities to challenge regulations that might be in conflict with those provisions. The court therefore overruled the Department's preliminary objections to Petitioners' standing.

Summary: Cook County passed an ordinance that required a “pet shop operator” to only sell animals obtained from a breeder that (among other requirements) held a USDA class “A” license and owned or possessed no more than 5 female dogs, cats, or rabbits capable of reproduction in any 12-month period. Plaintiffs, a professional pet organization and three Cook County pet shops and their owners, sued Cook County government officials, alleging that the ordinance violated the United States and Illinois Constitutions. Defendants moved to dismiss the action. After concluding that plaintiffs had standing to pursue all of their claims, with the exception of the Foreign Commerce Claim, the Court granted the defendants' motion to dismiss all claims, but gave Plaintiffs a chance to cure their complaint's defects by amendment.

Summary: This chapter (effective January 1, 2016) covers the sale of animals at swap meets in the state. A swap meet operator may allow a vendor to sell animals at a swap meet so long as the local jurisdiction has adopted standards for the care and treatment of the animals. The care and treatment of the animals must include that time that the animals are at the swap meet and during the transportation to and from the swap meet. The swap meet vendors must maintain, among other things, sanitary facilities for the animals, provide proper heating and ventilation in the facilities, provide adequate nutrition and humane care and treatment, and provide adequate space for all kept in the facilities. A swap meet vendor who offers for sale at a swap meet in a jurisdiction that has not authorized the sale is guilty of an infraction punishable by a fine up to $100. If a swap meet vendor is found guilty of this infraction for a subsequent time, he or she will be fined up to $500 per violation. Some exceptions include: events held by 4-H Clubs, Junior Farmers Clubs, Future Farmer Clubs, the California Exposition and State Fair, the sale of cattle on consignment at any public cattle sales market, and a public animal control agency or shelter.

Summary:

Applicants sought a zoning variance to operate a nonprofit dog-rescue shelter. The zoning board denied the application, concluding that the dog-rescue operation run by applicants was a non-permissible “kennel” under the township's zoning ordinance. Applicants appealed to a trial court. The trial court determined that because applicants did not receive “economic gain” or a profit for their efforts, their dog-rescue operation was not a “kennel” and, therefore, was not a prohibited land use under the zoning ordinance. The trial court therefore reversed the zoning board's order. Intervenors, the applicants’ neighbors, appealed from the trial court's decision. Upon review, the Commonwealth Court of Pennsylvania concluded that the term “kennel,” as used in the zoning ordinance, was ambiguous, and had to be construed in favor of applicants to find that applicants' operation of a large dog rescue facility on their property did not constitute the operation of a kennel. The appeals court therefore affirmed the trial court's decision.

Summary: In 2020, Maryland revamped this chapter on the retail sale of cats and dogs. Under the amendments, a retail pet store may not offer for sale or otherwise transfer or dispose of cats or dogs. This section may not be construed to prohibit a retail pet store from collaborating with an animal welfare organization or animal control unit to offer space for these entities to showcase cats or dogs for adoption. The changes effectively nullified the state's pet purchaser protection act. Violation of the chapter is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article.

Summary: Dog breeding is an unregulated industry in British Columbia and most of Canada, resulting in poor outcomes in some dogs’ welfare: genetic make-up, physical health, and mental health. This suffering in dogs results in subsequent costs to taxpayers and dog guardians. This study explores the question: How can British Columbia overcome the negative externalities surrounding the welfare and socialization of dogs in the dogbreeding industry? Policies in five countries are reviewed, informed by legislation, publicly available data, and confidential interviews with key informants. Three policy options emerge from the findings: regulation, regulation with licensing and permissible inspection, or regulation, licensing, and mandatory inspection. Approaches are evaluated using a multi-criteria approach. The study recommends a comprehensive, measurable, and equitable regulation with licensing and permissible inspection. To be effective, this regulation should be implemented with adequate consultation, training, and public education.

Summary: This Myanmar Law, in English and Burmese, provides for livestock breeding, welfare, animal feed standards, the prevention and control of contagious diseases, inspections, trade, certificates and related fees, and the prevention of cruelty to animals.

Summary: This FAQ is based on a reader question concerning the sale of a sick pet in California.

Summary: After a call reporting the poor health of over 100 dogs at a large Malamute breeding operation and the recruitment of the Humane Society of the United States, including several volunteers, to help execute a warrant, defendant was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45–8–211, MCA. Defendant was convicted by a jury of 91 counts of animal cruelty and sentenced to the Department of Corrections for a total of 30 years with 25 years suspended. A prohibition from possessing any animals while on probation was also imposed on the defendant, as well as an order to forfeit every seized dog and all puppies born after the execution of the warrant. On appeal to the Supreme Court of Montana, defendant argued the District Court erred in denying his motion to suppress the evidence obtained from the search on Fourth Amendment grounds. The Supreme Court held, however, that the search warrant authorizing seizure of “any and all dogs” and “any and all records pertaining to dogs” was not impermissibly overbroad; that the participation by civilian volunteers and Humane Society personnel in execution the warrant was not prohibited by the Fourth Amendment or the Montana Constitution; and that the use of civilian volunteers to assist in execution of search did not violate defendant's right to privacy. The Supreme Court therefore held that the lower court did not err in denying the motion to suppress the evidence. Next, the defendant argued that the District Court abused its discretion when it improperly determined that the results of an investigation of his kennels in 2009 were irrelevant pursuant to M.R. Evid. 403. The court, however, agreed with the District Court, despite defendant's claim that 2009 inspection would show that the poor conditions of the kennels and the dogs in 2011 were justified due to economic hardship and health issues. Finally, defendant argued that the District Court was not authorized to order forfeiture of the defendant’s dogs that were not identified as victims of animal cruelty. The Supreme Court, however, held that the statute authorizing forfeiture of “any animal affected” as part of sentence for animal cruelty did not limit forfeiture of defendant's dogs to only those that served as basis for underlying charges, nor did it implicate the defendant's right to jury trial under the Apprendi case. The Supreme Court therefore held that the District Court did not abuse its discretion in requiring the defendant to forfeit all of his dogs. The lower court’s decision was affirmed.

Summary: Dog breeding is an unregulated industry in British Columbia and most of Canada, resulting in poor outcomes in some dogs’ welfare: genetic make-up, physical health, and mental health. This suffering in dogs results in subsequent costs to taxpayers and dog guardians. This study explores the question: How can British Columbia overcome the negative externalities surrounding the welfare and socialization of dogs in the dog breeding industry? Policies in five countries are reviewed, informed by legislation, publicly available data, and confidential interviews with key informants. Three policy options emerge from the findings: regulation, regulation with licensing and permissible inspection, or regulation, licensing, and mandatory inspection. Approaches are evaluated using a multi-criteria approach. The study recommends a comprehensive, measurable, and equitable regulation with licensing and permissible inspection. To be effective, this regulation should be implemented with adequate consultation, training, and public education.