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Puppy mill bill stalled in Raleigh

Sunday, April 18, 2010
(Updated 3:00 am)

RALEIGH — The sight of maltreated dogs confiscated from a local kennel has been enough to provoke a “There ought to be a law!” reaction from local government leaders.

It turns out, there almost was.

A proposal to set licensing standards for puppy breeding operations cleared the N.C. Senate last year but ran into significant opposition from the American Kennel Club, the NRA and hunting groups as it made its way though the House.

The measure is eligible for consideration in the legislative summer session that begins in May, but prospects for its passage are decidedly mixed.

“I don’t think there’s any consensus amongst our caucus that’s something we want,” said Rep. Hugh Holliman, a Lexington Democrat and the majority leader in the House.

The legislative summer session in even number years is geared toward handling budget adjustment and pressing matters. Controversial nonbudget topics are typically — but not always — avoided.

Reps. Pricey Harrison  and Maggie Jeffus filed one of two House companion measures to the Senate bill last year, and Harrison said fallout came swiftly.

“There was really strong commentary as soon as I filed the bill,” Harrison said, saying negative feedback came from local dog-owners and breeders alike.

It would have required anyone who had 15 or more breeding-age female dogs and who sold puppies to the public to register with the state and to obey certain health and welfare guidelines. Those rules would be developed by the N.C. Department of Agriculture.

“It’s very poorly written,” said Stephen Wallis, president of the N.C. Federation of Dog Clubs, which is an affiliate of the American Kennel Club. “They are stepping all over existing law.”

Wallis said there is already a dog breeding law on the books.

But Lee Hunter, director of the N.C. Department of Agriculture’s Animal Welfare Section, said that law only applies to breeders who sell to pet stores, research facilities and the like. It does not cover those who sell puppies that they have bred to individuals.

“What that bill will do is capture too many of the hobby breeders,” Wallis said. “It will put hardship on those breeders such that they would have to have commercial-level facilities to be able to breed.”

Wallis said the lawmakers pushing the bill were under the influence of out-of-state interest groups, who were dumping time and money into advocacy on behalf of the bill.

The Humane Society of the United States continues to lobby on behalf of the bill, putting up billboards and holding a “Puppy Mill Awareness Day” in Raleigh in May.

That involvement may in part explain the opposition from the National Rifle Association’s legislative action arm last year. In an alert to members, the NRA said the Humane Society’s real goal is a ban on sport hunting, and the NRA labeled the puppy mill bill as an incremental step.

“Don’t allow HSUS to take this critical first step in North Carolina,” read an NRA-issued action alert. Calls to the NRA’s legislative affairs office were not returned.

The bill also drew opposition from local hunters organized by the N.C. Sporting Dog Association. That opposition persisted even after language was added to exempt those who raise hunting dogs.

“That exemption would not last one starry night,” said Henri McClees, a lobbyist with the Sporting Dog Association. She also objected to language that would allow the Department of Agriculture to establish standards for housing and feeding dogs.

“I do not believe the state has the right to come in and tell me how much exercise I need to give a dog,” said McClees, who lobbied along with her husband, Joe, on the bill.

The McClees’ efforts in particular brought dozens of like-minded dog owners to the legislative lobby days last year, apparently swaying lawmakers who shied away from acting in the face of vocal opposition.

Kim Alboum, state director for the Humane Society of the United States, said there was  “a lot of misinformation” floating around about the bill and proponents were working to convince lawmakers that the measure would not infringe on dog owners’ rights.

Alboum said the bill would allow local animal-control officers to intervene before encountering the kind of conditions that prompted Guilford County sheriff’s deputies to confiscate 97 dogs from Rush Kennel in Pleasant Garden.

“It has to go so far before they (animal-control officers) can do anything about it,” Alboum said.

Guilford County Sheriff BJ Barnes agreed. His department’s investigation of Rush Kennel took months. The proposed measure would allow law enforcement to act before dogs suffer and would free up investigative resources, Barnes said.

Alboum as well as opponents of the bill said they think it will move forward, but lawmakers expressed doubts, pointing to another animal-cruelty measure for contrast.

Susie’s Law is named after a dog that was badly beaten and burned. The man convicted of animal cruelty in the case got probation only, outraging many and sparking a push to elevate the crime so a judge could hand down jail time.

Both Sen. Don Vaughan, a Greensboro Democrat, and Harrison said they’ve gotten hundreds of e-mails and other correspondence in favor of Susie’s Law. That measure is expected to move quickly and garner the support of even some of those who oppose the puppy mill bill.

No similar grass-roots push for the puppy mill bill has surfaced yet, lawmakers said.

“I don’t think that there is momentum for that puppy mill bill in the short session,” Harrison said. “It’s too bad. It’s a good bill.”

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com
 

s 460: Commercial Dog Breeder Regulation

What the bill does: It would require breeders with 15 or more puppy-bearing-age females to register with the state and adhere to certain caretaking guidelines. Status: The measure passed the Senate last session but ran into stiff resistance in the House. It currently sits in the Finance Committee. Who’s responsible: Sen. Don Davis of Snow Hill is the primary sponsor of the measure: (919) 733-5621. Locally, Reps. Pricey Harrison and Maggie Jeffus, both Greensboro Democrats, have filed a companion bill and Sens. Katie Dorsett and Don Vaughan, both Greensboro Democrats, voted for the Senate bill. Sen. Phil Berger, an Eden Republican, voted against, and Sen. Stan Bingham, a Denton Republican, was absent for both votes on the bill.

Comments

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Panacea

April 18, 2010 - 9:02 am EDT

What does banning puppy mills have to do with hunting? The NRA has lost its mind. So has the AKC. Hasn't it occured to them that if puppy mills are banned, there will be better control over the quality of purebreds, enhancing the breeds and the value of the dogs?

purplevoter

April 18, 2010 - 9:25 am EDT

Couldn't agree more! Upgrading the often deplorable conditions under which puppies are bred and housed, and finally providing some assurance to the public that they at least have a chance of buying a healthy puppy is an animal wefare issue. It has absolutely nothing to do with hunting. The NRA has become such a reactionary organization that, apparently, it is now glomming on to even the most tangential issues that could, in its distorted view, even remotely affect hunting or gun rights. In the meantime, animals will continue to be bred and raised under cruel and inhumane conditions.

d_random

April 18, 2010 - 7:39 pm EDT

The AKC is only worried about the MONEY that won't be coming their way from all the puppy mills in N.C. As other states around us pass laws against puppy mills, more and more puppy mill owners are moving to N.C. where the laws are lax. When will we ever get to the tipping point when we say "Enough is enough"?

JimDandy

April 18, 2010 - 11:19 am EDT

The NRA has become nothing more then a political group pushing for any and all laws they feel better them more then the majority. I was a member untill I refused to vote to help pass one of their bills and then I recieved notice that I can no longer be a member due to my beleifs being different then that of the NRAs. I would not become a member if they paided me. They have no concerns for any animals they can not shoot.
I can not otherwise understand how the AKA will not want dogs to be born and sold in safe conditions either , whats that about ? I know my wife and I bought a sweet little dog from Puppies to Guppies in the four seasons mall that had a " belly button " that we had to have removed and pay for ourselfs ( somthing we decided even before buying ) and his Vet stated to us that it was there due to pour birthing and bad raising before being brought to the store , somthing he said should be stopped through laws but we can not get them passed.
Heres an idea , add in giving money to the AKA to help write a bill they will help pass , sort of pay them off , like the big companies and organizations like NRA pass bills.

4fairplay

April 19, 2010 - 10:42 am EDT

If by 'belly button' you are referring to a navel hernia, there are many reasons they can occur. One is if the mother dog was a bit rough or inexperienced when chewing the umbilical cord from the placenta at birth. (Each pup has its own.) Another is that navel hernias can be hereditary in some animals of any species, and can only be proven if it occurs on a regular basis from one birthing to the next. In dogs it would be if it occurs in multiple pups from more than one litter. Another is a pup who over-exerts itself, usually climbing or jumping from somewhere higher than it should have.
If the pup already had it at the time of sale, the pet shop should have discounted the price or covered the cost of repairing it. If it occurred sometime after the sale, then the new owner is the one responsible to pay for it. In the case of a hereditary hernia, it occurs at birth or shortly thereafter. But one going untreated from birth to sale age would continually get larger and be very noticable.
One other possibility is that it was a fatty deposit and not a hernia. A hernia is caused by a tear in the stomach lining and a 'hole' under the skin can be felt. If it grows too large, the intestines can be easily felt. A fatty deposit is just the formation of fat under the skin and is nothing more than a cosmetic issue. An untreated hernia can become life-threatening if it's allowed to grow. Not all vets are honest enough to tell you the difference between a hernia and a fatty deposit when it means the difference between them making money on a surgery.

Dogwood

April 18, 2010 - 12:58 pm EDT

Short session is short. Long session is where the grit meets the fire. NRA. AKC. hunt clubs and Agricultural Department should sit down and creat a humane bill that destroys sickly run mills. Poodles are hunting dogs. I have not seen a house poodle hunt in my life time except towards a leg or lap. Reason for hounds is different than the reason for minature creatures that are tortured in small dirty cages for profit.

Targa

April 18, 2010 - 5:21 pm EDT

What some concerned citizens seem to be overlooking is the correct reply to, "There ought to be a law!" which is, there is a law. The Animal Welfare Act is in place. Proof of its effectiveness is that law enforcement has taken steps to correct abusive situations involving animals of many species, including those recently making news. The so-called "puppy mill" bill (SB 460) is simply redundant. Surely, no one condones abusive treatment of animals. That's why the Animal Welfare Act exists.

Consider this. A terrible auto accident occurs. Citizens and legislators agree that a traffic light is needed at that intersection. If time passes, and yet another accident occurs at the same intersection, we do not spend tax dollars to put up yet another traffic light. That too would be redundant. Let's enforce the laws we already have.

d_random

April 18, 2010 - 7:36 pm EDT

Wrong.
Puppy mills that sell dogs directly to the public, including through internet sales, are not regulated by federal law.

Only large-scale commercial facilities that breed or broker animals for resale—to pet stores for example—are required to be licensed and inspected by the USDA because they are considered "wholesale" operations.

kloveless

April 18, 2010 - 7:26 pm EDT

Targa - I guess you missed the comments by Sheriff Barnes stating that current laws were NOT enough. We need stronger laws to stop puppy mill cruelty in NC.

pooperscooper

April 18, 2010 - 9:26 pm EDT

We do NOT need any new bills. If existing laws weren't adequate, then the situations in Wayne and Guilford counties would never have been able to have been rectified. With the state in a serious deficit, laws like this only cost more money which should go elsewhere, and are usually not enforced due to a lack of funds, a lack of manpower, a lack of interest, or any combination of the preceding. The truth is, there are far less large-scale breeders in the state than had been reported, and the vast majority of those are run with at least the minimum care required by the state or federal gov't. Any large scale operations which are selling to brokers or pet stores are required by federal law to be registered with the USDA. We don't need new laws, we need current ones enforced.

Certain organizations have also stated that after they lobby to set a numerical limit on breeders (15 in this instance), they'll work at every opportunity to reduce that number. When it's financially impossible for anyone to breed, from where will your next puppy come? This is NOT a public health issue, therefore beyond minimum care standards for ALL animal owners, defining abuse, and requiring rabies vaccinations (which IS a public health issue), the state, pardon the pun, doesn't have a dog in this fight.

BYTHEBOOK

April 19, 2010 - 9:15 am EDT

Pooper Scooper: Are you really serious? If you are, you need your medication upped. Where anyone's next dog is coming from is NOT something we have to worry about in OUR lifetime. As fast as y'all are breeding 'em, dogs & cats will always out-number humans! Gimme a break!

ForDogs

April 19, 2010 - 11:04 am EDT

Absolutely.... North Carolina euthanized 250,000 animals last year.

ForDogs

April 19, 2010 - 11:02 am EDT

If a person is doing the right thing for the dogs that they are breeding and making money off of ... how does this cost them any money other than the yearly $50 fee? If they are breeding at least 30 puppies a year - clearly they are recouping that cost without a problem.

And by the way - how many pet stores do you know of in the area that sell puppies? You only have to look in the classifieds or online to see how people are selling puppies these days & it is not at pet stores. These people currently don't fall under any regulatory agency and that is wrong and it is opening the door for abuse & that is what this law would work to prevent.

And btw - the state does a "dog in this fight" when they spend tens of thousands of dollars dealing with the aftermath of a puppy mill bust. It is county shelters that deal with the majority of that expense and money comes from the state.

ArmedAttitude

April 19, 2010 - 4:30 pm EDT

I can tell, that you have never experienced a breeding program or have been around a breeder. 30 puppies a year for one breeder is not a high number of pups. Most cases you would only have 4 or 5 litters a year. In my case more like 3 or four consider I have a female that has 10 pups per litter. And I give my females a year in between breedings.

Laws are already on the books. NC is BROKE! Enforce what we already have instead of spending more of my tax dollars.

ForDogs

April 20, 2010 - 9:18 am EDT

No, I am not a breeder - I prefer to support breed rescues and shelters while NC euthanizes 250,000 + animals a year. And I appreciate that 30 puppies may not seem like a lot if you are breeding Labs, but it is a lot if you are breeding Yorkies and there has to be a limit some where - and again this doesn't stop people from doing any thing it just means you will have to be inspected once a year. And 30 puppies at $250 - $1000 each is a business & should be regulated just like someone who is selling to pet stores.

BYTHEBOOK

April 19, 2010 - 9:17 am EDT

BTW, Pooper Scooper are you afraid we're gonna "put you outta business"?

4fairplay

April 19, 2010 - 10:09 am EDT

I think many people miss this point: "The proposed measure would allow law enforcement to act before dogs suffer". Saying they can be taken away before dogs suffer is no different than allowing the law to take away your children before you've done anything wrong. Regulation of breeders is not opposed in and of itself, but bad wording that can cause untold and unintended damage IS.
Whoever said only licensed breeders fall under the AWA (animal welfare act) is wrong. Federal law can be used to remove dogs from any owner/breeder in any state of the U.S.
It was correctly pointed out by another poster that any kennel that has been closed already should prove that there are already laws that allow for removing animals in danger. Acting on complaints and enforcement of existing laws is what is needed.

AntiARFanatics

April 19, 2010 - 11:27 am EDT

"The proposed measure would allow law enforcement to act before dogs suffer". Ahhh, so now a "pre-crime" bill is being justified. Wasn't there a Sci-Fi movie about that? Isn't that unconstitutional? Sure gives AC a LOT of authority to make their own decision--black or white--no gray areas? Bills like this are NOT considering the public good or public safety. They are empowerment-of-anti-breeding groups--aka "animal rights" industry supporters. If the H$U$ gives model language for a bill, you can BET your last dollar that it is anti-breeder and AR-backed---making breeding animals expensive (think: high licening fees and penalties), unpleasant (think: persecution of breeders), and socially unacceptable (think: AR "propaganda mill" BIG LIES).

ForDogs

April 19, 2010 - 12:00 pm EDT

This bill says someone has to be inspected once a year and meet basic standards of animal care that the NC Department of Ag. will put in place and if someone is in violation they have an opportunity to come into compliance. You need to read the bill before you make comments that aren't based in fact.

"Isn't that unconstitutional?" No. It is the same as restaurant inspections. There are standards in place - they have inspections to make sure businesses are meeting those standards and if they aren't they have an opportunity to come into compliance & if they choose not to come into compliance there are penalties like fines or being shut down. Why should these puppy-based businesses that involve living creatures - be subject to less strict regulations than restaurants and other businesses that require inspection?

I still find it difficult to believe that any breeder who is breeding dogs responsibly would have a problem with this bill. If you aren't mistreating your dogs ... why are you afraid of a yearly inspection. And is ANYONE seriously going to try to say that the regulations that the NC Dept of Ag will put in place are going to be difficult to meet? I think we all know that the standards will be the bare minimum.

And how do these minimum standards and a $50 fee make breeding animals expensive? If you are meeting these minimum standards there are no penalties.

Give me a break. I'm so sick of this slippery slope "I care about puppies & I hate puppy mills, but they don't want there to be any more dogs...." BS.... the people who aren't in favor of this bill are NOT people who LOVE DOGS - they are people who LOVE to make MONEY off dogs and don't really care about dogs at all.

ForDogs

April 19, 2010 - 11:45 am EDT

Right now there are no regulations outside of cruelty laws that protect animals that are being bred for profit and sold directly to the public (not to pet stores, etc). This is ridiculous.. and it is the dogs & puppies that suffer as a result. How many more puppy mill busts have to happen in North Carolina for people to realize that obivously what we are doing now isn't working.

@ fairplay - "saying they can be taken away before dogs suffer... " read the proposed bill! There is an opportunity for breeders to come into compliance with BASIC standards of care before animals are removed. And by the way - if it isn't in regards to animal fighting our state animal cruelty laws suck (that's why there is a need for Susies Law - look it up) & situlations shouldn't have to get to that extreme before we say ... this is unacceptable & something needs to change.

What kind of "hobby" breeders have more than 15 intact female dogs? That isn't a hobby.. that isn't breeding your favorite family pet once every few years. That is a business and like other businesses it should be regulated. This law doesn't limit the number of animals a person has it just says that they have to be inspected once a year & pay a $50 fee. That doesn't sound unreasonable to me. Anyone who loves animals should be in favor of this law!

KimberlyGSO

April 19, 2010 - 2:37 pm EDT

[ “What that bill will do is capture too many of the hobby breeders,” Wallis said. “It will put hardship on those breeders such that they would have to have commercial-level facilities to be able to breed.” ]

There are people out there who breed over-populated animals for fun? That's sick! Of course these animals deserve commercial-level facilities.

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