Puppy Profits: State laws lack bite
An inspector with the American Kennel Club gathers a DNA sample from an English bulldog puppy. AKC spends $6 million annually to monitor the quality of AKC kennels across the United States in addition to tracking the bloodline of pedigree dogs.
  


By OMER GILLHAM World Staff Writer
10/23/2007
Last Modified: 10/23/2007  9:20 AM




Related story: Puppy Profits: A state embraces reform




Search an inspection database of licensed breeders and brokers, view videos and a slide show and read previous stories in the series.




For 15 years, efforts to tame puppy-mill operations have failed.



Oklahoma has a history of failed attempts to legislate puppy mills, reaching at least to 1991.

For the past 15 years, Oklahoma lawmakers have neglected legislation that would have tamed puppy-mill operators while protecting consumers against unscrupulous breeders.

Oklahoma is one of the largest puppy-producing states without state regulations for commercial breeders, records show.

Oklahoma ranks second in the nation in terms of the number of dog breeders and brokers, with 645 federally licensed breeders and 57 brokers, records show.

Missouri and Pennsylvania are roughly tied for first place when considering Pennsylvania breeders licensed by the state and
the U.S. Department of Agriculture.

Rep. Lee Denney, R Cushing, said the time has come to reconsider the puppy-mill issue in Oklahoma. Denney has requested an interim study that could produce a puppymill bill next year in the Legislature.

In addition to being a lawmaker, Denney is a veterinarian and co-owner of Veterinary Medical Associates near Drumright.

‘‘We want to look at legislation that would police these large puppy mills because they have poor sanitary conditions that promote diseases and harm the animals,’’ Denney said.

‘‘If the breeders are not going to police themselves, and they appear not to be doing so, then we are going to do it for them.’’

The USDA regulates Oklahoma breeders and brokers through the federal Animal Welfare Act. The 1966 act is enforced by the USDA’s Animal and Plant Health Inspection Service.

Oklahoma has an untold number of puppy mills hidden in garages, sheds and rural areas out of the reach of the USDA, industry officials said.

Meanwhile, the state has many breeders registering their animals with the American Kennel Club, said AKC inspector Stacy Mason.

The breeders agree to follow guidelines of AKC’s Care and Condition Program for their animals.

A recent AKC inspection included a quality kennel owned by Rosemary Mounce in Locust Grove.

“I don’t think people realize the work it takes to care for the animals and to operate a quality facility within the guidelines,’’ said Mounce, who passed her AKC inspection.

Mason inspected 360 AKC kennels and individuals last year as part of AKC’s care and condition program.

‘‘Most of the breeders we inspect do a good job, but it just takes a few bad apples to give everyone a bad name,’’ Mason said.

While federal regulations require USDA breeders to provide adequate housing, food and veterinary care, some uncaring breeders are dodging the rules.

Federal regulations address wholesale sales, meaning that unlicensed breeders can sell an unlimited number of puppies directly to the public and avoid federal guidelines.

This has become known as a loophole in the Animal Welfare Act.

While the state interim committee is gathering information, the World has obtained a rough draft of a puppy-mill bill circulated by individuals aligned with the committee’s work.

Known as the Oklahoma Pet Quality Assurance and Protection Act, the bill would establish state regulations for Oklahoma breeders.

‘‘You have to understand that this is a working document and the wording is up for revision,’’ said Dr. Charles Helwig, executive director of the Oklahoma Veterinary Medical Association. ‘‘This is something that could look very different when it is done.’’

Helwig said his office is helping lead efforts to regulate commercial breeding in Oklahoma.

The current wording of the measure would require breeders to be licensed by the state if the person sells or gives away 25 or more animals in one year. The measure includes licensing of pet stores, dealers and rescue shelters handling 25 or more animals a year.

The proposal calls for kennel inspections, fines and a puppy lemon law that would allow consumers to seek a reimbursement for puppies with a genetic disorder.

Denney said lawmakers may consider restricting certain aspects of the bill to improve its chance of passage.

‘‘I am aware of the early wording, but this is not a puppy lemon law,’’ Denney said. ‘‘And we are not going after the backyard breeder who has one dog and has a litter for the kids to see and to sell or give away.’’

A puppy mill is characterized by numerous breeding animals kept in small cages in unsanitary conditions with insufficient food and veterinary care.

The dogs are usually small breeds that save space and bring huge profits for the owners.

In the past, Oklahoma’s puppy-mill legislation died without making it out of committee, Senate staff said.

Since 1991, there have been at least two legislative studies on puppy mills.

One study identified the Department of Agriculture as the state agency that would conduct kennel inspections.

Former Rep. Howard Cotner, 81, was part of the effort to pass puppy-mill legislation in 1991.

‘‘I introduced the bill because I had read stories about puppy mills and I saw the pictures and it was sickening to see what was happening,’’ said Cotner, a Democrat, who served 26 years in the House.

‘‘I imagine not much has changed since 1991. It is probably worse since there is no one to regulate it.’’

Seventeen states have puppy lemon laws while 26 states have state licensing or regulations on commercial dog breeding, according to the Humane Society of the United States.

Pennsylvania is considered a leader in state regulations, spending $7.6 million on licensing, inspection and enforcement and employing 53 inspectors, state officials said.

Gary Phillips, president of the Northeast Chapter of Oklahoma Pet Professionals, said state regulations would have the effect of punishing USDA breeders who are already regulated by federal law.

‘‘The problem with (state) legislation is that they will come after those with the USDA license because they have your address,’’ said Phillips of Adair. ‘‘They will take the easy fees but they won’t put any money toward going after the backyard breeders and puppy mills.’’

Helwig said his office has visited with breeders about their concerns.

‘‘We don’t want to put a burden on people doing a good job,’’ Helwig said. ‘‘We hope to address that concern.’’

Meanwhile, the Internet has broadened the retail loophole in USDA regulations governing commercial breeding, said U.S. Rep. Sam Farr, a congressman from California.

Farr is a Democrat with a long history of fighting for puppy-mill regulations. He was one of the authors of California’s puppy lemon law in the 1990s.

Farr said the Internet has created a retail problem that was not foreseen when the Animal Welfare Act was passed.

‘‘We have to close that loophole so that the consumers are protected and the animals are treated safely and humanely,’’ Farr said.

‘‘There were no noticeable Internet sales 10 years ago, so this is a new area. This is all about consumers and protecting them and the animals.’’

At the federal level, Farr helped introduce legislation in 2005 to bring puppy mills under federal regulations. The bill failed to make it out of committee.

Known as the Pet Animal Welfare Statute (PAWS), the measure would have required anyone selling more than 25 dogs or cats a year to be licensed as a breeder under the Animal Welfare Act. Farr said he is considering reintroducing the measure this year.

‘‘If you pass a law like this, I learned that the media is really important to its success,’’ Farr said. ‘‘We passed the law in California but the consumer reading about it got the retailers’ attention.’’

While breeders tend to be suspicious of new regulations, not all Oklahoma breeders oppose state regulations if they are done properly.

‘‘If they could take the USDA regulations for wholesale sales and apply them to retail sales without adding another layer of rules to USDA breeders, it could work,’’ said Carl Cannon, a breeder from Centrahoma and president of the South Central Chapter of Oklahoma Pet Professionals.



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Report Comment
Tired of the hack job, Tulsa (10/23/2007 4:06:14 AM)
Another day, another attempt to paint small breeders as puppy mills.

I repeat the question I asked last time. Is the Tulsa World going to return all that nasty money it made from the HUNDREDS of pet sales classifieds featured right here on this website, or is only bad for others to make money from puppy sales?

Shame on you. Either you are being hypocritical in profiting from that nasty old puppy industry in Oklahoma, or you have grossly exagerated the actions of a few disreputable breeders for the sake of sensationalism and profit. Which one is it?

Report Comment
Arfy, (10/23/2007 8:01:56 AM)
When are you going to donate some of the money you made being a puppy mill # 1?
Report Comment
Joe, Tulsa (10/23/2007 8:03:15 AM)
This series of articles has so far focused on a lot of bad and very little good. To say all breeders are bad is wrong and to as with this article, we see people starting to carve out little niches for themselves, it's ok to regulate the other guy but not me, or not the individual back yarder, or the guy who says he is a hobby breeder etc..

Most concerning is the author does not seem to demonstrate a working knowledge of what is legal and what is not, Even as far to say Pennsylvania leads the nation in regulation and inspection, is so far from the truth, the validity of the reporting is becoming suspect.

Inconsistencies within the regulations of the USDA and even from inspector to inspector, has long been a problem.

Lets us not forget, the government can not always be trusted to do a good job for us, they usually do a good job on us. Most Americans who live in the Midwest are honest, independant,and self reliant who reject governmental intervention of any kind.

Mention was made of the PAWS bill this was an attempt by the AKC and the HSUS to become appointed as the nations dog police. Which in our thinking is an excellent example of how far off base and uninformed the public actually is about the organizations. First the AKC is a "DOG Registry", nothing more and nothing less, The HSUS is one of the most successful fund raising organization in the United States, second only to the Red Cross, On closer review you will find huge salaries and expenses and very little as a percentage of the money ever goes to the benefit of any animal, We must give credit to the HSUS and the SPCA where credit is due, they successfully brutally kill more companion animals than anyone world wide.

Legislators who are looking forward to grabbing some press should remember the consequences, suffered by Sen. Sanitorium, PA he was the primary sponsor of PAWS. He has since been sent home in defeat... good riddance

Animal lovers nationwide sent millions in contributions to anyone who would run against him.

The message here is clear "Don't mess with the rights of Americans to have and own pets."

Not wanting to stray to far from the subject of Oklahoma's problems. We need to see a logical study of the entire industry, and the pitfalls as they exist. Caution needs to be taken when you start to put things on paper. and we must maintain respect of the individuals rights and his property rights. We must remember that while we as a people love our companion animals, we must not forget the fact that these animals are domesticated animals, what makes us think a dog or a cat is more important than a horse or a cow. The major difference is we don't eat cats and dogs here in America

To an intelligent thinker, you can see the problems presented in regulation expand rapidly, Who is the problem? Where do you start? Who is going to pay for it in the end?

There are far to many venues to allow one group to dominate input, Breeders need to be involved in the regulations for breeders, a statewide oversight organization for regulation input should be created and the committee should consist only of professional breeders who are in good standing. Self regulation is the key to successful development of any organization, when you start bringing in people with hidden agendas to destroy an industry segment, you will never have meaningful reform.

Local cities need to have local mandate for animal control in their jurisdiction. Each city or township needs to establish the regulations to be consistent with the needs and thinking of their community. A good example would be dog licensing and spay and neuter laws, community specific. The local cities need to over see and implement a local policy to allow shelters to kill or "Not Kill"

Stray animals.

Dog dumping and abandonment needs to be addressed with a mandatory microchip program so when a dog or cat is found to be abandoned the expenses for their rescue and or demise will be born by the owner of record, plus

Report Comment
Abby, Tulsa (10/23/2007 8:46:58 AM)
Instead of advertising all of these puppy mills, why doesn't the Tulsa World do the right thing and do a feature on animal rescue groups? Take a couple of weeks and recognize the real heroes. The rescue people who have to clean up the messes that these breeders leave behind. There are so many good rescue groups in the Tulsa Area. ARF, HALO, Animal Aid, Tulsa Boxer Rescue, Small Paws, Lab Rescue, Poodle Rescue, and many others!!!!!!!!!!!! Those are the people who need the publicity!!!!!!!!!!!!
Report Comment
Animal Lover, (10/23/2007 9:00:59 AM)
I was quite excited to see the beginning of this series on Sunday...now, I'm just more irritated and completely fascinated by the misquided ignorance that appears to run rampant through Oklahoma and other states. The main purpose of any regualtion should be for the WELFARE of the animals...not to further pad the pockets of the so-called "breeders". If you can't abide by the rules to come, then get out of the business! You're not in it for anything other than the thousands of dollars uneducated and unsuspecting consumers will spend to get that cute little puppy. I also a wee bit disgusted with Rep Denney's comments regarding the "backyard breeder" or the family who wants the kids to see the birth of puppies...it's exactly THOSE kinds of people along with the commercial breeders that contribute to the overwhelming pet population. Little Joey sits on 71st street to sell the puppies to pad the pockets of mom and dad. Meanwhile, puppies go home with unprepared families who pulled up to a stoplight, saw some dogs and decided to buy one! Folks, there are so many DOGS and CATS at PetsMart that need homes...and guess what, they're cheaper, they come with updated shot records, heartworm treatments and are spayed/neutered so that YOU won't further contribute to the pet problem. All of my pets are fixed, I'm not a breeder, I don't need my kids to watch "the miracle of birth" in person, I don't show my dogs and I'm not even sure if they are the best examples of their breeds both health-wise and look wise. So why wouldn't I fix them? I am not against organized, regulated dog breeding....I think that it should be monitored. I'm not sure if the USDA is exactly the right organization to monitor the pet industry, but I desperately believe that someone needs to speak for the animals....I agree that breeders should be the voice for the regulations, but I think the true definition of breeder needs to be thoroughly thought out. I'm not sure that Joe Schmoe should be considered a compasionate, educated breeder because he has 10 different breeds of dogs that spit out hundreds of puppies each year...he's exactly the sort of person that needs to be booted out!
Report Comment
hate puppy mills, tulsa (10/23/2007 10:36:02 AM)
Could anything make Oklahoma more white trash than a bunch of dogs all in one pin barely getting fed. I am so tired of people making money off of poor animals. If you cant afford to take GOOD care if your pets then DONT get them.
Report Comment
Ester, Sapulpa (10/23/2007 10:43:09 AM)
Curiously,