Puppy Profits: State laws lack bite

BY OMER GILLHAM World Staff Writer
Tuesday, October 23, 2007
10/23/07 at 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.

Associated Images:

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.

As an inspector for the American Kennel Club, Stacy Mason inspected 360 kennels and hobby breeders last year in Oklahoma.

AKC inspector Stacy Mason conducts a routine inspection of Valley Kennels owned by Bill and Rosemary Mounce in Locust Grove. The kennel passed the inspection with high marks for sanitation, care and proper records.

English bulldog puppies receive special care at Valley Kennels in Locust Grove. Their indoor pens are inspected by Stacy Mason while kennel owner Rosemary Mounce helps out with the inspection.

Rosemary Mounce recently passed an AKC inspection. She is shown holding one of her puppies, while Stacy Mason performs a DNA swab as part of the AKC pedigree identification program.