Puppy Mills - Virginia Legislation
Virginia has been ranked high in providing humane animal welfare compared to other states by organizations such as the Humane Society of the United States (HSUS), who ranked Virginia as the 4th most humane state in the country. Virginia’s regulation of breeding with required licensing, limits on number of breeding dogs, and restriction on the sale of animals at outdoor and/or flea markets has contributed to its higher score.
Specifically, Virginia Code (§3.2-6507.2) limits commercial breeders to no more than 50 breeding dogs. Breeding females between the age of 18 months and 7 years are permitted after annual certification of the females’ health for breeding by a veterinarian. This code section also provides for inspection of breeder records, animals, and facilities.
Virginia Code (§3.2-6512) regulates that pet shops operating in the Commonwealth post in a
conspicuous place on or near the cage of any dog or cat available for sale the breeder’s name, city, state, and USDA license number. A USDA licensed dealer who advertises any dog or cat for sale in the Commonwealth, including internet advertisement, must provide the same information prior to the sale.
Virginia Code (§3.2-6500) defines “adequate” animal care, exercise, feeding, shelter, space, and water; and in (3.2-6511) provides penalties for dealers and pet shops that fail to provide adequate care.
Further, Virginia Code (§3.2-6511.1) requires pet shops to procure animals only from USDA licensed breeders or animal shelters/humane societies.
While Virginia codes and regulations may be more extensive than in many states, they still have not been sufficient to prevent the sale of animals that come from large commercial breeding operations in other states, where animals are bred and raised as livestock, and often present with poor physical condition, poor health, and/or mental issues. This inhumane treatment and resulting impact to consumers has led several individuals and animal welfare groups to push for further restrictions on live dog/cat sales in Virginia.
Background
Beginning as early as 2006, localities across the country began banning retail pet store puppy sales. By 2017, 263 ordinances had been passed in municipalities and counties in 20 States. According to Best Friends, there are no Virginia municipalities or counties that have such bans in place.
In October 2017, California became the first to enact a statewide ban (AB-485): “a pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the dog, cat or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals...... “.
Early in 2018, Maryland followed suit and signed its statewide prohibition (HB-1662) of a “retail pet store from offering for sale, transferring, or otherwise disposing of cats or dogs.”
Virginia animal advocates have been working to achieve the same type of prohibition in the Commonwealth.
Virginia Puppy Mill Legislation
2014 Session
In 2014, Senator Chap Petersen (D-34th District) sponsored SB 228 (also known as Bailey’s Law, a beagle who is a puppy mill survivor) to provide for more vigorous regulation of pet stores. This bill was signed into law and provides additional protection for consumers:
2015 Session
Puppy mill dogs are not just sold in pet stores. Senator Bill Stanley introduced bill SB1001, which ultimately prohibited “the sale or display of a dog or cat on or in a roadside, parking lot, flea market, or similar place, with certain exceptions. The bill limits the sources of pet shop dogs to humane societies, public or private animal shelters, and those who meet certain qualifications and establishes a recordkeeping requirement for pet shops selling dogs. The bill also applies the existing misdemeanor penalty for a violation of the section to each dog sold or offered for sale.” This bill was signed into law the same year.
2017 Session
In the 2017 Virginia General Assembly session, Senator Lynwood Lewis (D-6th District) introduced SB 1204, related to the “sale of dogs or cats not obtained from releasing agency or animal rescue”. This bill would have authorized localities to adopt ordinances prohibiting the sale in a business of any dog or cat that was not obtained from a Virginia releasing agency or nonprofit animal rescue organization.
The bill passed both the Senate Agriculture Committee and the full Senate floor with a 40-yes, 0-no vote. The companion bill (HB 2116) was introduced in the House by Delegate Mark Keam (D-35th District) and was defeated in the House Agriculture Subcommittee along party lines. Thus, the bill was not put up for a full House vote and was killed.
Also in 2017, Senator Bill Stanley brought forth bill SB 852, which when it passed, prohibited “any companion animal dealer who is not licensed or exempted from licensure by the U.S. Department of Agriculture (USDA) from selling any dog to a pet shop. The bill prohibits a pet shop from procuring a dog from a person who has received citations for one critical violation or three or more noncritical violations from the USDA in the two years prior to receiving the dog. The bill prohibits a pet shop from selling a dog procured from someone who knowingly obtained the dog directly or indirectly from a person with such citations.” While this new law is certainly helpful, keep in mind the requirements a breeder needs to meet to be licensed by the USDA – they can still be puppy mills by our definition. This bill helps to tighten the law a bit when it comes to where pet stores can get their puppies, but it does not stop Virginia pet stores from obtaining puppies from puppy mills.
2018 Session
In the 2018 General Assembly session, Senator Lewis again introduced a bill similar to the 2017 submission. SB 217 related to the “sale of dog or cat not obtained from releasing agency or animal rescue; prohibition. Authorizes localities to adopt ordinances prohibiting the sale in a pet shop of any dog or cat that was not obtained from a Virginia releasing agency or a nonprofit animal rescue
organization. The bill provides that a violation of the ordinance shall be a Class 1
misdemeanor.”
SB 217 was assigned to the Senate Agriculture Committee, but this time met with opposition within the committee. The bill was heard in committee on multiple days with high attendance and lengthy testimony from pro and con parties. After the first hearing, the committee chairman suggested that changes be made to the language. Though the language was amended, the bill did not find favor and the committee voted to “continue” it to 2019 in a 14-yes, 0-no vote. Senator William Stanley (R-20th District) likely saved the bill from full defeat by mandating that a letter be sent to the Virginia Secretary of Agriculture directing that data be collected on the origin and condition of puppies sold in Virginia pet stores.
In the House, Delegate Jennifer Boysko (D-86th District) sponsored the companion HB-270, assigned to the House Agriculture Subcommittee, which was later withdrawn from committee by an 8-yes, 0-no vote.
These actions effectively “killed” any opportunity for a pet store puppy mill ban or permitting ordinance in Virginia in the 2018 General Assembly Session.
Future Sessions
We are hopeful that with a more animal-friendly General Assembly, additional research, and strong animal advocates, we can follow in the footsteps of California and our neighbor Maryland, and pass a statewide pet store ban of puppy mill dog sales.
Sources:
www.leginfo.legislature.ca.gov
www.mgaleg.maryland.gov
www.lis.virginia.gov
www.humanesociety.org
https://blog.humanesociety.org/2018/01/california-ranks-nations-humane-state-dakotas-mississippi-bottom-list.html?credit=blog_post_blog_post
https://bestfriends.org/resources/states-retail-pet-sale-bans
“Virginia Comprehensive Animal Law Handbook, 2017-2018 Edition”, Virginia Animal Control Association (VACA)
http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB852
http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB1001S
Specifically, Virginia Code (§3.2-6507.2) limits commercial breeders to no more than 50 breeding dogs. Breeding females between the age of 18 months and 7 years are permitted after annual certification of the females’ health for breeding by a veterinarian. This code section also provides for inspection of breeder records, animals, and facilities.
Virginia Code (§3.2-6512) regulates that pet shops operating in the Commonwealth post in a
conspicuous place on or near the cage of any dog or cat available for sale the breeder’s name, city, state, and USDA license number. A USDA licensed dealer who advertises any dog or cat for sale in the Commonwealth, including internet advertisement, must provide the same information prior to the sale.
Virginia Code (§3.2-6500) defines “adequate” animal care, exercise, feeding, shelter, space, and water; and in (3.2-6511) provides penalties for dealers and pet shops that fail to provide adequate care.
Further, Virginia Code (§3.2-6511.1) requires pet shops to procure animals only from USDA licensed breeders or animal shelters/humane societies.
While Virginia codes and regulations may be more extensive than in many states, they still have not been sufficient to prevent the sale of animals that come from large commercial breeding operations in other states, where animals are bred and raised as livestock, and often present with poor physical condition, poor health, and/or mental issues. This inhumane treatment and resulting impact to consumers has led several individuals and animal welfare groups to push for further restrictions on live dog/cat sales in Virginia.
Background
Beginning as early as 2006, localities across the country began banning retail pet store puppy sales. By 2017, 263 ordinances had been passed in municipalities and counties in 20 States. According to Best Friends, there are no Virginia municipalities or counties that have such bans in place.
In October 2017, California became the first to enact a statewide ban (AB-485): “a pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the dog, cat or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals...... “.
Early in 2018, Maryland followed suit and signed its statewide prohibition (HB-1662) of a “retail pet store from offering for sale, transferring, or otherwise disposing of cats or dogs.”
Virginia animal advocates have been working to achieve the same type of prohibition in the Commonwealth.
Virginia Puppy Mill Legislation
2014 Session
In 2014, Senator Chap Petersen (D-34th District) sponsored SB 228 (also known as Bailey’s Law, a beagle who is a puppy mill survivor) to provide for more vigorous regulation of pet stores. This bill was signed into law and provides additional protection for consumers:
- “Pet dealers; diseased animals; veterinary certificate. Requires a pet dealer to reimburse certain veterinary fees when a consumer returns or retains a diseased dog or cat that has been certified by a veterinarian as being unfit for purchase. Current law require(d) the pet dealer to refund the purchase price or exchange the unfit pet for a pet of equivalent value. The bill extends the return or reimbursement period from 10 to 14 days in the case of an animal infected with parvovirus and eliminates the condition that the animal be described as pedigreed. The bill also requires a pet shop or licensed dealer to provide the identity of the breeder of each dog or cat for sale and incorporates information about the refund provision into the text of the required notice document. The bill requires certain dealers to record and post certain information about the breeder of each animal.”
2015 Session
Puppy mill dogs are not just sold in pet stores. Senator Bill Stanley introduced bill SB1001, which ultimately prohibited “the sale or display of a dog or cat on or in a roadside, parking lot, flea market, or similar place, with certain exceptions. The bill limits the sources of pet shop dogs to humane societies, public or private animal shelters, and those who meet certain qualifications and establishes a recordkeeping requirement for pet shops selling dogs. The bill also applies the existing misdemeanor penalty for a violation of the section to each dog sold or offered for sale.” This bill was signed into law the same year.
2017 Session
In the 2017 Virginia General Assembly session, Senator Lynwood Lewis (D-6th District) introduced SB 1204, related to the “sale of dogs or cats not obtained from releasing agency or animal rescue”. This bill would have authorized localities to adopt ordinances prohibiting the sale in a business of any dog or cat that was not obtained from a Virginia releasing agency or nonprofit animal rescue organization.
The bill passed both the Senate Agriculture Committee and the full Senate floor with a 40-yes, 0-no vote. The companion bill (HB 2116) was introduced in the House by Delegate Mark Keam (D-35th District) and was defeated in the House Agriculture Subcommittee along party lines. Thus, the bill was not put up for a full House vote and was killed.
Also in 2017, Senator Bill Stanley brought forth bill SB 852, which when it passed, prohibited “any companion animal dealer who is not licensed or exempted from licensure by the U.S. Department of Agriculture (USDA) from selling any dog to a pet shop. The bill prohibits a pet shop from procuring a dog from a person who has received citations for one critical violation or three or more noncritical violations from the USDA in the two years prior to receiving the dog. The bill prohibits a pet shop from selling a dog procured from someone who knowingly obtained the dog directly or indirectly from a person with such citations.” While this new law is certainly helpful, keep in mind the requirements a breeder needs to meet to be licensed by the USDA – they can still be puppy mills by our definition. This bill helps to tighten the law a bit when it comes to where pet stores can get their puppies, but it does not stop Virginia pet stores from obtaining puppies from puppy mills.
2018 Session
In the 2018 General Assembly session, Senator Lewis again introduced a bill similar to the 2017 submission. SB 217 related to the “sale of dog or cat not obtained from releasing agency or animal rescue; prohibition. Authorizes localities to adopt ordinances prohibiting the sale in a pet shop of any dog or cat that was not obtained from a Virginia releasing agency or a nonprofit animal rescue
organization. The bill provides that a violation of the ordinance shall be a Class 1
misdemeanor.”
SB 217 was assigned to the Senate Agriculture Committee, but this time met with opposition within the committee. The bill was heard in committee on multiple days with high attendance and lengthy testimony from pro and con parties. After the first hearing, the committee chairman suggested that changes be made to the language. Though the language was amended, the bill did not find favor and the committee voted to “continue” it to 2019 in a 14-yes, 0-no vote. Senator William Stanley (R-20th District) likely saved the bill from full defeat by mandating that a letter be sent to the Virginia Secretary of Agriculture directing that data be collected on the origin and condition of puppies sold in Virginia pet stores.
In the House, Delegate Jennifer Boysko (D-86th District) sponsored the companion HB-270, assigned to the House Agriculture Subcommittee, which was later withdrawn from committee by an 8-yes, 0-no vote.
These actions effectively “killed” any opportunity for a pet store puppy mill ban or permitting ordinance in Virginia in the 2018 General Assembly Session.
Future Sessions
We are hopeful that with a more animal-friendly General Assembly, additional research, and strong animal advocates, we can follow in the footsteps of California and our neighbor Maryland, and pass a statewide pet store ban of puppy mill dog sales.
Sources:
www.leginfo.legislature.ca.gov
www.mgaleg.maryland.gov
www.lis.virginia.gov
www.humanesociety.org
https://blog.humanesociety.org/2018/01/california-ranks-nations-humane-state-dakotas-mississippi-bottom-list.html?credit=blog_post_blog_post
https://bestfriends.org/resources/states-retail-pet-sale-bans
“Virginia Comprehensive Animal Law Handbook, 2017-2018 Edition”, Virginia Animal Control Association (VACA)
http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB852
http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB1001S
