A flurry of lawsuits and countersuits in recent months between Chillicothe-based retailer Petland, consumers and animal-rights activists have drawn attention to the business of puppies and the controversial practices that critics allege are used when raising them.
On Friday, Aug. 7, a federal district court in Arizona dismissed a class action lawsuit that was filed against Petland Inc. and the Hunte Corp. Unhappy pet owners had filed the suit alleging the retailers sold unhealthy puppies raised by big distributors in substandard conditions. The Humane Society of the United States had supported the owners. Locally, Petland has stores in Beavercreek, Butler Twp. and Piqua.
Despite the dismissal of the lawsuit, measures aimed at putting more controls on commercial dog breeders — including the creation of a state-level regulatory regime for kennels, the imposition of annual kennel fees based on the number of puppies born and setting age limits on breeding dogs — are being debated by Ohio lawmakers, animal-rights groups and dog breeders.
Polly Britton, a legislative agent for the Ohio Association of Animal Owners, said her organization’s members support laws that promote responsible breeding practices.
But the organization believes the proposed measures — House Bill 124 and Senate Bill 95 — would harm not only large breeders by increasing their operating costs, but also knock small breeders out of the business, too.
“They’re out to shut down dog breeding, period,” Britton said.
Ohio Sen. Jim Hughes, a sponsor of SB 95, said the state has plenty of good breeders. The Columbus Republican said the bill seeks to eliminate the bad ones from the mix, which ultimately would help those who run a respectable business.
If the bills’ detractors can suggest ways to improve the bill, Hughes said he would be glad to listen, but he has no interest in sitting still on the issue.
“The issue won’t go away by sweeping it under the rug,” he said. “If you don’t like something I have, I am more than willing to make a good piece of legislation better.”
The measures — which remain in committee — are aimed at stopping abusive breeders who keep dogs in cramped, dirty or disease-ridden kennels and who breed dogs with genetic problems or illnesses. They also set forth other steps, such as setting age parameters for dogs used in breeding and establishing state inspections. The goal is not to end all dog breeding in the state, Hughes said.
“If they’re doing a good job, then there are no problems with this,” said Hughes, who hopes to bring the Senate version of the bill to a vote in the fall. Breeders and industry advocates say the bills as proposed would saddle legitimate breeders with additional costs and rules, could affect even small-scale breeders and drive many out of business.
Ohio isn’t alone in weighing new regulations for commercial breeders. Legislatures in Oregon, Tennessee and Washington have passed laws capping the number of unsterilized dogs a breeder can own, setting housing and exercise requirements and mandating disclosures about an animal’s health and genetic histories.
Britton said her organization supports inspections but wants them done at the county level. The association would support fees to pay for them, she said.
Such oversight now falls to the U.S. Department of Agriculture and to county dog wardens and other local authorities.
The USDA licenses commercial breeders and companies that sell domestic animals to pet stores or research facilities, said Jessica Milteer, a USDA spokeswoman. The agency inspects USDA-licensed facilities at least once a year.
Large-scale dog breeding occurs only in a few areas of Ohio, such as Holmes and Geauga counties, said Mark Kumpf, director of the Montgomery County Animal Resource Center.
“We thankfully don’t appear to have any of the large-scale commercial-breeding operations in Montgomery County,” he said. “But we still see the effects here.”
Kumpf said people who purchase dogs with congenital health problems often drop the animals off at the shelter because the owners cannot afford to care for them.
“A lot of the issues you have with these commercial enterprises is you have the results of some very poor breeding practices,” he said.
Stephanie Shain, senior director of the Humane Society of the United States’ puppy mill campaign, estimates there are 10,000 mills in the country.
As the market has shifted, with more consumers buying directly from wholesalers and through out-of-town vendors who market dogs online, her organization has seen a proliferation of ‘mini’ mills — those tucked away in suburban areas and that house perhaps 30 dogs, she said.
“They’re just stacked in cages in a garage or a shed or something,” she said. “They don’t necessarily operate only out in the middle of nowhere.”
About the Author