HOW TO IMPLEMENT AND ENFORCE THE WEST VIRGINIA “PUPPY MILL LAW”
Tara Loller Policy Implementation Manager, Puppy Mills Campaign • Puppy Mills Campaign • Establish relationships • Work with agencies to partner on effective enforcement • Animal Rescue Team • Humane Officer for PA
Examples of Complaints from our Tip Line in the last year • “These people are operating a Labrador Retriever puppy mill! There are countless overbred and undernourished dogs on their property. The puppy I purchased has many health problems and genetic defects and I suspect inbreeding caused this. The living conditions are nasty and the owners hide when someone comes to the property unannounced! Please stop this !” • “Woman posted an ad on Craigslist before Christmas looking for a Jack Russell Terrier puppy. A woman contacted her from West Virginia offering a purebred puppy for $75. They decided to meet on Sunday to pick it up. The seller gave some excuse about going to their house, so they offered to meet at a grocery store. When they picked him up, he was dirty and smelled bad. The complainant brought the puppy to the vet the next day and it was severely dehydrated, was skinny and had an infection due to the worms. It tested negative to Parvo luckily. Has contacted local authorities and a shelter to report her, but no one has been able to help her. They told her she could hire a lawyer and take her to small claims court .”
“ Our Chihuahua that we purchased from Mrs. X was in so much misery from the amount of fleas he had, his ears are scarred for life from scratching at the fleas and from the fleas feeding on the open wounds that were on each of his ears, just very bad shape when we got him. She had told us he was coming from a home environment so we assumed he would have interaction with other people and animals, however he is terrified of people even though he is now comfortable with us and he is terrified of other dogs. We are just very concerned about the well being of her other animals that she told us she breeds because if he was in this bad of shape knowing she had a buyer for him, I am afraid of what the animals she currently is breeding and those pups. Please check on these animals and their living conditions, no animal should have to suffer like this, thanks”
“The puppy has a serious heart condition which multiple vets have said was due to her inbreeding the puppies. She denies this of course. The puppy needs surgery to repair her heart or the vet says "she won't live past 1 year". Of course they have already fallen in love with her and have paid $600.00 already to have an echocardiogram done. She will have the surgery by a very specific Vet who is among the few who can perform the procedure .” “ I ultimately would like to see her shut down. How many sick animals is she willing to breed with no regard for these animals? Endless, from her history. We are also going to pursue this with the AKC as she "registers" these pups. She also said that she had all their shots necessary before being sent home. My son called the vets who she named and was told that "I haven't given any of her puppies shots in over 6 years or more. ” “ Can you do anything to help prevent her from staying in business or at least be followed up to make sure it's done in a manner that won't cause any further pain on either the owner's or pup's behalf? My son is working every night of the week for the entire month to pay for this little girl pup “Lily's " surgery. She claims to breed 60 puppies a month. If this isn't a puppy mill I would like to have the definition of what is .”
What do puppy mills look like?
What do puppy mills look like?
What do puppy mills look like?
Extreme dental issues, matting
Environmental Impacts The Whispering Oaks kennel situation here in WV highlighted some of the environmental impacts from puppy mills • Water Pollution – Animal waste polluted nearby waterways – Significant bacteria and ammonia nitrogen levels • Air Pollution – Ammonia, methane, and hydrogen sulfide impact • Solid Waste – Plastic feed bags, building materials dumped on property • Hazards to Workers – Worms, Giardia, ammonia irritation
The Commercial Breeders Law was passed in July of 2013 • Covers commercial breeding operations • Enforced by local authorities • Established kennel fees and inspections
Why did the legislature feel the law was needed? • SB 437 was developed to address breeding operations that were moving into West Virginia from neighboring states that had recently implemented tougher laws • In addition, West Virginia had its own native breeding operations that would benefit from enforcement – such as Whispering Oaks Kennel – 1000 dogs • With the enactment of SB 437, West Virginia becomes the 20 th state to require license and inspections
Let’s start with definitions used in the law – who is a commercial breeder? • Any person who maintains 11 or more unsterilized dogs over the age of one year for the purpose of actively breeding • Is engaged in the business of breeding dogs as pets for direct or indirect sale or for the exchange in return for consideration
Who is NOT a commercial breeder? • Any person who keeps or breeds dogs for the purpose of herding/guarding livestock, hunting, tracking, or exhibiting at dog shows • Any person who holds an occupational permit from and has a registered Greyhound kennel name with the West Virginia Racing Commission
Classes of Commercial Breeders • Class I – 11 -30 dogs • Class II – 30+ dogs • Dogs counted are over age of one year and used for active breeding
Registration and Licensing • Breeders must have: 1. A business registration certificate (www.wvtax.gov) 2. A valid business license issued by the operating locality, if required by the locality 3. An annual permit issued by the county commission
Fees • Fees are determined by the county commission, with the following guidelines specified in the law: – Class I Fee shall not exceed $250 – Class II Fee shall not exceed $500 – Fees shall be collected in a specially designated account for use by shelters, rescue, and spay neuter programs administered by county shelters or other humane organizations
Fees – What can you do? • Make sure your county commission has set the Class I and Class II Fees! • Ensure the collection account is set up and there is a process to designate the monies to appropriate programs
Kanawha County Example – Passage of fees (State Law attached)
Kanawha County Example – Breeder Permit Info
Kanawha County Example – Permit Application
Kanawha County Example – Permit
Other requirements of the law Animal Care • Female dogs require annual licensed vet certification • Dispose of dogs only through gift, sale, transfer, barter, or euthanasia by licensed vet • All dogs must have current valid rabies certificates • Humane treatment • Easy and convenient access to clean food and water • Food and water receptacles must be regularly cleaned and sanitized • Water must be free from debris, accessible by all dogs, and is not frozen • Timely vet care as necessary • Maintain adequate staffing levels to ensure compliance
Other requirements of the law Housing Facilities • Sanitary condition and in good repair • Ventilated at all times • Means of fire suppression • Sufficient lighting to observe dogs day and night • Enable all dogs to be dry and clean • Provide shelter and protection from extreme temperatures and weather that may be uncomfortable or hazardous • Sufficient shade for all dogs
Other requirements of the law Primary Enclosures – cage or similar • Primary enclosures must have solid floors and not be placed higher than 42” above the floor • No stacking! • Must be cleaned daily to prevent build up of feces, hair, dirt, debris, and food waste • Dogs in enclosures must be compatible: – Females in heat only with males for breeding – Females and litters isolated – Puppies less then 12 weeks of age only with dam • Sick dogs need to be isolated
Final Tenants of the Law Compliance and Enforcement • To ensure compliance, breeders are subject to bi-annual inspections by animal control officers or law enforcement officers • Violations are a misdemeanor and fined up to $1000 upon conviction • Violators may be given a one year improvement period from judge or magistrate, and if successful, will dismiss charges
Final Tenants of the Law Compliance and Enforcement • Anyone convicted of animal cruelty in any locality, state, or federal jurisdiction may not operate as a breeder • A facility licensed by the USDA is not exempt from compliance • Any local, state, or federal law enforcement agency may investigate animal cruelty in breeding operations.
What Counties need to do to comply • Perform bi-annual inspections to ensure compliance with the detailed regulations • There is a bi-annual checklist that lists all the items to ensure nothing is missed
The Puppy Mills Campaign works to pass policy change at all levels of government. • Federal legislation and regulations • State legislation • Local ordinances • Enforcement and litigation
Recommend
More recommend
