Breeding or Puppy Mills

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Titlesort descending Summary
AR - Pet Sales - Chapter 97. Retail Pet Stores. This statutory section comprises the Arkansas Retail Pet Store Consumer Protection Act of 1991. The purpose of the act is to ensure that purchasers receive consumer animals that are physically and temperamentally sound, healthy, and fit as companions. The Act also provides a means by which the acquisition and care of those animals can be monitored.
AZ - Pet Sales - Title 44. Trade and Commerce. Chapter 11. Regulations Concerning Particular Businesses. This Arizona statutory section comprises the state's pet shop laws. The section requires that retail pet sellers provide purchasers a notice of rights that includes a statement of good health signed by a veterinarian. Purchasers have fifteen days to return unhealthy or diseased dogs and receive a refund or compensation for reasonable veterinary expenses.
Backyard Breeding: Regulatory Nuisance, Crime Precursor This Article fills this gap by addressing the problems of unregulated, small-volume dog breeding. Part I provides an overview of the regulatory regimes that govern dog breeding in the United States; an Appendix provides citations to and summaries of the relevant provisions of each state's laws. Part II steps back and describes backyard breeding operations and their harms, including, at times, their role in larger criminal enterprises. Part III reviews literature on the regulation of “low risk” activities and develops a practical, three-step approach to regulating backyard breeding, to efficiently resolve much nuisance-level backyard breeding and illuminate the pernicious breeding. Part IV concludes the Article.
Black Hawk County v. Jacobsen (Unpublished)


In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup.  On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels.  The court disagreed, finding the Act expressly contemplates state and local regulation of animals.  Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area.
Brief Overview of Commercial Breeder Laws


This brief summary discusses what a commercial breeder does and what laws govern breeding operations. It then goes into how loopholes in state laws allow puppy mills to thrive. The article concludes with the idea that more states need to adopt stricter breeder laws and consumers need to do their part by not buying puppies raised in puppy mills.
Brief Overview of Retail Pet Stores


This brief overview discusses the welfare issues that arise at retail pet establishments. It also outlines the types of laws that cover such pet shops.
Brief Summary of Commercial Breeders and Puppy Mills This provides a brief overview of the commercial breeding industry in the United States.
Brief Summary of Dog Auctions and Retail Rescue This brief summary explores the recent changes with respect to dog auctions and the role of rescues. The limited federal and state oversight is discussed as well as new retail pet store bans that have inadvertently fueled "retail rescue" phenomenon.
Burkholder v. Department of Agriculture In this Pennsylvania case, James Burkholder, d/b/a Whispering Spring Kennel (Burkholder), petitioned for review of an adjudication of the Secretary of Agriculture (Secretary) that imposed a $19,500 civil penalty on Burkholder for transferring two dogs in excess of the annual limit under his Class IV kennel license in December of 2017. Burkholder raises two arguments: first, the Dog Law does not specify that transfers of more than 60 dogs by a private kennel constitute violations; and two, the penalty imposed is excessive and unreasonable. This court first noted that a Kennel Class IV license clearly does not allow him to transfer more than 60 dogs and thus any transfers in excess violate the Dog Law. As to the excessive penalty argument, the court first examined the distinction between separate and ongoing violations of the Dog Law because it raised a question of first impression under the Dog Law. Relying on the distinction in other contexts, particularly regarding penalties imposed by the Pennsylvania Public Utility Commission (PUC), the court found that a kennel owner holding too many dogs could remedy the violation simply by transferring the excess dogs. The problem here is that, where an owner has transferred more dogs than his license allows, there is no way to correct the violation. Thus, said the court, a per-day fine is improper. "Each unauthorized transfer of a single dog is a single violation of the Dog Law, not a continuing violation, because it is not ongoing in nature and such transfers can be feasibly segregated into discrete violations so as to impose separate penalties." The court concluded that the Department erred as a matter of law by imposing ongoing penalties for two discrete unauthorized transfers. The order of the Department as to the excess transfers of dogs was affirmed, but the portion as to the amount of the penalty was vacated. The matter was remanded for further proceedings.
CA - Import, dog - Chapter 1.5. Dog Importation: Health Certificates This chapter relates to importation of dogs into California for sale purposes. A person seeking to bring a dog into this state or importing dogs into this state for the purpose of resale or change of ownership shall obtain a health certificate for that dog, completed by a licensed veterinarian and is dated within 10 days prior to the date on which the dog is brought into the state. However, this chapter does not apply to a person who brings a dog into the state that will not be offered for resale or if the ownership of the dog is not expected to change or to dogs used military or law enforcement work. A person who violates a provision of this chapter is guilty of an infraction, punishable by a fine not to exceed $250 for each dog for which a violation has occurred.

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