Breeding or Puppy Mills

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Titlesort descending Summary
Detailed Discussion of Commercial Breeders and Puppy Mills


Enforcement of commercial breeding laws rests within the individual states. It is important that states maintain uniformity, however, to preserve legitimate breeding operations. Without proper enforcement of current laws, and stricter laws introduced, puppy mills will continue to thrive on consumer demand.
Detailed Discussion of Commercial Breeders and Puppy Mills This paper gives an overview of the commercial breeding industry in the United States, beginning with a discussion of the industry’s various market forms, including brick and mortar pet stores, Internet websites, and foreign breeders. The paper then examines the underlying federal law and administrative regulations that provide minimum care standards for certain breeders. What follows is information on various state laws and recent legislation, including an examination of the increasing prevalence of local laws that address the puppy mill industry. The paper then explains the enforcement of puppy mill laws, which is criticized as insufficient to address the problem, and concludes with the observation that local laws and consumer education appear to be the most feasible solutions to combatting the prevalence of commercial breeding.
Detailed Discussion of Dog Auctions and Retail Rescue This paper first describes a typical dog auction. Next, the paper details the factors that have led to dog auctions being fueled by well-intentioned rescue groups, relevant law that applies to dog auctions and what other legislative factors impact this trend. Finally, the paper offers potential solutions to shore up this growing problem.
Detailed Discussion of Retail Pet Stores


With such a large number of animals being housed and sold at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper examines the laws pertaining to the welfare of animals in retail pet stores at the federal and state level and comments on the welfare issues that still need to be addressed.
Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)


Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.
Diercks v. Wisconsin


An owner of a greyhound kennel was suspected of giving her dogs illegal steroids because an informant told the government agency this was happening. The particular steroid used was impossible to detect using urine samples, so the government agency, without a warrant, installed covert video cameras in the kennel and that way determined that the owner was injecting her dogs. The owner claimed this violated her Fourth Amendment search and seizure rights, and the court agreed; however, the agency actors were not liable because the state of the law on this issue was not clear and it was reasonable for them to think they could legally install the video surveillance system.
Dog Auctions and Retail Rescue
Don't Buy the Doggy in the Window: Ending the Cycle That Perpetuates Commercial Breeding With Regulation Of The Retail Pet Industry


This Note discusses the problems with legislation and legal barriers created to battle the problems puppy mills pose to dogs bred in the United States. It then considers the applicability of legislation aimed at dealing with puppy mills at the retail level as a possible cure to the inadequacies of American regulation. This Note discusses the need for uniform regulation that goes to the heart of what sustains puppy mills, the supply and demand created by retail in the pet industry, using the model of legislation introduced in Australia, the NSW Animals (Regulation of Sale) Bill.
Doris Day Animal League v. Veneman

Animal rights group brought action challenging validity of regulation exempting breeders who sell dogs from their residences from licensure under Animal Welfare Act. The United States District Court for the District of Columbia, Colleen Kollar-Kotelly, J., held that regulation was invalid, and appeal was taken. The Court of Appeals, Randolph, Circuit Judge, held that regulation was reasonable interpretation of Congressional intent.
Dunckel v. City of Winston-Salem In this zoning dispute, plaintiffs Kimberly Dunckel and Fairytale Farm Animal Sanctuary appealed the trial court's grant of summary judgment to the City of Winston-Salem, which had prohibited them from operating a nonprofit animal sanctuary housing 60-70 farm animals on their residentially zoned (RS-9) property after an anonymous complaint triggered a code enforcement investigation. The central novel animal law issue was whether the city's classification of the sanctuary as analogous to an animal shelter or kennel—uses expressly prohibited in residential districts—and its consequent shutdown order violated the plaintiffs' fundamental right to earn a living under North Carolina's Fruits of Their Labor Clause and Law of the Land Clause. Applying the two-part test from Kinsley v. Ace Speedway, the court held that the city's actual purpose—preserving the residential character of neighborhoods to promote health, safety, and welfare—constituted a proper governmental purpose, and that enforcing the zoning ordinance against the sanctuary was a reasonable means to achieve that end because the commercial use (including paid events with hundreds of guests) altered the neighborhood's residential nature. The court further rejected plaintiffs' equal protection argument, finding rational bases to distinguish the sanctuary from residents with personal pets (non-commercial), home daycares, schools, and churches (uses integral to residential life or constitutionally protected). Accordingly, the court affirmed the trial court's grant of summary judgment in favor of the city, concluding that while the plaintiffs were burdened, they were not entirely prohibited from operating the sanctuary elsewhere in commercially or industrially zoned districts.

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