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| Kathy Milani |
Many puppy mill dogs suffer from leg injuries caused by
living on wires their entire lives. |
By Ann Church
Virginia has made history by becoming the first state to limit the size of commercial dog breeding operations to prevent them from becoming inhumane “puppy mills.”
By capping the total number of dogs a breeder can keep for breeding, the new law will help address the growing puppy mill crisis facing the nation. The new law makes it illegal for any commercial breeder to maintain more than 50 dogs who are more than a year old.
The legislation, introduced by Delegate Bobby Orrock, enjoyed wide support, passing the House of Delegates 91 to 6, and the Senate by 37 to 3. Gov. Tim Kaine made recommendations to the bill, which the General Assembly approved during its veto session.
This effort to stop the spread of inhumane puppy mills was led by Teresa Dockery, a volunteer who runs the Margaret B. Mitchell Spay/Neuter Clinic in Bristol, and Kathy Strouse of the Virginia Animal Control Association.
Support came from Virginia’s many animal welfare activists, pet owners, and humane organizations.
A five-month undercover investigation of Virginia breeding operations by The HSUS revealed a substantial puppy mill industry that was virtually unregulated, often in violation of state and federal laws for humane care. Investigators found breeding dogs and puppies living in cramped, filthy cages, caked in feces, in urine-soaked trailers and in ramshackle kennels without basic sanitation, clean water, veterinary care or even the most primitive protection from the elements.
The same problems are also often found in other states.
Specifically, Virginia’s new law, effective Jan. 1, 2009, requires commercial dog breeders to:
- maintain no more than 50 dogs over the age of one year at one time, unless approved by local ordinance after a public hearing
- obtain a local business license
- limit breeding of female dogs to between the ages of 18 months and 8 years only
- obtain annual certification by a licensed veterinarian that the dog is in suitable health for breeding
- cooperate with inspections by animal control officers to ensure compliance with state and federal animal care laws
- maintain records of animal sales, purchases, breeding history, and veterinary care
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| Kathy Milani |
| A mother and pups rescued from a Virginia puppy mill. |
Commercial breeders who violate any of its provisions are guilty of a Class 1 misdemeanor, punishable by 12 months in jail or a $2,500 fine. The bill also addresses pet stores as part of the “puppy mill pipeline,” by requiring them to buy dogs from dealers who are properly licensed by the U.S. Department of Agriculture.
On a national level, The HSUS is also working to persuade Congress to ensure humane treatment of animals at large-scale breeding operations that escape regulation through a loophole in current law, as well as imports of young dogs from foreign puppy mills.
How the Virginia Bill Became Law
Teresa Dockery is a Virginia activist who has lobbied the Virginia legislature for more than 18 years. Legislators, even those who don’t typically support animal issues, know her well and trust her to be honest about the issues. Teresa lobbies on her own while also running a full-time spay/neuter clinic in Bristol, five hours away from the legislature.
Virginia's legislature only meets six to eight weeks every session. Once they convene, events happen quickly.
Puppy Mill Tragedy
In March 2007, a warehouse full of dogs burned to the ground, killing all 172 inside. This tragedy brought the issue of puppy mills to many residents who had never heard of them or who had no idea they existed outside the Midwest. Lila Wills, head of Virginia Partnership for Animal Welfare and Support, spearheaded an effort to try and stop the kennel from reopening and to improve conditions at the kennel if they were permitted to reopen.
Puppy Mill Investigation Received State and National Attention
Lila Wills and VA PAWS quickly rose to the attention of fellow Virginians as the group to contact when concerned about a puppy mill. Wills contacted The HSUS with her concerns and information.
The HSUS coupled that with an increase in puppy mill and pet shop complaints it had been receiving from Virginia and launched an extensive five-month undercover investigation. The HSUS undercover investigation revealed a significant puppy mill problem in the state.
VA PAWS took footage from The HSUS investigation to Carroll County government officials and demanded action on a specific puppy mill housing more than 1,000 dogs. Officials responded and requested assistance from The HSUS to help in the rescue. Working together, VA PAWS, the Margaret B. Mitchell Spay/Neuter Clinic, The HSUS and a host of shelters up and down the East Coast rescued more than 800 dogs from the Hillsville, Va., based Horton’s Pups in November. This rescue, just a week after the release of The HSUS investigation, brought further national attention to the problem of Virginia’s puppy mills.
Coalition Building
In the meantime, Dockery began talking to some animal welfare and control personnel who had worked with similar situations. She also began talking with some of the stakeholders, including those who she felt might oppose such an effort. Dockery approached Delegate Bobby Orrock about the puppy mill problem in Virginia. Delegate Orrock is no stranger to animal issues, having served on the Agriculture Committee for many years. He has heard most of the animal bills introduced in Virginia since he was elected to the Assembly in 1989. Delegate Orrock had successfully carried legislation to strengthen Virginia’s dangerous dog provision, increasing penalties for bodily injury and establishing a dangerous dog registry.
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| Kathy Milani |
This dog and thousands of others will be better protected in
Virginia thanks to the state's new commercial breeding law. |
Dockery pulled together individuals from shelters, including Virginia Beach SPCA and Danville Area SPCA as well as the VA Veterinary Medical Association to talk about possible legislation. She also included some long-time breeders and hunters in her group.
Teresa spent much of her time discussing the issues and exploring language for a bill with representatives of other groups as well: Farm Bureau, Association of Counties, Municipal League and Commonwealth, and prosecuting attorneys. She repeatedly invited the hunting organizations and the Virginia state breeding organization, the Virginia Federation of Dog Clubs and Breeders, to participate in talks. The offer was refused.
After researching all of the current laws that govern large-scale breeding operations and discussing the issue with all of the stakeholders that would agree to come to the table, Dockery, Delegate Orrock and her group drafted H. B. 538, a Bill to Regulate Commercial Dog Breeders.
Bill Introduction
In January of this year, Delegate Orrock introduced H. B. 538. The bill initially met with opposition but ultimately moved swiftly out of the House and Senate. During the session, a delayed enactment clause was put on the bill to delay its effective date until July 1, 2009. The governor recommended amending that provision to make the effective date January 1, 2009 and the Assembly passed that measure swiftly.
Opposition
The initial opposition to the bill came from the Virginia Federation of Dog Clubs and Breeders, the Virginia Hunting Dog Owners Association, the Virginia Hunting Dog Alliance, and a few hunters who were not with one of these groups.
Amendment
In order to prevent the bill from being killed, an amendment was accepted that allows a county to permit more than the 50-dog limit specified in the bill, but only after local government holds a hearing and passes an ordinance.
Networking
Throughout the legislative session, the animal welfare groups and shelters across Virginia worked to ensure that legislators heard from their constituents regarding the importance of this bill. Many hours went into communication with other groups and individuals, trips to Richmond, testimony before committees, getting out accurate information and lobbying legislators before and after the vast number of committee meetings were held.
Success
Teresa Dockery attributes the success of this bill to the dedication and skill of a sponsor who cared about the issue and was willing to put the time and effort into learning details and working through difficulties. Delegate Orrock was adept at handling the many attacks on the bill. Ms. Dockery also praises a strong coalition of professionals who put much of their lives on hold to ensure that this bill would pass. She also credits the many individuals and organizations who spoke out in favor of the legislation and who helped to spread the word about the bill and the need to regulate commercial dog breeders.
Ann Church is Director of HSUS’s Eastern Mountain Regional Office.
