Coalition to Ban
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Ohio's Proposal to Regulate Puppy Mills and Dog Auctions With hundreds of kennel registrations in Ohio, there is great disparity in the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS) licensing and inspecting the appropriate number of kennels. Laws are on the books to provide minimum-care standards for animals, but enforcement has historically been spotty at best. The state of Ohio has seven USDA-APHIS inspectors, which include Vet Medical Officers, Animal Care Inspectors and one Compliance Specialist. Enforcement of the AWA is handled by Investigative and Enforcement Services (IES). But puppy mills can successfully navigate around these laws, either by selling directly to consumers (thereby avoiding USDA licensing requirements) or by simply avoiding the reach of law enforcement - with so few USDA inspectors and minor fines, it's easy to stay in business. A 2011 report issued by the USDA has confirmed Ohio ranks sixth among the top 10 states with the largest number of USDA Class A licensed commercial breeders: 1. MO - 754 (ranked 1st in 2010) 6. OH - 148 (ranked 6th in 2010) 7. IN - 122 (ranked 8th in 2010)8. PA - 112 (ranked 9th in 2010) 9. NE - 81 (ranked 7th in 2010) 10. TX - 75 (NEW! Not ranked among top 10 states in 2010) *To view copies of USDA Animal Welfare Inspection Reports, click here. *To view copies of USDA Animal Care Enforcement Actions (Complaints, Decision and Orders, Official Warnings and Stipulations), click here.
USDA-APHIS and the Animal Welfare Act
On February 28, 2011, U.S. Representative Jim Gerlach (R-PA6) introduced the Puppy Uniform Protection Safety (PUPS) Act (H.R. 835). Representatives Lois Capps (D-CA23), Sam Farr (D-CA17) and Bill Young (R-FL10) are co-sponsors.
2/28/2011--Introduced.
Puppy Uniform Protection and Safety Act -
Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer. Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian. Requires the Secretary of Agriculture (USDA) to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary.
Legislative Resources |