‘Puppy mill’ legislation on hold until General Assembly reconvenes

Published 12:00 am Tuesday, December 1, 2009

By Meghan Cooke
mcooke@salisburypost.com
Watching him jump energetically and roll on his back to be scratched, it’s hard to believe that Jack, a 10-year-old miniature poodle mix, has a dark past.
But his one blind eye, toothless mouth and nails that grow up rather than down are reminders of the first eight years of his life, which he spent cramped in a cage in a Tennessee puppy mill.
“He shouldn’t have had to live that way for eight years,” said Sue Wortman, who began fostering Jack last year. “He didn’t deserve to live that way.”
Wortman, of Salisbury, is a volunteer with Faithful Friends and Carolina Poodle Rescue. She said the problem of puppy mills is closer to home than people might think.
“We do have them here,” she said. “The general population doesn’t realize the horrendous conditions these dogs live in.”
Legislation to combat puppy mills ó large-scale dog breeding facilities that provide inadequate care to animals ó was passed by the N.C. Senate, but did not emerge out of a House committee before the General Assembly’s session ended earlier this month.
The so-called “puppy mill bill” would require the N.C. Department of Agriculture to establish standards of care at commercial breeding facilities, including provisions for daily exercise, proper veterinary care and sufficient housing.
The bill identifies commercial breeders as those who have 15 or more female dogs capable of breeding and 30 or more puppies for the purpose of sale.
The bill excludes establishments operated for the purpose of boarding or training hunting, sporting, herding, working or show dogs.
North Carolina has no state laws to regulate puppy mills. Legislatures in Arizona, Indiana, Oregon, Tennessee and Washington passed legislation this year to address the issue. In 2008, Virginia, Louisiana and Pennsylvania passed similar laws.
The Humane Society of the United States issued a press release following the Senate’s passage of the bill, applauding it as an effort to “crack down on abusive puppy mills.”
The bill was introduced by N.C. Sen. Don Davis, a Democrat who represents Wayne, Greene and Pitt Counties.
In February, Wayne County animal control officers raided a dog breeding facility and seized 283 dogs, many emaciated and kept in unsanitary conditions.
Virginia Thornton, owner of Thornton’s Kennel, was found guilty of 12 misdemeanor charges of animal cruelty in August. In addition to serving 36 months on probation, she must pay a $2,000 fine and perform 48 hours of community service. She is also now banned from breeding animals.
“It’s a growing problem in North Carolina,” said Amanda Arrington, the N.C. state director of the Humane Society of the United States. “The Wayne County bust was a pretty good indication of what’s going on across the state.”
She said one estimate is that about 200 puppy mills exist across the state, but the exact number remains unknown.
Arrington worked with Davis to create the legislation. She described the bill as a reasonable attempt to target large-scale breeders.
“We always think that any oversight where there is none is a big step,” she said.
Wortman agreed.
“These people need to be licensed,” she said.
But legislation should not hurt responsible breeders, Wortman added.
N.C. Sen. Andrew Brock, a Republican who represents Davie and Rowan counties, said he voted against the bill because the provision included to exempt legal breeders and hunters is vague and unclear.
Brock said the response from both constituents who supported and opposed the bill was strong.
“I caught flack on both sides,” he said.
He said he would like to see the bill include more specific provisions to target puppy mills. He said he hopes the House will clean up the bill and add more specific provisions before it is voted on in the House.
“Everybody wants to end puppy mills,” he said. “There’s no doubt about that. But you’ve got to find a way not to go after legitimate people.”
Arrington refuted the contention that the bill might unfairly target hunters, arguing the bill specifically excludes them.
“Hunting dogs were never on the radar,” Arrington said. “For people to continue using that argument is frustrating.”
Arrington said many breeders support the legislation because they would actually prefer that standards of care for animals be established.
“They don’t want to look bad because of these other breeders,” Arrington said.
With 13 female dogs, Jeff Lloyd, owner of Lucky Puppy Kennel in Salisbury, would not be classified as a commercial breeder by the definition provided in the legislation.
Although Lloyd, who breeds Doberman Pinschers, might not be affected by the bill, he said having standards of care would be a good idea.
“Everybody ought to do it right if they’re going to do it,” he said.
His wife, Rita, said when people call about puppies, they often ask about the conditions in which they are raised.
“They’re very thorough,” she said.
Some of their customers have noted that their facility is much nicer than others they have seen. Surrounded by a large fenced-in area and shady trees, the building that houses the dogs has air conditioning and heat. Inside, each lot has a dog door that allows the dogs to go inside or outside at will.
“The puppy mill issue is a difficult thing,” said Rowan County Health Director Leonard Wood. “You’ve got some that need to be regulated and others that don’t.”
Wood said puppy mills should be regulated with standards similar to those required of animal shelters. But there’s a cost involved, he said.
Inspections would have to be performed, and funding to do so would be necessary, Wood said. According to the legislation, “counties shall have the exclusive authority to investigate violations related to commercial breeding operations and to take appropriate enforcement action as authorized by law.”
If more efforts are required by the county, additional funding would be required from the state, Wood said.
“We don’t have the funding to do that,” Wood said. “I have real concerns about that.”
Clai Martin, supervisor of Rowan County Animal Control, expressed similar concerns.
“If legislation is passed to put intensified regulations on these operations as they have public animal shelters, the state should commit resources to inspect and regulate them, not simply pass the burden down to already overburdened and underfunded county animal control,” he said.
Martin said Animal Control receives about two complaints each month about conditions of breeders’ facilities. An Animal Control officer then investigates, but the investigation often does not find adequate reasons to charge the breeder with cruelty.
Arrington said legislators simply ran out of time before the bill could make it through the House, but she expects the bill to re-emerge when the General Assembly reconvenes in May.
“I think we’re in good shape,” she said.