Great Article in USA Weekend

Click the link to read the article about puppy mills in the current issue of USA WEEKEND.
http://www.usaweekend.com/article/20100611/HOME05/6130319

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Way to go AMVA!

The American Veterinary Medical Association (AMVA) has developed a model bill and regulations that aims to protect animals that are bred and sold as pets.  Dr. Gail Golab, director of the AMVA Animal Welfare Division said, “This is an opportunity for AMVA to display leadership on an emerging animal welfare issue.  The model bill and regulations are a comprehensive alternative to some of the less well-considered bills we are seeing around the country.”

The Model Bill and Regulations to Assure Appropriate Care for Dogs Intended for Use as Pets can be viewed here: http://www.avma.org/advocacy/state/issues/Care_for_Dogs_Model_Act_and_Regulations.pdf

We’ve compiled some highlights of its contents for you below:

  • Any person licensed or subject to inspection by the USDA is exempt.
  • A breeder or retailer will not be issued a license if he or she has pled no contest or has been found to have violated any Federal, State or local laws or regulations pertaining to animal cruelty within 1 year of application, or more than 1 year if the licensing board or agency determines the circumstances render the applicant unfit to be licensed.
  • Licenses may be revoked for serious, repeated, or multiple violations to any of the provisions in the Act or its regulations.
  • Once a license is revoked, the breeder or retailer must wait 1 year before applying for a new license.  The facility or operation must remain closed during this time.
  • Licensees must maintain accurate and detailed records for each animal for at least 5 years
  • Dog housing must have at least partial solid flooring.  Nonsolid flooring must be designed so that the paw of the dog is unable to extend through or become caught in the flooring.
  • Housing must include shelter that provides protection from harmful extremes of temperature, air movement, moisture, light and other climatic elements.
  • Feces and food wastes must be removed at least once daily.
  • Food and water receptacles shall be cleaned daily.
  • Dogs must be provided with positive human contact at least one daily excluding feeding time
  • Each dog should have the opportunity to achieve a running stride at least once daily to develop proper muscle tone and mass.  This should happen outside of the primary enclosure if there is insufficient space there.
  • Each dog’s health and welfare is to be assessed daily.
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Caveat Emptor (Buyer Beware) says BBB

Regardless of who sells these dogs the consumer is not protected by any puppy lemon law.  I believe the preponderance of online sellers are a wide amalgam that can include classified advertisers, pet store owners, or breeders that may buy from dog auctions.


Look it's Zoey!





Let’s use Zoey as an example.  Even after we bought and brought her home, Zoey was being advertised on numerous Internet sites (picture above), classified ads in newspapers, a NYC pet store and then the kennel owner/breeder in Missouri.



Zoey's Siblings online advertisement from breeder


I know she’s adorable and lovable but come on – she was being used for a “bait and switch” since the advertisers knew she was no longer for sale.

The study took a look at 10 different puppy contracts that are used in the sale of an animal.  Of these “contracts,” none appeared to be legal.  However, since Missouri has yet to enact a Lemon Law for breeders or retailers, the determination of a seller’s guilt or responsibilities would be up to a jury of peers rather than stipulated by the government.  The following are some of the more notable parts of these “contracts” that I found worthy of sharing:


Pack and ship your new puppy for proof that he/she died.


–       8 of the 10 contracts required buyers of a fatally ill puppy to send their dead puppy back to the kennel for a replacement.  The owner of the dead puppy is required to pay for the shipment of the dead animal as well as cost of shipping the new “healthy” puppy.  I understand that to the breeders, this is a business.  But stipulations like this make me this question their decency and morality – a dog isn’t the same as a pair of shoes that one orders online that didn’t fit right.  If Zoey had died during her stay in ICU, I just can’t even imagine having to pack her little, dead, lifeless body into a cardboard box, tape up your new family member and then ship it back to Missouri to prove your dog actually died.

–       9 out of the 10 contracts would not reimburse the buyers for vet costs even if they did buy a demonstrably sick puppy.

–       4 of the contracts indicated that if the buyer were to sue, the suit had to filed in the county where the breeder was located.  In our case, had Zoey passed away, we didn’t live in New York (which has a Lemon Law) and we had sought restitution, we would have had to travel to Hickory County, Missouri, to which Wheatland is a major financial contributor.


Good luck getting a fair trial here!

😉 Next post:  Enforcement of USDA rules and regulations

Source:  The Puppy Industry in Missouri.  2010 Executive Summary:  A Study of the Buyers, Breeder, Sellers and Enforcement of the Law.

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Inspectors and the Puppy Marketplace, Part II

After reading the BBB report and having been to a puppy auction last summer where I actually spoke with a USDA inspector, I wanted to learn more about the people who are tasked with being the main players in the enforcement of USDA rules and regulations set forth in the Animal Welfare Act.

Interestingly, state inspectors in Missouri are paid more than inspectors surveyed who work in other states.  The former are paid $30,000 -$36,600 annually as compared to their counterparts, whose pay starts at $22,700- $30,000.  Why the discrepancy?  (1) Missouri state inspectors make twice as many inspections as other states.  (2) They also report that they do make a serious effort to locate non-licensed breeders as well.  An aside here: I really don’t know where they get the time to do this considering how many inspections they claim to do; that said, based on the report of states that cooperated in the BBB project, Missouri state inspectors only do inspections when there is a complaint, a new breeder/kennel seeks their license and, on a few occasions a year, a drop-in or unexpected visit.  If by chance you have bought a dog and would like to get some information on the breeder please click here to be directed to the APHIS website.

Zoey for Sale...but not really...she was already sold!

The BBB report also includes a lengthy discussion on marketplaces for puppies.  Where someone you get or buy a dog?  It turns out, just about anywhere.  The report indicates that the wide majority of puppies are purchased on the Internet, from classified ads, kennels, pet stores and auctions.  The report also mentions shelters as an inexpensive alternative but cautions that “these dogs may be older than the consumer is seeking.”  For our blog readers there will be a whole other post on this one.  But, as you all know I don’t agree as Abby was adopted at a young age and there were MANY choices that were all under one year old.

Baby Abby

Of the channels listed above, the BBB states that the Internet is clearly the “riskiest option” for consumers.  On the surface, I might be inclined to agree with this contention; it makes sense.  But I would also like to see the research involved.  More precisely, the BBB does not clearly define an “Internet seller.”  A person who is selling a puppy online could be a kennel owner, breeder, pet storeowner, or an unlicensed breeder whose dog just had pups.  The Internet is a large world: people on it behave responsibly and irresponsibly.  Some sell dozens of dogs continuously while others are one-offs.  Some charge usurious prices while still others simply want to recoup the cost of their animal and find a good home.  It’s simply a very wide range that in many ways defies a clear definition.

Part III of this series will include lemon laws, contracts and enforcement of violations.  I think you will be surprised by what they found.

Source:  The Puppy Industry in Missouri.  A Study of the Buyers, Sellers, Breeders and Enforcement of the Laws. Robert Teuscher.  March 2010


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“The Puppy Industry” Part I

The Better Business Bureau (BBB) of Missouri has issued a new report which discusses and summarizes its research on the breeders, buyers, sellers and enforcement of the laws around what it terms, “The Puppy Industry.”

The BBB indicates it is doing this report due to the large number of complaints it has recently received about animals purchased in pet stores or online that subsequently become ill, low resolution rate of those complaints, and the consequent medical expenditures involved when one purchases and then is compelled to care for a sick animal.

[nggallery id=3]

Under the Animal Welfare Act (AWA), the USDA licenses and inspects all dog breeders.  Based upon statistics from the USDA there are currently roughly 4,000 licensed breeders; of those licensed breeders 1,200 (30%) are located in Missouri.  The latter figure equates to one breeder per every 3,000 residents.  Of the respondents to the survey undertaken by the BBB, the average was one breeder per every 100,000 residents in other states.

The BBB report provides and overview and discussion of the 352 complaints filed against either breeders or sellers in Missouri within the last year.  Of these complaints only half have been resolved vs. the national average of three-fourths.  Complaints consisted of a puppy becoming ill after a sell, buyers not being reimbursed for thousands of dollars in veterinary care for the sick animals they had purchased, and lack of adequate registration papers for their purchased dog.


Welcome to the "Show Me State"

Welcome to Missouri



I have been and continue to be extremely skeptical about the broader impact of the inspections the USDA “frequently” performs on breeders.  Per the BBB, the USDA has made ONLY 130 inspections of 20 breeders in the last three years in the state of Missouri, out of the 4,000 currently operating in that state.  Importantly, federal law does not require a breeder that engages solely in retail sales to be licensed.  Given the obvious abuses in recent years, the Feds should think seriously about changing this policy, in particular for individuals whose primary business is either dog breeding or pet retail sales so that they can be properly monitored and sanctioned if acting improperly.  A license would allow for mandatory frequent inspections and for reports and findings to be published online.

In the last 3 years, the 20 Missouri breeders who have been inspected were found to have committed 987 violations, an average of 7.6 violations per inspection.  The following summarize some of those findings:

  • One breeder temporarily lost his license three times, reapplied and was approved each time; he finally had his license cancelled after a fourth inspection turned up continuing abuses.
  • One breeder received 138 violations over the course of 13 inspections, almost 11 violations per inspection.
  • 12 of the 20 breeders are still licensed.  Of these 12, three have had their licenses cancelled at one time or another.

Obviously, I am no fan of large-scale breeding facilities that are unclean, unsanitary and rarely if ever follow USDA guidelines.  Do I think these guidelines should be improved to improve a dog’s living conditions?  Yes, I do.  Do I advocate a “life of luxury” for dogs born at breeding facilities?  No.


Zoey's Dad in his Cage/Home

Zoey's Dad



I do think basic guidelines need to be reconsidered, beginning with the cages in which puppies are kept (see accompanying video for examples of these conditions).

In general, there need to be stricter guidelines for stores and breeders alike.  For instance, a breeder should not be allowed to incur 130 violations before losing his license.  Similarly, a breeder or retail store should lose and subsequently not be allowed to regain its license 3-4 times before finally being put out of business.  Minimum standards must be codified and strictly enforced, with no exceptions.

Unfortunately, puppy breeding and selling has become a sizable profit generator for the proprietors and states alike (the latter through taxes), so in places like Missouri, where the practice is thriving, it is not surprising that some form of quid pro quo has emerged so as to protect the industry save its most horrid abuses.

In the end, consumers are often the biggest net losers in this situation, since they are unknowingly receiving ill puppies they immediately become attached to and want to care for.  Vet bills have a way of stacking up rapidly, a not-inconsequential expense in these hard economic times.  Breeders are usually absolved of direct responsibility for these illnesses and pet stores do everything in their power to evade and deflect their responsibilities.  It is imperative that the authorities, who are alone in a position of enforcement, do something to protect the innocent, starting with the puppies themselves, often subject to inhumane conditions for most of their young lives.  Doing so makes sense for everyone involved, including those honest breeders and pet stores (there are some pet stores emerging who do only have rescues/adoption available…these stores rely on product purchases and returning customers instead of puppy purchases) whose reputations are being sullied by the actions of the many.

Source: The Puppy Industry in Missouri.  A Study of the Buyers, Sellers, Breeders and Enforcement of the Laws. Robert Teuscher.  March 2010

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The things pet stores will actually tell you!

There is a new pet store that recently opened in my neighborhood on the Upper West Side of Manhattan.

At first, I was extremely excited as it was called Pet Fashion — I love pets and I love fashion.  And who isn’t about some good dog/kitty pet fashion?

The Catholic School Girl/RockStar Look



Upon its opening, a few animal non-profit groups linked this store to the large-scale breeding industry in Missouri (no shocker there, given my experience with Zoey).  So, I figured I would do a little investigating to find out the truth for myself.  The first time I strolled in I showed interest in a particular puppy (for the record, the rest of this story always breaks my heart).   I played with the puppy for a bit and asked an employee about how the process of buying a puppy worked (I was playing dumb). This gentleman explained the process for a few minutes, at which point I asked about the dog’s medical history.   He happily pulled out the file on this little pup, which displayed where she had had her shots.   I then asked where the store got her from, so he showed me her registration, which was from a breeder in Missouri.   I made note of the breeder and later discovered that this particular breeder does indeed have a large breeding operation.  At that point, I left the store, politely indicating that I would think about what to do, given that buying a dog was a tough decision. I give credit where credit is due in that the pet store employee didn’t lie to me which is more than I can say about my little UES friend across the park.



One of my close friends, Debbie, and I went in this past weekend.  Debbie wanted to learn exactly how the breeder/pet store process/relationship worked.  We walked in and looked over a few dogs.  At that point, she told the employees that while a particular puppy in the store might have stolen her heart, she really was looking for a certain breed that didn’t appear to be in the store.  The employee confirmed this but indicated that they they could easily get one for her.  Debbie continued to question him (that’s my girl), asking increasingly detailed questions about how the process worked.

Eventually, the employee, who wasn’t the sharpest knife in the drawer, became very confused.   Debbie thereupon swooped in for the kill, specifically inquiring as to how the store got such cute puppies. He replied from breeders and Debbie countered with “Where are these breeders?”  Without a thought, he responded, “New York.”  It was now Debbie’s turn to become confused so she asked him to confirm where in fact the dogs came from in New York, telling him that it was good the store only used local breeders because she didn’t want a dog from a puppy mill.


Zoey's Exact Large Scale Breeding Facility

Home Sweet Home



The young employee then indicated that the dogs were not only bred in New York State but that they had been bred IN NEW YORK CITY.







We asked for clarification and was told again that in fact the dogs were born, bred and raised in Manhattan.

Manhattan is now the hub of large-scale breeding facilities...lol

We then indicated that we would think about whether to purchase this certain breed of dog and get back to him ASAP.   Debbie agreed that I deserved an Academy Award for keeping a straight face throughout this conversation, since I knew the real truth.

There were so many things wrong with this episode that I don’t even know where to begin to comment, so I will let you all take from it what you will.   I’ll say this though: I’ll bet you are as surprised as I am that NYC has a thriving large-scale breeding industry.

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