Aug. 3, 2010: The Missouri Secretary of State has now certified the "Puppy Mill Cruelty Prevention Act" to appear on the November, 2010 ballot in Missouri! The initiative will be called Proposition B on the ballot.

More than 190,000 signatures were delivered to the Secretary of State. 

If the ballot initiative is approved by voters, it would be a new law regulating commercial dog breeders in Missouri.  

About the proposed initiative 

"The purpose of this Act [would be] to prohibit the cruel and inhumane treatment of dogs in puppy mills by requiring large-scale dog breeding operations to provide each dog under their care with basic food and water, adequate shelter from the elements, necessary veterinary care, adequate space to turn around and stretch his or her limbs, and regular exercise."

The ballot initiative is spearheaded by a political action committee, Missourians for the Protection of Dogs, a coalition of the Humane Society of Missouri, Humane Society of the United States, American Society for the Prevention of Cruelty to Animals and the Missouri Alliance for Animal Legislation.

The new law would not apply to those who breed and sell hunting dogs, dogs "during lawful scientific research", dogs receiving veterinary treatment, pet stores, animal rescues or shelters. The new law would also not apply during transportation or in an emergency.

Significantly, the ballot initiative would limit licensed dog breeders to 50 breeding dogs. A dramatic reduction in numbers for many of Missouri's puppy mills which may house hundreds or even thousands of breeding dogs. The state is believed to be the puppy mill capital of America. Missouri puppy mills bring in an estimated  $250 million a year. 

Other states now limit the numbers of breeding dogs kept by commercial breeders

Virginia, Louisiana, Washington and Oregon all now limit the number of breeding animals that can be kept for breeding pets for sale. Similar limits are pending in Massachusetts and New York. This year California's legislature passed a bill limiting the number of breeding dogs per commercial breeder to 50, but Governor Arnold Schwarzenegger vetoed it.

Wisconsin, Indiana, Arizona, Pennsylvania and Tennessee also recently enacted laws that regulate puppy mills. Illinois formed a task force to study the issue and make recommendations.  

Current Missouri regulations

The Animal Care Facilities Act RSMo §§273.325-357 and 2 CSR 30-9.010-030 has been in effect in Missouri since 1992. The Act requires commercial dog breeders with 4 or more female dogs used for breeding, to obtain a license annually. Annual inspections are required, but the state only has about a dozen inspectors for all animal care facilities. The state has the authority to refuse to renew or revoke the license of any breeder that fails to provide care consistent with USDA or state regulations; is convicted of an animal protection law or makes a "[m]aterial and deliberate misstatement" in the application for a license or renewal.

The standards of care are very minimal. Dogs can be crowded into cages and even tethered. The standards do little more than require puppy millers to maintain animals in conditions that won't cause injury, infestation or disease.

The space and exercise provisions are the same as for USDA licensed breeders, meaning crowded conditions with no exercise. For example, exercise is not required if dogs are crowded into cages that provide "at least one hundred percent (100%) of the required space for each dog if maintained separately".

The space for each dog is calculated as follows: Find the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus six inches (6"); then divide the product by one hundred forty-four (144). (A little more space is required for dogs with nursing puppies.)

As another example, the exercise requirement is also satisfied if a dog housed alone has twice this minimal space. 

There are minimal standards for sanitation, cleaning, lighting, ventilation, fire protection, water, food, and shelter from extreme temperatures and shade or protection from snow, rain or hail.

Otherwise, puppy millers are directed to follow "normal animal husbandry practices".   

The state licenses 1,082 commercial breeders. The USDA also requires licensing of some commercial breeders and dealers. Find USDA licensed Missouri breeders and dealers here.  The federal USDA does not, however, require licensing of commercial breeders that sell dogs directly to the public through newspaper ads or over the Internet. Go here for information about the Animal Welfare Act and its regulations.

Authorities believe there are several hundred commercial dog breeder operating in Missouri without a license. Animal welfare advocates say there could be as many as 2,000-3,000 unlicensed dog breeders in the state. In 2001  and again in 2004  then state auditor and now U.S. Senator Claire McCaskill,  issued scathing reports condemning the state's inspections of puppy mills and lax enforcement of the Animal Care Facilities Act. A 2008 audit showed little improvement. 

This past year after the state legislature once again failed to pass new laws similar to the ballot initiative proposals, Missouri Gov. Jay Nixon, Director of Agriculture Dr. Jon Hagler and Attorney General Chris Koster launched a program known as "Operation Bark Alert".   Under this program the public can report alleged violations of the Animal Care Facilities Act. As a result of this program, the Attorney General reports 50 cases are under consideration for prosecution and there are 150 fewer unlicensed dog breeders.

More about the ballot initiative

In addition to limiting commercial dog breeders to 50 breeding females at a time, the proposed ballot initiative, each licensed dog-breeding facility with more than 10 female dogs over 6 months of age would be required to provide:

- "[A]ppropriate, nutritious food" at least once a day and potable water that is not frozen and is free of debris, feces, algae and other contaminants;

- At least one annual examination by a licensed veterinarian,  prompt treatment of any illness or injury by a licensed veterinarian; and, "where needed", humane euthanasia by a licensed veterinarian;

- "Constant and unfettered access to an indoor enclosure that has a solid floor" and protects the dogs from the "elements" (Cages could not be stacked on to top of each other);

- Facilities would need to be cleaned of waste daily while the dog is outside;

- Temperatures in the facility could not fall below 45 degrees Fahrenheit or rise above 85 degrees;

- Each cage would have to be large enough so the dog could turn in a "complete circle", lie down and fully extend his or her limbs "freely without touching the side of an enclosure or another dog";

- Cages or enclosures would have to give at least one foot of headroom above the head of the tallest dog in the enclosure; and at least 12 square feet of indoor floor space per each dog up to 25 inches long; at least 20 square feet of indoor floor space per each dog between 25 and 35 inches long; and at least 30 square feet of indoor floor space per each dog for dogs 35 inches and longer (with the length of the dog measured from the tip of the nose to the base of the tail);

- Dogs would have to have "constant and unfettered access to an outdoor exercise area" that is at least twice the size of their indoor living space;

- Female dogs would get "adequate resting time between breeding cycles," meaning they could only have up to two litters every 18 months.

Missouri state Rep. Jim Viebrock, who usually opposes animal welfare legislation, condemned the ballot initiative as a "train wreck.... just loaded with a lot of emotional stuff".

The proposed law would make violations a Class C misdemeanor.

As they usually do when faced with the spectre of providing  humane care and treatment for the animals they profit from, some puppy millers in Missouri are threatening to put down or kill their dogs. Rescues and shelters will be ready and waiting, however, to try to help find these dogs good homes.