Update May 7: Oklahoma Gov. Brad Henry has now signed into law S.B. 1712, known as the Oklahoma black market breeder bill.  

Update April 29: A last motion to reconsider was defeated, and the Oklahoma black market breeder bill, S.B. 1712, is awaiting signature by  Governor Brad Henry!  

For more on this bill that will regulate many dog and cat breeders, and a competing bill also filed this session, read Animal Law Coalition's reports below.

Update April 27, 2010:  Oklahoma's black market breeder bill, S.B. 1712, has now passed the state House by a vote of 59-31 (engrossed version attached below). The Senate gave final approval to House amendments by a vote of 29-17.

A motion to reconsider is pending, however. Lobbyists for breeders are still trying to kill the bill.

In the meantime, the Oklahoma Pet Quality Assurance and Protection Act, H.B. 2745, failed to pass in the Senate. The bill earlier passed in the House by a vote of 63-30.

Original report: There are two bills pending in the Oklahoma legislature that would regulate commercial dog and cat breeders. 

Commercial Pet Breeders Act or Black Market Breeders Bill

S.B. 1712 is called the Commercial Pet Breeders Act.

State Sen. Patrick Anderson, who introduced the bill, called Oklahoma a "target for ... mills".

Under S.B. 1712 dubbed the black market breeder's bill, a board would be created to regulate commercial breeders with 11 or more breeding dogs or cats at a time.

The executive director of the board would be appointed by the governor along with representatives of breeders, animal welfare, and the Oklahoma Veterinary Medical Association. Other members would be the Dean of the Oklahoma State University Center for Veterinary Health Sciences, Dean of the Oklahoma State University Division of Agricultural Sciences and Natural Resources Administration, and the Chair of the Oklahoma Tax Commission. (The tax commissioner would make sure the state collects sales taxes; it is estimated millions of dollars are lost each year in sales taxes breeders fail to pay.)

The Board would set fees and licensing and care standards and require a pre-license inspection and at least one inspection each year for each commercial breeder. Inspectors would also investigate complaints.

Breeders convicted of a violation of animal cruelty laws or 3 violations of the new Act would be ineligible for a license. Breeders could not renew licenses as long as they are in violation of the Act or any rule issued by the Board.

License numbers must be displayed including in advertisements and contracts for sale of animals.

Breeders would be required to keep health records and also submit an annual report to the Board that would include the number of adult intact animals held at the facility.

Animal control would be entitled to receive copies of the annual report and the health records.

The Board would have the authority to impose civil penalties and obtain injunctions for enforcement.

Anderson estimates 100,000 dogs are sold by Oklahoma commercial breeders each year, and the state is losing up to $20 million in revenue in unreported sales taxes. Indeed, his bill has been called the Black Market Breeders' Bill.  

Oklahoma Pet Quality Assurance and Protection Act

This bill directs the Oklahoma Department of Agriculture, Food, and Forestry to allow any person or entity that sells, gives away, or transfers at least 35 dogs or cats each year to obtain a license voluntarily.  This voluntary regulation scheme was introduced by state Rep. Lee Denney.

There could be one non-transferable voluntary license per location.

Licensing and regulation

The State Board of Agriculture would set minimum standards that would be no lower than USDA regulations including for veterinary care and record keeping.  Applicants must submit to an inspection and provide the department with a "husbandry and breeding protocol, if applicable" as well as a veterinary protocol approved by a veterinarian. If the department is satisfied that the operation meets its requirements, a license can be issued to the applicant. Once licensed, the person or entity would continue to be subject to inspections.  Any records submitted to the department would be made available to the public.

Licenses would be denied or revoked for anyone whose Animal Welfare Act license was "suspended, revoked, or whose application was refused due to the improper care of animals" or who has been convicted of a violation of any law relating to animal health or welfare or use of veterniary drugs. Licenses could also be denied, suspended, revoked or not renewed for material misstatements, misrepresentations or falsifications in the application or renewal, in the records or for refusal to permit inspections or violation of the rules.

Licenses could be denied, suspended, revoked or not renewed, or fines could be imposed for failure to comply with the requirements of the new law or its regulations.

Advisory committee

There would also be a rule advisory committee made up largely of veterinarians and breeders with one representative of the animal welfare community. The bill authorizes a scheme of fees to be developed for licensing based on quantity of dogs and cats sold, given away or transferred and also for fines.

Consumer protection 

The license would be required to be "conspicuously displayed" to the public and listed on all web sites, ads, correspondence, anything to do with the operation. A copy of the license must be provided to purchasers or anyone else to whom the dog or cat is transferred.  

Dogs and cats of licensees could be sold, given away or transferred at 6 weeks of age and must also have a health certificate and, if moving interstate, a veterinary inspection and microchip or tattoo or other permanent identification. Anyone taking the animal would be entitled to review health information. The bill states,  "No person shall sell, offer to sell, promote, advertise, or otherwise market or represent a dog or cat as a Pet Quality Assurance animal unless the breeding and rearing of the dogs or cats is in compliance with the Oklahoma Pet Quality Assurance and Protection Act". 

Licensees must keep the bills of sale, certificate of Veterinary Inspection for each animal and any other records required by the Department.

The idea behind this bill is that commercial breeders, pet stores, dealers, and rescues will want to have the Pet Quality Assurance label and volunteer for the regulation.

Large scale puppy and cat breeding operations cannot be profitable and humane.  For more on puppy mills in Oklahoma..... Should either S.B. 1712 or H.B. 2745 become law, it would be important to set and enforce truly humane standards of care.