Update April 5, 2008: The bill did not make it out of committee before the crossover date and is now dead for this session. Click here to read what Joanne Bourbeau, New England Regional Director HSUS, has to say about this.

Original report: Some of those who profit from the pet trade - for profit breeders or puppy millers, pet stores, dealers or brokers, veterinarians and others - will never support any regulation no matter what. That was proved once again this past month in Vermont.

In a rambling, vitriolic diatribe wrapped in the First Amendment, one proponent of the pet trade, Randal Smathers, did his best to kill the widely supported bill, S. 341, an effort to limit for profit dog breeders in the state.  The bill was introduced by Sen. John Campbell.

Currently under Vermont law anyone with two or more pets or wolf hybrids kept for breeding must obtain a license at a cost of $10.  20 V.S.A. § 3681 Under S. 341 there would be a limit on the sale of dogs per breeder to 19 litters or 100 dogs or wolf hybrids per year.

S. 341 would require dog breeders which includes anyone who breeds one or more litters of puppies each year for sale, to comply with the following requirements:

(1)  Inoculate each puppy with DHPPC (distemper, hepatitis, parainfluenza, parvovirus, and coronavirus) vaccine between 7-8 weeks of age.

(2)  Before 8 weeks of age, each puppy must be certified by a veterinarian to be fit and healthy, and to have received appropriate inoculations.  The certification shall be provided to the recipient at the time of donation or to the consumer at the time of sale.

(3)  Not donate, sell, or separate a puppy from the litter until the puppy is at least 8 weeks of age.

(4)  Not sell or donate more than 19 litters or more than 100 dogs in any calendar year.

Dog breeders that fail to comply could face fines up to $500 per animal.

Pet merchants are already required to obtain licenses. 20 V.S.A. § 3906  The new law expands the definition of pet merchant to include not only pet stores and dealers but also dog breeders and anyone else who sells an animal. The new law would increase penalties for failure to comply with the licensing requirements and regulations from $500 per violation to $500 per animal affected.

Under the new law dealers would include anyone who "sells, exchanges, donates, or offers to sell, exchange, or donate animals" even if they are offspring of their pets. People can no longer get around the requirement they must obtain dealer's licenses by claiming they are only selling their own pets' puppies. 20 V.S.A. § 3901

The new law would also require the agency of agriculture to  issue regulations for the Vermont Spay and Neuter Incentive Program. This program provides low cost spay/neuter and vaccinations. 81 veterinary clinics participate in the program. In the last 12 months of operation, VSNIP spent nearly $250,000 to have dogs and cats neutered and vaccinated.

These regulations to be issued would include requirements that veterinarians report vaccinations to the agency and the agency report information about dogs to local cities and towns where the owners are located.

After S. 341 was introduced in the legislature, a provision was added to require anyone who advertises dogs for sale but who is not already  licensed as a dealer or permitted as a breeder, to apply for an animal vendor's permit for a fee of $50.00.  All those with animal vendor's permits would be required to include "the title of the permit and the permit number in any printed sale material, including websites, advertisements in periodicals, brochures, signs, and in any advertisement on television or radio."  The permit information would be required to be provided to anyone buying the dog.  

Failure to comply with this permitting requirement would mean a fine of up to $300.00 for each day of noncompliance.

All fees and fines would help fund the Vermont Spay and Neuter Incentive Program and costs of enforcement and administration.  

Later, the bill was amended to make clear publications that accept ads from sellers are not responsible for these requirements.  

Will the Supporters of the Pet Trade Kill this Bill?

The bill has been reported favorably out of the Judiciary, Finance and Appropriations Committees.

Regardless, and after the clarification that publications would not be held responsible for the ads, Randal Smathers issued an editorial, describing the fines as "extort[ion]" and insinuating there will no longer be hunting or cattle dogs.

Mr. Smathers lashed out against a perceived infringement of the First Amendment and restraint of trade. He worried that churches and schools placing ads of dogs for sale would face fines of up to $300 per day.

If Mr. Smathers hoped to whip up public hysteria against the bill, S. 341, it appears he may have failed. This common sense bill is supported by Vermont Federation of Dog Clubs and the Vermont Veterinary Medical Association.

Why S. 341 is Important

 The bill targets the many unregistered and unlicensed breeders in the state. It is hoped that with these requirements, the state can limit the size at least of commercial dog breeding operations and get control of increasing numbers of backyard breeders. These operations typically keep dogs in deplorable conditions, breeding females until their organs literally fall out. Dogs kept or raised in puppy mills or backyard breeding operations make up anywhere from 25-30% of  animals that end up unwanted, euthanized in shelters.

It is also hoped the bill will raise money for VSNIP and assure cities and towns receive much needed money from licenses for all dogs in their locales.

A study commissioned by the state's Agency of Agriculture in 2004 found that very few for profit breeders are registered as required by law. The study also revealed they do not pay taxes on sales of dogs. These irresponsible breeders are making thousands of dollars annually from the sale of dogs and cats and paying no taxes.

It is time these seedy operations that profit off of innocent animals at least pay taxes. The citizens of Vermont, the taxpayers, should not be required to pay the costs of doing this business. The millers and backyard breeders, their dealers and other pet merchants should contribute to the costs of the animal control and shelters forced to deal with the abuse and neglect and abandonment of these poor animals they keep or churn out every year.    

What You Can Do  

Click here to email Vermont Senators in support of S. 341.

If you live in Vermont, click here to find your senator.