Update July 3, 2008: The comprehensive Pennsylvania puppy mill bill, H.B. 2525 has been sent to the Appropriations Committee. As Animal Law Coalition reported below, the bill was scheduled for a vote before the full House but after opponents attached over 100 amendments, it was sent to this committee. Click here for more on the amendments and the politics threatening to defeat this bill. 

H.B. 2532 which would make it illegal to debark, dock tails or perform surgical births without a veterinarian using anesthesia, is now in the Rules Committee.....Who could possibly, reasonably oppose this bill??  

What You Can Do - The breeders have lobbyists; the dogs are depending on you.

Your help is needed to pass these bills. The legislature has recessed for the summer, BUT you can still write or call committee members and other representatives and urge their support of these bills. Click here to find members of the Appropriations Committee. Call or write and urge them to drop the amendments and allow a vote on H.B. 2525 by the full Pennsylvania House. 

Click here to find Rules Committee members. Call or write and urge them to allow the full Pennsylvania House to vote on H.B. 2532.

 Click here to find the members of Pennsylvania's House of Representatives including your own representative if you live in Pennsylvania. Call or write and urge them to support H.B. 2525 and H.B. 2532. Don't wait. Do it right now.

Update July 1, 2008: The Pennsylvania House of Representatives could vote any time, on H.B. 2525, Governor Ed Rendell's comprehensive puppy mill bill as well as H.B. 2532 which would eliminate debarking, tail docking, and surgical birthing without a veterinarian using anesthesia.

These bills have passed House committees and now face votes in the full House. Sources say the bill is most likely to be voted on at 5:30 p.m. EST on Wednesday, July 2, 2008. To watch the proceedings, go to http://www.pcntv.com/ and look for STREAMING VIDEO - select PA HOUSE

Read Animal Law Coalition's earlier reports for information on these bills. At the end of this article is a list of the improvements the comprehensive puppy mill bill, H.B. 2525, will make in the lives of dogs trapped in the state's commercial dog breeding operations known as puppy mills. 

What You Can Do - The breeders have lobbyists; the dogs are depending on you.

Your help is needed to pass these bills.  Click here to find the members of Pennsylvania's House of Representatives including your own representative if you live in Pennsylvania. Call or write and urge them to support H.B. 2525 and H.B. 2532. Don't wait. Do it right now.

Update June 25, 2008: The puppy mill bill, H.B. 2525, passed the House Agriculture and Rural Affairs Committee today by a vote of 17-12!!

Commercial dog breeders, sportsmen and hunters came to the hearings the past two days to oppose the bill. They offered a number of amendments.  

One amendment proposed to eliminate the State's authority to deny a kennel license to someone who has been denied a license by a local council or zoning board.  Jessie Smith, Chief of the Dog Law Enforcement Bureau, explained it is "silly" for the state to allow someone to operate in violation of local law. She emphasized that this only applies upon a  final order.  The amendment was defeated.

In another notable proposed amendment, opponents sought to require probable cause for inspections of puppy mills. Jeff Paladina, an attorney for Dog Law Enforcement,  explained, "Courts have said in the context of administrative inspections, criminal probable cause is not required because there is a lesser expectation of privacy. The dog wardens do not know whether a violation is occurring inside, so they cannot meet criminal probable cause and are frustrated in enforcing the standards the legislature has created. Our probable cause [will] be based on a comprehensive scheme of enforcement. ... They have all subjected themselves to greater regulation. This amendment would ...make it impossible for us to enforce the provisions of the act."  The amendment was defeated.

Another amendment that would have granted millers more leeway in refusing entry for inspections and searches was also defeated. 

The bill is supported by Governor Ed Rendell in an effort to improve conditions for dogs trapped in Pennsylvania puppy mills. For a detailed look at the bill, read Animal Law Coalition's original report below.

For more on a companion bill, H.B. 2532, that has passed in the Judiciary Committee, read Animal Law Coalition's reports below. That bill would eliminate some of the worst abuses in puppy mills - debarking, tail docking and surgical birthing without a licensed veterinarian using anesthesia. 

These bills, H.B. 2525 and H.B. 2532, now go to the full House of Representatives for a vote.  

Update June 24, 2008: The House Judiciary Committee has voted to pass H.B. 2532, a bill that would ban debarking, tail docking and surgical birthing done without a veterinarian using  anesthesia.

The bill will also allow dog wardens in counties with no humane officer to cite commercial breeders for cruelty violations.  

The bill now goes to the full House of Representatives for a vote.  Click here to find the other members of Pennsylvania's House of Representatives. Call or write and urge them to support H.B. 2532. Don't wait. Do it right now

This bill was introduced by Rep. Thomas Caltigirone. Unless H.B. 2532 becomes law, commercial breeders will continue to be able to debark dogs by shoving a pipe or some other object down the dogs' throats without any anesthesia, to rupture the vocal cords.

Unless this bill becomes law, commercial breeders will continue to be able to cut open the bellies of pregnant dogs, take out the puppies, and sew them up, all without anesthesia or the aid of trained personnel, let alone a veterinarian.

Unless this bill becomes law, commercial breeders will continue to be able to cut off puppies' tails, again without anesthesia or the expertise of a veterinarian, leaving the dogs vulnerable to ongoing pain, gorwths and scar tissue, and problems with biological functioning and even human and dog interactions. 

Update June 23, 2008:   There is likely to be a vote as early as tomorrow in the House Agriculture and Rural Affairs Committee on H.B. 2525, more commonly known as the Pennsylvania puppy mill bill.

The bill faces strong opposition from breeders that claim it will put their puppy mills out of business. The bill imposes standards for humane care and sanitary conditions for commercial kennels with 60 or more dogs and sets license fees as well as criminal fines up to $1000 per offense and civil penalties up to $1000 per day.

In hearings last week puppy millers all but admitted it is not profitable to operate a commercial dog breeding kennel that includes humane care and treatment. Opponents of the bill testified before the Committee, insisting they cannot afford to meet the standards set by this bill. Ken Brandt, a lobbyist for the Pennsylvania Professional Dog Breeders Association was blunt in telling the committee the purpose of the bill was to shut down their businesses.     

The requirements in this bill are, however, modest. Look at Animal Law Coalition's earlier report below for a detailed listing of the specific requirements of this bill, H.B. 2525.

Update May 30, 2008:  During her show yesterday famed talk show host Oprah Winfrey read a letter from Governor Ed Rendell about puppy mills and has called on her viewers to support an end to mills. On her website Oprah has endorsed the Pennsylvania bill that would more strictly regulate dog breeders and improve conditions for the dogs trapped in the pet trade. 

Update May 14, 2008: Pennsylvanians - and their dogs - came to the Capitol today for a rally to hear more about the overhaul of the state's Dog Law, proposed amendments aimed at improving conditions for dogs trapped in puppy mills.

Jessie L. Smith, special deputy secretary, Dog Law Enforcement, said, "Under current law, a kennel owner can choose to confine dogs in small, stacked, wire-floored cages with no heat, no opportunity for exercise, and no routine medical care. No matter how distressing this is, it is completely legal under the current Pennsylvania Dog Law and regulations. The proposed legislation provides, for the first time, language to take action on these situations."

Smith noted, "Space and exercise requirements in the proposed legislation specifically address commercial breeding kennels, where dogs can spend their entire lives in small cages with no exercise requirements under current law." 

The amendments which are also notable for requirements for veterinary care, are contained in H.B. 2525 and summarized in Animal Law Coalition's earlier report below.

Smith noted the new law basically singles out commercial breeding kennels for change. The regulations for other kennels are generally unchanged except for requirements for fire safety and exercise.

Attendees were also at the rally at the Capitol in support of 2 other bills pending in the Pennsylvania legislature: H.B. 499 which would increase fines for cruelty to animals and also require owners of dogs seized in these cases to pay the costs of sheltering and care of the animal and failure to do so can mean the animal is deemed abandoned. Click here for a copy of the bill.

A third bill, H.B. 2532, would prohibit debarking, tail docking or surgical birthing unless done by a veterinarian under anesthesia. Click here for a copy of that bill.

Original report: Jessie L. Smith, Special Deputy Secretary, Dog Law Enforcement, Pennsylvania Dept. of Agriculture, is announcing changes in the state Dog Law pending in the legislature. These changes were initiated and supported by Governor Ed Rendell. 

Representative James E. Casorio is prime sponsor of Dog Law overhaul along with Rep. Thomas R. Caltagirone and Rep. Gene DiGirolamo.

Click here for a copy of the long awaited proposed amendments to the Dog Law that proponents hope will at least ease the suffering of thousands of dogs trapped in commercial breeding facilities or puppy mills in the state.   

Pennsylvania's Lancaster County is known as the puppy mill capital at least of the eastern United States. Approximately 53 dog wardens oversee more than 2100 puppy mills.

It is estimated 1 million puppies are born in Pennsylvania each year in these commercial breeding operations or puppy mills.

Though Pennsylvania has an extensive Dog Law and a bureau devoted to dogs, the puppy mills remain crude operations where dogs live in deplorable, torturous conditions. They live in small, dirty, crowded cages typically with little or no care, not enough food and no exercise or human interaction. They are lucky if the wire floors of their cages where they lay all day are not covered in feces, rotten food and garbage. It is worse for the dogs used for breeding. The female dogs are forced to breed litter after litter until their organs are literally falling out. Litters are often simply ripped from their bodies which may be sewn back together with fishing line. They never leave their cages.

Recently, on her television show Oprah Winfrey played video showing dogs kept in squalid conditions at commercial breeding kennels in Lancaster County visited by Bill Smith of Main Line Animal Rescue and reporter Lisa Ling. Click here for more on that show.

It is estimated up to 99% of dogs sold in pet stores are from commercial dog breeding kennels or puppy mills. Anywhere from 25-30% or more of these puppies eventually end up in public shelters.

Jenny Stephens, director of North Pennsylvania Puppy Mill Watch, www.nppmwatch.com, observed, "the Bill contains many excellent provisions including [requirements for] heat, solid surfaces and veterinary care, things that advocates could only have hoped for but probably not realized on behalf of the dogs if not for this legislation."

The Dog Law currently applies to breeders with 26 or more dogs. Highlights of the proposed amendments include:

The Dog Law Advisory Board would be increased to include 8 members of the public. (The Dog Law Advisory Board has no rule making authority. The board currently includes representatives from animal rescue organizations, animal research facilities, dog breeders or puppy millers, farmers, veterinarians, hunters and pet shop owners. 3 Pa. C. Sec. 459-901. The Secretary of Agriculture supervises the board.)

The Dog Law would apply not only to kennels that keep 26 or more dogs but those that keep or transfer 26 or more dogs.

Large commercial mills with 3,000 or more dogs would be welcome to register and do business; there are no limits on the numbers of dogs that can be kept or bred; there are no limits on the breeding at all.

There would be a licensing requirement for dealers, meaning basically those who act as intermediaries or brokers.

Foster homes must be associated with rescue organizations that have a license to operate as "rescue network kennels," and foster homes must display the license of the dealer or rescue network kennel with which they are associated.

No kennel licenses could be issued to anyone convicted in the past 10 years of animal cruelty under 18 Pa.C.S §5511 or another state's laws.  

A number of factors could disqualify someone from obtaining a kennel license including:

   Conviction for animal cruelty more than 10 years ago if the person is not rehabilitated or would jeopardize health, safety and welfare of dogs;

    Conviction of a felony

    Prior revocation or refusal of a license in the past 10 years

    Disapproval for operating a kennel from local authorities based on local ordinances

    Prior violation of consumer trade laws

    Prior agreement with the Attorney General not to operate a kennel

    Someone who would be refused a license will play a role in the kennel

Inspections by dog wardens and state agriculture department officials would increase to twice each year and these officials would have the authority to obtain a warrant for inspections.

The Department of Agriculture could obtain injunctive relief and issue cease and desist orders and require divestiture of all but 25 of the dogs, but kennels could continue to operate under certain conditions if a hearing is requested within 10 days though the dogs can be removed.

There would be bonding requirements which means owners must pay for the care of dogs during pending cruelty cases or forfeit ownership of the dogs.

There would be a scheme of civil penalties or fines for violations.

Non-profits would be required to keep the same records as breeders and dealers and the record keeping requirements would be increased to include the name and address of the previous and current owner and anyone to whom the dog is sold or transferred.

All kennels would be required to implement a veterinarian approved plan for the opportunity for exercise though there is no requirement as to how often the dogs must be allowed to exercise.

All kennels would be required to provide smoke alarms or fire extinguishers; all housing facilities would be required to have fire extinguishers and indoor facilities "may have" a sprinkling system.

Commercial kennels that breed and sell dogs to dealers or pet stores or sell more than 60 dogs per year, would in addition be subject to these requirements:  

These commercial dog breeders would be required to provide enclosures for the dogs that "enable" them to "remain dry and clean"; are cleaned daily, and are adequately ventilated and lighted, protect them from humidity and temperatures below 50 degrees F and above 85 degrees F. and from temperatures and weather that "may be hazardous or uncomfortable" for the dog; have surfaces that are impervious to moisture, may be readily cleaned and sanitized or replaced and that protect the dogs from injury;

Dogs could continue to be kept in cages but which can be stacked in no more than 2 rows and the lowest level may be no higher than 4 ½ feet from the floor or ground;   

The front of the cage must have the dogs' birth dates, rabies vaccination dates and dates of last veterinary check;

Veterinary records would not be required to be kept longer than the dog is at the kennel;

Dogs could only be euthanized by a veterinarian;

The commercial breeder must implement a program of veterinary care that must be in writing and include a schedule for physical examinations and vaccinations, disease control and prevention, pest and parasite control, nutrition, emergency care and euthanasia;

A mother with puppies will be required to have at least 5% more floor space for each puppy unless a veterinarian approves otherwise;

Dogs must be moved out of the cage during cleaning;

Dogs must be provided with adequate, clean, uncontaminated food and potable water at all times unless a veterinarian documents otherwise;

Kennels must have a smoke alarm and fire extinguisher or sprinkling system.

For the dogs in commercial kennels that are over 12 weeks:

Cages must have a solid floor and be twice the size allowed under the USDA regulations, meaning floor space would be calculated according to the following procedure:

(1) Measure the length of the dog, in inches, from the tip of its nose to the base of its tail.

(2) Add 6 inches to that number.

(3) Square that sum.

(4) Divide that product by 144.

(5) Multiply by 2.

That number would represent the minimum required floor space for that dog in square feet.

Example: A dog measures 24 inches from the tip of its nose to the base of its tail (Step 1). Adding 6 inches to that number (Step 2) gives a sum of 30 inches. Squaring that sum (Step 3) gives a product of 900 square inches. Dividing that product by 144 (Step 4) gives a quotient of 6.25. Multiply 6.25 by 2. 12.50 square feet is the minimum amount of floor space which must be provided to that particular dog.

Up to 6 dogs could be in a cage and the floor space would then be required to be doubled for the second dog; for each additional dog, 1.5 times the space is to be added.

Cages could not be stacked at all and could be no more than 12 inches off the ground or floor.

Cages must open or be next to an outdoor exercise area which must be twice as large as the cage.

Dogs must be examined by a vet once each year or pregnancy "whichever occurs more frequently".