Alison PutnamAnimals and Public PolicyProfessor Mahalley D. AllenJuly 25, 2014

Testimony of Alison PutnamPresident and Chief Executive Officer

Americans for the Prevention of Puppy AbuseBefore the Committee on Agriculture, Nutrition and Forestry

July 25, 2014

S. 395 - Puppy Uniform Protection and Safety Act (PUPS Act).

Thank you Chairwoman Stabenow and members of the Committee for the opportunity to

testify in support of the Puppy Uniform Protection and Safety Act S. 395 introduced February

27, 2013 by Senator Richard Durbin. I am Alison Putnam, President and CEO of the Americans

for the Prevention of Puppy Abuse representing a constituency of over 43 million pet households

throughout the United States.

The PUPS Act is an amendment to the Animal Welfare Act (AWA) to close a loophole

that allows puppy mills to operate outside the jurisdiction of the United States Department of

Agriculture Animal and Plant Health Inspection Service Animal Care Program. The proposed bill

provides a definition for the term “high volume retail breeder” and classifies the business as a

dealer subject to the AWA (PUPS Act 2013). Further it stipulates minimum exercise requirements

to ensure the dogs within the facility are able to move about and achieve a running stride (PUPS

Act 2013). A similar bill is under consideration by the House Subcommittee on Livestock, Rural

Development and Credit. The PUPS Act was preceded by the Pet Animal Welfare Statute of 2005

sponsored by Richard Santorum, the former Republican Senator from Pennsylvania.

Overview

For the past few years, my organization has been closely involved with the Humane

Society of the United States (HSUS), the American Society for the Prevention of Cruelty to

Animals (ASPCA) and Best Friends Animal Society in the investigation of animal abuse

perpetrated by high volume retail breeders as known as puppy mills. Puppy mills supply the

American public with purebred and designer dogs who are often ill and mistreated. Under the

AWA high volume retail breeders are exempt from the definition of dealer. The exemption

precludes the breeders from operating in compliance with the animal welfare standards outlined

in the AWA. The breeders sell over the internet or through other means to avoid inspections by

the Animal and Plant Health Inspection Service (APHIS) and licensing requirements under AWA.

The result of the exclusion is the mass production of purebred and designer dogs with

serious physical and psychological disabilities. The dogs are often contained in wire cages

stacked one upon the other surrounded by feces and carcasses of dead puppies. Pests such as

fleas and ticks regularly feed upon the dogs with abandon. Little to no care is taken by the

facility owners to oversee their operations.

Puppy mills have become the means in which an unregulated industry has managed to

circumvent laws to produce a cash crop of puppies. These puppies are then sold to the American

public. The animals are often sick or diseased. Instead of welcoming a happy and healthy new

family member into their household, purchasers are instead being saddled with expensive

veterinarian bills and subjected to pain and suffering when the puppy dies because of its

breeding.

Puppy Lemon Laws do little to combat the problem of inhumane breeding and living

conditions within the high volume facilities. Unsold dogs are left to die or sold through dealers to

research facilities. Those kept for breeding purposes live in substandard conditions where

survival is tenuous. By adding to the dog overpopulation epidemic, these facilities provide no

meaningful contribution to the pet industry and are a danger to the American public.

Currently the AWA does not appropriately address the high volume retail breeders

resulting in the cruel and inhumane treatment of thousands of dogs annually. The Office of the

Inspector General recently audited the APHIS Animal Care Program and found inspectors were

failing to properly examine facilities (USDA 2010). The PUPS Act will be a positive step

forward to correct the failings of the AWA in addressing the cruelty, disease, and contributions to

pet over-population perpetuated by high volume retail breeders.

Puppy Mill Description

Members of breed rescue groups are assaulted by the terrible smells and despairing

sounds of puppies and dogs when heading into seized facilities. One online journalist described

his experience as follows:

“There are multiple barns and outbuildings, all in disrepair. Attached to the barns and

buildings are chain link kennels. These kennels have plenty of dogs in them, but no food and

water. They are filthy from one end to another; the concrete is covered with excrement.

Inside, the barns are as cluttered and unkempt as the grounds. One of the barns is a place

of death; there are dead dogs here, some only skeletons, some so badly decayed that only hair

and skeletal forms remain, and some more recently passed on, rotting plastic bags of something.

The dogs are emaciated. It's evident that they spend a good part of their time hungry.

They live in filth. There is no clean water, no dry, clean place to lie down. The dogs are filthy,

their coats full of urine and feces. Because of the filth, there are flies; most of the dogs have

missing pieces of ears, eaten away by flies. Where there is water, it is mostly green.

At this mill, a mother dog is found in a shed with a litter of pups. The windows and doors

are shut, there is no water, and it is 98 degrees. Two of the pups are dead. Elsewhere, other

mothers are dead, leaving their pups to their own devices for survival. One mother is stuffed into

a crate with her litter. The crate is in a van, all windows and doors shut, no food or water. Under

the empty water pail lies a dead, stiff puppy” (manuelsweb.com 2014).

Cruelty, Disease and Overpopulation

Cesar Millan, considered an expert in canine behavior said “If America wants to call

itself a dog loving country, we must treat dogs humanely” (The Daily Show 2010). Unfortunately

based on our evidence America is failing to treat dogs humanely by continuing to allow

unfettered sale of puppies through the internet or other means by unlicensed high volume retail

breeders. In 2009, it was estimated that 4,000 high volume breeding facilities were operating in

the United States (IFAW 2012). As of 2014 the HSUS estimates that there are 10,000 licensed

and unlicensed high volume breeding facilities (HSUS 2014). From those 10,000 facilities, 2.04

million puppies are born annually (HSUS 2014). Of those 2.04 million puppies, 1.02 million are

from non-USDA licensed facilities (HSUS 2014).

The overcrowding and inhumane conditions in the facilities result in parasitic and

infectious diseases (HSUS 2012). Some animals injured as a result of their continuous

confinement in wire cages with other dogs are left untreated by veterinarians in an effort by the

breeders to maintain low costs with high production (Fumarola 261, 1999). High volume retail

breeders keep costs contained by not employing adequate staff, not utilizing appropriate

veterinarian care and not paying licensing fees (HSUS 2013). Lack of veterinarian care, although

cost efficient by the breeders’s standards, results in numerous diseases such as “fungal skin

infections, urinary track infections, coccidian, giardia and Chlamydia” as described by Debbie

Leddy, Associate Director of the Williamson Animal Control Department after a seizure from a

Tennessee breeder (Savino 648, 2007).

The HSUS examined the number of puppy complaints received to estimate the statistical

impact of puppy mills to the health and welfare of dogs (HSUS 2012). The research found that

40% of puppies were ill when purchased, 34% had congenital defects and 15% died shortly after

purchase (HSUS 2012). Medical issues were not the only complaints received by puppy buyers.

Many found that the dogs had not been properly socialized with humans and were excessively

fearful (Savino 649, 2007). Marc Bekoff, a biologist and editor of “The Encyclopedia of Animal

Behavior,” has stated that puppies between the ages of four to eight weeks should have

interaction with humans and other dogs in order to grow into properly socialized dogs (Darragh

2007). The failure to do so impacts the psychological health of the dog leading to behavioral

problems (HSUS 2012). Nervous, fearful dogs who have not been properly socialized, but

instead continuously confined in wire cages may also become biters thus endangering their

human family (Darragh 2007).

Purchasers face numerous problems with dogs acquired from high volume retail breeders.

Many due to economical reasons or the disreputable nature of the seller end up abandoning or

surrendering the physically or psychologically sick dog. Shelters in the United States are already

over burdened with approximately 3.9 million dogs entering shelters annually (ASPCA 2014). Of

those about 1.2 million dogs are euthanized every year (ASPCA 2014). Approximately 25% of

all dogs entering shelters are purebred dogs (HSUS 2014). People purchasing puppies do not

stop to think about the environment in which the puppy was raised. The low cost of those bred in

puppy mills is an incentive to purchase. Breeders profit greatly from the increased demand by pet

retailers for inexpensive product. Encouraged by demand, breeders look for further reductions in

costs that ultimately result in cruel and inhumane treatment of dogs (Tushaus 514, 2009).

Opposition to the PUPS Act

Designed to amend the AWA to provide better protection and more humane treatment in

high volume retail breeding facilities, the PUPS Act has been faced with strong opposition.

Although submitted to this committee in early 2013, other demands continue to take precedence

while puppies continue to die. The USDA is unable to ensure compliance with the AWA (USDA

2010). The USDA recognizes its inability through the APHIS Animal Control Program to

adequately inspect the puppy mills (USDA 2010). The continued exploitation of dogs online or

through the newspaper by non-USDA licensed breeders is beyond their capabilities at this time.

We need stronger laws to assist those on the front lines in ensuring the humane treatment of dogs

in all high volume retail facilities.

Opponents of the bill claim that the laws in place are adequate to ensure the necessary

care and treatment of the animals. The Cavalry Group has encouraged its members to speak out

against the PUPS Act claiming that the legislation is deceptive and “written to advance the

animal rights agenda promoted by the Humane Society of America” (The Cavalry Group 2012).

In its campaign to stop the PUPS Act, the group asserts that the amendment will reduce the

number of jobs available to Americans (The Cavalry Group 2014). However, research has shown

that high volume retail breeders do not provide significant employment or adequate revenue to

the local community (HSUS 2013). Too often the owners do not pay taxes or licensing fees and

the resulting waste from the dogs pollutes the local environment (HSUS 2013). Once a facility is

forced to close due to repeated violations of the AWA, the economic burden to the community

can be devastating and may run into hundreds of thousands of dollars (HSUS 2013). Contrary to

the allegations of The Cavalry Group, adherence to the AWA and the PUPS Act will help reduce

significant costs to local communities by eliminating the need for the impoundment of the dogs.

Other criticism of the PUPS Act comes from the American Kennel Club (AKC).

Consistent with the views of The Cavalry Group, the AKC claims the PUPS Act will put small,

hobby breeders out of business by instituting an unnecessary and bureaucratic burdens on

breeders. The AKC contends that their inspections are more thorough and its certification is

viewed as reputable (Today Show 2013). The public considers an AKC certified breeder to be

held to the highest standards of animal care and welfare. Lisa Peterson, Director of

Communications for the AKC, was asked during an interview by Jeff Rossen of the Today Show

how she would grade their inspection program (Today Show 2013). Peterson answered “I’d give

us an A” but Lillian Devera, who bought a puppy from an AKC certified breeder, would disagree

(Today Show 2013). The puppy she brought home was very sick even though the AKC had

inspected the breeding facility and found it to be in compliance (Today Show 2013). Devera’s

experience was not unique. The kennel was subsequently investigated by law enforcement and

dozens of dogs were rescued from squalid and inhumane conditions (Today Show 2013).

Opponents of the PUPS Act remain focused on dogs as property from which profits can

be derived. The Cavalry Group insists that the HSUS is using the legislation to promote adoption

while undermining a breeder’s right to sell sight unseen dogs via the phone, internet or mail (The

Cavalry Group 2012). The documented incidents throughout the country of dogs inhumanely

confined in wire cages unable to stand up is not addressed within their arguments. Nor is the

urine and feces the dogs are subjected to live considered in their derision of the PUPS Act

amendment to the AWA. The Cavalry Group, like the AKC, is in fact representing the breeders

not the dogs. Those breeders who raise healthy and well-socialized dogs are not at risk.

Conclusion

I would first like to thank you for your time today to discuss an issue that is a major

concern to the pet loving public. According to the American Veterinary Medical Association,

over 36% of households own one or more dogs (AVMA 2012). Many of you in this room have

loved and cared for a family dog. You can appreciate the joy a happy and healthy puppy brings to

your home. Unfortunately for some, the dream is not realized because of the failure of high

volume retail breeders to exact humane standards in their breeding programs. Today over a

million dogs die in shelters. Approximately 250,000 of those perishing are purebred. The

position of the Americans for the Prevention of Puppy Abuse is not that responsible breeders

who focus on the health of the dog should be displaced or presented an unnecessary burden of

compliance. We seek to improve the AWA through the PUPS Act to eliminate those breeders who

disregard the life of the dog to focus solely on profits.

Citations

American Society for the Prevention of Cruelty to Animals. "Pet Statistics." American Society for the Prevention of Cruelty to Animals. Accessed July 21, 2014. http://www.aspca.org/about-us/faq/pet-statistics.

American Veterinary Medical Association. "U.S. Pet Ownership Statistics." American Veterinary Medical Association. 2012. Accessed July 23, 2014. https://www.avma.org/KB/Resources/Statistics/Pages/Market-research-statistics-US-pet-ownership.aspx.

Animal Welfare Act, United States Code §§ 54-2131-2159 (U.S. Government Printing Office 2012).

Darragh, Tim. "Lemon Law Can't Take the Bite out of Buying a Sick Dog." Themorningcall.com, March 11, 2007. Accessed January 19, 2014. http://www.mcall.com/news/all-special-kennel-lemonlaw-031107,0,4672754.story.

Dawson, Rosario, writer. "Big Red Dog." In The Daily Show. Comedy Central. November 11, 2010. Accessed July 22, 2014. http://thedailyshow.cc.com/videos/sscv3f/big-red-dogs.

"Docket ID: APHIS-2001-0003; Animal Welfare; Retail Pet Stores and Licensing Exemptions." Jeffery Flocken to Ton Vilsack, Secretary, United States Department of Agriculture. August 14, 2012. Http://www.ifaw.org/sites/default/files/Comments-International-Fund-for-Animal-Welfare-IFAW-Docket-ID-APHIS-2011-0003.pdf, Washington, D.C.

Fumarola, Adam J. "With Best Friends Like Us Who Needs Enemies--The Phenomenon of the Puppy Mill, the Failure of Legal Regimes to Manage It, and the Positive Prospects of Animal Rights." Buffalo Environmental Law Journal 6, no. 2 (Spring 1999): 253-89. Accessed July 12, 2014. http://heinonline.org/HOL/LandingPage?handle=hein.journals/bufev6&div=14&id=&page=.

The Humane Society of the United States. "Pets by the Numbers." The Humane Society of the United States. January 30, 2014. Accessed July 20, 2014. http://www.humanesociety.org/issues/pet_overpopulation/facts/pet_ownership_statistics.html.

The Humane Society of the United States. "Puppy Mill Closure: The Economic Impact on a Local Community." The Humane Society of the United States. August 12, 2013. Accessed July 12, 2014. http://www.humanesociety.org/assets/pdfs/pets/puppy_mills/economic_impact_puppy_mill.pdf.

The Humane Society of the United States. "Puppy Mills: Facts and Figures." The Humane Society of the United States. January 2014. Accessed July 24, 2014. http://www.humanesociety.org/assets/pdfs/pets/puppy_mills/puppy-mills-facts-figures.pdf.

"Puppy Mill Nightmare." Manuel's Web (blog). Accessed July 25, 2014. http://manuelsweb.com/puppymil.htm.

Puppy Uniform Protection and Safety Act, S. 395, 113 Cong. (2013).

Rossen, Jeff, and Avni Patel, writers. "Today Show." In Rossen Reports. NBC News. May 1, 2013. Accessed July 19, 2014. http://www.today.com/news/akc-registered-breeders-raising-dogs-miserable-conditions-6C9640008.

Savino, Stephanie K. "Puppy Lemon Laws: Think Twice before Buying That Doggy in the Window." Penn State Law Review, 2009th ser., 114, no. 2 (2009): 643-66. Accessed July 07, 2014. http://www.pennstatelawreview.org/articles/114%20Penn%20St.%20L.%20Rev.%20643.pdf.

"STOP THE P.U.P.S. ACT S. 395/H.R. 847." The Cavalry Group. 2012. Accessed July 18, 2014. http://the-cavalry-group.rallycongress.com/9441/stop-pups-acts-395hr-847/.

Tushaus, Katherine C. "Don't Buy the Doggy in the Window: Ending the Cycle That Perpetuates Commercial Breeding with Regulation of the Retail Pet Industry." Drake Journal of Agricultural Law 14, no. 3 (Fall 2009): 501-19. Accessed July 12, 2014. http://www.animallaw.info/articles/arus14drakejagricl501.htm.

USDA Office of Inspector General. Animal and Plant Health Inspection Service Animal Care Program Inspections of Problematic Dealers. Report no. 33002-4-SF. May 2010. Accessed July 22, 2014. http://www.usda.gov/oig/webdocs/33002-4-SF.pdf.