Prop B, which narrowly passed by voters in the state of Missouri yesterday, is indeed a victory for dogs/puppies stuck in puppy mills in the state given the title as being known as the worst state for puppy mills.
This new law will take effect November of 2011 for ” dog breeders” to comply with the new regulations in Missouri.
While I am very happy to hear this news, these regulations only meet basic needs of these dogs/puppies stuck in these horrific places. While everyone is quite excited for Prop B to be law, there are and will be concerns. What exactly does all of this mean?
The following comes from NPPMWatch about Prop B followed by the guidelines for the new law in Missouri.
Congratulations to everyone who helped to get Prop B passed! Great job!
The day I will be ecstatic is when puppy mills are out of business for good!!!
WHAT THIS MEANS FOR DOG BREEDERS:
In a previous Missourian article, Barbara York, president of the Missouri Pet Breeders Association, said the new regulations “are so cost-prohibitive that no one will be able to come into compliance.”
Breeders said the new laws might put them out of business because they don’t have the money to build new facilities.
In the same Missourian article, one breeder, Hubert Lavy of Silex, said building a new shelter to house all of his dogs would cost him $50,000. He said Proposition B would put him out of business.
Karen Strange, president of the Missouri Federation of Animal Owners, said very few breeders would be able to comply with the new regulations because of the space requirements.
She also said the debate about tighter restrictions on licensed breeders would continue despite election results.
“This will not be decided tonight either way, regardless of whether we win or lose,” Strange said Tuesday.
WHAT ABOUT THE SHELTERS?
Alan Allert, executive director of the Central Missouri Humane Society, said on election day that it is hard to know the initial impact of Proposition B on the shelters.
“The prediction is that a lot of people will have to give up their animals,” he said. “I don’t know how many of them will be brought here.”
Allert said that, when someone can’t meet the current guidelines, the shelter will receive 20 to 30 animals from the Missouri Department of Agriculture. The department calls the shelter beforehand to see whether there is space for the dogs. If not, then the dogs go to a different shelter, he said.
Allert said the Humane Society of the United States has rescues lined up and is saving money to deal with the problem, anticipating that Proposition B would pass.
WHAT IS THE COST TO THE STATE?
The fiscal note said that enforcing Proposition B would cost the state an extra $521,356 each year and an additional one-time cost of $133,412 in the first year.
PRECEDENTS FROM OTHER STATES
Approval of Proposition B makes Missouri the fifth state to place a limit on the number of sexually intact dogs a breeding facility can own. Currently Virginia, Washington and Oregon limit facilities to 50 breeding dogs, and Louisiana limits breeders to 75, according to a spreadsheet entitled “State Puppy Mill Laws” produced by the Humane Society of the United States.
According to the spreadsheet, 17 states don’t have any licensing or inspections laws. California, Maryland, Nevada, Oregon and Washington don’t require a license but still establish criteria for dog breeders or kennels.
Missouri has laws regulating breeders, and Proposition B would add to the existing laws.
The following are the guidelines for Prop B:
273.345. 1. This section shall be known and may be cited as the ”Puppy Mill Cruelty Prevention Act.”
2. The purpose of this Act is 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.
3. Notwithstanding any other provision of law, any person having custody or ownership of more than ten female covered dogs for the purpose of breeding those animals and selling any offspring for use as a pet shall provide each covered dog:
(1) Sufficient food and clean water;
(2) Necessary veterinary care;
(3) Sufficient housing, including protection from the elements;
(4) Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs;
(5) Regular exercise; and
(6) Adequate rest between breeding cycles.
4. Notwithstanding any other provision of law, no person may have custody of more than fifty covered dogs for the purpose of breeding those animals and selling any offspring for use as a pet.
5. For purposes of this section, and notwithstanding the provisions of section 273.325, the following terms have the following meanings:
(1) ”Covered dog” means any individual of the species of the domestic dog, Canis lupus familiaris, or resultant hybrids, that is over the age of six months and has intact sexual organs.
(2) ”Sufficient food and clean water” means access to appropriate nutritious food at least once a day sufficient to maintain good health; and continuous access to potable water that is not frozen, and is free of debris, feces, algae, and other contaminants.
(3) ”Necessary veterinary care” means, at minimum, examination at least once yearly by a licensed veterinarian; prompt treatment of any illness or injury by a licensed veterinarian; and, where needed, humane euthanasia by a licensed veterinarian using lawful techniques deemed “Acceptable” by the American Veterinary Medical Association.
(4) ”Sufficient housing, including protection from the elements” means constant and unfettered access to an indoor enclosure that has a solid floor; is not stacked or otherwise placed on top of or below another animal’s enclosure; is cleaned of waste at least once a day while the dog is outside the enclosure; and does not fall below 45 degrees Fahrenheit, or rise above 85 degrees Fahrenheit.
(5) ”Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs” means having (1) sufficient indoor space for each dog to turn in a complete circle without any impediment (including a tether); (2) enough indoor space for each dog to lie down and fully extend his or her limbs and stretch freely without touching the side of an enclosure or another dog; (3) at least one foot of headroom above the head of the tallest dog in the enclosure; and (4) 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).
(6) ”Regular exercise” means constant and unfettered access to an outdoor exercise area that is composed of a solid, ground level surface with adequate drainage; provides some protection against sun, wind, rain, and snow; and provides each dog at least twice the square footage of the indoor floor space provided to that dog.
(7) ”Adequate rest between breeding cycles” means, at minimum, ensuring that dogs are not bred to produce more than two litters in any 18 month period.
(8) ”Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
(9) ”Pet” means any domesticated animal normally maintained in or near the household of the owner thereof.
(10) ”Retail pet store” means a person or retail establishment open to the public where dogs are bought, sold, exchanged, or offered for retail sale directly to the public to be kept as pets, but that does not engage in any breeding of dogs for the purpose of selling any offspring for use as a pet.
6. A person is guilty of the crime of puppy mill cruelty when he or she knowingly violates any provision of this section. The crime of puppy mill cruelty is a class C misdemeanor, unless the defendant has previously pled guilty to or been found guilty of a violation of this section, in which case each such violation is a class A misdemeanor. Each violation of this section shall constitute a separate offense. If any violation of this section meets the definition of animal abuse in section 578.012, the defendant may be charged and penalized under that section instead.
7. The provisions of this section are in addition to, and not in lieu of, any other state and federal laws protecting animal welfare. This section shall not be construed to limit any state law or regulation protecting the welfare of animals, nor shall anything in this section prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations in addition to this section. This section shall not be construed to place any numerical limits on the number of dogs a person may own or control when such dogs are not used for breeding those animals and selling any offspring for use as a pet. This section shall not apply to a dog during examination, testing, operation, recuperation, or other individual treatment for veterinary purposes; during lawful scientific research; during transportation; during cleaning of a dog’s enclosure; during supervised outdoor exercise; or during any emergency that places a dog’s life in imminent danger. This section shall not apply to any retail pet store; animal shelter as defined in section 273.325; hobby or show breeders who have custody of no more than ten female covered dogs for the purpose of breeding those dogs and selling any offspring for use as a pet; or dog trainer who does not breed and sell any dogs for use as a pet. Nothing in this section shall be construed to limit hunting or the ability to breed, raise, or sell hunting dogs.
8. If any provision of this section, or the application thereof to any person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality shall not affect other provisions or applications of this section that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are severable.
9. The provisions herewith shall become operative one year after passage of this Act.