On Wednesday, November 15, 2017, Las Vegas City Council voted to enact “Bill No. 2017-40 – which repeals a formerly adopted ordinance which prohibits pet shops from selling or disposing of dogs, cats or potbellied pigs other than those obtained from an animal care facility or nonprofit animal rescue organization.”

As both the American Kennel Club (AKC) and Pet Industry Joint Advisory Council (PIJAC) stated in written testimony, the misrepresentations about the puppies sold at pet stores harms puppies, breeders, pet stores and consumers by removing a highly regulated source of healthy puppies for people desiring a lifelong pet with specific behavioral and physical characteristics they prefer for their families.

As PIJAC explained:

Even as we have worked to raise standards of care, PIJAC has battled misconceptions about the quality of pet store animals and the sources of such animals. The unsubstantiated assertion that pet store animals generally come from substandard breeding facilities is commonly used as a smoke screen to obscure the fact that the overwhelming majority of pet owners who choose to purchase from pet stores bring home a happy, healthy pet and remain highly satisfied with their pet store experience.

The reality is that almost all pet store puppies originate from USDA licensed breeders who are regularly inspected and found to comply with appropriate care standards. By contrast, many of the dogs and cats from other sources, including rogue Internet operators, private sales, shelters and rescues, did not come from licensed breeders.

AKC stated:

An important part of ensuring the success of a pet with a new owner is to ensure that it is an appropriate fit with the owner’s lifestyle. Treasured pets may be obtained from a variety of sources, including breeders, pet stores, rescues, and local shelters.

Under the current law, families in Las Vegas have lost an important source for choosing a quality pet that is the best fit for their lifestyle and circumstances.

There is no credible evidence that puppies purchased from pet stores originate from “puppy mills,” large commercial substandard breeding facilities, or that pet store puppies contribute to shelter populations-misrepresentations that form the bases for pet store sourcing bans.

Las Vegas City Council repealed the pet store sourcing ban. Hopefully, other communities will follow suit.

On a related note, Circuit Judge Hamilton dissented from the majority opinion in a constitutional challenge to a pet store ban in Chicago (Park Pet Shop, Inc. v. City of Chicago, 872 F. 3d 495 (7th Cir. 2017) “[o]n two points critical to the federal Commerce Clause claim.”

First, the Supreme Court itself has not yet confined the balancing test under Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), as narrowly as my colleagues suggest. The majority writes that Pike balancing comes into play ‘only when the law discriminates against interstate commerce in practical application.’ Ante at 502 (emphasis in original), citing National Paint & Coatings Ass’n v. City of Chicago, 45 F.3d 1124, 1131 (7th Cir. 1995) . . . . The majority would apply Pike only when the challenged law gives ‘local firms any competitive advantage over those located elsewhere’ . . . The Supreme Court’s more recent discussions of Pike, since we decided National Paint in 1995, are difficult to reconcile with this approach. For example, the Court has explained that federal courts ‘generally leave the courtroom door open to plaintiffs invoking the rule in Pike, that even nondiscriminatory burdens on commerce may be struck down on a showing that those burdens clearly outweigh the benefits of a state or local practice.’

 

Judge Hamilton also found that “the majority errs by applying a stringent version of Iqbal and Twombly to find that plaintiffs have not plausibly alleged sufficiently burdensome effects on interstate commerce.”

 

Judge Hamilton found that the complaint had sufficiently alleged plausible impacts that the pet store sourcing ban would result in the alleged harms, concluding,

I don’t know whether the plaintiffs in this case could ultimately meet the demands of the Pike balancing test. They should be permitted to try, though, particularly now that the ordinance has taken effect and evidence of actual effects should be available. I would reverse the dismissal for failure to state a claim and remand for further proceedings.

 

 

As USDA had previously suggested, it just posted a new version of the searchable database that had been dismantled this past February.  Access to the new version is available here.

Many animal rights organizations and animal-trade organizations had expressed outrage or concern when USDA initially dismantled its database.  The current version may not effectuate changes to those positions, since much of the information about individual licensees (compared to licensed businesses) appears to be redacted.

Also, it seems as if license numbers are not available for individuals, but it could be I need to more carefully review the instructions for searching the new database to find that information.

It is a given, that those clamoring for this data will be hard at work deciphering what is and what is not available.

For those pet stores and dealers in towns, cities and states that are required to provide inspection reports to sell puppies, it seems as if the only way to provide such documents from breeders licensed as individuals is to obtain the reports directly from those breeders.

California AB485 will criminalize what has been considered lawful interstate commerce since at least 1966, when Congress first passed the Animal Welfare Act, 7. U.S.C. §2131 et seq.

“The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order – (1) to insure that animals intended . . . for use as pets are provided humane care and treatment . . .”  7 U.S.C. §2131 (Congressional statement of policy).

Pet stores in California will no longer be able to purchase and sell pets from USDA licensed and exempts breeders and dealers of dogs, cats and rabbits if AB485 becomes law.  Instead, pet store would only be able to source from the highly unregulated animal shelters and rescue organizations that distribute pets from random sources, often imported from overseas, and often infected or infested with diseases or pests that unwitting consumers have to contend with and pay for.

Pet stores that have provided a historic and lawful service matching up pet-seeking owners with professionally and purposely-bred pets with the physical and behavioral characteristics perspective owners desire, would be considered criminals under the new California law, upon adoption.

Unfortunately, this is no longer a novel attempt by nonprofit animal rights organizations’ decades-long campaign to eliminate professional, purposeful dog breeding, along with animal ownership (replaced with guardianship) and a host of other animal rights’ agenda.

The question is, when will consumers realize that their choices in pet purchases have been supplanted by activists who believe that pet breeding (and the intentional breeding of any species) is immoral and should be outlawed.

The public, clamoring for the 9,000,000 dogs needed each year for pet-owners seeking new pets, will soon have their choices severely limited.

What a sad state of affairs for pets and people alike and as we have repeatedly alleged, unconstitutional.

In a stunning turn of events, USDA has deactivated it’s Animal Care Search Tool, as indicated on its website:

Animal Care Search Tool-DEACTIVATED
Animal Care Search Tool-DEACTIVATED.

USDA inspection reports of licensees pursuant to the Animal Welfare Act, among other data, were previously available on this search engine.

The following alert is provided when clicking on the link (now deactivated):

If the law requiring such disclosure is not specific about where the pet store must obtain the inspection reports, then the pet stores may have to obtain those documents from their sources.  Certainly, they will be unable to obtain the reports quickly through a FOIA request (unless that process has drastically changed).  Even if obtainable through FOIA, it seems likely that the breeder’s personal information, required by many laws, will be redacted by USDA.

It will be incredibly interesting and insightful to hear more about the legal basis USDA relied upon to protect this personal information under the Privacy Act and other laws, as mentioned in the alert.

It seems likely that USDA will be explaining this in court when this policy is undoubtedly challenged.  See some of their thinking at their Q&A on their website.

Without access to USDA inspection reports, animal activists, intent on closing pet stores and eliminating dog breeding, will be unable to misrepresent the meaning of non-compliant citations on those reports, as they have consistently done to convince legislators to ban sales of pets based on mere citations.  Such citations do not mean that licensees have violated the AWA.  As described in USDA’s alert, inspection reports and other legal proceedings that have not received final adjudication are no longer available.  Hopefully, this will help ensure that licensees are provided with due process of the law that the Constitution and justice requires before their businesses are effectively shuttered.

The Animal Welfare Act (AWA) has been disemboweled by local jurisdictions around the country that have banned sales to pet shops from USDA licensees and those specifically exempted from licensure, which shops rely upon to provide healthy puppies to people choosing to purchase a specially-bred puppy with specific physical and behavioral traits best suited to that pet owner’s particular needs.

Beginning around 2008, animal rights organizations began persuading lawmakers to implement decades-long campaigns to eliminate commercial dog breeding by banning sales of puppies in pet shops that they claim are sourced from “puppy mills,” a pejorative term used for any dog breeder, licensed or not. At their urging, lawmakers in many jurisdictions have limited pet shops to sales of animals sourced from shelters and rescues, which are largely unregulated entities that transfer ownership of randomly sourced dogs that have an unacceptably high prevalence of infectious diseases and other disorders.

While the AWA permits local jurisdictions to adopt more rigorous standards of care than the law prescribes, the bans have gone too far—in many cases sales are banned from USDA licensees based solely on the existence of validly held licenses. Sourcing bans that are not based on the standards of care licensees provide to animals should be considered pre-empted by the AWA. Reliance on the mere citation of a violation of the AWA on an inspection report as the basis for such bans is not legally sound. Congress established the mechanisms for licensure and loss thereof, which these local laws ignore.

Through the adoption of as over 150 laws across the country, the animal health and welfare requirements set forth by Congress in the AWA to protect animals and people have been effectively removed. If such laws are not enjoined, they will cumulatively render the federal regulation superfluous to the local sales bans or, at best, be subject to a labyrinthine patchwork of local regulation. This is precisely the situation the Framers of the Constitution sought to avoid through the Supremacy Clause.

Under the false banner of humane care and consumer protection, these bans will harm animals, their owners, and create a public health risk through the introduction of infectious diseases, which, like rabies, are fatal. If these local laws are not enjoined, they will eliminate the market that Congress has sought to regulate through the AWA. This cannot be a proper result.