KENNEL TALK

By

Ken M. Blomberg

  "Puppy Mills"

    When you purchase a puppy from a private party, or an established breeder, what recourse do you have if your new puppy becomes sick, or dies?  If you received a health guarantee from the breeder, or litter owner in writing, prior to taking the pup home, you’d know your rights.

     Most reputable breeders will give you a written health guarantee on the day you pick up your pup.  Should a problem arise, they will make restitution up to, and including replacing it with another pup.   While there are exceptions to the rule, most “backyard breeders” are not in a position to make such agreements.

     Breeders that sell more than one litter a year, are usually licensed by the county in which they are located.  A few counties require a second commercial animal establishment license and have inspection programs.

     Apparently, that’s not enough for Madison politicians.  They’d like to require yet another license.  Lawmakers call it the pet “lemon law”.  According to an Associated Press article last month,  “Two state legislators want to see Wisconsin join other states with laws that protect people who buy dogs and other pets.   Rep. Marc Duff (R-New Berlin) has introduced a bill that would require inspections and licensing of shelters, rescue agencies, breeders and kennels selling at least 20 animals a year.” Assembly Bill 278 requires pet dealers (wholesale and retail) and persons who operate kennels and animal shelters to obtain licenses from the Department of Agriculture, Trade and Consumer Protection (DATCP).  The bill requires DATCP to inspect each location for which a license is required before issuing a license and authorizes DATCP to make inspections at other reasonable times.  It also authorizes DATCP to enforce rules that specify minimum standards for animal shelters and kennel facilities and facilities at which pet dealers operate and that specify requirements for humane care to be provided by persons who are required to be licensed.  The bill provides criminal penalties for persons who operate without a required license and forfeitures (civil monetary penalties) for other violations of the provisions concerning pet dealers, kennels, and animal shelters.

     Another bill drafted by Rep. Sheryl Albers (R-Loganville) was designed to develop an animal "lemon law" that would give options to people who buy defective animals.  In other states, such laws permit owners to return sick or dead puppies for a refund or replacement.  Or, owners may keep the puppy and get reimbursed by the seller for veterinary expenses.  This type of law applies only to commercial breeders and pet shops in many states.  While the proposed laws have good intentions, they are driven by several groups that don’t have good intentions, like Cats International, Wisconsin Puppy Mill Project, Wisconsin Federation of Humane Societies, Wisconsin and Illinois Dalmatian Rescue and the Humane Society of the United States.  The yearly fiscal impact (the cost to Wisconsin taxpayers) is estimated at $396,000.  DATCP will need to hire seven full time employees to inspect hundreds pet dealers, kennels and animal shelters.  The legislative backers of this bill besides Representative Duff includes co-signer Senator Burke, of anti-bear hunting dog fame.

     In their effort to clamp down on “puppy mills”, the state will now impose further laws, fees and inspections on established pet dealers and kennels.  The price of a well-bred puppy (currently in the $400-$500 range) will certainly increase under these new regulations.   For nearly thirty years, this kennel owner has been licensed, inspected and regulated.  I’m not too excited about the idea of needing a third annual license and being regulated by yet another layer of bureaucracy.  That’s why I’m opposed to AB278.