Landslide of Statewide Bans if OR, CO, WI, MA, PA, ME, & NY Pass Pending Bills

This is an ongoing post to be updated through the months…

Massachusetts

House bill 800: An Act banning the retail sale of cats and dogs in pet shops

Senate bill 175: An Act banning the retail sale of cats and dogs in pet shops

New York

At a time where there are healthy and loving pets waiting to be adopted from animal shelters statewide, there is simply no reason to allow the sale of puppy mill animals. Puppy mill animals are mistreated from birth, and often develop behavioral or physical health problems later in life despite their high price tags. This bill would encourage the adoption of dogs, cats and rabbits and ensure that animals no longer have to face the cruelty, physical and psychological abuse to which the puppy mill supply chain subjects animals.

Assembly bill status New York

Oregon

Prohibits retail pet store from selling or offering to sell dog other than dog acquired from animal shelter, humane society, dog control district or nonprofit corporation that provides rescue services.

House bill 4045.

Wisconsin

This bill prohibits a pet store from selling dogs and cats beginning on January 1, 2020. A person who violates this prohibition is subject to a civil forfeiture of up to $10,000 for the first offense and up to $25,000 for the second or any subsequent
offense.

Assembly Bill 298

Pennsylvania

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for transfer and sale of animals.

Senate Bill 44

Maine

Maine was the first state to pass a ban on sale of dogs and cats through their legislature, but controversial governor LePage refused to sign the bill. It’s now in the hands of new governor Mills, but it’s not clear if she will sign.

Gov. Janet Mills should sign L.D. 1311. It will effectively impact puppy mills by shrinking the marketplace and drive Maine’s pet market towards more humane sources.

Pet store law would protect animals

A person may not advertise for sale, sell or exchange for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel, or breeding kennel  or pet shop license or a valid vendor’s license issued under this section.

Sec. 11.  7 MRSA § 4153.  Sale prohibited

Colorado

Legislators and the Gubernatorial mansion ally against puppy mills.

“I’m honored to be partnering with First Gentleman Reis to shed light on the abhorrent conditions at puppy mills,” said Rep. Duran, D-Wheat Ridge.“Every dog deserves to live in happiness and safety. Our furry friends demand very little in exchange for unconditional love and attention, and I look forward to taking action to address the inhumane treatment of animals in our state.”

First Gentleman Reis and Representative Duran are exploring legislative proposals to ensure the health and safety of dogs and cats.

On Puppy Mill Awareness Day, Rep. Duran & First Gentleman Reis Draw Attention to the Need to Protect Our Canine Friends. Article.

But after a recent exposé of sick and dying puppies at a store that has had puppy deaths not long after sales dating back to 2002, legislation ending puppy and kitten sales in Colorado now seems to be on a fast track.

Pet Store Ban? Talks Underway After More Than A Decade Of Complaints About Sick Puppies

Others

NEVADA

Other states bringing up the issue so far include Nevada. State Legislature there meets only every two years. Next legislative session, February 2021.

A Bill Draft will be submitted to end the sales of dogs, cats, rabbits in retail stores in the state of Nevada by Senator Julia Ratti.

ARIZONA

Arizona doesn’t have a state ban in the pipe, but there is a provision to end the statewide prohibition of local bans, which would allow the two bands in Phoenix and Tempe, which are still written into their municipal code, to become immediately enforceable. Tucson, Arizona, was on the eve of passing a local ban when the state law took effect. Ending the state prohibition of local bans would see passage of the Tucson ban occur soon thereafter.

…Includes a repeal of the prohibition of local retail store bans. Phoenix and Tempe city ordinances are still on the books, made unenforceable by state law. If 2329 passes with repeal intact, Phoenix and Tempe will not only enforce, but Tucson has been holding a city ordinance in the ready for when they will be able to enforce it.

House Bill 2329

England PM’s dog is a puppy mill rescue

From Wales online:

The ‘wonky’ Welsh puppy who is Boris Johnson’s new Downing Street dog

The little Jack Russell cross puppy with a misaligned jaw was abandoned by a puppy farmer

Who on earth would kill adorable Dilyn?

The new dog set to reside at Downing Street has been rescued from the South Wales Valleys.

At just 15-weeks-old, the little Jack Russell cross puppy named Dilyn nearly found himself being shot or drowned after being abandoned by a Welsh puppy farmer.

Salinas simply won’t go away

The Deep South of the state of California has been trying to rid itself of multiple store owner David Salinas for six years.

San Diego was the first to throw one of his stores out in 2013.

Then Encinitas and San Marcos in 2015.

Then Oceanside and Carlsbad in 2016.

Solana Beach, Vista and Del Mar passed preventive ordinances to make sure he didn’t come there.

Then the great state of California passed a comprehensive ban of retail sales of dogs, cats and rabbits in October 2017, effective 1/1/19.

But he’s still at it.

Activists have had enough.

National City still has 2 puppy stores open and doing the business of passing on the progeny of tortured, malnourished, sickly, spirit-broken dogs onto unknowing customers for a substantial premium.

Salinas is not going easily into that good night. He surely doesn’t want to let go of his easy money stream so he is hanging on with all his might to the last torn threads surrounding the state’s language loopholes.

But activists are there to virtually tar and feather him every step of the way.

Thank you southern California activists, for leading the way on fighting these stores to the bitter end and showing the rest of the country the steps they might have to take when their states pass a comprehensive retail animal sales ban.

Wales Publishes Responses to Proposed Dog & Cat 3rd Party Sales Ban

Welsh GovernmentYesterday the government of Wales published the long-awaited document reviewing submissions of comments (“consultations”) by the public. Remarks were submitted by 458 agencies, organizations and individuals in the open period from 19 February – 17 May 2019.

The results are quite as expected. Near unanimous support with a few eye-rollers: the typical fatuous argument that a ban won’t completely end the industry so why bother to do anything at all.

Blue Cross, an animal rescue and rehoming agency active in Wales, Scotland and England since 1897, had this to say:

We don’t agree that just introducing a ban on thirdparty sellers will have any impact on those sellers that make large profits and choose to operate outside the licensing regime. We believe that before introducing a potentially knee jerk piece of legislation, the government must assess the scale of the third party trade in puppies and the impact any such ban would have on licensed large scale breeders.

Blue Cross submission to the Gov’t of Wales Call for Consultation on ending third party sales of dogs and cats.
Emphasis ours.

They go on about stricter regulations being the best course. We in the ‘States know this strategy simply does not work as most governments are unwilling to put additional staffing and revenue/expense burdens on those budgets already stretched, which the route of strong restrictions causes en masse.

Flag of Wales

New York City is a showcase for this. NYC’s strong restrictions of dog and cat retail sales have proven near-completely unenforceable and sales go on largely unchecked, while their outright ban of rabbit sales has put a stopper on the rabbit overpopulation problem by directly ending impulse purchases in pet stores.

The English ban is set for enforcement on 1 April 2020. The law was deemed Lucy’s Law after news about a spaniel in a typical puppy mill horror situation achieved viral status in the UK. Lucy was imprisoned in a puppy mill in Wales.

Lucy tugged at the Brit’s heartstrings when photos of her fused hips and curved spine from years of living an empty life of nothing but breeding went viral on social and news media. This image is from a Sky News May 19, 2019, article: ‘Lucy’s Law’ puppy farm ban set to be confirmed.

Welsh activists have called on their government to “beat the English to it.” With Lucy’s Law laid in the spring of this year the Welsh government would have to move swiftly, mandating enforcement in less than 8 months, to win the race of taking this critical step in ending animal cruelty in the British Isles.

Either way, England and Wales are now the de facto model to the world of how a countrywide ban can be enacted through the determination of activists to bring about change.

End the suffering.

1st Comprehensive Pet Sales Ban Since Flagler Beach, FL, 12/02

Lisle, Illinois, smack-dab in the center of a contentious area where dog, cat and often rabbit bans are passed and sometimes passed over; where the state legislature missed the mark on a statewide ban back at Thanksgiving, 2015, when they were on track for the first statewide ban on the sales of dogs, cats and rabbits in the world, has set a new milestone.

The little village of Lisle has passed the first comprehensive ban on the sale of all animals in retail stores for the first time since Flagler Beach, Florida, back at Christmas, 2002, which reads:

§ 5-17. – Prohibited acts.

(f) Breeding or sale of animals. It shall be unlawful for any person to breed or sell animals, or dispose of such animals for any commercial gain or other commercial purpose within the city.

(Ord. No. 2002-30, § 1(Exh.A), 12-12-02; Ord. No. 2009-11, § 2, 6-25-09; Ord. No. 2009-13, § 5, 8-6-09)

Municipal code

Surfside, Florida also passed a comprehensive sales ban in February 2014.

§90-41. – Regulated uses.
(d)(26)Provided that no animals including without limitation dogs, cats, ferrets, rabbits, turtles, gerbils, hamsters, cows, horses, sheep, and other domestic animals or livestock shall be sold on the premises.

Municipal code

Flagler Beach, Florida, ended animal sales altogether in 2002.

(f) Breeding or sale of animals. 

It shall be unlawful for any person to breed or sell animals, or dispose of such animals for any commercial gain or other commercial purpose within the city.

Municipal code

A few ordinances have included pot-bellied pigs: 2 in Nevada, which has one of the largest rescues in the country, and 1 in Cambridge, Massachusetts, as of this writing. Lisle’s comprehensive ban brings the total to 4.

Ferret sales were included in bans in 3 bans in Michigan (2 also included long-lived birds and large reptiles) and 2 in Florida.

Activists in states with notably large ban quotients, notably New Jersey and Florida, have stuck to dogs and cats only. Out of Florida’s 64 bans as of this writing, only 5 include rabbits or 4/5 of 1%.

New Jersey has no rabbit bans by our count even though neighboring New York City has a full ban on rabbit sales while only meager, unenforceable strong restrictions on dog and cats sales.

Some in the animal rights and protections movement have long called this selectivity as speciesist: favoring one species over another. The problem of animal farming is the same for dogs, cats, rabbits, ferrets, pot-bellied pigs, long-lived birds, large reptiles, not to mention the serious trafficking in endangered species and species groups of insects and arachnids.

Rabbits should always be on a ban list

The rabbit story is as bleak, as witnessed by New York’s ban. Rabbits grown in hutches for pet stores and not the same breeds in the wild. A family sees a bunny in the pet store near Easter. “Mommy, I have to have one!”

“No, sweetie, we can’t take care of it.”

“But half my schoolmates have one!”

“Maybe next year….”

“I WANT A RABBIT!”

“Can you please add this bunny to my tab.”

But rabbits need a lot of care and attention. They should have at least yearly checkups and should be taken in if they stop eating, are throwing up, are lethargic, you get the picture. Bunnies need a lot of exercise, but they are not built to spend days and nights outside like the cottontails that live in the bush. Some people in northern climates are astonished when the bunny they relegated outside perished before Halloween. Many in the south have no idea their bunnies aren’t built for the heat. If they do survive outside for very long, they’ll eat your vegetation, which leads to the choice of letting them off in the park or the edge of town or near the creek which will either kill them or have them propagating like, well, rabbits and altering the long-standing balance of Nature.

Altogether too often the family brings home a pregnant rabbit, or two rabbits that mate, and a bunny family is running the house before you know it.

Why ferrets should always be included in bans

Some argue that just getting dog and cat sales bans passed can be a difficult enough fight. But the argument is strong for ferrets as they are even more at risk as many who take them on don’t have a clue what they bargained for. As in puppies and kittens, ferrets are often the impulse purchase in a pet store, many of them the larger national chains. If not taken well care of, ferrets can produce a copious amount of urine the smell of which is not easily reduced let alone eradicated. They have prodigious energy and need a lot of exercise and if they don’t get it they get sick. There are massive ferret rescues, usually in rural areas, that can’t keep up with the need of talking on castaway animals.

Pot Bellied Pigs

We’ll leave the sad tale to one of the largest pbp rescues in the country, in the Moapa Valley just outside of Nevada’s Valley of Fire.

Windy’s Ranch & Rescue Pig Sanctuary.

Website

YouTube video

Large reptiles, long-lived birds

Large reptiles can outgrow their welcome in a few years and are often dumped in the sewer system, in swampy areas like the everglades or bayous, near rivers, creeks, streams and lakes where the non-indigenous animals can wreak havoc on the micro-eco-system or inundate entire regions. They should be on all ban lists.

Long-lived birds are often made up of endangered species and are often trafficked illegally with phony papers, similar to the lies about where puppies come from, “We would never buy our pups and kittens from a puppy-mill, never!

And there’s the long-lived part. Who knows how old the bird you have gotten is. They may live another 100 years. Who will care for them when you are no longer able to, another rescue? Leave the endangered birds to their native habitat. They help make endangered natural habitats thrive.

Certain chicks and turtles

Sandy and Midvale, Utah bans include:

(e) Fowl: It shall be unlawful for any person to sell, offer for sale, barter or give away any fowl under two (2) months of age in any quantity less than six (6). Such animals shall not be artificially dyed or colored. Nothing in this provision shall be construed to prohibit the raising of such fowl by a private individual for his personal use and consumption, provided that he shall maintain proper brooders and other facilities for the care and containment of such animals while they are in his possession.

(g)Pet turtles: It shall be unlawful for any pet shop or other business or person to raise or sell any turtle, tortoise or terrapin under four (4) inches front to back carapace length.

Municipal code

Cambridge, MA includes arachnids, birds, mammals, amphibians and reptiles


A. A pet shop may offer for sale only those arachnids, birds, mammals, amphibians, or reptiles that the pet shop has obtained from or displays in cooperation with:

1. An animal care facility, as defined in section 6.20.010 of this chapter; or

2. An animal rescue organization, as defined in section 6.20.010 of this chapter; or

3. An animal sold or displayed for agricultural uses; or

4. Dead animals sold or displayed as breeder animals.

Municipal code

Rats, mice, gerbils, chinchillas, it’s all the same.

Nightmares for their parents back home, the animals brought into families are often sick, behavior challenged, and need more care than anyone in the home has time for. They languish in lives that are not ideal, especially when it comes to the exercise and exploring nearly every animal needs to have optimum health, let alone an appropriate and varied diet.

We hope this first ban of all animals sold in retail pet shops takes off as much as the ban on dogs and cats has.

Activists in jurisdictions that have had success in dog and cat retail sales bans should consider re-visiting their City and County councils and amend the bans to include these species as undergoing the same conditions and travails (and possible extinction) pet mill dogs and cats do. All of these animals are just as individual as a dog or a cat. All of them feel pain, feel sickness, indeed sadness in a melancholy life in a cage or glass too small for them, eating a poor an unvaried diet, and aren’t able to explore, smell, climb, slither, poke, sniff, swim, jump, run as all animals are meant to do.

Dogs, cats, rabbits, ferrets, pot-bellied pigs, large reptiles, long-lived birds should always be included in bans, if not a blanket ban on the retail sale of animals for the very same reasons and definitions.