New York Targets Puppy Mills With Ban On Retail Sale of Dogs

Puppies in a cage on July 12. 2010. Photo credit: FLICKR

BY KELLY MCGRATH

No more doggies in the window this Christmas. The Puppy Mill Pipeline bill, which bans the retail sale of cats, dogs, and rabbits, goes into effect in New York on December 15th. The law aims to reduce the demand for commercially bred animals, often born out of unethical breeding practices, but some breeders, trainers, and shelter workers doubt how effective the retail ban will be. The Puppy Mill Pipeline bill only applies to brick and mortar retail pet stores and does not address the fact that most animals today are purchased online.

The law was signed by Governor Kathy Hochul in 2022 but will only take effect later this month because the state wanted to give businesses time to comply. The New York City Council passed its own bill on November 21 that also bans the retail sale of cats, dogs, and rabbits in alignment with the state law.

In a November 22 letter to licensed pet dealers, New York Attorney General Letitia James reminded licensed pet dealers that, beginning December 15th, retail pet stores that do not comply with the new law can be fined up to $1000 per violation.

“Bringing a new pet into a family should be a time of excitement and joy, but often animals from ‘puppy mills’ suffer from serious medical issues and leave families heartbroken over their sick pet and with a heavy bill to pay,” said James.

A puppy mill is an inhumane dog breeding facility that focuses on high volume, creating as many puppies as possible to maximize profits with little regard for the health or wellbeing of puppies or their mothers, according to the Humane Society of the United States (HSUS). The organization estimates that there are 10,000 active puppy mills in the United States and that 2.6 million puppies are sold each year originating from puppy mills.

Dogs used for breeding at puppy mills often spend their entire lives in small, cramped kennels with no love or attention. When the mother or father dog can no longer breed they are disposed of: some are abandoned or even killed.

The breeding dogs don’t receive proper medical care or undergo genetic testing that could identify serious medical conditions, including heart disease, kidney disease, and musculoskeletal disorders, which, undetected, can be passed on to their offspring. The sick puppies are then sold to the unaware consumer. 

A lawsuit filed by James in 2021 revealed that a New York City pet store, Shake A Paw, was guilty of “illegally and knowingly selling sick puppies” to consumers. One customer’s puppy died six days after purchase and another customer’s puppy was hospitalized with severe pneumonia. 

Veterinary records revealed that of 400 puppies sold by Shake A Paw, half had upper respiratory infections and/or breathing problems or parasites. Ten percent of the puppies sold had pneumonia, which often can be fatal in dogs. 

The Office of the Attorney General said  that “the illnesses and congenital defects in these animals were found to be consistent with puppies that are purchased from puppy mills.” Shake A Paw was ordered last March to pay $300,000 to 190 different customers.

The 1966 federal Animal Welfare Act lays out the rules for commercial breeders, requiring anyone  with five or more breeding dogs to obtain a license and be subject to inspection by the USDA. Many breeders are able to avoid this by selling dogs directly to the consumer online or in person.  A few clicks online lead to dozens of listings on a variety of sites, including Craigslist, for litters of puppies for sale in New York. A 2019 survey conducted by the American Pet Products Association (APPA) found that 36% of people purchased their pets online despite it being illegal to sell an animal sight unseen.

Puppy mills are not technically illegal. According to HSUS it would be “unfeasible” to pass legislation banning puppy mills entirely, as law requires precise definitions and there is no widespread consensus as to the difference between a “puppy mill” and an ethical breeding operation.

“Quality versus quantity,” said dog breeder and trainer Mariah Johnston. “That’s the main difference. An ethical breeder puts true thought, time, and effort into matching animals and is extremely picky about what dogs they breed.” 

To purchase an ethically bred puppy, Johnston recommends seeking out the desired breed’s official kennel club. Kennel clubs provide lists of registered breeders, but this is not foolproof. Titles can be misleading and registered breeders may have the right paperwork while failing to follow ethical breeding practices. Johnston says those in the dog-breeding community know who and who isn’t an ethical breeder but admits it can be nearly impossible for outsiders to know the difference. 

There are retail pet bans in 300 U.S cities and counties. California and Maryland became the first states to implement statewide bans in 2017 and 2018. Critics argue that retail bans do not decrease the demand for puppies but rather increase the market for unregulated breeders. A survey conducted by APPA in 2021 found that only 9% of dogs in the United States were purchased at pet stores while 21% of dogs were sold directly by breeders. 

Many animal welfare advocates discourage people from going to breeders at all, arguing that there are plenty of animals already in need of homes, and they urge people to adopt instead. But it is unlikely that the market demand for pure bred puppies will ever go away.. 

Johnston believes the only way to stop puppy mills is through educating people on ethical dog breeding and for people to make conscious decisions about where their puppy comes from.

“The ban’s not enough. Unfortunately, people shop online,” Johnston said. Although she’s located in Maryland, where the retail sale of dogs has been banned for several years, as a trainer Johnston sees puppies from puppy mills every day.

She says it’s heartbreaking to watch clients do everything right, investing time and money in their dogs, when there is only so much they can do to combat poor genetics. One of Johnson’s clients had to give up two dogs in one year. Both originated from puppy mills. Johnston’s client spent four years and thousands of dollars training her dogs to interact safely with adult humans. Unfortunately, within days of Johnston’s client returning home with a newborn baby, both dogs had violent episodes and had to be surrendered. 

New York City animal shelters have held steady at critical overcapacity since last March. Supporters of the Puppy Mill Pipeline Law hope the ban may alleviate some of the shelters’ overcrowding.  But while Tash Iorizzo, mobile adoption coordinator for the Animal Care Centers of New York, supports the new law, they are not optimistic that it will have much impact on dog populations in shelters.

“Most people aren’t buying dogs from pet stores, they buy them online or from people they know,” Iorizzo said. “The demand is not going to go away.” Iorizzo also noted that when puppy mill breeders are unable to move their inventory, many dogs will be dumped and will end up in the shelter system anyway. 

Under the new law, pet stores will be allowed to host adoption services in conjunction with local shelters and rescue organizations. However, with only weeks left before the law takes effect, there are dozens of pet stores across the city still advertising litters of commercially bred puppies.