IOWA'S COMMERCIAL DOG BREEDING INDUSTRY & THE COMMERCIAL DOG BREEDING BILL (HF738) - MARCH 2019
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IOWA’S COMMERCIAL DOG BREEDING INDUSTRY &
THE COMMERCIAL DOG BREEDING BILL (HF738)
MARCH 2019
IOWA
Iowa is currently home to the nation’s fourth largest commercial dog breeding industry, with
more than 500 federally and state licensed commercial dog breeding and dealing facilities.
Unfortunately, a lack of oversight, regulations, and enforcement has led to an industry rife with
bad actors.
These bad actors, or puppy mills, prioritize profit above animal welfare, resulting in inhumane
conditions like those at White Fire Kennels in Manly, Iowa.1 The adult breeding dogs suffer
throughout their lives and the puppies born in these facilities too often arrive at their new homes
ill with genetic defects and/or lifelong behavioral issues.
These puppy mills have tainted the entire industry, have given Iowa a bad name, and endanger
not only the health and welfare of dogs and puppies, but Iowans and our communities as well.
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1
hotos: Inside the kennels, home of a North Iowa woman accused of running a puppy mill. (December 2018). Globe Gazette. Retrieved from https://
P
globegazette.com/news/local/crime-and-courts/photos-inside-the-kennels-home-of-a-north-iowa-woman/collection_0390f14e-b086-5572-add7-6091f2a6b23b.
html#1
© 2019 Iowa Voters for Companion Animals 2
WHAT IS A PUPPY MILL?
A puppy mill is any dog breeding facility that values profit above animal welfare. One court case,
Avenson v. Zegart, cites a puppy mill as “a dog breeding operation in which the health of dogs is
disregarded in order to maintain low overhead and maximize profit.”2
IS EVERY DOG BREEDER IN IOWA A PUPPY MILL?
No. There are many reputable dog breeders in Iowa. Unfortunately, the large number of puppy mills
has resulted in all Iowa dog breeders being lumped together and an entire industry tainted.
Not all dog breeders are puppy mills, but all puppy mills will claim to be reputable breeders.
PUPPY MILLS FAIL TO PROVIDE PROPER CARE
Dogs and puppies - animals considered pets and members of our families - are not treated as such
in puppy mills. Adult breeding dogs often endure lives without adequate food, water, shelter, space
to move and run, vet care, and socialization.
PUPPY MILL PUPPIES SUFFER
Puppy mill puppies, born and raised in such inhumane conditions, suffer during critical
developmental stages often resulting in lifelong behavioral issues, including dominance-type
aggression, social fears, and separation-related barking.3 Overbreeding and a lack of genetic
and health testing of adult breeding dogs within puppy mills also result in puppies with genetic
defects. And the puppies that also endure the lengthy and stressful transportation routes to pet
stores are also at risk of contracting additional illness or disease as they commingle with puppies
from various facilities and states.
PET STORE PUPPY SUPPLY LINE
Pet store puppies are far too often puppy mill puppies. This presents several concerns including
consumer fraud, disease transmission, and human health risks. Consumers who purchase a puppy
from a pet store are often distraught when they realize they’ve paid top dollar for a puppy that is
seriously ill or has lifelong genetic or behavioral issues. Along with being sourced from puppy
mills, the supply line for pet store puppies often includes: commercial dog breeder to transporter
to commercial dealer to transporter to pet store. As young puppies from numerous commercial
dog breeders across various states are all transported together, the opportunity for illness and
disease transmission is immense. As puppies can carry a variety of zoonotic diseases - diseases
that can be transmitted
PET STORE PUPPY SUPPLY LINE
from animals to humans
- the human health risk is
also of extreme concern. In
fact, these concerns were
realized during the recent
human antibiotic-resistant
BORN IN A transporter commercial transporter PET
PUPPY MILL DEALER STORE
Campylobacter outbreak.
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2
Avenson v. Zegart. United States District Court, D Minnesota. (January 1984).
3
McMillan, F.D., DVM, DACVIM. The Harmful Effects of Puppy Mills on Breeding Dogs and Their Puppies.
© 2019 Iowa Voters for Companion Animals 3
PUPPY MILLS POSE A HUMAN HEALTH RISK
A recent human antibiotic-resistant Campylobacter outbreak that spanned 17 states and infected
113 people (23 requiring hospitalization) was traced back to Petland store puppies by the Centers
for Disease Control and Prevention (CDC).4 This is extremely concerning, particularly as the World
Health Organization has deemed antibiotic resistance as “one of the biggest threats to global
health, food security, and development today.”5
The lack of documentation and transparency within the commercial dog breeding industry created
challenges for the CDC as they traced the outbreak to Petland store puppies, but were unable
to identify a specific infection source beyond those stores. One report identified that “pet store
puppies travel from breeders to distributors to stores by third-party transport companies,” and
that the “potential for Campylobacter transmission among puppies exists because puppies from
different breeders were commingled at distributors, during transport, and in stores.”6 This report
also stated that the evidence collected “combined with the prolonged nature of the outbreak
and the potential for puppy commingling, indicates a potential for continued transmission of
multidrug-resistant Campylobacter industrywide, including at breeders, distributors, transporters,
and stores, and ultimately in customers’ homes. Although the investigation is completed, the risk
for multidrug-resistant Campylobacter transmission to employees and consumers continues.”7
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4
Multistate Outbreak of Multidrug-Resistant Campylobacter Infections Linked to Contact with Pet Store Puppies. (September 2017). Centers for Disease Control and
Prevention. Retrieved from https://www.cdc.gov/campylobacter/outbreaks/puppies-9-17/index.html
Antibiotic resistance. (March 2019). World Health Organization. Retrieved from https://www.who.int/news-room/fact-sheets/detail/antibiotic-resistance
5
6
Morbidity and Mortality Weekly Report (MMWR). (September 2018). Retrieved from https://www.cdc.gov/mmwr/volumes/67/wr/mm6737a3.htm?s_cid=mm6737a3_w
7
Ibid., Retrieved from https://www.cdc.gov/mmwr/volumes/67/wr/mm6737a3.htm?s_cid=mm6737a3_w
© 2019 Iowa Voters for Companion Animals 4
OTHER STATES ENACTING LAWS AND ORDINANCES TO
PROTECT THEIR COMMUNITIES FROM IOWA PUPPIES
The majority of puppies born in Iowa’s commercial dog breeding facilities are exported to other
states. California and Maryland have both passed statewide legislation banning or restricting the
sale of commercially-bred puppies in retail pet stores. More than 250 local cities and municipalities
across the nation, including three in Iowa, have done the same. This is, in part, to keep Iowa puppy
mill puppies out of their communities.
IOWA AS A LEADING PUPPY MILL STATE
The lack of laws, regulations, and enforcement, at both the federal and state level, have not only allowed
puppy mills to flourish in Iowa, but have also led our state to be known as a safe haven for puppy mills
and a leading puppy mill state.
THE UNITED STATES DEPARTMENT OF AGRICULTURE IS
FAILING TO ENSURE COMPLIANCE WITH THE ANIMAL WELFARE ACT
Commercial dog breeders who have five or more breeding female dogs and who sell puppies sight
unseen - often to pet stores, online, or to dealers – are to be federally licensed. Such facilities are
then to be overseen by the United States Department of Agriculture (USDA) and regulated by the
Animal Welfare Act (AWA).8
USDA BLACKOUT
In February 2017, the USDA pulled their online, public database that previously allowed the public
to view inspection reports for all federally licensed facilities regulated by the AWA, including
commercial dog breeders and dealers.9 While the USDA has started adding inspection reports to
this database, most of the critical information continues to be redacted. Iowa Voters for Companion
Animals (IVCA) submitted more than 400 Freedom of Information Act requests, only to receive
inspection reports without much more than black boxes hiding redacted information.
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8 United States Department of Agriculture. (January 2017). Retrieved from https://www.aphis.usda.gov/animal_welfare/downloads/AC_BlueBook_AWA_
FINAL_2017_508comp.pdf
9 Daly, N., & Bale, R. (May 2017). We Asked the Government Why Animal Welfare Records Disappeared. They Sent 1,700 Blacked-Out Pages.
National Geographic. Retrieved from https://news.nationalgeographic.com/2017/05/usda-animal-welfare-records-foia-black-out-first-release/
© 2019 Iowa Voters for Companion Animals 5
USDA CONTINUES TO DECREASE OVERSIGHT AND ENFORCEMENT
Recent and concerning developments within the USDA include:
» Adding announced inspections
» Documenting 60 percent fewer AWA violations in 2018 as compared to 201710
» Implementing an incentive program that also decreases the documentation of violations11
» Decreasing enforcement actions, as reported by the ASPCA: “From October 2015 through
September 2016, the agency initiated 239 cases under the AWA. Yet from October 2017
through June 2018, a nine-month window, the agency initiated only 15 cases.” Similarly,
“Just two years ago the USDA assessed $4 million in penalties versus $163,000 so
far this year (January to August 2018).”12
This lack of transparency, oversight, and enforcement within the USDA is not only leaving all animals
within facilities regulated by the AWA at risk – including dogs and puppies within federally licensed
commercial dog breeding facilities - but also making it extremely challenging for the public to do
their due diligence when attempting to research commercial dog breeders prior to buying a puppy.
Differentiating responsible dog breeders from puppy mills has become much more difficult, with a
federal license now being a red flag for consumers.
IOWA’S FEDERALLY LICENSED COMMERCIAL DOG BREEDERS AND DEALERS
Iowa is home to more than 250 federally licensed commercial dog breeders and dealers. According
to 2016 USDA data, 46 of these facilities house more than 100 adult breeding dogs. Most concerning,
53 percent of these facilities were cited for violating the AWA in 2015.
Oversight and inspections of federally licensed commercial dog breeders and dealers in Iowa is left
to the USDA. Involvement by the Iowa Department of Agriculture and Land Stewardship (IDALS) is
initiated only upon a complaint.
Animal Welfare Act violations
by Iowa’s federally licensed
commercial dog breeders
and dealers in 2015
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10 B
rulliard, K. (February 2019). The USDA is issuing far fewer citations to zoos, labs and breeders for animal welfare violations. Washington Post. Retrieved from
https://www.washingtonpost.com/science/2019/02/26/usda-is-issuing-far-fewer-citations-zoos-labs-breeders-animal-welfare-violations/?utm_term=.bca95964ba28
11 U
nited States Department of Agriculture, Animal and Plant Inspection Service, Animal Care. (May 2018). Incentives for Identifying, Reporting, Correcting, and
Preventing Noncompliance with Animal Welfare Act.
12 U
SDA Enforcement of Animal Welfare Act Hits a New Low. (August 2018). Retrieved from https://www.aspca.org/news/usda-enforcement-animal-welfare-act-hits-new-low
© 2019 Iowa Voters for Companion Animals 6IOWA’S STATE LICENSED COMMERCIAL DOG BREEDERS
Iowa is also home to more than 250 state licensed commercial dog breeders. The recent White Fire
Kennel puppy mill case in Manly, Iowa has highlighted the need for improved oversight, regulations,
and enforcement at the state level.13 This facility failed four inspections by IDALS within four months,
yet was allowed to continue business operations. The adult dogs were enduring inhumane
conditions, including a lack of food, water, and vet care, and many of the puppies have been reported
to have genetic defects.
SETTING AN IOWA STANDARD FOR ALL COMMERCIAL
DOG BREEDERS IN OUR STATE.
The current state of Iowa’s commercial dog breeding industry does not accurately reflect Iowa
values. The Commercial Dog Breeding Bill (HF738) aims to address the puppy mill problem within
Iowa’s commercial dog breeding industry and set an Iowa standard.14
Much of this bill is modeled from recent legislation, now law, in Ohio.15 The bill garnered support
from a wide array of stakeholders including animal welfare organizations, the American Kennel Club,
and Petland. Ohio also has a commercial dog breeding industry and political landscape similar to
Iowa, making such language a good model for Iowa.
Highlights of the Commercial Dog Breeding Bill (HF738) include:
» Defines “commercial breeder” as a person who keeps five or more breeding dogs or cats during
12 consecutive months and either sells five or more dogs or cats to a commercial breeder, a
commercial dealer, or a pet store; or sells 40 or more dogs; or keeps more than 40 puppies,
if the puppies have remained on the premises from birth
• This will not negatively impact hobby breeders
» Requires the Iowa Department of Agriculture and Land Stewardship (IDALS) to oversee and
inspect all commercial breeders in Iowa, regardless of their federal license status
• Currently, IDALS only inspects such facilities upon a complaint. This has not proven
effective, particularly give the USDA’s current lack of oversight and enforcement.
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13 P hotos: Inside the kennels, home of a North Iowa woman accused of running a puppy mill. (December 2018). Globe Gazette. Retrieved from https://globegazette.
com/news/local/crime-and-courts/photos-inside-the-kennels-home-of-a-north-iowa-woman/collection_0390f14e-b086-5572-add7-6091f2a6b23b.html#1
14 H .S.B.227, 88th General Assembly, 2019 Session. (Iowa 2019) Retrieved from https://www.legis.iowa.gov/legislation/BillBook?ga=%24selectedGa.
generalAssemblyID&ba=HSB227
15 The Ohio Legislature. House Bill 506. Retrieved from https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-506
© 2019 Iowa Voters for Companion Animals 7» Requires IDALS to conduct an unannounced inspection at least once a year and create
enforcement policies so as to uniformly enforce laws and regulations
» Requires a commercial breeder provide a valid proof of identification to allow IDALS to check the
applicant’s criminal history
• This ensures a license isn’t issued to an individual who has previously been convicted of
animal cruelty
» Requires a commercial breeder to pass an initial IDALS inspection prior to being issued a state license
• This allows IDALS to clearly explain all laws and regulations and an applicant to
demonstrate ability to comply prior to receiving a license
» A license application to operate as a commercial breeder must also include evidence of financial
responsibility (surety bond, liability insurance policy, irrevocable letter of credit issues by a
qualified financial institution)
• This ensures funds are available should IDALS need to seize or impound any animals. Local
law enforcement and county attorneys have cited monetary concerns as a hurdle when
presented with an irresponsible commercial breeder
» Sets standard of care to ensure adequate food, water, space, housing, exercise, enrichment, and
human interaction. It also bans the use of wire flooring and stacked cages.
• Elements such as enclosure size would not be enacted until January 1, 2022
» Sets veterinary care requirements to include annual physical examination of adult dogs; prompt
treatment for any significant disease, illness, or injury; any procedure involving surgery or
euthanasia; and a vaccination and parasite control program
» Restricts the breeding of female dogs to only those declared healthy by a veterinarian following a
physical examination and each female dog is limited to eight litters
» Requires commercial breeders to microchip puppies
• This also allows for more transparency and ability to trace a puppy to the original
commercial breeder in case of illness, particularly in situations such as the recent human
antibiotic-resistant Campylobacter outbreak.
» Requires commercial breeders to provide buyers with documentation including their latest IDALS
inspection report and a certificate of veterinary inspection. Pet stores and dealers must provide
buyers with this information, along with the commercial breeder’s name and contact information.
• This allows for more transparency within the industry and allows consumers to have all
applicable information related to their new puppy. This also allows for better tracking of
puppies sold through pet stores and dealers.
» Requires a commercial establishment to stop conducting regular business activities upon receiving
a conditional or disapproved inspection report
• White Fire Kennel was allowed to continue to sell puppies with genetic defects even after
receiving numerous disapproved inspection reports.This will protect consumers and ensure the
public that only those establishments meeting Iowa standards are allowed to conduct business.
» Requires IDALS to alert the county sheriff, county attorney, and possibly attorney general,
if a commercial establishment fails to correct violations
• This will ensure enforcement actions are taken if a facility is unable or unwilling
to correct violations.
© 2019 Iowa Voters for Companion Animals 8» Defines “rescue”
• Currently, Iowa does not define “rescue” in code. This has left nonprofit rescues to
be licensed as dealers and created a loophole that is currently being utilized by some
commercial breeders who have set up rescues to circumvent laws and ordinances
restricting the sale of commercially bred dogs and puppies in pet stores.16
» Increases licensing fees for commercial breeders based upon number of puppies sold
• These funds can be used to offset increased costs incurred by this legislation.
» Increases criminal penalties for failing to meet standard of care to a serious misdemeanor if the
dog or cat suffers a serious injury or death, and to an aggravated misdemeanor if the individual
has been previously convicted.
The current state of Iowa’s commercial dog breeding industry does not accurately reflect Iowa
values. The bad actors within the industry are placing dogs, puppies, and Iowans at risk while tainting
the entire industry, leaving Iowa to be known as a leading puppy mill state and all Iowa dog breeders
to be considered puppy mills. Stronger laws, regulations, and enforcement will benefit all.
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16 C
lair, S. S., & Gutowski, C. (May 2018). Designer and purebred puppies from other states sold as rescue dogs in Chicago, outsmarting city ordinance. Chicago
Tribune. Retrieved from https://www.chicagotribune.com/news/local/breaking/ct-met-pet-store-rescue-puppies-20180430-story.html
FOR MORE INFORMATION CONTACT:
Haley Anderson
Executive Director
Iowa Voters for Companion Animals
E. handerson@iowavca.org
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