SENATE BILL 331 OPPOSITION TESTIMONY OF

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1 Good afternoon Chairman Oelslager and Members of the Senate Finance Committee. My name is Mary O'Connor-Shaver and I currently reside with my family in Lewis Center, Delaware County. I am here today speaking on behalf of the following seven grassroots animal welfare organizations - Angels for Animals, Animal Cruelty Task Force of Ohio, Joseph s Legacy, Justice for Herbie, Nitro Foundation/Nitro s Ohio Army, Ohio Coalition of Dog Advocates and Ohio Voters for Companion Animals, Inc. - as an opponent to Senate Bill 331. Representing over 77,000 constituents across 81 Ohio counties, our seven Ohio-citizen driven, community based organizations are the driving force behind legislative efforts to address issues impacting the health and safety of companion animals as defined under Ohio Revised Code 959. Our supporters include a diverse section of voters and taxpayers from across the state, including but not limited to, a broad range of dog enthusiasts, veterinarians, breeders, animal care and welfare organizations, animal control representatives, appointed humane agents, judges, attorneys, and advocates who understand state and federal governance. Given our coalition s dedication to educate and support the law enforcement and judicial communities in the enforcement and administration of Ohio's animal welfare laws. I want to begin my testimony by thanking those who worked diligently over a even-year period in the passage of amended Ohio Senate Bill 130 ( the Dog Breeding Kennels and Retailers Law), passed during the 129 th Ohio General Assembly and enacted in 2013, which seeks to protect dogs and their offspring in high volume breeding kennels. I would also like to acknowledge Representative Cheryl Grossman for her efforts to introduce Ohio House Bill 226 during the 130 th Ohio General Assembly, which if passed, would have amended sections of the Revised Code to regulate and establish licensing requirements and standards of care for pet stores and dog retailers. Unfortunately, that bill died in the House Agriculture and Natural Resources committee under then Chairman Representative Dave Hall. Since May 4, volunteer leaders representing all seven organizations have received an unprecedented number of s, private Facebook messages and telephone calls from consumers residing both in and outside Ohio regarding their experience buying a puppy from a franchise or corporate-owned Petland store and expressing strong opposition to Senate Bill 331, which is nearly identical to the language in the Pet Store Animal Sales amendment to House Bill 166 (amendment was removed from this bill during it's sixth hearing in the Senate Ways and Means committee on May 18, 2016). In addition to these communications, volunteer leaders have also reviewed and analyzed hundreds of federal and state inspection reports, photos and Certificate of Veterinary Inspection reports (CVIs) on "puppy mill" breeders and brokers (as defined by the USDA*) from Arkansas, Indiana, Iowa, Kansas, Missouri, Ohio and Oklahoma, all states who are currently supplying puppies to both franchised and company-owned Petland stores. From due diligence conducted as a result of this information, our coalition strongly agrees that the first step in the consideration and protection of consumers and animal welfare begins with the governance of the Dog Breeding Kennels and Retailers Law. However, our supporters have expressed concerns that Senate Bill 331 will fail to protect consumers by allowing pet stores to source from some of the worst "puppy mill" breeding facilities in the country. Their greatest concerns include the following: 1) Facilities that would meet the definition of a USDA-licensed "qualified breeder" under Section (B) of the proposed law could include those in which Animal Care (AC) Inspectors often ignore repeat violations, waive penalties and do not adequately document inhumane treatment of their breeding dogs (U.S. Department of Agriculture, Office of Inspector General: Animal and Plant Health Inspection Service, Animal Care Program, Inspection of Problematic Dealers (Audit Report SF, May 2010). Their greatest concerns include the following: USDA-initiated inspections are risk-based, meaning the frequency of a facility s inspections is determined by its compliance record and that many facilities may be

2 inspected as seldom as once every two years. (APHIS Animal Care Fact Sheet February 2014), breeding dogs are only required to have a cage size that provides six extra inches in length and width, beyond their own actual body length, and those cages may be stacked with up to 12 breeding dogs in one cage ( 3.6 Primary enclosures.), breeding dogs are not required to be released from their cages for exercise and play time. Breeders only need to have an exercise plan and that s only if the dog is in a space less than two times the minimum required. ( 3.8 Exercise for dogs.), there is no limit to the number of breeding dogs a breeder can have - many have over 100 breeding dogs, and most importantly, there is no age limit for breeding dogs. If a dog is able to produce puppies for ten years, that s how long they could be in the "puppy mill" breeding facility. 2) Unlike breeders that do not sell their puppies to pet stores, at flea markets or "sight unseen" over the internet, those that meet the definition of a "qualified breeder" under of the proposed law do none of the following: they do not follow a breeding plan to preserve and protect each breed, they do not produce a limited number of litters each year, they do not breed only when a litter will enhance the breed and the breeding program, they do not screen breeding parents to eliminate hereditary defects, and most importantly, they do not work with a breed club or kennel club to promote and protect the breed. Our seven groups and their supporters firmly believe that Senate Bill 331 is insufficient to adequately protect consumers or the puppies sold in pet stores whose parents live in breeding conditions where "profit above care" for the facility owner serves as their primary motive for existence. Most importantly, we believe Section of the proposed law is a vicious assault on "Home Rule" as granted by the Ohio Constitution, one of the most important components of comprehensive oversight through local ordinances to effectively address "puppy mill" breeding facilities and the distribution channels such as Petland that support and keep these operations in business. We are in firm agreement that Senate Bill 331 is a "fasttracked" piece of legislation that blatantly and needlessly attempts to usurp the authority of local government while preventing sufficient opportunity for the Ohio General Assembly to review and assess critical in-depth dialogue from community stakeholders on licensing requirements and standards of care for pet stores and dog retailers. It is our hope this Committee will reflect on the concerns expressed by our seven groups and their supporters in today s testimony prior to recommending Senate Bill 331 for review and passage by the Ohio Senate. As the representative for Angels for Animals, Animal Cruelty Task Force of Ohio, Joseph s Legacy, Justice for Herbie, Nitro Foundation/Nitro s Ohio Army, Ohio Coalition of Dog Advocates and Ohio Voters for Companion Animals, Inc., I greatly appreciate your time and consideration on this important piece of legislation for Ohioans, and I welcome any questions you may have. *Definition of Puppy Mills as confirmed by USDA APHIS Animal Welfare Factsheet, April 2008 Questions and Answers on Animal Care's Regulation of Commercial Animal Dealers Who regulates "puppy mills"? Facilities that breed large numbers of dogs for sale are often referred to as "puppy mills." Those facilities that breed and sell their animals to pet stores are covered under the Animal Welfare Act (AWA) and are inspected by the U.S. Department of Agriculture's (USDA) Animal Care program.

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4 REVIEW OF JAN - JUN 2015 CERTIFICATE OF VETERINARY INSPECTIONS (CVIs) RECEIVED BY THE OHIO DEPARTMENT OF AGRICULTURE Sadie's Broker: Quail Creek Kennel LLC, Fresno, OH (USDA Certificate 31-B-0168) 167 PUPPIES SHIPPED TO FLORIDA PET STORES (INCLUDES PETLAND) Honey Pets, Weston, FL o (01/20/15-18 puppies) o (04/21/15-4 puppies) Pet Life Animal Hospital, West Palm Beach, FL o (03/17/15-6 puppies) o (040/7/15-2 puppies) o (04/21/15-2 puppies) o (05/05/15-7 puppies) o (05/19/15-3 puppies) o (06/09/15-1 puppy) Petland Bradenton, Bradenton, FL o (05/12/15-7 puppies) o (06/9/15-10 puppies) Petland Davie, Davie, FL o (01/20/15-6 puppies) o (02/03/15-3 puppies) o (02/10/15-2 puppies) o (04/28/15-1 puppy) o (05/12/15-2 puppies) Petland Deerfield Beach, Deerfield Beach, FL o (01/27/15-7 puppies) o (02/10/15-10 puppies) o (02/17/15-5 puppies) o (03/17/15-4 puppies) o (03/24/15-7 puppies) o (04/07/15-7 puppies) Petland Plantation, Plantation, FL o (02/03/15-4 puppies) Petland Sarasota, Sarasota, FL o (02/17/15-15 puppies) o (05/05/15-7 puppies) o (06/02/15-9 puppies) Puppy Plus, Parkland, FL o (02/03/15-3 puppies) Star Puppies, West Palm Beach, FL o (06/09/15-8 puppies) Star Puppies, West Palm Beach, FL o (06/16/15-7 puppies) D. 93 PUPPIES SHIPPED TO GEORGIA PET STORES (INCLUDES PETLAND) Petland Dalton, Dalton, GA o (05/05/15-5 puppies) o (05/12/15-11 puppies) o (06/16/15-7 puppies) Petland Kennesaw, Kennesaw, GA o (1/15/15-10 puppies) o (2/17/15-18 puppies) o (3/17/15-10 puppies) o (5/12/15-18 puppies) o (5/19/15-5 puppies) Puppies Galore, Lawrenceville, GA o (4/7/15-9 puppies)

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7 REVIEW OF CERTIFICATE OF VETERINARY INSPECTIONS (CVIs) RECEIVED BY THE OHIO DEPARTMENT OF AGRICULTURE Petland Athens (Athens, OH), Petland Chillicothe (Chillicothe, OH) A. 23 PUPPIES SHIPPED FROM PETLAND ATHENS BACK TO THEIR SUPPLIERS Hunte Corporation, Goodman, MO - major supplier to Petland! o (06/11/14-1 puppy, 10 weeks) o (06/18/14-1 puppy, 9 weeks) o (06/25/14-1 puppy, 9 weeks) o (07/02/14-1 puppy, 9 weeks) o (08/13/14-1 puppy, 10 weeks) o (09/15/14-1 puppy, 11 weeks) o (09/19/14-1 puppy, 10 weeks) o (09/26/14-2 puppies; 1-11 weeks, 1-12 weeks) o (06/18/15-1 puppy, 15 weeks) Levi Graber/Blue Ribbon Morgans and Puppies, Oden, IN - USDA License 32-B-0182 cancelled 1/9/16! o (06/09/14-1 puppy, 9 weeks) o (06/11/14-1 puppy, 10 weeks) Pinnacle Pet, Neosho, MO - see article*, major supplier to Petland! o (06/18/14-1 puppy, 9 weeks) o (07/16/14-3 puppies, 10 weeks) o (08/06/14-1 puppy, 9 weeks) o (08/27/14-1 puppy, 9 weeks) o (09/19/14-1 puppy, 10 weeks) o (09/24/14-1 puppy, weeks unknown) o (10/01/14-3 puppies, 2-10 weeks, 1-12 weeks) B. 15 PUPPIES SHIPPED FROM PETLAND CHILLICOTHE BACK TO THEIR SUPPLIERS Hunte Corporation, Goodman, MO - major supplier to Petland! o (06/20/14-1 puppy, 11 weeks) o (12/18/14-1 puppy, 11 weeks) Levi Graber/Blue Ribbon Morgans and Puppies, Oden, IN - USDA License 32-B-0182 cancelled 1/9/16! o (06/09/14-2 puppies, 10 weeks) o (07/17/14-1 puppy, 8 weeks) Pinnacle Pet, Neosho, MO - see article*, major supplier to Petland! o (01/12/14-1 puppy, 12 weeks) o (06/12/14-1 puppy, 10 weeks) o (06/18/14-1 puppy, 9 weeks) o (07/02/14-1 puppy, 10 weeks) o (08/18/14-1 puppy, 10 weeks) o (10/06/14-1 puppy, 10 weeks) o (11/03/14-1 puppy, 10 weeks) o (12/01/14-1 puppy, 10 weeks) o (12/12/14-1 puppy, 10 weeks) QD Kennels, Frankford, MO (CVI reads MS) o (10/13/14-1 puppy, 10 weeks)

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