BILL REQ. #:  H-1304.1 

Read first time 02/03/09.   Referred to Committee on Judiciary.

     AN ACT Relating to providing humanitarian requirements for certain dog breeding practices; adding a new section to chapter 16.52 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) Dogs are neither a commercial crop nor commodity and should not be indiscriminately or irresponsibly mass produced;
     (2) Commercial dog breeding increases the likelihood that the dogs will be denied their most basic needs including but not limited to: Sanitary living conditions, proper and timely medical care, the ability to move freely at least once per day, and adequate shelter from the elements;
     (3) Without proper oversight, puppy mills can easily fall below even the most basic standards of humane housing and husbandry;
     (4) Current Washington state laws are inadequate regarding the care and husbandry of dogs in puppy mills;
     (5) No Washington state agency currently regulates puppy mills;
     (6) The United States department of agriculture does not regulate puppy mills that sell dogs directly to the public and thus, such direct-sales breeders are currently exempt from even the minimum care and housing standards outlined in the federal animal welfare act;
     (7) Documented conditions at large-scale puppy mills include unsanitary conditions, potential for soil and groundwater contamination, the spread of zoonotic parasites and infectious diseases, and the sale of sick and dying animals to the public; and
     (8) An unfair fiscal burden is placed on city, county, and state taxpayers as well as government agencies and nongovernmental organizations, who are required to care for discarded or abused and neglected dogs from puppy mills.

NEW SECTION.  Sec. 2   A new section is added to chapter 16.52 RCW to read as follows:
     (1) A person may not own, possess, control, or otherwise have charge or custody of more than twenty-five dogs with intact sexual organs over the age of four months at any time.
     (2) Any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs with intact sexual organs over the age of four months must:
     (a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure must be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position. Each enclosure must be at least three times the length of the longest dog in the enclosure, from tip of nose to base of tail.
     (b) Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such exercise must include removing the dog from the dog's primary enclosure and either leash walking or giving the dog access to an enclosure at least four times the size of the primary enclosure allowing the dog free mobility for the entire exercise period, but may not include use of a treadmill, cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.
     (c) Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:
     (i) Housing facilities and primary enclosures must be kept in a sanitary condition. Housing facilities where dogs are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities must be equipped with a working smoke alarm and have a means of fire suppression, such as functioning fire extinguishers or a functioning sprinkler system on the premises and must have sufficient lighting to allow for observation of the dogs at any time of day or night;
     (ii) Housing facilities must enable all dogs to remain dry and clean;
     (iii) Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs. Ambient temperature must not fall below fifty degrees Fahrenheit or rise above eighty-five degrees Fahrenheit;
     (iv) Housing facilities must provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;
     (v) A primary enclosure must have floors that are constructed in a manner that protects the dogs' feet and legs from injury. Ground level kennels should be of poured concrete sealed with an epoxy sealant so that the runs can be properly cleaned and disinfected. Raised kennels must be slatted with a solid resting surface. The following must be met for floors constructed with slats: (A) Slats must be flat; must have spaces in between that are no more than 0.5 inches in width; (B) slats must have spaces between them that run the length of the floor; (C) slats must be no less than 3/5 inches in width; (D) slats must be level with the slat next to it within a single enclosure; (E) slats must be strong enough so that the slats do not sag or bend between structural supports; and (F) slats must be constructed of a material impervious to moisture and able to be cleaned and sanitized;
     (vi) Primary enclosures must be placed no higher than forty-two inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;
     (vii) Feces, hair, dirt, debris, and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors. Dogs must be removed from enclosures during cleaning; and
     (viii) All dogs housed in the same enclosure must be compatible, as determined by observation. Animals with a vicious or aggressive disposition must be housed individually. Breeding females in heat may not be housed in the same enclosure with sexually mature males, except for breeding. Breeding females with litters may not be housed in the same enclosure with other adult dogs. Puppies under twelve weeks may not be housed in the same enclosure with other adult dogs, other than the dam or foster dam.
     (d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be readily cleaned and sanitized. Enclosures must contain potable water that is not frozen, is free from debris, and is readily accessible to all dogs at all times.
     (e) Provide veterinary care without delay when necessary. A male unaltered dog must be examined by a veterinarian at least once a year. A female unaltered dog must be examined by a veterinarian at least once a year or prior to each attempt at breeding, whichever occurs more frequently. The veterinarian must use appropriate methods to prevent, control, diagnose, and treat diseases and injuries. A dog may not be bred if a veterinarian determines that the animal is unfit for breeding purposes. Only dogs between the ages of eighteen months and eight years of age may be used for breeding. Female dogs are only allowed to whelp one litter per year. Ear cropping, tail docking, debarking, and surgical births are prohibited except under anesthesia and by a licensed veterinarian. Animals requiring euthanasia must be euthanized only by a licensed veterinarian.
     (3) Any animal control officer or other authorized public health or safety official may, upon receiving a complaint or upon his own motion, investigate any violation of subsections (1) and (2) of this section. The investigation may include the following: (a) The inspection of the books and records of any individual or business that buys or sells dogs to the public or wholesale; and (b) the inspection of any place where dogs are bred or maintained and/or any dogs maintained therein. In conducting the inspection, the officer or official may enter any premises where animals may be bred or maintained during daytime hours. Any person or business that is the subject of an investigation under this section must, upon request, provide assistance to the officer or official in making any inspection authorized by this section.
     (4) A person who violates this section is guilty of a gross misdemeanor.
     (5) This section does not apply to the following:
     (a) A publicly operated animal control facility or animal shelter;
     (b) A private, charitable not-for-profit humane society or animal adoption organization;
     (c) A veterinary facility;
     (d) A retail pet store;
     (e) A research institution;
     (f) A boarding facility; or
     (g) A grooming facility.
     (6) For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:
     (a) "Dog" means any member of Canis lupus familiaris; and
     (b) "Retail pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets. This term does not include: (i) Any person or establishment that breeds or raises animals to sell, exchange, broker, or otherwise transfer the animals to the public as household pets; and (ii) publicly operated animal control facilities or animal shelters, private, charitable not-for-profit humane societies, or animal adoption organizations.

NEW SECTION.  Sec. 3   This act takes effect January 1, 2010.