State law regulates the treatment of animals in a variety of contexts. Animal cruelty statutes prohibit harming or killing animals in most situations and transporting or confining animals in an unsafe manner. State law requires dog breeding operations to limit the number of adult, intact dogs they have at one time, and to meet requirements regarding space, sanitation, and safety. Only licensed commercial dog breeders who were licensed by the United States Department of Agriculture (USDA) prior to January 1, 2010, are allowed to have more than 50 intact dogs over the age of 6 months at one time. Some local governments also impose regulations on the sale of animals intended for use as pets. Examples of local regulations include imposing licensing requirements on retail pet stores and prohibiting the sale of animals in public places. In 2021 legislation passed that prohibited retail pet stores from selling cats, and only retail pet stores selling dogs prior to July 25, 2021, could continue to sell dogs.
An "animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county ordinances regulating the care, control, licensing, or treatment of animals. An "animal rescue group" means a nonprofit organization that has a primary purpose of preventing the abuse, neglect, cruelty, exploitation, or homelessness of animals, and exclusively obtains dogs, cats, or other animals for placement that are:
The state prohibits a live dog or cat from being named as collateral for a consumer lease, retail installment transaction, or consumer loan.
A retail pet store that sold or offered for sale any dog prior to July 25, 2021, may sell or offer for sale a dog only if the following conditions are met:
For retail pet stores that provide space and care for animals owned by animal care and control agencies or animal rescue groups for adoption, the retail pet store must display for each dog or cat a label stating the name and address of the animal care and control agency or animal rescue group.
A retail pet store that violates these requirements is subject to a class 1 civil infraction of $250. A retail pet store that has more than three violations in a one-year period is prohibited from selling or offering to sell any dog. Enforcement officers and animal control officers may investigate and enforce the regulations for retail pet stores.
A person is prohibited from having more than 50 intact dogs over the age of 6 months at any time, regardless of whether the person was a USDA-licensed commercial dog breeder before January 1, 2010.
Any consumer lease, retail installment transaction, or consumer loan entered into for the purchase of a dog is void and unenforceable, and the lessor, retail seller, or licensee has no right to collect, receive, or retain any principal, interest, or charges related to the lease, retail installment transaction, or loan.
(In support) The vast majority of puppies are coming into the state from out-of-state puppy mills with health problems and being sold to consumers at predatory interest rates. This is such an emotional and financial burden for people who were seeking a companion and instead were lured into numerous veterinary bills and debt with a 199 percent interest rate. Families signed away a great deal of their disposable income and put their hearts on the line. In some cases these dogs cost over $12,000. Sometimes these animals die within weeks or have health conditions or genetic anomalies that accrue veterinary bills in the thousands. This is a multimillion-dollar business built on the abuse of animals.
Washington has high standards for dog breeding, so why does the state allow puppy mills? Eastern Washington is drowning in puppies, of which many have been transferred to the west side of the state. Facilities are out of space and there are limited foster homes for these dogs. There is no shortage of good animals available for adoption. There is a retail pet store in Moses Lake that does not have a spay or neuter requirement nor does the store provide vaccination records. Backyard breeders are the problem, especially since it is believed that they are selling to the retail pet store. These retail pet stores claim they do not buy puppies from puppy mills, and that the sale of puppies should be regulated rather than banned. However, one of the pet stores had over 20 violations after the ordinance was passed. Only a full ban on the sale of puppies will solve the problem as there is no shortage of victims. One individual took a retail pet store to court for their business practices and won. When the individual asked for information on the breeder, she was told, "No," to protect the breeder's privacy and was told she would need to purchase the animal first. The dog needed $6,000 in veterinarian care. She was told the dog was purebred, and it was not.
Cities and counties such as Renton, Gig Harbor, Pierce County, and Kitsap County have adopted ordinances to prevent the sale of puppy mill puppies and kittens. However, there is a lack of resources, training, and an inability to enforce local ordinances. When the state prevented new retail pet stores from opening this was a great first step, but a strong state law is the only approach to address the issue. This is not a ban from selling dogs if the dogs are coming from reputable, responsible breeders. Other retail stores must provide information about their products. This is a straightforward approach to consumer protection. Purchasing an animal with unknown health conditions is more emotional than buying a defective car or product. Both the consumer and the product have a heartbeat and the state has a responsibility to protect both.
(Opposed) The criticisms expressed do not describe all retail pet stores. The core of this proposal targets two stores, and there is false, misleading information that continues to attack these businesses. Puppy mills are horrible, and this is not about defending puppy mills. All puppies are sourced from local, private breeders. Pierce County did not document violations for a certain retail pet store, so where are the accusations coming from about 20 violations? Certain breeders choose to sell to a retail pet store because they receive a fair price and do not have to engage in marketing or with the public. Many of the concerns about puppy mills have already been addressed by the city and county ordinances. Certain retail pet stores are transparent with customers and provide details about the puppy. Some retail pet stores do not list the address of the breeder because there are examples of the breeders getting harassed by animal rights groups. If businesses are sourcing their animals inappropriately that should be addressed, but to apply a blanket prohibition is wrong.
Activists go across the country presenting these types of bans to legislators and getting them passed with little notice to consumers. This legislation expects retail pet stores to change their business model by only selling pet items and working with shelters. This legislation will put retail pet stores out of business as it forces them into a nonprofit status since fees cannot be charged. Housing adult dogs would be cost prohibitive for space reasons. Puppies make up 90 percent of revenue, so without puppies, there is no business. There are constitutional issues when targeting one specific business, and it is bad policy to overcome local laws to take out a specific business. The state could apply standards that cities and counties have adopted rather than prohibiting the sale of animals.
Consumers deserve to have choices on where and how to obtain a pet. If retail pet stores are removed from the market, consumer options are reduced. There are consumers who have had negative experiences with shelters. Shelters have certain conditions before allowing a dog to be adopted, like requiring that an individual does not work too many hours or has a fenced backyard. These are discriminatory practices. Shelters require animals to be fixed, and some consumers may not want this. Some individuals do not want the risk of adopting a rescue animal, who may have behavioral issues. A lot of animals that come from rescues come from puppy mills. There are no puppies in shelters as a result of retail pet stores. Over population problems are the result of other problems, like home insecurity. People may decide to give up their furry friend because they cannot afford to feed the pet or themselves. Prohibiting retail pet stores from selling animals does not stop people from wanting what they want. A ban will create a dangerous consumer market that will increase online, sight-unseen transactions and parking lot deliveries. There will be an explosion of dogs at shelters and an increase in euthanization.
Retail installment transactions are used for other items as well as pets, like mattresses and appliances, and those are not being regulated. Retail pet stores are subject to the Consumer Protection Act, state law, and municipal ordinances, and there are civil remedies available. If an individual purchases a puppy sight unseen over the internet from a backyard breeder, the individual does not have civil remedies.