Saving puppies with the commerce clause

Dog breeders who skirt animal welfare laws by selling puppies over the Internet would face tighter scrutiny under a rule change proposed Thursday by the U.S. Department of Agriculture.

The change would subject dog owners who breed more than four females and sell the puppies electronically, by mail or over the phone to the same oversight faced by wholesale dealers as part of the Animal Welfare Act.

That law, written in 1966, set standards of care for animals bred for commercial sale and research. Retail sales were exempt from inspections under the assumption that anyone who visited the store could see whether the animals appeared healthy and cared for...

"This is a very significant proposed federal action, since thousands of large-scale breeders take advantage of a loophole that allows them to escape any federal inspections," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Dogs in puppy mills often live in small, overcrowded cages, living in filth and denied veterinary care. We need more eyes on these operations, and this rule will help."

Missouri voters thought they scored a big win against some of the nation's most notorious puppy mills when they approved strict new dog breeding regulations last year. Now state lawmakers are changing the rules.

A state law aimed at cracking down on disreputable breeders and improving animal care has been overhauled by lawmakers who say the voter-approved version is too costly, and punished legitimate dog-breeders who generate an estimated $1 billion annually in the state. Animal advocates complain elected officials are overruling the will of the people and some are prepared to put the issue on the ballot again next year.

Wayne Pacelle, president of the Humane Society of the United States, said public confidence is undercut when about 100 lawmakers change a law backed by about 1 million voters.

"The effort in Jefferson City is a piece-by-piece dismantling of every core provision," Pacelle said. "It suggests to me that this is an industry that wants deregulation. They want to do things that they want and to heck with the people who care about dogs or consumers as long as there are enough dogs purchased.