Q. What has motivated other municipalities to pass companion animal and consumer protection ordinances?
A. While each municipality has its own individual considerations, most of the ordinances ending the retail sale of companion animals have cited one or more of the following reasons:
Economic considerations. Passing companion animal legislation is likely to reduce the costs incurred by municipal animal control facilities, which are often open admission shelters that use taxpayer dollars to house, feed, provide veterinary care for, and euthanize stray and relinquished animals. A retail pet sale ordinance could reduce the burden on its municipal shelters by decreasing the number of animals coming into the municipality’s care and increasing the number of animals adopted out of its facilities.
Animal welfare. The vast majority of the dogs (many estimate as high as 99 percent) and many of the cats sold in pet stores are born in commercial breeding facilities, commonly referred to as puppy and kitten mills (further defined below) – this includes facilities licensed by the United States Department of Agriculture (USDA). Permitting the sale of dogs and cats in stores supports such large-scale animal cruelty, and instituting a retail sales ban is a necessary step in ending these inhumane practices.
Consumer protection. Consumers purchasing dogs or cats from pet stores are unknowingly supporting puppy and kitten mills and may be purchasing a pet with significant health and/or behavioral issues. Consumers often spend more than $1,000 on an animal from a pet store, and can then be faced with several thousand dollars in veterinary costs to care for their ill pet. In extreme cases, the puppy or kitten may be so ill that it does not survive. Illinois had the third highest rate of complaints from consumers about puppies from pet stores reported to The Humane Society of the United States (HSUS) in its report, Puppy Buyer Complaints: A Five Year Summary, 2007-2011. Behavioral problems in pet store dogs have also been well documented; one example is in a University of Pennsylvania study from May 2013.
Pet overpopulation and euthanasia. When there are already thousands of animals being relinquished to shelters and euthanized, it does not make sense to continue importing thousands of animals into local communities. Moreover, dogs and cats sold in pet stores are not spayed or neutered. Shipping in even more animals capable of reproduction when there is already an oversaturation only contributes to pet overpopulation and increased euthanasia rates.
Learn more about how these considerations apply to Joliet on our City of Joliet Pet Store and Animal Control Facts page.
Q. What is a “puppy mill” or “kitten mill”?
A. The term “puppy mill” or “kitten mill” describes any commercial breeding operation that places profit above the well-being of the animals. While there is likely variation across facilities and some breeders may be better or worse than others, our position is that any breeder that sells to pet stores – including those licensed by the USDA – is a commercial breeder that operates solely to make a profit under minimal standards of care for the animals. They are typically large-scale operations, often with hundreds of dogs/cats that produce puppies/kittens at a high volume. In contrast, small private breeders that follow breed club guidelines carefully screen buyers and never sell to pet stores. Extensive industry research and investigation, government reports, breed club guidelines, and the personal experiences of those familiar with commercially-bred dogs and cats support the conclusion that any commercial facility that sells to pet stores prioritizes profit over the welfare of the animals in their care. Visit our Puppy Mill Facts page for more information.
Q. What is a “puppy broker” and how is that relevant?
A. “Puppy brokers” are pet dealers that obtain puppies from breeders, transport them, and then re-sell them to pet stores (in other words, a “middle man”). While there is much discussion about commercial breeders, it is very important to understand that most pet stores obtain their puppies from brokers, and not directly from the breeders. In fact, Illinois Department of Agriculture records demonstrate that Petland obtains most of its puppies from brokers. Brokers often ship large quantities of puppies at a time for long distances in crowded conditions, creating a significant risk for the spread of illness. Learn more about puppy brokers in the HSUS Puppy Mill Brokers Fact Sheet.
Q. Are there other laws that protect consumers?
A. There is no pending or enacted legislation that adequately protects consumers or that requires pet stores to source their animals from responsible breeders. The following portions of the Illinois Animal Welfare Act (225 ILCS 605) were enacted to protect consumers but are insufficient in doing so. Visit our Animal Welfare Act and United States Department of Agriculture Enforcement page for more information.
Furry Babies has also begun side-stepping Illinois' "Puppy Lemon Law" by requiring purchasers to sign away their legal rights to the protections provided by the law, accepting the store's warranty in its place. The stores' contracts also prohibit consumers from filing individual or class-action lawsuits and requires them to arbitrate disputes instead.
Q. What type of legislation have other cities passed?
A. In the U.S. and Canada, more than 200 local governments have enacted ordinances regulating the sale of puppy and/or kitten mill dogs and cats as of February 2017. These municipalities include the cities of Chicago, Los Angeles, San Diego, Phoenix, Pittsburgh, Las Vegas, Boston, and Philadelphia. This legislation impacts more than 39 million people in the U.S. and Canada. The vast majority of these ordinances ban the retail sale of dogs and cats (and rabbits in some cases) exempting out animals sourced from shelters or rescue organizations. An ordinance that prohibits the retail sale of commercially-bred animals is practical to enforce because it is not contingent upon standards that are onerous and impossible to monitor. In addition, it addresses the problem of large-scale commercial breeders directly by eliminating their primary sales outlet. Visit our Retail Pet Sale Bans page for more information.
Q. Have there been legal challenges in other jurisdictions?
A. As of August 12, 2016, there had been seven lawsuits challenging retail pet sale ordinances brought in federal courts that raise claims under the United States Constitution. Every single lawsuit challenging a retail pet sale ordinance has been decided in favor of the cities that passed the ordinance and courts have upheld the ordinances as constitutional.
Q. Why pass legislation directed at pet stores instead of breeders?
A. Eliminating the sales outlet for commercially-bred puppies and kittens is essential to addressing puppy/kitten mill cruelty. Regulating the retail sale of commercially-bred animals is a practical and enforceable course of action that can address the problem at the local level. In contrast, regulating the source of the animals - or regulations imposed on breeding operations - are difficult to legislate and almost impossible to enforce. To ensure that an animal is sourced from quality breeding stock and humane conditions, any regulation would have to go beyond what is currently required by the USDA. The entity imposing the regulation would then be tasked with enforcing it, which would require inspections of hundreds of breeders, many of which are out of state.
Q. Isn’t the problem the breeders, and not the pet stores?
A. Pet stores are a primary sales outlet for commercially-bred puppies and kittens. Pet stores are necessary to sustain and perpetuate the industry, and are therefore a significant contributor to puppy/kitten mill cruelty. Further, pet stores often misrepresent the true origins of their animals and mislead consumers into believing that they are purchasing a responsibly and humanely bred pet.
Q. Are consumers better protected purchasing a dog or cat from a pet store?
A. No. In addition to unknowingly supporting animal cruelty, consumers are more likely to purchase an ill pet from a pet store. The inhumane conditions in commercial breeding facilities often lead to health and behavioral issues. (For more information on the types of medical issues experienced by purchasers of pet store puppies, see the HSUS report, Puppy Buyer Complaints: A Five Year Summary, 2007-2011.) Many consumers are unaware of this when purchasing a pet from a pet store due to a lack of education on the source of pet store puppies and incomplete or misleading information pet stores often provide. In fact, the Illinois Pet Store Disclosure Act does not inform consumers that the pet they are about to purchase comes from a commercial breeding facility. However, when a consumer obtains a pet from a rescue organization, that animal has often been carefully vetted, temperament tested, and treated for any illnesses. Further, rescues often carefully match potential adopters with animals that will be a good long-term fit for their family and offer post-adoption counseling and assistance with training or behavioral questions.
In addition, the pet stores at issue only allow for a refund for the first 30 days after purchase for viral or routine health issues. For congenital or hereditary issues, Furry Babies warranties its dogs for 12 months; Petland warranties its dogs and cats at a portion of the purchase cost based on the amount of time since the purchase, offering a 100% refund during the first year after sale; 50% during the second year; and 30% during the third year. The consumer is only eligible for a refund under the pet stores’ warranties if they use the pet stores’ veterinarian. Many consumers will prefer to use their own veterinarians, many pets become ill after 30 days, and many congenital issues do not appear until later in the animal’s life. Further, consumers are often reluctant to use the veterinarian of the store that is responsible for selling them a sick pet in the first place.
Furry Babies has also begun side-stepping Illinois' "Puppy Lemon Law" by requiring purchasers to sign away their legal rights to the protections provided by the law, accepting the store's warranty in its place. The stores' contracts also prohibit consumers from filing individual or class-action lawsuits and requires them to arbitrate disputes instead.
Q. What if a breeder is licensed by the United States Department of Agriculture?
A. USDA licensing and standards do not ensure that pet stores are sourcing their animals from reputable breeding facilities. USDA standards are minimal; they do not require any level of humane care or treatment, nor do they ensure healthy animals. A small number of USDA inspectors (most recently reported at 120) are responsible for inspecting all USDA licensed facilities under the USDA’s Animal Care unit, not just commercial breeders (in 2010, the Animal Care Unit had 8,782 regulated facilities under its supervision). The USDA and the Illinois Department of Agriculture - with only six inspectors responsible for inspecting 1,973 pet dealers, kennel operators, pet stores, and other facilities in Illinois - do not have the capacity to adequately inspect the thousands of commercial breeders currently in operation nationwide.
Q. Do pet stores need to sell animals in order to be successful?
A. No. In fact, most pet stores in Joliet and the surrounding areas run highly successful businesses by only selling pet supplies and offering pet services, such as grooming. Of the estimated $60.28 billion that Americans spent on their pets in 2015, $23.05 billion was spent on food, $14.28 billion on supplies and over-the-counter medicine, and $5.41 billion on pet services such as grooming and boarding. Only an estimated $2.12 billion (a mere 3.5%) was spent on live animal purchases. Both large chains (such as Petco and PetSmart) and small, locally-owned businesses are running thriving pet stores without selling dogs or cats.
Q. If a pet store wishes to continue selling animals, how will it operate if an ordinance prohibiting the retail sale of dogs and cats is passed?
A. If an ordinance exempts out animals sourced from shelters and rescues, pet stores may continue selling animals under a “humane” model, where the store sells cats or dogs obtained from an animal control center, humane society, or rescue organization. Alsip Nursery in Frankfort successfully converted to a humane model in January 2014. Pet stores may also host adoption events where rescues and shelters bring in adoptable pets, as PetSmart and many other smaller, locally-owned stores do. Stores that convert to a humane model will likely see an expansion of their customer base as there are many consumers who will not shop at any pet store that sells animals other than those sourced from shelters or rescues.
Q. What if I want to buy a specific breed of cat or dog?
A. Any retail pet sale ordinance similar to those passed in Chicago and Los Angeles will not affect reputable breeders. Responsible breeders never sell to pet stores. These ordinances do not affect a consumer’s ability to obtain a cat or dog of his/her choice directly from a breeder, a breed-specific rescue, or a shelter. There are many comprehensive resources, including Pupquest.org, that educate consumers on how to find a healthy puppy from a responsible source. Visit our Pet Store Alternatives page for more information.
A. While each municipality has its own individual considerations, most of the ordinances ending the retail sale of companion animals have cited one or more of the following reasons:
Economic considerations. Passing companion animal legislation is likely to reduce the costs incurred by municipal animal control facilities, which are often open admission shelters that use taxpayer dollars to house, feed, provide veterinary care for, and euthanize stray and relinquished animals. A retail pet sale ordinance could reduce the burden on its municipal shelters by decreasing the number of animals coming into the municipality’s care and increasing the number of animals adopted out of its facilities.
Animal welfare. The vast majority of the dogs (many estimate as high as 99 percent) and many of the cats sold in pet stores are born in commercial breeding facilities, commonly referred to as puppy and kitten mills (further defined below) – this includes facilities licensed by the United States Department of Agriculture (USDA). Permitting the sale of dogs and cats in stores supports such large-scale animal cruelty, and instituting a retail sales ban is a necessary step in ending these inhumane practices.
Consumer protection. Consumers purchasing dogs or cats from pet stores are unknowingly supporting puppy and kitten mills and may be purchasing a pet with significant health and/or behavioral issues. Consumers often spend more than $1,000 on an animal from a pet store, and can then be faced with several thousand dollars in veterinary costs to care for their ill pet. In extreme cases, the puppy or kitten may be so ill that it does not survive. Illinois had the third highest rate of complaints from consumers about puppies from pet stores reported to The Humane Society of the United States (HSUS) in its report, Puppy Buyer Complaints: A Five Year Summary, 2007-2011. Behavioral problems in pet store dogs have also been well documented; one example is in a University of Pennsylvania study from May 2013.
Pet overpopulation and euthanasia. When there are already thousands of animals being relinquished to shelters and euthanized, it does not make sense to continue importing thousands of animals into local communities. Moreover, dogs and cats sold in pet stores are not spayed or neutered. Shipping in even more animals capable of reproduction when there is already an oversaturation only contributes to pet overpopulation and increased euthanasia rates.
Learn more about how these considerations apply to Joliet on our City of Joliet Pet Store and Animal Control Facts page.
Q. What is a “puppy mill” or “kitten mill”?
A. The term “puppy mill” or “kitten mill” describes any commercial breeding operation that places profit above the well-being of the animals. While there is likely variation across facilities and some breeders may be better or worse than others, our position is that any breeder that sells to pet stores – including those licensed by the USDA – is a commercial breeder that operates solely to make a profit under minimal standards of care for the animals. They are typically large-scale operations, often with hundreds of dogs/cats that produce puppies/kittens at a high volume. In contrast, small private breeders that follow breed club guidelines carefully screen buyers and never sell to pet stores. Extensive industry research and investigation, government reports, breed club guidelines, and the personal experiences of those familiar with commercially-bred dogs and cats support the conclusion that any commercial facility that sells to pet stores prioritizes profit over the welfare of the animals in their care. Visit our Puppy Mill Facts page for more information.
Q. What is a “puppy broker” and how is that relevant?
A. “Puppy brokers” are pet dealers that obtain puppies from breeders, transport them, and then re-sell them to pet stores (in other words, a “middle man”). While there is much discussion about commercial breeders, it is very important to understand that most pet stores obtain their puppies from brokers, and not directly from the breeders. In fact, Illinois Department of Agriculture records demonstrate that Petland obtains most of its puppies from brokers. Brokers often ship large quantities of puppies at a time for long distances in crowded conditions, creating a significant risk for the spread of illness. Learn more about puppy brokers in the HSUS Puppy Mill Brokers Fact Sheet.
Q. Are there other laws that protect consumers?
A. There is no pending or enacted legislation that adequately protects consumers or that requires pet stores to source their animals from responsible breeders. The following portions of the Illinois Animal Welfare Act (225 ILCS 605) were enacted to protect consumers but are insufficient in doing so. Visit our Animal Welfare Act and United States Department of Agriculture Enforcement page for more information.
- The Illinois "Puppy Lemon Law" provides a remedy only in certain circumstances when a consumer has purchased a dog that becomes ill. It limits the consumer’s reimbursement to the purchase price of the animal (or double in some cases). Not only does that amount fail to cover the veterinary bills in many cases, but it does not compensate the consumer for their emotional loss.
- The Illinois Pet Store Disclosure Act does not inform consumers that the pet they are about to purchase comes from a commercial breeding facility. A consumer would still be required to do considerable research to learn about the type of facility from which their pet was bred, including how many dogs/cats are kept on the premises.
- The recently enacted House Bill 4410, while a positive step, simply increases penalties for violations of the Illinois Animal Welfare Act (a first violation fine has increased from $200 to $500; a second violation fine increases from $500 to $1000; and a third violation fine increases to $2,500 and probation).
Furry Babies has also begun side-stepping Illinois' "Puppy Lemon Law" by requiring purchasers to sign away their legal rights to the protections provided by the law, accepting the store's warranty in its place. The stores' contracts also prohibit consumers from filing individual or class-action lawsuits and requires them to arbitrate disputes instead.
Q. What type of legislation have other cities passed?
A. In the U.S. and Canada, more than 200 local governments have enacted ordinances regulating the sale of puppy and/or kitten mill dogs and cats as of February 2017. These municipalities include the cities of Chicago, Los Angeles, San Diego, Phoenix, Pittsburgh, Las Vegas, Boston, and Philadelphia. This legislation impacts more than 39 million people in the U.S. and Canada. The vast majority of these ordinances ban the retail sale of dogs and cats (and rabbits in some cases) exempting out animals sourced from shelters or rescue organizations. An ordinance that prohibits the retail sale of commercially-bred animals is practical to enforce because it is not contingent upon standards that are onerous and impossible to monitor. In addition, it addresses the problem of large-scale commercial breeders directly by eliminating their primary sales outlet. Visit our Retail Pet Sale Bans page for more information.
Q. Have there been legal challenges in other jurisdictions?
A. As of August 12, 2016, there had been seven lawsuits challenging retail pet sale ordinances brought in federal courts that raise claims under the United States Constitution. Every single lawsuit challenging a retail pet sale ordinance has been decided in favor of the cities that passed the ordinance and courts have upheld the ordinances as constitutional.
Q. Why pass legislation directed at pet stores instead of breeders?
A. Eliminating the sales outlet for commercially-bred puppies and kittens is essential to addressing puppy/kitten mill cruelty. Regulating the retail sale of commercially-bred animals is a practical and enforceable course of action that can address the problem at the local level. In contrast, regulating the source of the animals - or regulations imposed on breeding operations - are difficult to legislate and almost impossible to enforce. To ensure that an animal is sourced from quality breeding stock and humane conditions, any regulation would have to go beyond what is currently required by the USDA. The entity imposing the regulation would then be tasked with enforcing it, which would require inspections of hundreds of breeders, many of which are out of state.
Q. Isn’t the problem the breeders, and not the pet stores?
A. Pet stores are a primary sales outlet for commercially-bred puppies and kittens. Pet stores are necessary to sustain and perpetuate the industry, and are therefore a significant contributor to puppy/kitten mill cruelty. Further, pet stores often misrepresent the true origins of their animals and mislead consumers into believing that they are purchasing a responsibly and humanely bred pet.
Q. Are consumers better protected purchasing a dog or cat from a pet store?
A. No. In addition to unknowingly supporting animal cruelty, consumers are more likely to purchase an ill pet from a pet store. The inhumane conditions in commercial breeding facilities often lead to health and behavioral issues. (For more information on the types of medical issues experienced by purchasers of pet store puppies, see the HSUS report, Puppy Buyer Complaints: A Five Year Summary, 2007-2011.) Many consumers are unaware of this when purchasing a pet from a pet store due to a lack of education on the source of pet store puppies and incomplete or misleading information pet stores often provide. In fact, the Illinois Pet Store Disclosure Act does not inform consumers that the pet they are about to purchase comes from a commercial breeding facility. However, when a consumer obtains a pet from a rescue organization, that animal has often been carefully vetted, temperament tested, and treated for any illnesses. Further, rescues often carefully match potential adopters with animals that will be a good long-term fit for their family and offer post-adoption counseling and assistance with training or behavioral questions.
In addition, the pet stores at issue only allow for a refund for the first 30 days after purchase for viral or routine health issues. For congenital or hereditary issues, Furry Babies warranties its dogs for 12 months; Petland warranties its dogs and cats at a portion of the purchase cost based on the amount of time since the purchase, offering a 100% refund during the first year after sale; 50% during the second year; and 30% during the third year. The consumer is only eligible for a refund under the pet stores’ warranties if they use the pet stores’ veterinarian. Many consumers will prefer to use their own veterinarians, many pets become ill after 30 days, and many congenital issues do not appear until later in the animal’s life. Further, consumers are often reluctant to use the veterinarian of the store that is responsible for selling them a sick pet in the first place.
Furry Babies has also begun side-stepping Illinois' "Puppy Lemon Law" by requiring purchasers to sign away their legal rights to the protections provided by the law, accepting the store's warranty in its place. The stores' contracts also prohibit consumers from filing individual or class-action lawsuits and requires them to arbitrate disputes instead.
Q. What if a breeder is licensed by the United States Department of Agriculture?
A. USDA licensing and standards do not ensure that pet stores are sourcing their animals from reputable breeding facilities. USDA standards are minimal; they do not require any level of humane care or treatment, nor do they ensure healthy animals. A small number of USDA inspectors (most recently reported at 120) are responsible for inspecting all USDA licensed facilities under the USDA’s Animal Care unit, not just commercial breeders (in 2010, the Animal Care Unit had 8,782 regulated facilities under its supervision). The USDA and the Illinois Department of Agriculture - with only six inspectors responsible for inspecting 1,973 pet dealers, kennel operators, pet stores, and other facilities in Illinois - do not have the capacity to adequately inspect the thousands of commercial breeders currently in operation nationwide.
Q. Do pet stores need to sell animals in order to be successful?
A. No. In fact, most pet stores in Joliet and the surrounding areas run highly successful businesses by only selling pet supplies and offering pet services, such as grooming. Of the estimated $60.28 billion that Americans spent on their pets in 2015, $23.05 billion was spent on food, $14.28 billion on supplies and over-the-counter medicine, and $5.41 billion on pet services such as grooming and boarding. Only an estimated $2.12 billion (a mere 3.5%) was spent on live animal purchases. Both large chains (such as Petco and PetSmart) and small, locally-owned businesses are running thriving pet stores without selling dogs or cats.
Q. If a pet store wishes to continue selling animals, how will it operate if an ordinance prohibiting the retail sale of dogs and cats is passed?
A. If an ordinance exempts out animals sourced from shelters and rescues, pet stores may continue selling animals under a “humane” model, where the store sells cats or dogs obtained from an animal control center, humane society, or rescue organization. Alsip Nursery in Frankfort successfully converted to a humane model in January 2014. Pet stores may also host adoption events where rescues and shelters bring in adoptable pets, as PetSmart and many other smaller, locally-owned stores do. Stores that convert to a humane model will likely see an expansion of their customer base as there are many consumers who will not shop at any pet store that sells animals other than those sourced from shelters or rescues.
Q. What if I want to buy a specific breed of cat or dog?
A. Any retail pet sale ordinance similar to those passed in Chicago and Los Angeles will not affect reputable breeders. Responsible breeders never sell to pet stores. These ordinances do not affect a consumer’s ability to obtain a cat or dog of his/her choice directly from a breeder, a breed-specific rescue, or a shelter. There are many comprehensive resources, including Pupquest.org, that educate consumers on how to find a healthy puppy from a responsible source. Visit our Pet Store Alternatives page for more information.
