April 7, 2021
https://www.akc.org/legislative-alerts/chicago-urgent-alert-city-council-committee-consider-hobby-dog-breeder-restrictions-april-12-call-now/
A proposal to ban dog breeding without extensive permits and requirements and
to limit consumer protection has been resurrected in the Chicago City Council.
The proposal is set for consideration by the council’s Health and Human
Services Committee on April 12.
Those who reside, have registered a litter, or participate in breed rescue
activities in Chicago are strongly urged to reach out to the committee, express
your concerns, and ask them to oppose this proposal. Scroll down for more
information.
Summary:
Current Chicago code prohibits pet stores from sourcing from anywhere except a
publicly-run shelter, pound kennel or animal control facility, or a humane
society or rescue organization. Proposed Ordinance SO2020-2827 was originally
introduced in 2020 as an attempt to stop those groups and breeders that falsely
identify themselves as rescues from sourcing to pet stores in the city. AKC
agrees with the city that those who are engaging in dishonest and disreputable
business practices must be held accountable.
In addition to addressing this issue, however, the proposal would also make
numerous changes to city pet animal ordinances that could have harmful
unintended consequences, including:
• License mandate for hobby and home-based breeders – Currently, city
code exempts those with fewer than 5 intact female dogs from the definition of
“animal care facility”. This proposal would remove this exemption and further
define “engaged in the business of breeding” as anyone who owns a female dog
“that reproduces”. This would require all hobbyists and home-based breeders
that breed one dog to obtain an animal care facility license.
While some requirements of this license are perfectly reasonable, some are not
practical for those with one litter of puppies in their home. For example,
under current law, a licensee could be required to have a minimum of two staff
on site if they allow dogs to “commingle”. It is unclear how this would be
enforced.
• Mandatory surrender or sterilization of breeding female and litter
for unlicensed breeders – If a breeder does not obtain an animal care facility
permit, they will be penalized unless they surrender the mother and all puppies
to a shelter or rescue within 30 days of the birth of the litter, or provide
documentation from a veterinarian that the mother and all offspring have been
sterilized within three months of the birth of the litter – even though
numerous scientific studies show that juvenile spay/neuter could have
detrimental long-term consequences on a dog’s health.
• Implications for breed rescue – For the purposes of sourcing to pet
stores in the city, the proposal clarifies that a rescue does not include
anyone who is, obtains animals from, or facilitates a sale from a “commercial
producer” (defined as anyone who breeds dogs or cats for the purpose of selling
the offspring). Rescues may also not be an affiliated business or have any
employees in common with a “commercial producer”.
Again, AKC understands and agrees with the concern with “retail rescue” and
false rescues. However, as currently written, this proposal implies that
reputable breeders should not be involved in rescue work. This undermines the
dedicated volunteer efforts of breed experts and breeders who are part of AKC
clubs and who regularly help dogs in need get appropriate assessments, care,
and rehoming.
• Impact on consumer protection – The underlying code is a significant
attack on consumer protection, as it removes the ability for pet store
customers to buy a dog from a legal, regulated source. Additionally, it would
limit the ability of future pet owners to obtain the type or breed of dog they
wish. There are residents in Chicago who may not have access to a local breeder
of the breed they want. Instead, they may wish to purchase a dog from a
regulated, licensed pet store where they can still get the consumer
protections, the health history, and ongoing professional relationships they
desire. It is this unfortunate reality that has led some pet stores to choose
to engage in the practice of working with fraudulent rescues in order to secure
animals to sell.
The proposal also repeals the requirement that pet stores must still provide
certain information about the animals to their customers. It no longer requires
pet stores to provide health and other important information about a specific
animal. These existing provisions are essential because they help consumers
make a well-informed decision and determine if the pet is a good fit for their
family and lifestyle – which ultimately ensure a lower rate of dogs entering
shelters and rescues, and ensure the animals get the home and care they need
and deserve.
Read AKC’s article “Latest Pet Store Proposal Bad for Dogs, Chicago Pet Owners”
for more talking points and information.
What You Can Do:
The Chicago City Council Health and Human Services Committee is scheduled to
consider Proposal SO2020-2827 on Monday, April 12, 2021 at 10:00 am.
Chicago residents are encouraged to express your opposition to the committee by
doing the following:
Contact the committee prior to the hearing: Written comments may be submitted
to Committeeonhealthandhumanrelations@xxxxxxxxxxxxxxxxx
Written testimony will be accepted until 5:00 pm central time on Friday, April
9.
Sign up to testify via telephone at the hearing: To sign up to testify, call
(312) 744-6800 and leave a voice message with your name and telephone number,
and a message saying you wish to testify at the Health and Human Relations
Committee hearing on Monday, April 12. Requests to comment will be accepted
until 8:00 AM on Friday, April 9, 2021. Any individual wishing to participate
must be available at 10:00 AM on the day of the meeting and have access to a
touch-tone telephone.
AKC Government Relations and the Illinois Federation of Dog Clubs and Owners
are closely monitoring this proposal. For more information, contact AKC GR at
doglaw@xxxxxxx.
Stormy Hope
LLARTC
NAIATrust, Trustee
NAIATrust-CA on Facebook!
GSDCA Legislative Liaison to AKC
California Responsible Pet
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