FactSheet
FactSheet
FactSheet
SUPPORT S.142, An Act Relating to Pet Merchants
ANIMAL WELFARE
Problem: There are loopholes in both local and state law for individuals who breed and sell animals “for their own use”, which
allows even large-scale breeders to easily evade inspection and oversight.
Solution: S. 142 provides clear definitions for breeders so that enforcement officials can inspect and
license facilities where dogs are bred repeatedly, and ensure that proper animal care practices are being
employed.
“The Agency of Agriculture strongly supports eliminating the “personal use” loophole from the
pet merchant license language.” —Dr. Kristin Haas, Vermont State Veterinarian
Underhill Animal Control Officer Jennifer Silpe removes one of 59 Labradors seized by The Vermont State Police
from a breeder in Bakersfield in July, 2011. The dogs were all suffering from dehydration, malnutrition, and a
variety of untreated medical illnesses. The breeder refused to obtain a state pet merchant license or a local kennel
permit, despite the fact that she was regularly advertising puppies for sale on the Internet and in classified
advertisements.
CONSUMER PROTECTION
Problem: The only remedy consumers have when they purchase a sick puppy is to return the animal for a refund or exchange, or
receive reimbursement for veterinary services not to exceed the purchase price of the animal. Returning a puppy is usually not an
option once a family has become attached, especially when there are concerns about their living conditions and treatment. And
veterinary costs can quickly exceed the purchase price backyard breeders are asking for their puppies. Most breeding operations in
Vermont are home-based, so regulation can be difficult if not impossible without a permitting process.
Solution: The bill requires that individuals who regularly breed and sell dogs hold a local kennel permit,
which allows for facility inspection during reasonable times. Someone who is breeding animals responsibly
has nothing to hide. By monitoring facilities where problems have been reported, and working with breeders
to correct any problems with animal husbandry practices, we can hopefully prevent large-scale seizures that
lead to the rescue of dogs and huge financial costs to humane societies, police and municipal governments.
“The breeder handed me the puppy—and I looked in her eyes and knew something was not
right. Instead of ending up with a picture perfect puppy this has turned into a rescue mission.”
—Mary Carney, Adamant, VT, October 2008 complaint against Bakersfield breeder
Despite repeated consumer complaints over the course of several years to the Franklin County Humane Society about
unsanitary conditions and sick puppies at the Bakersfield property, they were never acted upon because the breeder was not licensed and would
not allow cruelty investigators to inspect her premises. Thankfully an eyewitness account from a family friend eventually led to the search
warrant that resulted in their rescue.
LOST REVENUE
Problem: The sales tax that should be collected with every pet sale could be a significant source of revenue to the state. According
to the Vermont Department of Taxes the most persistent claim from pet merchants who were not collecting this tax was that their
sales constituted casual sales under the tax code. In a survey of puppy sales in Vermont conducted in 2011, the total revenue by
local breeders was conservatively estimated between $2.6 and $4.7 million dollars annually. The estimated revenue loss to the state
in sales tax alone is between $154,000 and $284,000 annually. There were 165 puppy sellers identified in this 2-month survey, yet
there are only 43 registered pet merchants in Vermont (and fewer than 30 who sell puppies).
Solution: Backyard breeders have little incentive to become licensed, however they must be able to advertise in order to sell their
puppies. By requiring that all advertisements contain the breeder’s permit number, and that copies of the permit be shared with the
Department of Taxes, this bill will create an incentive for breeders to apply for permits as well as a tracking mechanism for the
collection of sales tax.
FactSheet
FactSheet
FactSheet
Who Supports This Legislation?
This legislation is supported by the Vermont Humane Federation and the Vermont Veterinary Medical Association.
Vermont Humane Federation Membership
 Addison County Humane Society (Middlebury, VT)
 American Society for the Prevention of Cruelty to Animals (Colchester, VT)
 Caledonia Animal Rescue (St. Johnsbury, VT)
 Central Vermont Humane Society (E. Montpelier, VT)
 End Trap (Shelburne, VT)
 Franklin County Humane Society (St. Albans, VT)
 Good Karma Rescue (Montpelier, VT)
 Green Mountain Animal Defenders (Burlington, VT)
 HespeGarden Ranch & Rescue (Washington, VT)
 Humane Society of Chittenden County (S. Burlington, VT)
 Humane Society of the United States (Jacksonville, VT)
 Into the Wild (Burlington, VT)
 Kingdom Animal Shelter (St. Johnsbury, VT)
 Lucy Mackenzie Humane Society (Brownsville, VT)
 North Country Animal League (Morrisville, VT)
 PETS of the Kingdom (Derby, VT)
 Riverside Rescue (Lunenburg, VT)
 Rutland County Humane Society (Pittsford, VT)
 Second Chance Animal Center (Shaftsbury, VT)
 Spay ASAP (Hartland, VT)
 Springfield Humane Society (Springfield, VT)
 Spring Hill Horse Rescue (N. Clarendon, VT)
 Vermont Companion Animal Neutering (Middlesex, VT)
 Vermont Horse Council (Underhill, VT)
 Windham County Humane Society (Brattleboro, VT)