In regard to the notice that the Board of Agriculture and Consumer Services intends to consider promulgating 2VAC5-105, Regulations for the Inspection of Pet Shops Selling Dogs or Cats, and the request for public comments on “standards of adequate care, exercise, feed, shelter, space, treatment, water, proper cleaning, and lighting” as well as inspections and remedies, the Humane Society of the United States puts forth the following suggestions.

The below suggestions assume the new regulations will be in addition to the existing requirements for pet shops under Virginia Code § 3.2-6511 that require pet shops to provide adequate care, housing, feed, water and exercise.  

General Care Standards

Due to the prevalence of sick puppies in pet shops and the risk of zoonotic diseases that can sicken pet store staff and customers, we suggest the Board requires veterinary exams and testing of each puppy before sale, including a stool test to rule out common parasites or viruses. Further, due to the reckless overuse of antibiotics by pet shops and their breeders and brokers, as reported by the Centers Disease Control and Prevention, and the use of medications without veterinary oversight, as uncovered in numerous investigations, we suggest requiring medications only be given under the supervision of a licensed veterinarian. We further suggest a requirement that no puppy be sold until that puppy has been declared in good health, including but not limited to being free of parasites, disease, sickness, and injury, by a licensed veterinarian. Puppies should also receive all age-appropriate vaccinations by a licensed veterinarian prior to sale.

Feed and water standards

In addition to existing regulations that require access to nutritious, clean food to maintain good health, we suggest the Board requires pet shops to feed dogs at least three times per day. If puppies are not gaining weight and growing as they should be, according to a licensed veterinarian, they should be fed small meals more often. This recommendation is based on the unique needs of young puppies and in line with veterinary recommendations.

In addition to the existing regulations that require access to clean, fresh water we suggest the Board requires pet shops to provide continuous access to water. Since pet stores are mainly filled with weeks old puppies, it is crucial for these dogs to have water at any point they desire it. Several states require continuous access to water for all dogs, as do Purdue University standards.

Shelter standards

In addition to the existing regulations on shelter, we suggest the Board requires pet shops to provide a solid resting area large enough for each dog in the enclosure to lie on its side on at the same time. Iowa recently adopted this regulation and is seems to have improved the welfare of pet shop puppies, as many choose to sleep on the solid area rather the slatted area.

We also suggest that puppies be housed with others of appropriate age and compatible temperaments. Purdue University standards require this, and researchers noted that dogs are social animals that should be provided the company of their own whenever possible. This is especially important for puppies to support their behavioral development.  

Further, we suggest that the Board require enclosures be cleaned regularly, at least twice daily, to remove excreta and other accumulation, such as food waste, and be sanitized at least once per day. Iowa and Pennsylvania have similar requirements to ensure enclosures are kept clean. This is crucial for dog hygiene and to prevent the spread of disease. See Iowa Admin. Rules Code 21—67.4(2) and Pennsylvania Statues Title 3, Chapter 8 § 459-207(h)(14).

Space standards

In addition to the existing regulations requiring dogs to be given space to stand, sit, lie, and turn around comfortable, we suggest pet shops be required to give puppies enough room to do these things while fully extending their limbs without touching another puppy or the side of the enclosure. Other states, including Iowa and New York, require this. Because puppies are generally energetic, they should be given space to comfortably play with others in their enclosure. See Iowa Admin. Rules Code 21—67.3(2)(d) and New York Laws, AGM, Article 26 A, § 401(b). 

Exercise standards

We suggest the Board build on the current, vague exercise requirement that merely requires the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal with more specificity and relevance to pet shops. Since pet shops mainly have puppies, we suggest following Purdue University standards which require puppies to be provided with environmental enrichment, including toys or chews and daily exercise and positive social interactions with other dogs and people.

Further, we suggest requiring puppies to be removed from their primary enclosures at least twice per day for exercise. Iowa requires this of pet shops. See Iowa Admin. Rules Code 21—67.3(2)(l).

Adding these enrichment and exercise requirements to the new pet shop regulations would greatly increase the quality of life of energetic puppies who spend most of their time in cages and often suffer from boredom.

Inspections/penalties

Under Virginia Code § 3.2-6511 a pet shop that fails to provide adequate care to animals in its possession is guilty of a Class 3 misdemeanor. We encourage the Board to require that each violation receive the highest possible penalty and that each dog or cat denied adequate care be considered a separate penalty. Otherwise, pet shops will consider any fine a cost of doing business. (Virginia pet shops currently sell puppies for thousands of dollars, yet a Class 3 misdemeanor results in a fine of not more than $500). We also encourage the Board to conduct inspections more than once per year, inspect upon any reliable complaint, and conduct follow up inspections shortly after any noncompliance is found. When a pet shop repeatedly fails to meet standards, we suggest the Board utilize its authority under § 3.2-6511 to seize animals and/or revoke the store’s permit.  

Introduction:

Within the Virginia Pet Advocate Alliance, it is our hope as responsible pet store owners that we can create a system that can prevent animal negligence and protect our personal livelihoods. We want to ensure that pet stores are acting responsibly without creating unnecessary burdens for enforcement of new regulations. It is both our hope and expectation that we can work towards a common goal in order to satisfy everyone’s needs and concerns. We supported SB 891, the impetus for this regulatory action, from the beginning and are in support of holding our industry to appropriate standards.

Standards of Care:

We intend to propose an update to the Animal Facility Inspection Report that used to be performed by Virginia Department of Agriculture and Consumer Services, by including more strict regulations that have passed since 2010.  This would ensure adequate overall care and treatment of the animals while in our custody.

§ 3.2-6511. Failure of dealer or pet shop to provide adequate care. This includes provisions for suitable food, water, shelter, sanitation, exercise, and veterinary care.

• Adequate Feed - Each animal provided adequate feed as defined in §3.2-6500 (sufficient, nutritive, accessible, easily consumed, provided in a sanitary manner at suitable intervals, at least daily).
• Adequate Water -  Each animal provided adequate water as defined in §3.2-6500 (clean, fresh, potable, drinkable temperature, sufficient volume, at suitable intervals to maintain normal hydration). 
• Adequate Shelter -  Each animal provided adequate shelter as defined in §3.2-6500 (suitable, safe, protects from weather extremes, properly lighted, properly cleaned, enables animal to be clean and dry, provides a solid resting surface).
• Adequate Space -  Each animal provided adequate space as defined in §3.2-6500 (allows each animal to stand, sit, lie, turn about, make all normal body movements in a comfortable, normal position, and interact safely with other animals).
• Adequate Exercise -  Each animal provided adequate exercise as defined in §3.2-6500 (opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal).
• Adequate Care, Treatment, and Transportation -  Each animal provided adequate care as defined in §3.2-6500 (good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transport, veterinary care, and euthanasia when necessary).
• Veterinary Care Each animal provided veterinary care as defined in §3.2-6500 when needed to prevent suffering, impairment of health, disease progression, or disease transmission.

Using the code sections listed below, we recommend the following standards and requirements be checked during an inspection:

• § 3.2-6511.2. Dealers; importation and sale of dogs; penalty.
• § 3.2-6513.1. Pet shops; posting of information about dogs.
• § 3.2-6515. Written notice of consumer remedies required to be supplied by pet dealers.
• § 3.2-6510. Sale of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty.

New language added to § 3.2-6511.1 and § 3.2-6511.2 that will be in effect July 1, 2021 fromSB1412 from the 2021 Special Session, which prohibits certain individuals convicted of animal cruelty from working at a pet store. We at VPAA supported this bill and are pleased that it was passed to further protect our animals prior to going to their new home.

Microchips and Vaccines

Our puppies are microchipped to help locate the rightful owner if they are ever lost or stolen. The registration is completed once the puppy is sold. This helps identify the puppy for any treatments given and any registration information. This is much safer than a tattoo or collar that can be removed. Our puppies are vaccinated following the manufacturer’s recommendation. We receive puppies in different stages of their vaccination series. Due to this, daily vaccine checks and updates are required everyday to make sure no puppy is delayed on their vaccination series. We also have preventive measures in place for intestinal parasites. We strive to maintain the health and well-being of all of our animals.  

Penalties, Licensing, and Appeals:
We recommend creating a three-tiered system for penalties and infractions based on the severity of the infraction, such as:

These tiers are in line with the Animal Welfare Act (7 U.S.C. § 2131 et seq.) and other forms of inspections that identify certain infractions as “areas of concern.”

We suggest a pet store to have the opportunity to appeal any recommended disciplinary action.

Areas of concern and indirect / non-critical violations should require written confirmation of correctionIf the infractions are not observed to have been addressed at the next inspection, disciplinary action may  occur based on the facts.

Conclusion:

We fully intend to work towards a system of accountability directed at both preventing the mistreatment of animals and supporting the businesses of responsible pet store owners in Virginia. Responsibility and transparency in this process are of the upmost importance.It is our expectation that second and third order effects of enforcement and compliance will be considered and scrutinized throughout this process.

Our proposed new regulations are geared towards ensuring a standard of care that holds animal life in the highest regard, while continuing to provide a much needed service to the community. It has never been our desire to have a lawless system that would force  potential pet owners to find companion animals through entirely unregulated means. We hope to find a great deal of commonality in the overall goals of everyone concerned and work together to logically address potential issues.