Bill that could wipe out Louisville law against puppy mills advances in Kentucky legislature

About four months ago, Louisville Metro Council banned the retail sale of dogs and cats in Jefferson County — to the delight of animal activists and the dismay of some business owners.

The measure — championed on the council by Republican Stuart Benson and Democrat Andrew Owen — was aimed at combatting puppy and kitten mills.

City councils in Elizabethtown and Radcliff passed similar laws in the last several years.

Now, those ordinances may become moot.

A bill filed by state Sen. Jason Howell, R-Murray, would allow retail pet sales to sell cats and dogs as long as they come from a "qualified breeder."

Senate Bill 157 defines "qualified breeder" as "a large-scale breeding kennel that has no direct violations indicated by United States Department of Agriculture inspection reports in the last two (2) years or a hobby breeder."

The bill passed out of the Senate Agriculture Committee on Feb. 13 on a 9-2 vote and now heads to the Senate floor.

Petland was in the process of establishing a store in Louisville when Metro Council banned retail sales of dogs and cats, and Jason Underwood, a lobbyist for the pet store chain, said he went to Howell with the idea for the legislation. The company has brought similarly worded legislation to other states, he said.

"Petland supports any legislation that would allow them to continue to do business and provide healthy and safe pets to families across the commonwealth," Underwood said.

Howell said he filed the ordinance because local ordinances "went too far into limiting businesses that sold pets to people" even though they were "well-intentioned."

Concern from animal activists

If SB 157 does not pass, the retail sale of dogs and cats will be banned in Jefferson County starting in the fall of 2024. If the legislation passes, then some retail sales could continue if the stores meet the bill's provisions.

Howell said he hopes the bill would establish a "middle ground," but its language has raised red flags for animal activists who believe USDA standards are too lax.

"The standards of care that the USDA has under the Animal Welfare Act, are — I think what most folks would say — completely inadequate," said Todd Blevins, the Kentucky director for the Humane Society of the United States, who lobbied to get Louisville's ordinance passed. "For instance, you can allow a dog to stay in a wire crate only six inches longer than her body for her entire life."

But Howell said he trusts the USDA's standards.

"I'm fairly comfortable with the same USDA that creates standards for the food that humans consume to be qualified to establish what is sufficient for raising dogs and cats," he said.

Enforcement of those standards has also raised concerns with activists. A 2021 internal audit conducted by the Inspector General found a lack of supervision from the USDA.

"As a result, some dog breeder facilities may be conducting regulated activity without a USDA license or oversight," the report reads. "Therefore, (The Animal and Plant Health Inspection Service) is not able to ensure the overall health and humane treatment of animals at these facilities."

Hobby breeders, the other kind of "qualified breeder" defined in the bill, are defined as having three or fewer breeding females. Elizabethtown Council member Julia Springsteen, who sponsored her city's ordinance and has been involved with the Hardin County Animal Shelter, is worried about this language.

"A hobby breeder is just another word for backyard breeder and unfortunately, backyard breeders don't always have the science and the technology to make sure that animals are cared for and that they're properly bred," she said.

It is unclear who would be responsible for making sure pet stores only sold dogs and cats from the "qualified breeders" on a local level. Howell said it is up to local officials to decide how they would want to enforce these standards. He mentioned the possibility of an animal control officer going into stores to show proof of compliance.

Underwood, the lobbyist, noted the bill could be amended and believes all sides want to protect animals.

Impact on Louisville's pet sales ban

This bill would preempt the local ordinances on retail pet sales and would "prohibit local governments from passing ordinances that conflict with this Act."

Owen said he is frustrated with that aspect after helping to get Louisville's ordinance passed.

"More than anything, this is just a continuation of what is clearly one of the state legislature’s top priorities during this legislative session: to govern every aspect of the lives of ordinary Louisvillians from Frankfort," he said.

Those include bills that would preempt a Louisville ordinance that bans "source of income" discrimination by rental owners and make local elections nonpartisan.

Howell said he has discussed the bill with local officials and felt like they found common ground.

"I've talked to a number of local legislators that represent districts that have municipalities that have passed these ordinances and I've talked through those issues with them," he said.

But Springsteen and Radcliff Councilwoman Toshie Murrell are adamantly against the bill. Both women sponsored the ordinances in their respective cities to ban the retail sale of dogs and cats.

"It's consumer protection," Springsteen said. "Companies buy animals in bulk from puppy mills for pennies on the dollar and then sell them for thousands of dollars, and these poor animals are sick. They are not well-bred, and they end up costing consumers and Kentucky families thousands of dollars in vet bills."

Murrell has a nonprofit rescue and said there are too many animals to manage. She is worried allowing the retail sale of dogs and cats would cause more people to buy from stores and increase the number of animals in shelters.

"The last thing we need is breeders," she said.

Howell said he was inspired to file this bill after he and his wife bought a dog and he is worried about limiting businesses.

The bill has been assigned to the agriculture committee, which Howell co-chairs.

"I would encourage anyone to actually read the bill," he said. "Just focus on the language itself."

Reporter Hannah Pinski contributed to this report. Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or at @ellie_mccrary on X, formerly known as Twitter.

This article originally appeared on Louisville Courier Journal: Louisville law aimed at puppy mills could get KO'd by Kentucky bill