Banning the retail sale of certain animals in pet shops
MSPCA Position: Support
Sponsors: Senator Patrick O’Connor (SD 1154 and SD 1155); Representatives Natalie Higgins (HD 1530) and Kimberly Ferguson. Senator Lewis (SD 552).
Status: Filed
SD 1154: prevents pet stores from selling dogs, cats, or rabbits unless they partner with a shelter or rescue
SD 1155 and HD 1530: prevent new pet stores from selling dogs, cats, or rabbits unless they partner with a shelter or rescue; allows the existing stores to continue to do so
SD 552: prevents pet stores from selling dogs, cats, rabbits, or guinea pigs unless they partner with a shelter or rescue
Why is this legislation needed?
Pet shops typically acquire their animals from inhumane commercial breeding facilities, often called “puppy mills” or “animal mills.” Pet stores are a preferred sales outlet for these types of large-scale breeders because they allow the cruelty at the mills to remain hidden from consumers.
None of these bills prevent consumers from acquiring an animal from a responsible breeder or a shelter or rescue organization. Further, it does not prohibit a pet shop from partnering with a shelter or rescues to provide animals in their store.
California, Maine, Maryland, Illinois, New York, Oregon, Vermont, and Washington have similar state laws. There are also more than 490 municipalities nationwide—including 15 in Massachusetts: Arlington, Attleboro, Boston, Brookline, Cambridge, Holliston, Lenox, Lexington, Marshfield, North Adams, North Andover, Pittsfield, Plymouth, Springfield, and Stoneham—that have passed laws prohibiting the sale of commercially-raised dogs, cats, and rabbits (and often additional types of animals) in pet stores. New York measure took effect at the end of 2024 concern among neighboring states that those businesses may move across the border as their stores transition.
Where do pet shops get their animals?
While pet stores may claim that they obtain animals from small-scale, humane breeders, the reality is that pet stores cannot obtain dogs from responsible breeders because responsible breeders simply do not sell puppies to pet stores—responsible breeders want to meet their puppy buyers in person.
Although commercial dog breeding facilities are inspected by the USDA under Animal Welfare Act (AWA) regulations, the standards of care are very low. USDA standards allow commercial breeders to keep dogs in cramped, stacked, wire cages for their entire lives. The USDA does not require that dogs be regularly let outside of their cages for exercise, nor does it mandate socialization. Dogs can be kept in extreme temperatures for prolonged periods of time. Females are bred as early and often as possible and personnel without veterinary training often perform surgical births. Breeders are not required to vaccinate dogs from many highly infectious deadly diseases or to provide regular veterinary care. Puppies are taken from their mothers at very young ages, exposing them to a range of behavioral issues, and because puppy mill dogs are often overbred or inbred, they frequently suffer from health and genetic disorders. When puppy mill mother dogs are no longer able to reproduce, breeders often abandon or inhumanely euthanize them. Thus, even if a commercial breeder complies with all USDA requirements, a breeder can keep animals in extremely inhumane conditions. Learn more about puppy mills and the puppy mill/Massachusetts connection.
Other animals suffer similarly and contribute to an overpopulation problem. When our shelter has analyzed data on guinea pigs, for example, we found that 60% of guinea pigs surrendered to us have originally come from pet shops. We have seen a sharp increase in the number of guinea pigs surrendered to our Boston adoption center— a 37% increase from 2020-2023. Over 60% of the surrenders are guinea pigs who were purchased at pet shops. Welfare problems exist with small animal breeding facilities, as they do with puppy mills. For example, an investigation of a supplier of guinea pigs, rabbits, and other small animals found evidence of animals frozen alive, kept in filthy cages, and deprived of food, water, and care. In less than three months, more than 20,000 guinea pigs and other small animals were packed into boxes for grueling journeys to pet stores in various states.
How does this legislation impact consumers?
Animal organizations regularly receive complaints from Massachusetts consumers who have spent thousands of dollars in veterinary bills caring for their sick pet store animals. Massachusetts families deserve better than unknowingly supporting the mill industry and buying sick or behaviorally challenged animals.
An examination of federal documents and Massachusetts Department of Agricultural Resources records has demonstrated that Massachusetts pet stores have sourced puppies from some of the largest puppy mill brokers in the country. Brokers are dealers who pick up young puppies from mills, cage them on semi-trucks with numerous other puppies, many of whom are sick, and transport them across the country to be sold in pet stores. By buying from brokers instead of directly from breeders, pet shops make it very difficult, if not impossible, for consumers to find out where the animals come from. This lack of transparency, particularly when so many pet store animals are sick or behaviorally challenged, is a significant consumer protection issue.
Too many families are unable to afford the sudden and unexpected veterinary bills that often accompany animals sourced from mills and have to make the choice to relinquish their animal to a shelter or rescue organization. A study in the Journal of the American Veterinary Medical Association concluded that pet shop dogs are more likely to exhibit aggression, inappropriate elimination, biting, and other behavioral problems, all of which are common factors leading to the surrender of a dog.
Most Massachusetts families already adopt from shelters and rescues or buy from the network of responsible breeders, so restricting puppy sales in pet stores will still allow consumers to obtain the dog of their choice. There is no evidence that regulating pet stores drives more people to other puppy mill sales outlets, such as the internet.
What about pet shops who claim they do everything right?
Pet stores selling commercially raised puppies adhere to an outdated business model and are outliers in their own industry. Of the top twenty-five pet store chains in the nation, only one sells puppies. The others are thriving by selling products and offering quality services, such as grooming, training, and boarding. They also partner with shelters and rescues to hold adoption events at their stores, saving animals’ lives and driving more consumers into their stores to buy all the supplies a new canine family member needs.