Senate Bill Report — ESHB 1424, Consumer Protection for Sale and Adoption of Dogs and Cats (March 21, 2023)

Summary

Senate Bill Report on ESHB 1424, an act relating to consumer protection with respect to the sale and adoption of dogs and cats, as of March 21, 2023. The brief summary says the bill permits a retail pet store in business before July 25, 2021, to sell dogs or cats only if the store meets certain conditions, requires disclosure of breeder information, and establishes a civil penalty of $250 for violations. It limits all dog breeders to no more than 50 intact dogs over the age of 6 months at one time and prohibits consumer leases, retail installment transactions, and consumer loans for the purchase of a dog or cat. The report prints Appropriation: None, and records staff-summarized public testimony with PRO and OTHER positions.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer: Congressional materials
Document type: Report
Date: 2023-03-23
Case: 2023 03 23 A31088 D259503 Bill Report 1424 S E Sbr Bfgt Ta 23

Cite this document

“Senate Bill Report — ESHB 1424, Consumer Protection for Sale and Adoption of Dogs and Cats (March 21, 2023).” Original at app.leg.wa.gov, dated 2023-03-23. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-23-2023-03-23-a31088-d259503-bill-report-1424-s-e-sbr-bfgt-ta-23/, SHA-256 ad01f407e5486995be94087d14706bf0f6cbaeba9f94204467781330708ebe49.

Full text

SENATE BILL REPORT
ESHB 1424

As of March 21, 2023

Title: An act relating to consumer protection with respect to the sale and adoption of dogs and
cats.

Brief Description: Concerning consumer protection with respect to the sale and adoption of
dogs and cats.

Sponsors: House Committee on Consumer Protection & Business (originally sponsored by
Representatives Berg, Walen, Simmons, Kloba, Street, Taylor, Alvarado, Bateman, Stonier,
Paul, Fosse, Macri, Reed, Berry, Senn, Duerr, Riccelli, Doglio, Callan, Peterson,
Fitzgibbon, Stearns, Ortiz-Self, Goodman, Thai, Springer, Gregerson, Ramel, Bergquist and
Pollet).

Brief History: Passed House: 3/2/23, 92-5.
Committee Activity: Law & Justice: 3/09/23 [w/oRec-BFGT, DNP].
Business, Financial Services, Gaming & Trade: 3/21/23.

Brief Summary of Bill
• Permits a retail pet store in business before July 25, 2021, to sell dogs or
cats only if the retail pet store meets certain conditions.
• Requires retail pet stores to disclose certain information regarding the
breeder in advertisements, at retail pet store locations, and in writing to
the consumer before the sale of a dog or cat.
• Establishes a civil penalty of $250 for retail pet stores that violate the
requirements for selling dogs or cats, and prohibits a retail pet store with
three or more violations in one year from selling dogs or cats.
• Limits all dog breeders to having no more than 50 intact dogs over the
age of 6 months at one time.
• Prohibits the use of consumer leases, retail installment transactions, and
consumer loans for the purchase of a dog or cat.

This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.

Senate Bill Report -1- ESHB 1424
SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES, GAMING & TRADE

Staff: Kellee Gunn (786-7429)

Background: Legislative History on the Laws Pertaining to the Sale and Lease of Live
Cats and Dogs. In 2009, the Legislature enacted ESSB 5651 which established certain
requirements on dog breeders. These requirements included a limit of 50 intact dogs over
the age of 6 months at any one time, and minimum housing requirements. Certain types of
facilities are exempt from these requirements, including commercial dog breeders licensed
by the United States Department of Agriculture (USDA) pursuant to the Animal Welfare
Act before January 1, 2010.

In 2019, the Legislature enacted SHB 1476 which prohibited live dogs and cats from being
named as collateral in a consumer lease agreements or secured transaction.

In 2021, the Legislature enacted SHB 1424 which prohibited retail pet stores from selling
cats, and limited selling or offering to sell a dog to stores as of July 25, 2021.

Prior to the 2021 legislation, several local governments had passed ordinances prohibiting
retail pet stores from selling or offering to sell live cats and dogs.

Animal Welfare Act. At the federal level, several laws further govern the rights of animals.
Most relevant to buying and selling animals is the Animal Welfare Act, which was enacted
in 1966. The act protects animals kept in zoos, laboratories, and those commercially bred
and sold. The USDA enforces the Animal Welfare Act and regulates household pets.

Summary of Bill: Retail Pet Stores. A retail pet store that sold or offered to sell any dog
prior to July 25, 2021, may now sell a cat.

A retail pet store may only sell a dog or cat if they meet the following requirements:
• the sale, or offer of sale, must occur at the same address on the retail pet store's
license;
• any dog sold must be obtained directly from a breeder, or USDA licensed broker;
• documentation demonstrating that the dog meets certain requirements relating to
when the puppy was separated from its mother and the compliance of the dog breeder
with state law;
• inspection reports obtained from the USDA from the previous three years from the
dog's breeder, with a requirement to hold them for minimum of five years;
• the range of prices for dogs and cats for sale along with the ages and supporting
documentation providing license numbers for the breeders must be included in
advertisements;
• certain information about the breeder must be posted in a visible location; and
• certain information must be disclosed in writing to a prospective customer on the
purchase price of the animal and any violations the breeder has received within the

Senate Bill Report -2- ESHB 1424
previous two years.

A violation by a retail pet store is subject to a civil penalty of $250, paid to the county the
violation occurred. A retail pet store may appeal to the Office of Administrative Hearings.
Any retail pet store who has three or more violations over a one-year period is prohibited
from selling any dog or cat.

Animal control officers are given the power to issue civil penalties to retail pet stores.

A retail pet store may give space to animals available for adoption owned by an animal care
and control agency or animal rescue group if certain conditions are met.

Dog Breeders. A commercial dog breeder licensed by the USDA pursuant to the Animal
Welfare Act before January 1, 2010, is subject to the current requirements under state law
for all dog breeders, including having no more than 50 intact dogs over the age of six
months at one time.

Consumer Leases, Retail Installment Contracts, and Loans for Purchase of a Dog or Cat. A
lease contract, retail installment contract, and loan for a dog or cat entered on or after the
effective date of this act is void and unenforceable. The lessor, retail seller, or licensee has
no right to collect, receive, or retain any principal, interest, or charges related to that
contract, retail installment transaction, or loan.

Appropriation: None.

Fiscal Note: Requested on March 17, 2023.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This is about animal and consumer
protection. Puppy mills are shipping dogs into local pet stores. Pet stores are selling these
pets with exorbitant interest rates, saddling the consumers with loans even after the pet has
perished. Current pet stores must comply with our laws, closing a loophole. This also closes
a loop around usury laws around the loans for purchasing pets. Puppy mill puppies create
emotional and financial hardships for families. In 2021, the Legislature prohibited new pet
stores from selling dogs. Washington State has laws so commercial breeders should not be
able to operate in this state, but through a loophole puppy mill dogs are being sold at retail
pet stores.

There is a jurisdictional issue in the civil infraction part of the bill.

The striking amendment alleviates many concerns by stakeholders. The claim that this is

Senate Bill Report -3- ESHB 1424
going to shut down small businesses is not accurate. Any business that cares about animals
can make a living off of selling things to support animals, like food and treats. There are
many reputable breeders. They want to interview and have consumers tour their facilities.
There are animal rescues, and others, that exist to help people with PTSD or veterans find
their animals. On petfinder.com I was able to find dozens of animals available within a
drive of my house.

In 2020, Olympia passed an ordinance to prohibit retail pet stores from selling cats and
dogs. If you go into a store to buy a puppy, you have no idea where it is coming from.
Between 50-80% of their a puppy store's business comes from financed purchases. Puppy
stores offer extremely high interest rates to those who would not otherwise be able to pay.
Washington strongly regulates commercial dog breeders. USDA requirements do not
require a minimum number of employees per number of animals. When I purchased my dog
from Puppyland, I asked about the breeder, and they said they could not provide me any
information. This information is only provided to consumers after they have signed all the
paperwork. Puppyland says they only have purebreds, but then in small print says they
cannot guarantee that they are purebred.

OTHER: For the past four and half years we have been working hard to make sure the
puppies are healthy at Puppyland. Our breeders care about the dogs, and they are not puppy
mills. Puppyland has gone above and beyond the law to ensure breeders are educated.
Pierce County has enacted an ordinance on retail pet stores, which we are complying with.
Please revert the bill to where it was when it passed the House. If all of our puppies were
sick, we would be out of business. Providing the access to breeders, like the bill requires,
would put us out of business. We are one of only two retail pet stores that sell dogs that are
still in business. We support the intent of transparency.

To finance their purchase, a consumer doesn't need Pupplyland - people can go to
Moneytree, put the purchase on a credit card, or take out a loan elsewhere to buy these dogs.
I don't support the requirement of interviewing breeders. Not all breeders have access to the
internet, and some cannot participate because of religious reasons.

My husband and I were denied adoption of dogs as we needed a dog at approximately 10
weeks old. This bill is not properly stakeholdered. There are two stores left that are
complying with their local ordinances. These stores provide consumers a choice. Families in
vulnerable positions, people with PTSD, those who need emotional support animals, they
need this choice.

The bill only requires an affidavit. The affidavit should include an annual inspection by the
local animal control board. Only dog breeders that sell to pet stores would need to ask for
these inspections.

Persons Testifying: PRO: Representative April Berg, Prime Sponsor; Dr. Lisa Parshley,
Olympia City Council; Dan Paul, The Humane Society of the United States; Mindi

Senate Bill Report -4- ESHB 1424
Callison, Bailing Out Benji; Darci Duker; Brooke Davies, Pasado's Safe Haven; Claire
Wilkinson.

OTHER: Kathryn Neary; Paula Sardinas, FMS Global Strategies; Albert Sardinas, FMS
Global Strategies; Kayla Kerr, Puppyland; Justin Kerr, Puppyland.

Persons Signed In To Testify But Not Testifying: No one.

Senate Bill Report -5- ESHB 1424

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Original: app.leg.wa.gov