HARRISBURG – Gov. Edward G. Rendell today said that Pennsylvania has made great strides in protecting the health and safety of dogs in kennels, but changes to existing law and regulation can further improve the conditions under which dogs are bred and sold in the state.
On Oct. 17, 2006, the Governor announced sweeping changes to the state’s dog law and regulations. Since then, several key components of the governor’s plan have been successfully implemented.
“We set out to protect consumers and the defenseless animals that are at the heart of this issue,” Rendell said. “While our work is certainly not done, we’ve set some milestones in Pennsylvania and the nation for the sake of dogs.”
Fulfilling one of the governor’s initial goals, former Beaver County assistant district attorney Jeffrey Paladina was appointed special prosecutor for dog law enforcement. In August, the Office of the attorney general granted Paladina the power to represent dog wardens in district court.
“Previously, even the most severe violations of the dog law were handled in court by dog wardens,” said the governor. “Now we can look forward to more stringent punishment for people who would willfully violate the law and put animals in, potentially, harmful situations.”
In one recent case involving kennel violations and cruelty charges, Paladina worked with the local district attorney to make probation part of the defendant’s sentence so dog wardens can monitor for future violations.
In May, Pennsylvania garnered national attention as the first state to post timely, complete inspection records for the state’s 2,600 licensed dog kennels online. A new inspection and data management tool, PA Dogs, allows more accurate record-keeping and better data analysis than outdated paper and electronic records.
“We’re bringing today’s technology to dog kennel inspections and recordkeeping,” Agriculture Secretary Dennis Wolff said. “Thanks to this investment, we now have the ability to post kennel inspections and analyze the data we collect.”
In December, the Department of Agriculture published proposed changes to the existing dog law regulations, designed to enhance the department’s enforcement ability by closing loopholes and more clearly defining acceptable practices.
“There have been many instances where our wardens have attempted to prosecute cases in district court, only to be told that the dog law regulations aren’t clear enough to bring about convictions,” said Wolff. “And it seems that even in instances where the regulations were found to be clear, they simply weren’t strong enough.”
Jessie Smith, special deputy agriculture secretary for dog law enforcement, said the proposed regulations would help eliminate certain practices that the department has to this point had no choice but to allow.
Smith provided several examples of conditions allowed under the current regulations:
-Dogs must be provided with water for only six hours out of a 24-hour day, regardless of temperature, so a dog with no water is not a violation.
-The required cage size under the current regulation is small – a dog 24 inches in length can be permanently caged in a 6.25-square-foot cage.
-Dogs are not required to ever be let out of their cages, even when they are being cleaned. A dog could spend its entire life in a cage with no interaction or exercise.
-Temperature and ventilation are so loosely described that they are open to interpretations. What a dog warden considers too cold for a dog’s health and comfort may not hold up in court.
-There is no requirement that dogs ever have bedding, regardless of temperature or their condition.
More than 16,000 individuals responded during the public comment period — which was extended to allow more people the opportunity to participate. Smith said most of the comments were positive and encouraged the department to take a strong stand against cruel and neglectful practices.
“Still, there were concerns from various groups that the new regulations would affect them negatively,” said Smith. “We are reviewing every comment we received and many of the concerns of those groups will be resolved in the new draft.”
Changes in the new draft, when ready, will include revised record-keeping requirements and the inclusion of training or hunting as accepted forms of exercise.
Smith said many aspects of the proposed regulations have been exaggerated or skewed.
“Specifically, many kennel owners believe these regulations will force them to be licensed or inspected when they never have been before,” said Smith. “That is simply untrue. Only kennels with 26 or more dogs in a year will be affected by these regulations – the same criteria used in the existing regulations. If a kennel did not need a license before, it won’t need one now.”
Smith said temporary situations, such as dog shows and sporting dog field trials, will not be subject to the regulations, nor will hotels or campgrounds where people bring their dogs, regardless of the number of dogs there throughout the year. Groomers are not required to get a kennel license unless they keep dogs overnight, in which case they are already considered a boarding kennel.
Neither caging dogs nor separate cages will be required under the new regulations, so the traditions of communal housing for sporting dogs and home breeders who give their dogs run of their house can continue.
Two more comment periods, including a public hearing, will be open to the public, and another revision of the proposal will be written before the final draft is approved, allowing any interested party to contribute suggestions or concerns.
Smith added that the Department of Agriculture will work with legislators to review the definitions in the Dog Law, increase animal cruelty penalties and address how inspections are conducted for kennel rescue networks. The dog law was last updated in 1996.
The key components of Rendell’s legislative proposal would:
-Strengthen criminal penalties related to the dog law and cruelty statutes;
-Provide the Bureau with the authority to issue civil penalties for violations of the dog law subject to administrative hearing for both licensed and unlicensed kennels;
-Allow dog wardens to seize dogs in distress;
-Require owners to pay for the care of dogs during pending cruelty cases, or forfeit ownership of the dogs; and
-Require that the Secretary of Agriculture revoke a kennel license from any kennel owner who is convicted of cruelty and shall not issue a kennel license to any person that has been convicted of cruelty in the past 10 years.
For more information on Pennsylvania’s dog law, and to access online kennel inspection records, visit here.