Arizona allows 'factory farms' for dogs, and cities are powerless to stop them

Opinion: A state law that forbids cities from regulating pet stores is an abject failure at protecting animals and consumers. It's time to repeal it.

Don Scott
opinion contributor
Some puppies purchased from commercial breeders were lethargic and sick, former employees told anti-puppy mill activists.

We told you so.

On May 19, 2016, then-Gov. Doug Ducey signed into law Senate Bill 1248, giving the state control over cities to regulate puppy-selling pet stores.

In doing so, Ducey was mighty generous to Companion Pets, Inc. (CPI), the operator of Arizona pet stores Animal Kingdom and Puppies ‘n Love. But he and the Legislature majority harmed Phoenix, Tempe and Tucson, which had anti-puppy mill ordinances in place.

This strong-arming shunned local voices and adoption-only models that would have given rescues and county shelters promising, desperately needed opportunities to adopt out homeless animals within communities.

That decision still hurts consumers and facilitates animal cruelty.

$120,000 is not much of a 'penalty'

In a December announcement from Attorney General Mark Brnovich’s office, the state and CPI President Frank Mineo entered into an Assurance of Discontinuance – in plain speak, “I promise to stop what I have been doing” – after the state investigated CPI over alleged violations of the Consumer Fraud Act.

CPI agreed to pay $120,000 in restitution to compensate affected consumers. The order also mandates actions designed to better protect customers where SB 1248 has failed – for example, in the origin of puppies, claims made about identity and designation of breeders, and the severing of ties with breeders cited by the USDA for “direct violations” under the Animal Welfare Act.

In 2020:Rescue groups try to undo 'puppy mill' law

Conservatively, it takes the sale of about 40 pet store puppies to offset a $120,000 “penalty." CPI reportedly sells 6,000 dogs annually, mainly from brokers and out-of-state breeders.

According to The Humane Society of the United States, “Suppliers of pet store puppies are largely puppy mills – commercial facilities that mass-produce puppies for sale without adequate attention to their physical, behavioral or psychological needs.”

Best Friends Animal Society states, “When you buy a puppy from a pet store or on the internet, you’re most likely supporting a puppy mill, which is a ‘factory farm’ for dogs.”

Let cities regulate pet dealers again

So, why does Arizona allow these operations?

Our lawmakers bowed to CPI, the National Federation of Independent Business and their lobbyists.

In his May 19, 2016, letter to Secretary of State Michele Reagan in which he touted his signing of SB 1248 and its banning of humane local ordinances, Gov. Ducey wrote, “I would never, ever support any business operation that would endanger dogs and subject future generations of puppies to health risks and defects. That is not a business model welcome in the state of Arizona.”

Well, Mr. Ducey, that is precisely the model of cruelty and fraud you gave us. But House Bill 2340, introduced by Rep. Amish Shah, can fix this error and help homeless animals.

It would repeal the state preemption of local ordinances regulating pet dealers.

We are now telling the Arizona Legislature yet again.

Pass HB 2340 into law.

Don Scott, a communications professional and certified change management practitioner, served as the state council chair in Arizona for The Humane Society of the United States from 2015 to 2021. Reach him at don.l.scott@sbcglobal.net.