Bans
Throughout the world, jurisdictions [US: , Canada: , AUS: , UK: ] have passed a ban on the sales of puppies, kittens and sometimes rabbits, ferrets, pigs and other animals in retail stores unless procured from accredited shelters or rescues, also known as "adopt-only" ordinances, including the entire states of California and Maryland in the US; Victoria, Australia; and England, UK.
A Note About New Jersey Bans
‡ PMF.US counts all New Jersey counties which include bans in their resolutions of support, though they lack authority over businesses locally. Without the , the ban count is .
assignment Resolution 2015-550, Mercer County, New Jersey
§Restrictions on the Sale of Animals
¶ 1A. A pet shop may only offer for sale those dogs and cats that the pet shop has obtained from or displays in cooperation with:
a). An animal care facility; or
b). An animal rescue organization
“[The ordinance] discourages and, in fact, prevents the sale of animals brought to our community under the most horrific circumstances that no community should ever condone.”
—Jeff Nash, Camden Cnty, New Jersey, Board Member, 9/2015
A Note About Miami and Largo, Florida
Miami passed an ordinance on 7/27/17 that limits the sourcing of dogs and cats in retail stores, but allows for local backyard breeders to provide "products" to retail stores. This regulation is similar to one of the earliest strong restrictions tallied, in Sunrise County, Florida.
Since we know that breed-club breeders [e.g., Labrador Breeders of America] are under licensing restrictions to not sell to pet stores, which most of them wouldn’t do anyway, backyard breeders will be allowed to provide stores with pets: a puppy and kitten glut could ensue, stores might increase and a local pet mill problem could proliferate.
As of 9/2019, a search for puppy stores in Miami returns 3 brick-and-mortar results which, sadly, bears this out.
Largo passed an ordinance on 9/7/21, grandfathering in a Petland and at least one sole proprietor puppy store. The stores could potentially continue to sell dogs and cats in perpetuum as they can be inherited by family members or sold if new owners use the same name and location.
While there is a ban on new puppy store licenses being issued and current stores must follow strong restrictions on the sales of dogs from USDA licensed breeders with no violation in the previous 2 years, there is no provision on how to enact or fund the restriction and many a puppy will slip through this wide-open crack. Ergo, this is not a complete ban on the sale of dogs and cats in retail stores.
We, therefore, have relegated these close-but-no-cigar ordinances to a strong restriction rather than a full ban.
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US States Without A Local Ban
[]
Indicated on our World Map ↑ as white or yellow (restrictions only) states.
† = strong
statewide restriction
Strong Restrictions
Strong restrictions include ordinances that require pet stores to post breeder information on the cages of pets for sale and do not allow pets from mills that have had a USDA inspection violation in the past 2-5 years, variously. These are next to impossible to enforce, allow for business as usual and are dependent on consumers and watch dog organizations to report violations.
On the upside, when strong restrictions are proven to be repeatedly violated, it leaves a governing council or legislature no choice but to implement a total ban as is the case with the state of Maryland which passed restrictions in May 2016 and a full ban in April 2018.
If the jurisdictions with strong restrictions [US: , Canada: ] that are causing puppy stores to close or change to humane are included, the number of international jurisdictions with pet sales bans or strong restrictions is .
Bans With Stores
Jurisdictions cite the reasons for the ordinance as humanitarian/compassionate in nature since animals in puppy and kitten stores are virtually all sourced from large scale breeding operations, a.k.a. "puppy mills." Also frequently cited are issues of fraud as animals sold as pure-bred are sometimes not and animals born from sickly animals in pet mills can cost consumers in veterinarian and training bills. As costs rise, animals are all too frequently turned over to local, tax payer-funded shelters or sold online.
By our count, at least bans have passed injurisdictions that had at least one operating store in them, the majority of which were/are effective immediately.
Noted on our my_locationGoogle Interactive Map with a red puppy head icon for cities and red location marker for counties.
Grandfathering
Grandfathering a store, or stores, occurs when a ban is passed that only affects new licensing. Current store(s) may continue, often with strict provisions, such as the store cannot be sold even to a relative. Some allow for inheritance, but most prohibit transference. Of course with convoluted business licensing applications, follow-up can be difficult making grandfathering a loophole that is best closed by not opening it in the first place.
Some jurisdictions give a grace period to stores, called amortization, before they have to comply, lasting anywhere from 20 to 30 days to 18 months. Downers Grove, IL, graces a store until its lease is up. Some require immediate compliance. State bans do not grandfather, though the ban is often effective a year or more after passage.
Many grandfathered stores have closed. In that case, we do not indicate a store had been grandfathered, such as Hoboken, NJ. In Seminole County, FL., a grandfathering clause was writtten, but no stores existed. Likewise, in Indian River County, FL grandfathering was written in, but strict enough to have the single puppy store close during ban deliberation when the writing was on the wall.
Noted on our my_locationGoogle Interactive Map with a dark blue puppy head.
Rabbits, Ferrets, PBPs
Any animal found for sale in retail pet stores that aren't specifically from an adoption agency or rescue group are most-likely sourced from the same kind of reprehensible conditions as puppy and kitten mills, where profits are of greater concern than the animals' well-being.
jurisdictions name rabbits in their bans of retail sales including the state of California.
name ferrets
name pot-belled pigs
Other Animal Sales Bans
Other Animals
Number of times ordinances name these animals in retail sales bans:
- long-lived birds
- large reptiles
- certain chicks
- certain turtles
- guinea pigs
- hares
- pikas
- arachnids
jurisdictions include a sales ban on all animals: 360
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Flagler Beach, Florida, 12/2002
§ 5-17. - Prohibited acts.
(f) Breeding or sale of animals. It shall be unlawful for any person to breed or sell animals, or dispose of such animals for any commercial gain or other commercial purpose within the city. Municipal code.
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Surfside, Florida, 2/2014
§ 90-41. - Regulated uses.
(d)(26) Provided that no animals including without limitation dogs, cats, ferrets, rabbits, turtles, gerbils, hamsters, cows, horses, sheep, and other domestic animals or livestock shall be sold on the premises. Municipal code.
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Cambridge, Massachusetts, 8/2017
§ 6.20.020 - Prohibition on Retail Sales.
A. A pet shop may offer for sale only those arachnids, birds, mammals, amphibians, or reptiles that the pet shop has obtained from or displays in cooperation with:
1.An animal care facility, as defined in section 6.20.010 of this chapter; or
2.An animal rescue organization, as defined in section 6.20.010 of this chapter; or
3.An animal sold or displayed for agricultural uses; or
4.Dead animals sold or displayed as breeder animals. Municipal code.
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Midwest City, Oklahoma, 7/2021 § 6 - A new ordinance in the Midwest City Municipal Code
Chapter 8 Animals and Fowl, Article XI, Commercial Animal Establishments, Section 8-204, Restrictions on Pet Shops, Groom Shops and Auctions; is hereby enacted to read as follows:
No pet shop, grooming shop or auctions shall sell or offer to sell any animal from a Commercial Animal Establishment, except for the sale or offer to sell animals from an Animal Care Facility or an Animal Rescue Organization.
Ordinance
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Washington, D.C. 1/2023 § B24-0560 - Animal Care and Control Omnibus Amendment Act of 2021
To amend Chapter 3 of Title 25-J of the District of Columbia Municipal Regulations to prohibit a pet store operator from selling mammals, amphibians, arachnids, birds, or reptiles in a pet store
Legislation
Lisle, Illinois, 10/2018
3-22-2: PROHIBITION OF THE RETAIL SALE OF ANIMALS:
A retailer may not offer for sale any animal. (Ord. 2018-4790, 10-15-2018)
Prohibition of all animals sales ban rescinded to included dogs and cats only, 7/2019. Municipal code.
Activists and elected officials argue that most animals found in stores are produced by the same pet mill animal suffering paradigm as puppy, kitten and rabbit mills.
Lawsuits
Ban Prohibitions and Reversals
Prohibitions of Bans
State laws prohibit local bans.
We include 2 Arizona and 1 Ohio jurisdictions because our count is of bans that have passed, including those made unenforceable by legislative (state) act.
Phoenix
ban passed 12/2013
Tempe
ban passed 2/2016
… Before the state legislature prohibited puppy store bans.
Likewise
Ohio:
Toledo
ban passed 12/2013
Grove City
ban passed 3/2016 [City Council reversed ban].
Details and jurisdiction information: Arizona ↑ Ohio ↑
Arizona
In May 2016, the Arizona legislature enacted a law prohibiting local communities from ending animal suffering by passing retail store restriction and ban ordinances, nullifying the 2 local bans that had been passed in Phoenix (12/13) and Tempe (02/16).
The ordinances passed in the two cities are still written into local municipal code, they just can't be enforced because of state law. If the state law is ever changed or removed, the bans would become immediately enforceable.
Tucson, Arizona, was on the eve of passing a ban when the state law came into effect. The city Council held passage of the ban until state law is lifted. Immediate passage of a ban in Tucson is expected if and when the state prohibition of bans is ended. See blog post Landslide of Statewide Bans if OR, MA, PA, ME, & NY Pass Pending Bills
Ohio
In December 2016, Ohio followed suit, nullifying two local bans in Toledo (12/13) and Grove City (03/16).
After the state prohibitions on bans, Grove City reversed its ban through an ordinance. Should state law be lifted, there would be no ban in place in Grover City. Toledo's is still in effect, though not enforceable.
Both state laws created statewide strong restrictions on all stores, though those measures are ineffective.
See the Strong Restrictions summary ↑ for details.
We count all bans that were passed by community activists and regulatory bodies, therefore the state prohibitions have not altered our count of bans. Our count of bans passed includes the 3 bans passed in Arizona and Ohio
Failed Statewide Prohibitions delete_forever
times states have attempted to pass prohibitions on local bans, all failing:
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Tennessee, 2017
Bill takes aim at local retail pet sales policies, Nashville Post, 3/2019.
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Illinois, 2017
Cities Are Fighting Back Against Puppy Mills – But Some States Won’t Let Them, ALDF, 4/2018
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Michigan, 2018
Legislature passed two such bills in their house and senate but Gov. Rick Snyder vetoed on 28 December 2018.
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Florida, 2018
A Florida House bill could make it legal to sell puppy mill dogs statewide, even if local ordinances ban it, Tampa Bay Times, 2/2018. Defeated, ASPCA, 3/2018.
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Georgia, 2018
Cities Are Fighting Back Against Puppy Mills – But Some States Won’t Let Them, ALDF, 4/2018
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Tennessee, 2019
Bill takes aim at local retail pet sales policies, Nashville Post, 3/2019.
Reversals
1). We have removed from our count the Las Vegas, Nevada, ban passed in January 2016. The city council REVERSED their ban in November 2017.
2). Likewise, as noted just above, we do not count the Grove City, Ohio, ban as the City REVERSED their ban by ordinance in January 2017, citing state law's nullification of their ban.
So far, only jurisdictions have made this mistake, noted on our my_location Google Interactive Map ↑ with a black puppy head icon
Resolutions of Support
cities, counties and state departments have issued statements and resolutions of support toencourage other jurisdictionsto pass bans. Details ↑ ….