Texas Humane Legislation Network (THLN) - Promoting the humane treatment of animals through legislation, education and advocacy

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Your help needed today.

Please Help Dogs & Cats in Texas Breeding Mills.

Thanks to your efforts and support, Texas succeeded in passing The Licensed Breeder Bill in 2011.  This new law requires basic standards of care and humane living conditions for dogs and cats in large-scale breeding facilities.  Operators of these facilities must obtain licenses and be inspected by Texas Department of Licensing and Regulation (TDLR).

We need your help today to ensure that TDLR passes strong rules to ensure the best regulations possible.  Your comments can make a HUGE difference for those dogs and cats living their entire lives in small wire cages and used day after day as breeding machines in Texas commercial breeding facilities.  

TAKE ACTION  

We urge you to respectfully submit your comments by February 17, 2012 on the issues below.  Also, please urge your family and friends to write, because EVERY COMMENT COUNTS.  

While personalized comments are preferable, if you only have time to send a form message, click here to send a letter to the Texas Department of Licensing and Regulations (TDLR).   

Or send a personalized message by one of the following methods:

• Send an email to: erule.comments@license.state.tx.us     

• Mail a letter to:   

Melissa Rinard, Legal Assistant  
General Counsel's Office
Texas Department of Licensing and Regulation
P.O. Box 12157  
Austin, TX 78711   

• Fax a letter to: (512) 475-3032

Be sure to include your name, email address, fax number or physical address as applicable with your comments.  Also, be sure to request a reply.   

BACKGROUND

Following the passage of H.B. 1451, The Licensed Breeder Bill, the Texas Department of Licensing and Regulation (TDLR) has released their Proposed Rules and Standards as required by the statute.   

Several of these standards are very weak and provide little if any comfort or protection to the animals in large breeding facilities.   

To view the complete TDLR Proposed Rules click here.    

Although there are many areas of concern, THLN has identified the following 4 priority issues that must be changed.   

TDLR's proposed rules dealing with flooring in licensed breeder facilities {Section 91.102 (e)(A)} require that at least 50% of the floor be solid flooring with the remainder being allowed to be wire or wire mesh. However, these proposed rules do not apply to existing breeder facilities. These existing breeder facilities are allowed to have 100% wire or wire mesh flooring. This "grandfathering" of current breeding facilities is terribly flawed and will result in thousands of animals living their entire lives on wire flooring with no relief. We must get this "grandfathering" provision out of the proposed rules and require all breeders, both current and future, to have at least 50% solid flooring where the animal can stand, sit, lie down and turnabout freely on a solid surfce, to seek relief from the wire flooring.  Talking points:

• 100% wire flooring in primary enclosures is inherently cruel confinement. By licensing (grandfathering) this practice, the TDLR is "gutting" the intent and purpose of the statute which is to improve the health and wellbeing of the animals who spend their entire lives in these cages. Also, by licensing (endorsing) the practice the TDLR is making the state animal cruelty statute (cruel confinement) more difficult or impossible to enforce. This is a giant step backward, not forward.

• Dogs forced to live on wire flooring for long periods of time suffer from foot and leg injuries, including chronic, painful sores, infections and cysts between the toes, toenails that curl into the paw pads from lack of pressure on the nail, and toenails being ripped out when they get caught on the wire.

• Wire flooring increases drafts in extremely cold weather, making it difficult for dogs to maintain their body heat.

• Wire flooring in most cases is less sanitary than solid flooring. Feces do not readily fall though wire mesh, so the dog(s) grind it though the wire with their feet which creates terribly unsanitary conditions. Both the dogs and the wire flooring become caked in feces and debris, making cleaning very difficult if not impossible.

• One can provide 50% solid flooring easily and at little expense by providing a resting board, rubber mat, or bedding. This does NOT require restructure of the enclosure for breeders.

TDLR's proposed rules dealing with cage sizes {Section 91.104 (3)(A) and (B)} require that primary enclosures be twice the size currently required by the USDA regulations for USDA licensed breeders. Again, however, the TDLR proposed rules exempt current breeder facilities from these requirements and allow them to continue using the smaller cage sizes required by the USDA regulations. The reason given is that it would be cost prohibitive to require current breeder facilities to double their cage sizes. Although this has some merit, there must be a specific timeframe for current breeder facilities to come into compliance with the larger size caging requirements.  We recommend that they be given three years to come into compliance - to wit: until September 1, 2015.  Also, we recommend that any new cages built at these facilities must come into compliance with the larger cage size requirements at the time they are installed. Talking point:

• The Licensed Breeder bill was passed to protect the well being of animals forced to live their entire lives in small cages. To "grandfather" existing breeders from increased cage sizes equates to 1) ignoring the will of the legislature and 2) allowing licensed breeders to continue the "status quo" of tiny barren wire living quarters.

3. CAGE STACKING
TDLR's proposed rules {Section 91.104(E)} allow the stacking of dog cages up to three tiers. We recommend that there be no stacking or if any stacking is allowed that it must not exceed one cage on top of another.  Talking points:

• Stacked cages encourage gross overcrowding of animals and are often so high or low - caretakers or inspectors can't easily see the dogs to check on their wellbeing.

• Stacked cages with wire flooring allow urine, feces and wastewater from higher cages to rain down on dogs below

• Stacking makes it more difficult for adequate lighting and air flow to reach all parts of the enclosures - allowing many dogs and cats to live in total darkness and neglect.

4. SURGICAL PROCEDURES  
TDLR's proposed rules {Section 91.112(b)} require that only a veterinarian be allowed to euthanize an animal or perform a surgical birth procedure on an animal. This section should cover additional procedures that only a veterinarian shall perform, such as tail docking, ear cropping, debarking, and claw removal. Currently, it is common for these procedures to be performed by breeders (non-veterinarians).  Talking points:

• These procedures are veterinary procedures because they are surgical in nature, and should include prescription drugs and/or anesthesia for pain - neither of which can legally be obtained and used by a lay person.

• A strong argument can be made for animal cruelty, should a breeder/lay person dock tails, cut ears, remove claws, or cut vocal cords without prescription pain drugs or antibiotics.  

Thank you for your help! 

Issue Links: Puppy Mills, Animal Cruelty