Opponents are saying a provision the Senate inserted into a previously popular bill helping address squatting would keep local governments from trying to curb puppy mills.
The language added to House Bill 96 shortly before lawmakers left Raleigh prevents local governments from either banning the sale of animals within their jurisdiction or from putting regulations on animal sales that are more restrictive than state law.
Sen. Danny Britt, R-Robeson, introduced the amendment that includes the pet mill preemption during a Senate Judiciary Committee meeting on June 19.
"Right now, pet shops are licensed by the state. There's some cities and towns and counties that are trying to, you know, legislate around what the state law says. This just that since they're licensed by the state, their law is controlled by the state," Britt said.
When House Bill 96 returned to the House on June 26 with the pet shop language the only change from the original version, that chamber initially voted not to agree to changes.
Hours later, the House came back to vote in favor of the new version despite concerns from some Democratic lawmakers about the implications of the pet shop rule and how it had been inserted into House Bill 96.
"This is a squatters bill. It's not a bill about puppy mills, and it shouldn't be a bill about puppy mills. We should have had a motion to not concur and remove that provision that was added in the Senate and didn't have a chance to be debated in this House and is a dangerous amendment," Rep. Pricey Harrison, D-Guilford, said on the floor.
Ultimately, the House voted to pass the bill with the changes. It is on Gov. Josh Stein's desk.
Pet shop ordinances elsewhere
The language Britt added comes several months after a downtown Raleigh pet shop closed weeks after opening, amid claims that it was sourcing the dogs it was selling from puppy mills. Within weeks, advocates were calling for Raleigh to institute a ban on the sales of cats or dogs.
Nikki Fontana, a North Myrtle Beach city councilwoman, visited a Raleigh City Council meeting earlier this year to describe the ordinance passed there in 2019. Fontana has also spoken to Wilmington’s city council.
Humane World for Animals, the group formerly known as the Humane Society of the United States, has advocated for the ordinances throughout the country. More than 500 local governments and eight states have passed measures regulating the sales of animals, the group said in an April post.
In most cases, those local ordinances state that pet shops can only sell animals obtained from animal care facilities or rescue organizations. Many, like Nashville, Tennessee, require a conspicuous sign on the animal’s cage describing which organization it came from.
Gail Thomssen, Humane World’s North Carolina director of government relations, said the agency wasn’t pushing for a change to state laws. The group's understanding is that the N.C. Department of Agriculture regulates pet shops.
"There was nothing that we're doing in the state to change that, anything that would allow local jurisdictions to be able to regulate," Thomssen said in an interview.
When puppies are sold in pet stores, she added, they are typically coming from puppy mills, either directly or via a broker.
"We define that as an inhumane commercial dog breeding operation where profits are prioritized over the dog's health and well being," Thomssen said.
In general, Thomssen said, Humane World recommends that those wanting to buy a particular breed of dog seek out reputable breeders who allow them to meet the dog's parents and see the conditions where it is living.
What does existing law say?
House Bill 96's pet shop provision could be intended to clarify what those laws may have previously implied, a local government expert told the N.C. Newsroom.
Rebecca Fisher-Gabbard, an assistant professor of public law and government at UNC's School of Government, told the N.C. Newsroom that North Carolina law only gives counties and municipalities authorities that are granted to it by the legislature.
Local governments don't, Fisher-Gabbard said, have the express authority to regulate pet shops and the General Assembly has already given a state entity the power to license them.
North Carolina's Department of Agriculture licenses pet shops, including a provision that requires they apply with the state's Animal Welfare Act and rules set by the state's Board of Agriculture.
Those rules include things like cleaning enclosures twice a day, keeping animals up-to-date on rabies vaccines and developing a plan for continuity of care in the event of a disaster.
"There's a good argument that the state is intending to occupy this space to the exclusion of local governments," Fisher-Gabbard said, pointing to the existing law.
While local governments don't license pet shops, cities and counties do have the power to enforce the state's animal welfare laws, to define animal abuse and to regulate dangerous animals.
So if a pet shop or someone breeding dogs is, say, failing to provide adequate food or water, county animal welfare officers would likely be involved in charging the person and seizing the animals.
