By: Ashlyn Browning*
Abstract
The puppy mill industry supplies puppies for the public to purchase. Puppy mills maximize profits by frequently breeding dogs kept in poor living conditions. These dogs lack proper nutrition, shelter, and care. Puppy mill owners then sell puppies bred in these facilities to the public directly or through pet stores. Puppy mills are problematic because these operations sacrifice the health of dogs for profit. Current puppy mill regulations focus on threatening perpetrators with the “stick,” but this Comment argues that a “carrot” approach may be better.
Currently, the Animal Welfare Act (“AWA”), a federal statute, regulates puppy mills. The AWA aims to ensure the humane treatment of pets and animals used in research and commerce. AWA provisions apply to puppy mill owners and set licensing and animal care standards. The AWA also contains enforcement mechanisms through provisions regarding facility inspections, license suspension or revocation, civil penalties, and criminal punishments. Thus, the AWA takes a punitive approach to puppy mills. However, the AWA ineffectively solves the puppy mill problem because of both statutory loopholes and inadequate enforcement. Inspectors fail to report or properly record AWA violations, and puppy mill owners who violate the AWA often evade punishments.
This Comment argues that the current AWA framework fails to protect puppy mill dogs. Specifically, federal, state, and local governments should incentivize puppy mill owners to improve their facilities’ conditions. Governments should also provide incentives to opponents of puppy mill improvement, such as the American Kennel Club. Finally, governments should incentivize animal shelters and the public to adopt dogs to reduce the demand for puppy mill puppies.
* J.D. Candidate, The Pennsylvania State University School of Law, 2025. I would like to thank the team at Penn State Law Review for their help and hard work with this paper. I am also grateful for the support of my fiancé, family, and friends throughout my law school journey. I dedicate this paper to my shelter dog Rosie, a former puppy mill dog herself.