New "Puppy Mill Bill" To Crack Down on Breeders

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Story Published: May 21, 2009 at 7:09 PM PDT

By Chelsea Kopta

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BENTON COUNTY -- Right now, kennel owner Ella Stewart can breed as many dogs as she wants. Anyone in the county can because there's currently no rules against it.

But a new law, Senate Bill 5651, is changing that. The newly-signed bill states no one can have more than 50 dogs.

And it couldn't go into effect any faster. County leaders met again Thursday to figure out what to do with hundreds of dogs found at Stewart's 27th Street home in Benton County, where they're said to be in "deplorable conditions." Last week, deputies arrested Stewart for animal cruelty.

"I think it will have a big impact," Senator Jerome Delvin said, (R) 8th Legislative District. "I think this local case will show the county didn't have the rules or the regulations or the laws to address that type of situation."

It certainly doesn't. Despite the condition, the dogs are still there. The county doesn't have the resources to remove them. Right now, there are only two animal ordinances on the Benton County books. Both relate to dangerous dogs, not the number of animals. Senator Delvin said that lack of laws has caused trouble in Stewart's situation.

"We are weighing all of our options, we are actively looking for resources. There's also the legalities involved in a seizure," Benton County Sheriff Corporal Doug Stanley said.

"In this local case I know they were struggling and asking 'did they have the authority to do what they needed to do?" Delvin said.

Delvin co-sponsored the bill and said it's not meant to go after caring, legitimate breeders. It's nicknamed the "puppy mill bill" for a reason. Stewart insists she's a legitimate breeder but she won't be grand-fathered in under the new bill. She will have to cut back.

"I would like to maintain 150 for a while, just to check on some of the lines," Stewart said in an interview on Tuesday.

But that will still be too many under the new law and Deputies could then take more decisive action.

The county met on that issue Thursday, but it's not likely the dogs will be taken from the property unless a vet recommends it. A vet checked out the scene yesterday and will report back early next week. That report should also help decide how to prosecute Stewart.

Some rescue groups have come forward to help including the Humane Society of the United States but none have the resources to take all 300 dogs.

For now, Stewart's got a little bit of time on her side. This law doesn't go into effect until January 1, 2010.

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