Because a poorly written bill introduced recently in Montana to address companion animal hoarding does not specify who is covered, pet stores potentially could be included, according to the Pet Industry Joint Advisory Council (Washington).

Senate Bill 221 states that a person is guilty of companion animal hoarding if all of the following occur:

• Possession of 20 or more companion animals or household pets.
• Failure or inability to provide the necessary care for the animals.
• Confining animals in a severely overcrowded environment.
• Inability to recognize, understand or have a reckless disregard for the conditions in which the animals are living as well as the impact those conditions have on the health and well-being of the animals and the owner.

“Companion animal or household pet” is defined as a “domesticated cat, dog, bird, ferret, rabbit or other domesticated animal normally maintained in the residence or on the property of the owner or person who cares for the domesticated animal.”

That definition could include pet stores, said PIJAC in a recent PetAlert. Also, the criteria for establishing substandard conditions that might constitute animal hoarding are vague, it said, “and will lead to extremely subjective decisions that can end up as harassment tools for anti-trade zealots.”

Short-term housing of animals in a pet store environment also could be problematic for fish or small mammals that have a tendency to congregate and huddle on top of each other in corners of cages, said PIJAC. Therefore, the trade organization is seeking an exemption for pet stores.

A convicted companion animal hoarder may be ordered to undergo a psychological or psychiatric examination and to undergo treatment, at the convicted person’s expense.

Additional penalties include a fine of up to $1,000 or up to one year imprisonment in a county jail. The person also may be forced to forfeit animals.

The bill resided in the House Committee on Judiciary at press time. [May 2009 PET AGE]