Virginia Legislators Consider Bills to Protect Dogs at Envigo

Update: March 8, 2022

The House of Delegates voted (98-0) to pass HB 1350 with the Senate substitute (i.e., with proposed changes). The Senate voted (39-0) to pass SB 87 in the form of the House substitute, SB 88 as the House substitute, SB 90 with the House amendment, and SB 604 as the House substitute. The bills now go to the governor for approval.

Update: March 7, 2022

The House of Delegates voted (98-0) to pass SB 87 in the form of a substitute (i.e., with proposed changes), SB 88 as a substitute, SB 90 with an amendment, and SB 604 as a substitute. The bills now return to the Senate for approval of the House substitutes and amendment.

Update: March 4, 2022

The Senate voted (39-0) to pass HB 1350 with a substitute (i.e., with proposed changes). The bill now returns to the House of Delegates for approval of the Senate substitute.

Update: March 2, 2022

The House Committee on Agriculture, Chesapeake and Natural Resources voted unanimously (22-0) to report (pass) SB 87 in the form of a substitute (i.e., with proposed changes), SB 88 as a substitute, SB 90 with an amendment, and SB 604 as a substitute to the House floor.

Update: March 1, 2022

The Senate Committee on Agriculture, Conservation and Natural Resources voted (15-0) to report (pass) HB 1350 to the Senate floor with a substitute.

Update: February 24, 2022

The Senate Subcommittee on Companion Animals voted (3-0) to report (pass) HB 1350 to the Senate Committee on Agriculture, Conservation and Natural Resources.

Update: February 23, 2022

The House Agriculture Subcommittee voted to report (pass) SB 87 (10-0), SB 88 (10-0), SB 90 (10-0), and SB 604 (10-0) to the House Committee on Agriculture, Chesapeake and Natural Resources. The subcommittee voted to “lay on the table” (remove from further consideration) SB 442 (10-0), SB 457 (10-0), and SB 535 (6-4).

Update: February 15, 2022

The Senate voted to pass SB 457 (40-0) and SB 535 (38-2), and the House of Delegates voted to pass HB 1350 (99-1). The bills now “cross over” to the opposite chambers for consideration.

Update: February 14, 2022

The Senate voted unanimously (40-0) to pass SB 87, SB 88, SB 90, SB 442, and SB 604, which means that they now “cross over” to the House of Delegates.

Update: February 11, 2022

The Senate voted to remove a reenactment clause, which would have made the bill meaningless, from SB 87.

Update: February 10, 2022

SB 535 and SB 604 were reported by the Senate Finance & Appropriations Committee to the Senate floor.

Update: February 9, 2022

HB 1350 was reported by the House Committee on Agriculture, Chesapeake and Natural Resources (vote 20-1), and moves on to the House floor.

Update: February 8, 2022

The seven bills that were reported by subcommittee to the Senate Committee on Agriculture, Conservation and Natural Resources—SB 87, SB 88, SB 90, SB 442, SB 457, SB 535, and SB 604—were reported by the committee, which means that they are all progressing through the chamber! SB 535 and SB 604 are going to the Finance & Appropriations Committee, and the other five are going straight to the Senate floor. Scroll down for individual details on each bill.

Update: February 7, 2022

Of the 11 bills filed in a bipartisan effort in both chambers to address deplorable conditions for beagles at Envigo, eight have passed subcommittees and three—HB 255, HB 1061, and HB 1313—were laid on the table (i.e., they were defeated and won’t become law). The eight bills still under consideration are listed and detailed below.

Did you know that Cumberland, Virginia, is home to a massive factory farm that breeds dogs? Owned by Envigo—Virginia’s largest commercial dog breeder—it warehouses 5,000 beagles at a time and produces 500 puppies per month to sell to experimenters all over the world. Beagles are used for experimentation because they’re small, docile, and forgiving. At Envigo, these gentle dogs are kept caged 24/7 without beds, stimulation, or the opportunity to play or exercise—they don’t even have names.

Based on a July 2021 inspection, the U.S. Department of Agriculture (USDA) cited Envigo for 26 violations of the federal Animal Welfare Act (AWA), 12 of which were direct or critical (having serious or severe adverse effects on the health and well-being of an animal). In October 2021, the USDA conducted a “focused” inspection (one that does not cover the entire facility but rather focuses on following up on previous violations) and documented 13 more violations—including 11 repeat and seven critical or direct ones. The USDA’s veterinarians’ findings include the following:

Only 17 staff members were employed to care for 5,000 dogs and puppies.
More than 300 puppies’ deaths were attributed to “unknown causes.”
A “depressed” puppy was covered with feces in a waste pan, another puppy was “found deceased … with [the animal’s] head stuck in the swinging kennel door,” a neonate puppy was found in a drain under an enclosure, and more.
Three dogs had been killed in fights, and 71 others had been injured by dogs in adjacent kennels. Twenty-four dogs and puppies were missing, and nine dogs who were injured when “body parts” were pulled through a kennel wall by other dogs and bitten, causing “physical harm and unnecessary pain,” were put down.
One dead puppy was found eviscerated, and records showed that her kennelmates had “chewed on” her corpse.
Numerous dogs were denied care for “severe dental disease,” wounds, eye ailments, crusted and oozing sores on their paws, multiple skin lesions with “thickened” and “inflamed” tissue, and more.
Thirteen dogs were denied food for 42 hours while nursing 78 puppies.
More than 450 dogs were deprived of adequate space, and hundreds of dogs and puppies were confined to rooms in which temperatures reached 92.3 degrees.
There were “old, dried, and moldy feces” in dog enclosures, up to 6 inches of feces piled in a gutter, one kennel with “at least nine or ten piles of feces,” and an “overpowering fecal odor” and “strong sewage odor” in the facility.

PETA’s undercover investigation into the facility mirrored the USDA’s findings. Food was willfully withheld from nursing mother dogs for days, even after the USDA directed staff not to do that—and workers were told to lie to federal inspectors about it if asked. Workers with no veterinary credentials performed medical procedures on dogs, and PETA’s investigator found more than 360 dead puppies in the course of the investigation alone. Dogs were routinely left in cages while workers sprayed them with high-pressure hoses—leaving the soaked animals to shiver and their food to become moldy and infested with maggots—and puppies fell through holes in the cages and ended up in drains, covered with fecal matter and other waste, and typically died as a result.

The federal investigation is ongoing, and additional citations are expected. An auditor’s report on Envigo that was filed with the U.S. Securities and Exchange Commission outlines possible outcomes of the investigation:

During the period from July through December 2021, one of the Company’s U.S. facilities was inspected on several occasions by the U.S. Department of Agriculture (“USDA”). USDA issued inspection reports with findings of non-compliance with certain USDA laws and regulations. Envigo formally appealed certain of the findings. USDA has indicated it intends to conduct a formal investigation. The inspections and/or the investigation could lead to enforcement action resulting in penalties that could include a temporary restraining order or injunction, civil and/or criminal penalties, and/or license suspension or revocation. Orders resulting from an administrative action, if any, can be appealed to a U.S. Court of Appeals. There can be no certainty as to the end result.

To learn more, read The Washington Post articles “USDA Cites Dog-Breeding Facility in Virginia for Mistreating Animals” and “Virginia Lawmakers Try to Improve Conditions for Dogs Bred for Medical Research.”

But there’s good news, too! Eight bills remain under consideration by the General Assembly. If passed, the proposed legislation would help improve welfare standards, implement some reporting requirements, restrict state funds that can be spent on animals from facilities that have violated the federal Animal Welfare Act (AWA), and more. The dogs need concerned Virginians like you to contact your legislators and urge them to support these bills, which would do the following:

Increase protections for dogs and cats by ensuring that companies cited under certain provisions of the AWA can’t do business with Virginia state agencies
Prohibit the sale of dogs bred for experimentation in Virginia for experiments not required by federal law or regulation and prohibit the sale of dogs for experimentation overseas (This industry is shrouded in secrecy, but documentation shows that animals commercially bred in Virginia are sold to laboratories in Japan and Taiwan—both of which have abysmally low standards for animal welfare policy and legislation.)
Help ensure that state authorities have oversight of facilities that breed dogs and cats for experimentation by implementing requirements for record keeping and reporting
Require that animals at breeding facilities be given a chance to find a loving home (Dogs who have endured such miserable conditions their entire lives should be given a chance to be adopted, loved, and respected. One PETA investigator adopted Samson, a beagle used for breeding who was evidently no longer useful to Envigo. Samson needed urgent care for various health conditions—including broken and rotting teeth, an ear infection, and bloody urine—but he’s currently enjoying life with his adoptive family.)
Close a legal loophole that currently excludes dogs and cats used as research animals from Virginia’s companion animal–protection laws (This bill would hold facilities that breed dogs and cats for experimentation to the same standards as animal shelters and commercial breeders that sell them as companion animals.)

You can stay up to date on ways to help by following the Virginia Coalition for Beagle Protection’s Facebook page.

For more information about these bills, see below.

SB 87

Patron: Sen. William M. Stanley Jr.

Status: On March 8, the Senate voted (39-0) to pass the bill, with the amendment that defines “dealer” and “commercial dog or cat breeder” to include any person or entity that breeds dogs or cats regulated under federal law as “research animals” and with a substitute—identical to a substitute added to HB 1350 by the Senate Committee on Agriculture, Conservation and Natural Resources on March 1—that would make the law effective on July 1, 2023.

Summary (as introduced): Dealers; sale of dogs or cats for experimental purposes. Prohibits a dealer or commercial dog or cat breeder from importing for sale, selling, or offering for sale a dog or cat bred by a person who has received certain citations pursuant to the federal Animal Welfare Act. Current law only prohibits such activities related to the sale of dogs. The bill also clarifies that selling includes selling the dog or cat for experimental purposes.

What It Does

It amends and expands current law (§ 3.2-6511.2)—which already applies to dealers that sell dogs as animal companions (pet shops)—to include any dog or cat for sale “for experimental purposes” so that dealers (such as Envigo) are prohibited from selling dogs or cats if they have received direct or critical citations or citations for three or more indirect or noncritical violations of the AWA for two years prior to the sale.

Why You Should Support It

Protections offered by the AWA are meager, and repeat offenders are allowed to continue breeding and selling animals, even if they have repeatedly violated the law. Citations and fines do not necessarily translate into improvements in animal care, and federal investigations can take years. These dogs need help now.
This bill would increase protections for animals bred and used for experimentation by preventing sales of animals from facilities not in compliance with the minimal standards of the AWA.

SB 88

Patron: Sen. William M. Stanley Jr.

Status: On March 8, the Senate voted (39-0) to pass the bill as the subcommittee substitute that adds births and dispositions, including deaths and adoptions, to what must be recorded and requires quarterly rather than annual reports.

Summary (as introduced): Breeders; records of animals sold or transferred to animal testing facility. Requires entities that breed dogs or cats for sale or transfer to an animal testing facility to keep records of each animal for two years from the date of the sale or transfer, and to annually submit a summary of the records to the State Veterinarian.

What It Does

It creates a new Code section called “Breeding Cats and Dogs for Experimental Purposes” that requires breeders that sell animals for experimentation (such as Envigo) to maintain records for individual animals indicating species, color, breed, sex, weight, age, and name and address of the facility to which the animal is sold or transferred. The records would be maintained for two years after the animal has been sold and made available to state and local authorities at mutually agreeable times. The breeder would be required to submit a summary of the records to the state veterinarian annually, similar to existing Code section 3.2-6557, which requires that animal control officers, law-enforcement officers, humane investigators, and animal shelters file a summary of such animal custody records with the Virginia Department of Agriculture and Consumer Services (VDACS) annually.

Why You Should Support It

A 2021 USDA inspection of Envigo resulted in 26 federal citations. The federal investigation is ongoing, and additional citations are expected.
The USDA inspection report notes a total of 5,035 dogs and puppies at the facility in July 2021 and records of the deaths of more than 300 puppies attributed to “unknown causes,” which the facility was not attempting to investigate in order to prevent future deaths.
The deplorable conditions in this facility, coupled with the massive number of dogs held there, make it clear that further oversight by the state is needed for the sake of transparency and accountability to ensure that dogs are not suffering unseen en masse at facilities like this.

SB 90

Patron: Sen. William M. Stanley Jr.

Status: On March 8, the Senate voted (39-0) to pass the bill with a technical amendment.

Summary (as introduced): Breeders of dogs and cats for animal testing facilities; adoption of dogs and cats. Requires a breeder of dogs and cats for sale or transfer to an animal testing facility that no longer has a need for a dog or cat in its possession to offer the animal for adoption prior to euthanizing it. Currently, only animal testing facilities are subject to this requirement.

What It Does

It amends § 3.2-6593.1, which currently requires that animal testing facilities offer dogs and cats for adoption once the facilities no longer “need” them, to include breeders and defines “breeder” for this section as those who breed dogs and cats for sale or transfer to an animal testing facility.

Why You Should Support It

Many of the dogs at Envigo, where the USDA noted a total of 5,035 adults and puppies in July 2021, are used for breeding and remain at the facility for life.
According to the 2021 USDA inspection, sick animals were left untreated, 300 puppy deaths were attributed to unknown causes, nursing dogs were deprived of food, and a “large accumulation of feces, urine, standing water, insects and uneaten food [was found] under the raised indoor and outdoor kennel floors.” Almost every dog at this facility who was no longer needed was killed when deemed no longer profitable.

SB 604

Patron: Sen. William M. Stanley Jr. (chief patron); Sen. Jennifer Boysko (chief co-patron)

Status: On March 8, the Senate voted (39-0) to pass the bill as a substitute.

Summary (as introduced): Animal cruelty; companion animals; penalty. Clarifies that dogs and cats in the possession of a person who or an entity that breeds dogs or cats for sale or transfer to an animal research facility are considered companion animals for the purposes of animal cruelty statutes. The bill also provides that breeding dogs or cats for sale or transfer to a research facility, or breeding dogs or cats within a research facility, does not constitute bona fide scientific or medical experimentation for purposes of animal cruelty statutes.

What It Does

It amends § 3.2-6500 so that the definition of “companion animal” includes dogs and cats who are bred for experimentation, bringing these animals under the existing protections for companion animals, including duties of ownership (§ 3.2-6503) and the cruelty statute (§ 3.2-6570), from which they are currently unjustifiably excluded.

Why You Should Support It

This bill would close the loophole that currently excludes dogs and cats federally regulated as “research” animals from Virginia’s companion animal protection laws and hold facilities that breed dogs and cats for experimentation to the same standards as facilities such as other commercial dog breeders, animal shelters, and pet shops.

HB 1350*

Patron: Del. Robert B. Bell

Status: On March 8, the House of Delegates voted (98-0) to pass the bill with a substitute (i.e., with proposed changes) that would make the law go into effect on July 1, 2023.

What It Does

Why You Should Support It

Protections offered by the AWA are meager, and repeat offenders are allowed to continue breeding and selling animals, even if they have repeatedly violated the law. Citations and fines do not necessarily translate into improvements in animal care, and federal investigations can take years. These dogs need help now.
This bill would increase protections for animals bred and used for experimentation by preventing sales of animals from facilities not in compliance with the minimal standards of the AWA.

*This is the companion bill to SB 87.

Virginia Legislators Consider Bills to Protect Dogs at Envigo’s Breeding Factory Farm

To learn more, read The Washington Post articles “USDA Cites Dog-Breeding Facility in Virginia for Mistreating Animals” and “Virginia Lawmakers Try to Improve Conditions for Dogs Bred for Medical Research.”