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Bill that would roll back Lexington's ban on retail sale of cats and dogs fails in committee

FILE - Ed Frerotte, of Petqua pet store, and the store cat Frankie stand at the counter on May 22, 2008, in New York. New York has become the latest state to ban the sale of cats, dogs, and rabbits in pet stores in an attempt to target commercial breeding operations decried by critics as “puppy mills.” The new law, signed by Gov. Kathy Hochul on Thursday, Dec. 15, 2022, will take effect in 2024. (AP Photo/Diane Bondareff, File)
Diane Bondareff/AP
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AP
FILE - Ed Frerotte, of Petqua pet store, and the store cat Frankie stand at the counter on May 22, 2008, in New York. New York has become the latest state to ban the sale of cats, dogs, and rabbits in pet stores in an attempt to target commercial breeding operations decried by critics as “puppy mills.” The new law, signed by Gov. Kathy Hochul on Thursday, Dec. 15, 2022, will take effect in 2024. (AP Photo/Diane Bondareff, File)

A bill that would roll back some local control over the retail sale of cats and dogs failed to clear a committee Tuesday. The measure would have prevented enforcement of Lexington's ban on the sales.

Sen. Jason Howell described Senate Bill 122 this way.

"My goal in bringing this bill was to balance out protecting private business rights from what I viewed as overreach while still preserving as much local control on how businesses operate," he said, explaining his rationale on an evolving piece of legislation.

While backers couch the effort as one to create a blanket system to replace a "patchwork" of laws governing animal sales across the state, opponents — including animal care and control agencies and animal welfare organizations — have warned it would override local ordinances targeting puppy mills and bad breeders.

Colleen Bray, director of Boone County Animal Services, said her community has not instituted a ban on retail dog and cat sales, but it did place new restrictions on pet stores following a case of retailers selling sick puppies.

"We did not find that the pet stores were wanted to be very transparent, with their records and following regulations," she said.

Critics also warn the statewide proposal backed by an Ohio puppy store could loosen restrictions on breeders and further overwhelm already-struggling animal shelters.

The measure did not make it out of committee, but the sponsor said he's open to continuing the conversation around the issue.

Petland, a pet store chain that fought against the Fayette County sales ban, has sued to stop the implementation of Lexington's law.