BREED TYPE UNDER ATTACK Radical New Hampshire Bill Criminalizing ‘Birth Deformities’ including Brachycephaly Could Threaten Breeding of Purebred Dogs
BY SHEILA GOFFE, VICE PRESIDENT, GOVERNMENT RELATIONS, AMERICAN KENNEL CLUB A bill scheduled for a hearing in a New Hampshire House Committee on March 5, 2024 is a stark caution for all dog breeders and enthusiasts about the lengths to which animal rights extremists will go to attack the breeding and exhibition of purebred dogs. New Hampshire House Bill 1102 (HB 1102) is one of the most egregious anti- breeding bills introduced in a state legislature over the past decade. It adds language to the state animal cruelty code that describes brachycephaly as a “birth deformity that causes suffering”—and would criminalize the sale and breeding of brachycephalic dogs and any dog that could be claimed to have a birth deformity. Violators could be found guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense. While at first glance it appears the main target of the measure is brachycephalic breeds, and a subset of breeders, the bill’s expansive language actually targets breeders of all dogs. The bill does not define “birth deformity,” but instead only refers to vague characteristics that could potentially be interpreted to “cause suffering.” HB 1102 is not the first radical attempt to use specific health issues to ban the breeding of certain dogs. A 2023 bill in Illinois (HB 2300) would have required vague and unspecified “genetic testing for all dogs owned by dog breeders,” further requiring that if a genetic defect or mutation were found that could cause physical impairment or early death, the animal must be sterilized immediately. Similar but less specific health testing requirements have also been proposed for federal breeder licensing. However, NH HB 1102 is one of the first of this type to gain traction in a state legislature. Sadly, bills attacking the breeding of specific dogs have been a fixture of canine leg- islation in Europe for more than a decade. Despite inadequately demonstrated claims about overall health problems in some breeds, they have recently resulted in bans on the breeding of certain breeds. In 2020, the Dutch Kennel Club, under existential threats from government entities and animal rights groups, limited registration of certain brachycephalic breeds. In 2021, the Norwegian parliament passed a law mak- ing breeders legally liable for producing healthy dogs. That law became the basis for a 2022 court case that arbitrarily banned the breeding of all Bulldogs and Cavalier King Charles Spaniels in Norway. The ban on the breeding of Bulldogs was subsequently rescinded, but the ban on breeding Cavaliers remains.
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