A Pet's View / September 2005
Paws in Action
In May, 2005 Senator Rick Santorum and Rep. Jim Gerlach introduced legislation to strengthen enforcement of the Animal Welfare Act (AWA), a federal law that has assured the humane care and treatment of animals in research, exhibition, commerce, and transportation for thirty years. The AWA regulates people who buy and sell dogs commercially for research, teaching, exhibition, hunting, breeding, security and as pets. It is administered by the U.S. Department of Agriculture (USDA). People who buy or sell dogs on a commercial basis are called “dealers” and are required to obtain a license from the USDA, comply with USDA standards for the humane care and treatment of animals, submit to regular inspection of their facilities, and keep certain records.
The new legislation, PAWS, the Pet Animal Welfare Statute of 2005, would add two groups to coverage under the AWA people who import large numbers of dogs for resale and breeders and brokers who sell large numbers of dogs at retail but do not maintain “retail pet stores.” The legislation will also strengthen USDA authority to deal with violators of the Act, and to identify those evading the Act.
In the 1970s, when dog dealers were first brought under the AWA, breeders who sold exclusively at retail were small operations, mostly hobby breeders. Internet for e-commerce, and other mass marketing channels, have enabled high volume breeders to breed and sell substantial numbers of puppies directly at retail. Commercial breeding for direct retail sales is substantial and increasing. Plus, a growing number of dealers are importing foreign-bred puppies for direct retail sales. Many of the imported puppies have health and other problems.
PAWS was proposed because sizable and growing number of breeders and importers are selling large numbers of dogs but evading regulation.
The current law covers those who buy, sell or negotiate the purchase or sale of any dogs for research, teaching, exhibition, hunting, breeding, security or as a pet. “Retail pet stores” are currently exempt from AWA but the AWA does not define the term “retail pet store.” In administering the law, the USDA interprets “retail pet store” to include all outlets selling dogs exclusively at retail.
Because of the USDA’s expansive interpretation of the exemption, breeders and importers who sell all their puppies directly at retail fall outside federal regulation, regardless of volume. PAWS has been proposed to address this evolution by ensuring appropriate regulation of these large scale retailers.
PAWS significantly strengthens the USDA’s ability to identify large-scale breeders who sell puppies for resale by requiring retail pet stores and others who acquire dogs for resale to maintain “source records” or documentation on where the dogs came from and to provide these records to the USDA upon request.
The bill also extends the time period USDA can suspend the license of a dealer when an animal’s health is in imminent danger from 21 days to 60 days, and authorizes the USDA to go to court directly to obtain injunctions against those violating the law or operating without a license, rather than relying on overworked U.S. Attorneys.
Most importantly, the bill brings under coverage of the AWA high volume retailers and sellers who are not retail pet stores, but, creates a specific statutory exemption for small breeders and dealers.
Current enforcement relies heavily on voluntary compliance and will continue to do so. Currently, the USDA is required to license breeders who sell dogs at wholesale and maintain more than three breeding females. If the USDA suspects someone of evading this requirement, it may investigate and take appropriate action.
PAWS will give the USDA access to “source records” from people who acquire dogs for resale, which will aid it in maintaining the integrity of retail pet stores, and in monitoring large-scale commercial breeders and importers.
The USDA will still have authority to enforce the new legislation by investigating cases of suspected violation and gathering evidence. However, their task will be made easier and more efficient with access to the source records of the persons who buy dogs at wholesale. Better enforcement of the AWA means less work for rescuers and, ultimately, a more secure environment for dogs.
PAWS has been referred to the Committee on Agriculture, Nutrition, and Forestry.
Technology and global communications have changed the marketplace for dogs. People who care must make certain the law is changed to protect dogs from reprehensible exploitation.
To follow the progress of PAWS, visit thomas.loc.gov. The bill is S1139/ H.R.2669.
Speak!
Senators and Representatives appreciate voices as well as votes. Government of the people, by the people and for the people requires actual participation from the people. To express an opinion, offer support or make a request, about the PAWS bill or another important issue, contact Senator Rockefeller or Senator Byrd directly.
Senator Jay Rockefeller:
405 Capitol Street, Suite 508
Charleston, WV 25301-1749
(304) 347-5372
Senator Robert Byrd
300 Virginia St. E, Suite 230
Charleston WV 25301
(304) 342-5855
Copyright © 2005-2006 A Woman's View. All rights reserved.
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