| To my rabbit friends: There is a bill in the US legislative committees called Pet Animal Welfare Statute of 2005 (PAWS) - S1139 / HR2669 that concerns dog and cat breeders. It started out affecting anybody who has more than 7 litters (dogs and/or cats) a year and sells more than 25 animals a year and requires them to get a USDA breeders license. PETA and Humane Society of the US helped draft this bill and are saying it is to stop the puppy mills and such. Sounds good. But then the “and” was changed to “or”. Humm, that’s going to affect a LOT more hobby dog breeders and a large majority of the cat breeders. Those raising big breed dogs have more pups in each litter and having 3 litters a year could put them over the limit. And then the following was recently added: “or derives more than $500 gross income from the sale of other animals.” The Animal Welfare Act (AWA) of 1966 is the legislative foundation of animal welfare and it lists specific species that are covered - including rabbits. Do I have your attention now? Don't stop reading here. Don't think it will affect just cat and dog breeders and has nothing to do with you. The AWA was passed with the intent to regulate wholesale breeders, researchers, circuses, and transporters. In 2002 the Doris Day Animal League sued the USDA. They won but then lost the case on appeal. That judge ruled there was no legislative intent to regulate people selling direct to pet owners. This PAWS bill shows clear legislative intent to regulate people selling animals direct to customers. It defines who needs a USDA license and expands the number of people who will need one, thus regulating the breeding activities at the private home level. It will subject hobby breeders to USDA licensing based on standards for kennel structures and management established for commercial operations, making it difficult, if not impossible, for rescue and small, private cat and dog hobby breeders. They will be subjected to frequent, unscheduled in-home inspections. It will impact rescue organizations drastically and makes no allowances for re-homing a pet or for nonprofit operations. It establishes separate, double federal licensing criteria for hunting and security dog owners, treating them differently than everyone else. It will reinforce some of the USDA standards already in place such as 1) Must meet veterinary standard for cleanliness. You have to be able to hose it out and sanitize it. A dog can’t live in a house under these rules. 2) Vets have to be either on staff or have regular visits to each location that houses pets. Taking the dogs to the vet doesn’t count, the vet must see your home. Who’s going to pay for these house calls? 3) For transportation you must have a commercially inspected vehicle with air conditioned interior and commercial vehicle insurance. What is not addressed so far is the scope of the minimum “humane care standards”, the license fee amount, the penalties. We all know that USDA doesn't have the manpower or funds to oversee or enforce such licenses and inspect so many additional facilities (may easily add up to 10,000 more locations),. So the rumor has it that PETA will "volunteer" to contract this work with the USDA or at least strongly recommend the local animal control officers (already being heavily influenced by PETA and ARAs) handle the job. That alone is scary. The bill’s wording that authorizes the USDA to certify inspection programs of non-governmental organizations is unclear. This area includes private inspections by contractors, which is of particular concern due to a frequent pattern of incompetence, abuse, and corruption where organizations have already been employed by state and local jurisdictions. (Do you watch the programs on Animal Planet? Want some of these folks coming into your home because a neighbor got mad at you and called in a report against you?) Given all of these uncertainties, there is good reason for concern about PAWS, a poorly written statute. If you have a USDA license, will your local government require you have a business license? Will your subdivision restrictions allow you to run a business out of your home? Can you run a business if you live on land zoned agricultural? What additional record keeping will be required? What does this do to your income taxes? The history of the animal rights extremists shows that they have always worked to first get their foot in the door and then they begin to work on changing definitions and numbers, widening the influence of the legislation. A small change here and there over time could easily change things to where it could be difficult to be defined as a hobby breeder. Groups like the Doris Day Animal League and PETA push forward laws and then sue administering agencies to force them to conduct the inspections and tighten up under these laws, as they did with birds, rats, and mice. There is nothing at this point concerning license requirement for “other animals” but that could quickly be covered in an amendment pushed thru shortly after PAWS passes. We’ve all heard how PETA and ARAs believe feed should be in front of rabbits 24/7, floor wire is cruel, and rabbits should be put in an exercise pen daily. Currently there are over 100 clubs that have gone on record as opposing this bill, clubs at levels ranging from local all-breed clubs to state groups to national organizations. The Cat Fanciers Association have dug in their claws and are fighting with everything they have. Strangely the AKC Board of Directors has announced support of this bill, but the vast majority of its membership is in an uproar over the bill in addition to feeling abandoned by their national organization. Clubs for hunting dogs and service dogs along with rescue organizations are just now getting members to speak out. |
| Pet Animal Welfare Statute PAWS |
The Animal Welfare Act (AWA) regulated commercial breeders who sold their animals to brokers, pet stores, research facilities, etc. The Secretary of Agriculture determined this did not cover breeders who sold directly to buyers. This PAWS bill regulates hobby breeders. If you raise 7+ litters (cats and/or dogs) or sell 25+ animals or gross over $500 in the sale of other animals (this includes rabbits) then you will need a USDA license if the PAWS bill passes. Please call or write now saying your OPPOSE bill S1139. Committee phone number: 202-224-2035 Mailing address: Senate Committee on Agriculture, Nutrition, & Forestry Room SA-328A Russell Senate Office Building Washington, DC 20510-6000 |