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NAIA
serves the interests of those concerned
about animal welfare and responsible
animal ownership. For more information
about this legislation or any other
matter affecting animal welfare or responsible
animal ownership, contact NAIA at the
following: NAIA
website; NAIA
Trust; patti@naiatrust.org;
(503) 761-1139; or PO Box 66579, Portland,
Oregon 97290-6579.
S. 1478 and H.R. 3058
Background
Decade
after decade, puppy mills have remained
one of America's most intractable animal
welfare challenges. Accordingly, more
legislative proposals, more media exposþs
and more fundraising campaigns have
been dedicated to puppy mills than to
just about any other animal welfare
issue.
This
year is no exception. Prompted by the
Humane
Society of the United States*
(HSUS) and other animal rights/welfare
groups, a new bill to deal with puppy
mills, S.
1478**,
was introduced this month by Rick Santorum,
(R-PA) and a companion bill, H.R.
3058, was introduced in the
House by Edward Whitfield (R-KY). Like
so many of its predecessors, this legislation
raises many compelling and sensational
claims, but it fails to address the
less media-worthy issues that are fundamental
and essential to making progress.
Although
the backers of S. 1478/H.R. 3058 claim
that it is only intended to apply to
–puppy mills,” it is critical to recall
that an organization supporting this
legislation brought a lawsuit resulting
in a recent decision (now on appeal)
that every person who sells even
one litter of puppies is a –dealer”
and therefore subject to the Animal
Welfare Act. Accordingly,
any legislation aimed at correcting
conditions in substandard kennels should
return the AWA to its original purpose
the regulation of commercial kennels
that sell puppies to pet stores À by
clearly exempting breed enthusiasts
who produce litters in their homes and
sell puppies directly to members of
the public.
NAIA
strongly and actively supports improvements
in commercial
dog breeding, but strongly opposes
S. 1478/H.R. 3058 because we believe
that these provisions are so misguided
that passage would actually produce
more damage than good.
The
following items are the 3 primary elements
of the legislation:
1.
Policing breeding practices:
This legislation mandates when and how
often dogs can be bred. On the surface,
this might sound like a good idea because
most breeders have much higher standards
than the ones called for in these bills.
However, it is not the substance of
the requirements but the degree to which
this provision expands federal regulatory
authority over breeding practices that
guarantees toxic results. This is a
classic –camelês nose under the tent”
provision expanding federal regulation
to a level that is both excessive and
unenforceable. Such a combination produces
greater potential for harassment than
it does for animal welfare improvements.
2.
Engineering standard for socialization:
This legislation mandates that animal
welfare and behavior experts develop
–engineering standards” for socializing
dogs. NAIA is a strong supporter of
socialization
and training for all puppies
and dogs but opposes this provision
for a number of significant reasons.
For starters, there are no scientifically
validated standards for socialization
at this time. Second, if such standards
did exist, promoting socialization through
the development of an engineering standard
would still be inappropriate. Performance
standards that allow flexibility in
reaching the desired result have proven
to be far more effective in achieving
success. Engineering standards, on the
other hand, have served activists far
better than the animals they were designed
to protect. Finally, if the standards
are to have value, they should be developed
by scientists with the assistance of
recognized experts in the regulated
community, not by animal welfare activists,
and they should be researched, refined
and properly tested before they are
mandated by any legislative body.
3.
License revocation: This legislation
calls for a strict (3 strikes and youêre
out) license revocation policy but does
not define violations in terms of severity.
Because the AWA and USDA regulations
do not distinguish between serious violations
and minor areas of noncompliance, this
provision would slow animal welfare
improvements and encourage inequities.
NAIA shares the goal of stopping inhumane
breeders, removing their animals and
preventing them from breeding animals
in the future. We do not believe, however,
that this is the proper way to accomplish
that goal. NAIA believes that the 3
strikes and youêre out provision, despite
its appealing sound, would make it more
difficult for USDA inspectors to suspend
the licenses of bad operators.
While
having a mom and apple pie appearance,
S. 1478 and H.R. 3058 divert attention
away from areas of greater concern where
legislation could yield far more significant
results. This legislation focuses on
the most highly regulated members of
the commercial dog-breeding sector while
ignoring the widespread existence of
kennels operating in violation of current
laws and regulations - the facilities
where truly deplorable conditions are
found. Indeed, the need for this particular
legislation is predicated on conditions
that are already illegal, while the
bills' requirements are aimed at the
regulated group. This legislation weakens
AWA enforcement ability by expanding
USDA's licensing and inspections responsibilities
and forcing inspectors to spend more
of their limited time and resources
investigating compliant breeders instead
of seeking out those individuals who
are operating illegally.
NAIA
therefore adamantly opposes both HR
3058, the House version of the bill,
and S 1478, the Senate version, as counterproductive
feel-good legislation that could easily
cause more problems than they solve.
Grant
USDA the authority to identify and suspend
those who operate illegally
Furthermore,
in accord with NAIAês practice of suggesting
alternatives to proposed legislation,
NAIA suggests that Congress, instead
of supporting this legislation, grant
USDA the budget and authority it needs
to track puppy sales to and from breeders,
dealers, and retailers in order to identify
and close down those who operate without
regard for dog or puppy health and well-being.
Regulate
the growing importation of dogs from
foreign countries
In
addition to its suggestions for increased
funding and authority to allow USDA
to identify and eliminate unlawful kennels,
NAIA urges Congress to consider legislation
to cope with problems rising from the
importation of foreign dogs for the
pet market and foreign strays entering
US shelters.
If
we are truly interested in protecting
the welfare of dogs and the interests
of American consumers who purchase them,
we should be concerned about the conditions
under which these foreign dogs are bred,
and we should establish veterinary standards
to assure that these imported dogs do
not carry diseases or parasites that
could threaten the health of US citizens
and animals. NAIA also believes that
shelters that purchase puppies and import
strays to place in new homes are acting
as pet stores and that their suppliers
should be licensed as dealers under
the AWA.
NAIA
urges those who want to improve conditions
for puppies and dogs in commercial operations
to oppose S. 1478 and H.R. 3058 and
ask senators and representatives to
instead support changes that will give
USDA the authority to track down illegal
breeders and establish policies to deal
with foreign dogs entering the domestic
pet market through commercial dealers
and shelters.
Here's
what you can do
-
Ask your Senators and Representative
to oppose S. 1478 and H.R. 3058. To
locate your Senators, search the US
Senate website. Or, to find¾
your Representative, search the US
Congress website. To find
any legislator, call the US Capitol
switchboard at (212) 224-3121 and
ask to be connected to the office
of your Senator or Representative.
-
If your Representative or Senators
sit on the House
or Senate Agriculture Committee,
please ask them to stop these bills.
-
If your Senators or Representative
are listed as cosponsors
of either bill, please ask them to
withdraw their support for the reasons
given above and instead support legislation
that will give USDA the authority
to track down kennels already operating
illegally and establish policies to
deal with foreign dogs entering the
domestic pet market through commercial
dealers and shelters.
-
Write letters opposing these bills
and ask your friends and associates
to do the same.
-
Visit the AKC
website for more information
on this legislation.
Footnotes
*
In the linked article, HSUS disparages
the AKC contribution to canine health
research by using outdated figures as
if they were current. AKC donates more
than $1 million annually to the AKC
Canine Health Foundation, and AKC clubs
have donated hundreds of thousands of
dollars more to study, treat, and cure
canine diseases.
For
more information about HSUS, see
**
To read the bills in text format, go
to Thomas,
the US Congress on the Internet and
type the bill number in the search window.
For
more information on related subjects,
see:
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