Court sides with DDAL interpretation of AWA
USDA to appeal
A Washington DC federal court ordered the US Department of Agriculture to begin
licensing all dog and cat breeders in the US in a decision handed down in a
lawsuit filed by the Doris Day Animal League.
The July ruling granted a victory to DDAL in its long campaign to force USDA
to inspect home breeders who are currently exempted under a definition of retail
sales that allows direct sale of pets to the public. USDA disputes the court’s
interpretation of the law and plans to appeal the decision.
Background
The law in question is the federal Animal Welfare Act1 passed in
1966 and frequently amended since. One thing has remained constant, however:
USDA, the agency charged with enforcement of the act, has steadfastly maintained
that Congress intended the law to regulate commercial kennels selling puppies
and kittens to retail outlets and that home breeders should be exempt.
Written at a time when conditions at commercial kennels and the sale of dogs
to research facilities captured national attention, the AWA mandated federal
licensing for all dealers who sell dogs and cats in interstate or foreign commerce.
Believing that the law applied to wholesale trade in puppies and kittens, the
agency drafted a definition of dealer that excluded retail outlets.2
Breeders who raise dogs and cats in their own homes are not mentioned in the
AWA definition of retail pet store and are not specifically exempted otherwise.
However, because the law was written to provide oversight for commercial kennels
that breed out of public view and ship puppies to retail stores for resale,
USDA exempted private breeders who sell directly to the public from homes where
conditions can be checked by buyers before the purchase.
Several years ago, DDAL petitioned the USDA to change the regulations under
which the agency enforces the law to include all pet breeders. USDA originally
declined the petition but was ordered by the court to begin the comment process
to determine whether changes were appropriate. Two comment periods and tens
of thousands of opinions later, the agency decided not to change the regulation
exempting home breeders from licensing. DDAL went to court and the result was
a summary judgment declaring that the law is self-explanatory in its intention
to regulate all breeders.
The American Kennel Club filed an amicus curiae brief on behalf of USDA, but
because the judge determined that the law is clear in its intentions, briefs
and arguments were not considered. However, if the ruling by judge US District
Court Judge Colleen Kollar-Kotelly is allowed to stand, AKC estimates that,
based on its registration data, nearly 300,000 breeders could be required to
be licensed, a situation that would overwhelm USDA and undermine the nature
of the purebred dog sport by making it a federally-regulated activity.
No date has been set for the appeal, but check the NAIA Trust website (www.naiatrust.org)
for the judge’s decision and for periodic updates.
Notes
- The AWA can be found on the Internet at www.aphis.usda.gov/ac/awapdf.pdf
- (Links to the AWA and AWA regulations can be found at the APHIS publications
page at www.aphis.usda.gov/ac/publications.html)
|
