AKC files ‘friend of the court’ brief
Appeal of DDAL lawsuit set for November
On July 30, 2001, a US federal court determined that the federal government
has oversight of fanciers who breed dogs and cats in their own homes and that
the US Department of Agriculture should treat home breeders as pet dealers.
The USDA appeal of that decision will be heard on November 4.
The court decision came in a lawsuit filed by the Doris Day Animal League,
an anti-breeding animal rights organization. DDAL petitioned USDA to make the
changes in 1998, but the agency declined to do so after two comment periods
and tens of thousands of written opinions by animal rights activists, pet owners,
breeders, exhibitors, and others with an interest in dog and cat breeding.
The American Kennel Club received permission to file an amicus curiae brief
in the case and did so on July 31 this year. The points made by AKC are:
- Such a change would bring a dramatic increase in the number of licenses
and a constant shift in individual licensees as many breeders do not breed
every year.
- The need to inspect private homes would change the USDA focus from the
commercial facilities that pose the greatest risk to residential sellers of
dogs that are already subject to a high degree of oversight by buyers, AKC,
and local and state authorities.
- Most complaints about deplorable conditions are already violations of the
federal Animal Welfare Act.
- It is an unwarranted invasion of privacy to go into breeders’ homes.
The care standards established for wholesale dealers of dogs under the AWA
are not appropriate for residences. These standards address care for high
numbers of dogs; include specifications and procedures for large-scale facilities;
and require materials and procedures that are difficult, unnecessary, and
virtually impossible for small breeders to follow.
- The changes mandated by the DDAL lawsuit will in fact hurt consumers by
driving small breeders out of the hobby and forcing consumers to turn to dealers
who are interested solely in profit. The changes will thereby encourage the
puppy mills and scurrilous breeders the AWA was designed to prevent and thus
undermine the basic purpose of the Act.
- The entire 30-year legislative history of AWA supports including residential
sellers of dogs under the “retail pet store” exclusion.
Current rules
The regulations that enforce the AWA require licensing and inspection of pet
dealers who supply puppies and kittens to retail outlets. These facilities are
not generally available for on-site visits by pet buyers, so USDA inspectors
are charged with the responsibility to assure that these businesses meet health
and safety standards. Included are those who own more than three intact females
and net more than $500 per year in pet sales. Exempted are retail outlets, including
home breeders and fanciers who sell directly to the consumer who enters the
store, home, or kennel and can see conditions for themselves.
For more information
- Congress zaps phony Puppy Protection Act from Farm Bill (Summer 2002) NEED
URLS
- Act will weaken enforcement and target legal kennels: NAIA urges no vote
on bogus 'puppy protection act'
- NBC's Dateline features puppy mills
- NAIA responds to USDA: Exempt fanciers, regulate kennel businesses
- USDA to appeal: Court sides with DDAL interpretation of AWA (Fall 2001)
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