Letters needed in opposition to the 'Puppy Protection
Act'
NAIA Action Alert
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; naia@involved.com;
(503) 761-1139; or PO Box 66579, Portland, Oregon 97290-6579.
Letters needed in opposition to the
'Puppy Protection Act'
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
exposés 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 - 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
"camel's 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 you're 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 you're 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 NAIA's 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 find your Representative, search the US
Congress website. To find any legislator, call the US Capitol switchboard
at (202) 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,
** 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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