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Alot
of confusing stuff has been written about PAWS.
This is
an easy- to-read explanation.
'PAWS' is the Pet Animal Welfare Statute of 2005, a bill in the U.S.
Senate (S. 1139) and House of Representatives (H.R. 2669). The bill is
sponsored by Senator Rick Santorum (R-PA) who previously sponsored the
two 'Puppy Protection Acts.'
PAWS is being backed by HSUS (the Humane Society of the U.S.) and
DDAL (the Doris Day Animal League), who also backed the two PPA's.
Surprisingly it is also strongly backed by the American Kennel Club.
More recently PETA has announced that it supports PAWS.
Under the current federal Animal Welfare Act (AWA) anyone who has
over three breeding female dogs *and* sells any dogs at wholesale, is
considered a dealer and must get a license from the USDA. Breeders who
sell *only* retail (that is, direct to the pet home) are *not* dealers
and are not required to be licensed. This 'retail exemption' is why
hobby breeders are not covered now.
If PAWS passes, you will be a dealer unless you sell 25 or fewer dogs
*and* cats together *or* you sell six or fewer litters of dogs and cats
bred or raised on your own premises and no dogs or cats not so
bred/raised. If you sell a 'puppy back' (stud fee puppy, etc) or you
take in and sell a rescue cat or dog, you must stay under the 25 total
dogs/cats limit or get a license.
To get a license you must pass an inspection. There are 90 pages of
regulations. These regulations are written for farm-type raising of
dogs. All surfaces touched by animals must be waterproof, you must
sterilize surfaces every two weeks (one allowed way is by spraying with
water at 180 degrees temp.); you must have a food preparation space
separate from your (human) kitchen; animal pens or cages must be
considerably larger than the standard sizes of crates used for dogs;
puppies, as well as bitches that will whelp within two weeks, must be
kept separate from other dogs; and much more.
It is generally impractical to comply with the regulations in your
home. You might be able to do it with a walk-in basement set-up, but
most will have to build a kennel. Expect costs in the $100,000 ballpark.
You may need a zoning variance (you may not be able to get one) and in
some areas, being a USDA licensed dealer will automatically make you a
business required to collect sales tax and obey other laws for
businesses.
Being USDA licensed is harder than 'you get it right and then keep it
that way.' The regulations change and each inspector has his own ideas
about what's important and what compliance means. You WILL have
violations, regardless of how hard you try.
The AKC tells us that the USDA will have to write new regulations
allowing in-home breeding. It won't happen because the large wholesale
breeders who are already licensed don't want any new competition getting
a low-cost set of rules. Those big dealers have a lot more clout than we
do.
The AKC seems to be supporting PAWS for two reasons: First, they
believe that by making many small breeders subject to licensing, they'll
get more who can meet AKC requirements for registering their dogs, so
they'll get more registrations. Second, PAWS would double or triple the
number of dealers to be inspected and there's no chance that the USDA
will get a big budget increase. The AKC hopes it will be allowed to do
inspections for them. Of course it would charge a fee for doing so.
However if the AKC is allowed to do inspections, very likely HSUS would
be too.
The numbers allowed without licensing -- 25 animals or six litters
sold(whichever is more) are much more restrictive for cats because of
their different reproductive patterns. Some experts believe that PAWS
will end the breeding of purebred cats by fanciers.
Many dog and cat rescue groups take in and adopt out hundreds of
animals per year. These animals are kept in ordinary (foster) homes
during rehabilitation. In law, 'adopting' for any compensation is
selling. PAWS will force rescuers to choose between building a shelter
and limiting themselves to selling a total of 25 per year.
Nonprofit status does not matter and there is no way to write an
exception for rescue. What will actually happen is that incorporated
rescues will dissolve, leaving the various foster homes and rescuers to
do the best they can on their own. Unfortunately many shelters will
allow only incorporated groups to take animals.
Most home dog breeders will not be affected at first. However, PAWS
will make many breeders afraid to fight new bad laws. More of the state
and local breeder licensing laws that are proposed now will pass. Many
of these have one or two litter and 6 to 12 animal limits without
licensing; some require everyone selling a dog or cat to be licensed.
HSUS has said that they consider PAWS a first step. They've
also said that they believe all breeding of pets should be federally
licensed. If PAWS passes, steps two, three, (and so on) will be even
worse.
PAWS is said to be needed because of large and growing importing of
dogs and cats; this seems to be a complete untruth. It is also claimed
that growing use of the internet allows direct retail selling without
people being able to see how pets are bred and raised. This is true but
nobody is required to buy this way and the net allows asking many
questions and comparing sellers' answers. The *AKC* allows puppy
advertising on its web site; if they think it's bad, why are they doing
it?
There is almost no commercial selling of purebred cats. The real
purpose of the bill is to make it harder to breed cats and dogs at
home.
WE MUST BEAT PAWS. The bill is currently waiting for hearings in the
agriculture committees of Congress. Sen. Santorum plans to hold a Senate
agriculture subcommittee hearing after the August recess.
PAWS could pass in September or October.
The most important thing to do to beat PAWS is to call, write, or
visit your Senators and your Representative. Tell them you OPPOSE S.
1139 (the Senate bill) or H.R. 2269 (the identical House bill). Ask
friends, family, and animal businesses to do the same thing. PAWS will
be bad for dogs, bad for cats, bad for pet rescuers, bad for pet owners
(who will have fewer choices), and bad for our country.
An easy way to write your Congressmen is to go to:
www.congress.org
Click 'ignore this ad' near the center of the screen and type in your
zip code where they ask for it. They'll show you your three
congressmen;
Click 'e-mail', 'compose your own letter' and follow the directions
to enter your message.
Please Help!
Walt Hutchens
Timbreblue Whippets
THIS MAY BE FORWARDED, COPIED, OR ADAPTED AS
NECESSARY!
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