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jbarile · 07-30-2005, 05:07 PM

Analysis of PAWS (SB1139/HR2669)
[Thursday, June 09, 2005]
-- Click here for more information about PAWS --

To help dog owners better understand the recently introduced PAWS legislation, please see the bill analysis below as prepared by Dr. James Holt, AKC's federal government relations consultant.

SECTION BY SECTION ANALYSIS OF S. 1139/H.R. 2669, THE "PET ANIMAL WELFARE STATUTE" (PAWS) INTRODUCED MAY 26, 2005.

Sec. 1. Short Title

This Act is named the "Pet Animal Welfare Statute of 2005".

Sec. 2. Definitions

This section rearranges the definitions in Section 2 of the Act to place them in alphabetical order, amends the definition of the term "dealer" and adds a definition of the term "retail pet store".

Analysis

Current law defines as a dealer any person who sells dogs for research, teaching, exhibition, or for use in hunting, breeding, security or as a pet and is not a "retail pet store", but does not define the term "retail pet store". The USDA,by regulation, defines a "retail pet store" as any person who sells dogs for hunting, breeding or security or use as a pet exclusively at retail. This regulatory interpretation has been challenged in court as overly broad, but has been upheld. The AKC participated as an amicus in defending the USDA's regulatory interpretation.

It is important to note that current law does not contain any exemption for hobby and show breeders. Hobby and show breeders are exempt from licensing based on the "retail pet store" statutory exemption, coupled with the USDA's regulatory interpretation that any person who sells dogs exclusively at retail is a retail pet store. Thus, hobby and show breeders are currently exempt from regulation solely by virtue of being classified as retail pet stores. While the USDA has interpreted the term retail pet store broadly in regulation for the more than 30 years since the enactment of this exemption, it is just a regulatory interpretation, and it could be changed simply by the USDA writing and justifying a new regulation.

When the current definition of dealer and the exemption for retail pet stores was enacted, the language did, as a practical matter, separate commercial from amateur breeders, because, as a practical matter, it was difficult to sell large numbers of puppies without resorting to selling at least some of them at wholesale. However, with the advent of the internet and mass media outlets, this is no longer true. The USDA, our own inspectors and fancy, and the animal welfare community are all now aware of large breeders who, by any reasonable definition of the term are commercial breeders, but who sell all of their animals at retail over the internet and/or through mass media. These breeders raise dozens, or even hundreds, of litters a year. Yet because all of the puppies are sold at retail, they evade any federal regulation. In the last few years, persons have begun importing increasing numbers of puppies for resale, also largely over the internet and/or through the mass media, although some auction houses and retail pet stores are also importing puppies directly for resale. Since these puppies are bred and raised overseas, and sold directly at retail by the importers, they are completely outside the legal reach of the USDA.

The section amends the definition of "dealer" to include persons who sell dogs at retail regardless of whether or not they bred any of the dogs or cats sold, unless the person is a retail pet store, narrowly defined, or a hobby or show breeder, narrowly defined. It brings under federal regulation persons who import dogs and/or sell dogs at retail who do not meet one of three exemption criteria: (1) they sell 25 or fewer dogs per year; (2) they sell only dogs or cats which they bred or raised on their own premises and whelp 6 or fewer litters per year; or, (3) they meet the statutory definition of a retail pet store. Note the use of the word "or" in the statute. A toy breeder, for example, who sells 25 or fewer dogs per year would not be a dealer, even if they whelped more than 6 litters.

To be defined as a dealer a person must sell dogs "in commerce, for compensation or profit". This language should exclude legitimate not-for-profit rescue groups, shelters, and the like. The language for defining such groups will have to be fleshed out in regulations, however the USDA currently exempts not-for-profits, and there is no reason to believe they will not continue to do so. On the other hand, we will want to advocate for covering organizations that make a profit from importing and/or selling dogs, even if they call themselves shelters or rescue organizations. (The AKC will need to be active in the regulation writing process.)

With respect to co-breeders and co-owners, the USDA defines as the seller of a dog the person who operates the premises from which the dog is sold, not other co-owners or co-breeders. Analogizing from current regulations, the puppies sold from the premises of each party would be attributed to that pary. Puppies sold from the premises of one co-breeder would not be attributed to the other co-breeder.

The amended definition will bring importers, internet retailers and other mass market retailers under regulation, an important goal for protecting purebred dogs. It also for the first time will give hobby and show breeders a specific statutory exemption, rather than having to rely on being classified as retail pet stores.

Sec. 3 Access to Source Records for Dogs and Cats.

This section amends Section 10 of the Act pertaining to required recordkeeping by adding a subsection requiring that all persons defined as "dealers" and "retail pet stores" prepare, retain and make available for inspection by the Secretary records of the name and address of all persons from whom each cat or dog is acquired and whether that person is required to be licensed under the Act.

Analysis

Section 10(a) [as redesignated by the PAWS] of the Act sets forth the authority of the Secretary to require dealers and exhibitors to prepare, retain, and produce upon request records set forth by the Secretary in regulations. Since this requirement applies
further reading please use link

http://www.akc.org/news/index.cfm?article_id=2525

07-30-2005, 05:07 PM	#5
jbarile Tilly & Sami Donating Member Join Date: Feb 2005 Location: Syracuse, Utah Posts: 1,133	Analysis of PAWS (SB1139/HR2669) [Thursday, June 09, 2005] -- Click here for more information about PAWS -- To help dog owners better understand the recently introduced PAWS legislation, please see the bill analysis below as prepared by Dr. James Holt, AKC's federal government relations consultant. SECTION BY SECTION ANALYSIS OF S. 1139/H.R. 2669, THE "PET ANIMAL WELFARE STATUTE" (PAWS) INTRODUCED MAY 26, 2005. Sec. 1. Short Title This Act is named the "Pet Animal Welfare Statute of 2005". Sec. 2. Definitions This section rearranges the definitions in Section 2 of the Act to place them in alphabetical order, amends the definition of the term "dealer" and adds a definition of the term "retail pet store". Analysis Current law defines as a dealer any person who sells dogs for research, teaching, exhibition, or for use in hunting, breeding, security or as a pet and is not a "retail pet store", but does not define the term "retail pet store". The USDA,by regulation, defines a "retail pet store" as any person who sells dogs for hunting, breeding or security or use as a pet exclusively at retail. This regulatory interpretation has been challenged in court as overly broad, but has been upheld. The AKC participated as an amicus in defending the USDA's regulatory interpretation. It is important to note that current law does not contain any exemption for hobby and show breeders. Hobby and show breeders are exempt from licensing based on the "retail pet store" statutory exemption, coupled with the USDA's regulatory interpretation that any person who sells dogs exclusively at retail is a retail pet store. Thus, hobby and show breeders are currently exempt from regulation solely by virtue of being classified as retail pet stores. While the USDA has interpreted the term retail pet store broadly in regulation for the more than 30 years since the enactment of this exemption, it is just a regulatory interpretation, and it could be changed simply by the USDA writing and justifying a new regulation. When the current definition of dealer and the exemption for retail pet stores was enacted, the language did, as a practical matter, separate commercial from amateur breeders, because, as a practical matter, it was difficult to sell large numbers of puppies without resorting to selling at least some of them at wholesale. However, with the advent of the internet and mass media outlets, this is no longer true. The USDA, our own inspectors and fancy, and the animal welfare community are all now aware of large breeders who, by any reasonable definition of the term are commercial breeders, but who sell all of their animals at retail over the internet and/or through mass media. These breeders raise dozens, or even hundreds, of litters a year. Yet because all of the puppies are sold at retail, they evade any federal regulation. In the last few years, persons have begun importing increasing numbers of puppies for resale, also largely over the internet and/or through the mass media, although some auction houses and retail pet stores are also importing puppies directly for resale. Since these puppies are bred and raised overseas, and sold directly at retail by the importers, they are completely outside the legal reach of the USDA. The section amends the definition of "dealer" to include persons who sell dogs at retail regardless of whether or not they bred any of the dogs or cats sold, unless the person is a retail pet store, narrowly defined, or a hobby or show breeder, narrowly defined. It brings under federal regulation persons who import dogs and/or sell dogs at retail who do not meet one of three exemption criteria: (1) they sell 25 or fewer dogs per year; (2) they sell only dogs or cats which they bred or raised on their own premises and whelp 6 or fewer litters per year; or, (3) they meet the statutory definition of a retail pet store. Note the use of the word "or" in the statute. A toy breeder, for example, who sells 25 or fewer dogs per year would not be a dealer, even if they whelped more than 6 litters. To be defined as a dealer a person must sell dogs "in commerce, for compensation or profit". This language should exclude legitimate not-for-profit rescue groups, shelters, and the like. The language for defining such groups will have to be fleshed out in regulations, however the USDA currently exempts not-for-profits, and there is no reason to believe they will not continue to do so. On the other hand, we will want to advocate for covering organizations that make a profit from importing and/or selling dogs, even if they call themselves shelters or rescue organizations. (The AKC will need to be active in the regulation writing process.) With respect to co-breeders and co-owners, the USDA defines as the seller of a dog the person who operates the premises from which the dog is sold, not other co-owners or co-breeders. Analogizing from current regulations, the puppies sold from the premises of each party would be attributed to that pary. Puppies sold from the premises of one co-breeder would not be attributed to the other co-breeder. The amended definition will bring importers, internet retailers and other mass market retailers under regulation, an important goal for protecting purebred dogs. It also for the first time will give hobby and show breeders a specific statutory exemption, rather than having to rely on being classified as retail pet stores. Sec. 3 Access to Source Records for Dogs and Cats. This section amends Section 10 of the Act pertaining to required recordkeeping by adding a subsection requiring that all persons defined as "dealers" and "retail pet stores" prepare, retain and make available for inspection by the Secretary records of the name and address of all persons from whom each cat or dog is acquired and whether that person is required to be licensed under the Act. Analysis Section 10(a) [as redesignated by the PAWS] of the Act sets forth the authority of the Secretary to require dealers and exhibitors to prepare, retain, and produce upon request records set forth by the Secretary in regulations. Since this requirement applies further reading please use link http://www.akc.org/news/index.cfm?article_id=2525 Last edited by jbarile; 07-30-2005 at 05:09 PM.