What does the bill do?
The Pet Animal Welfare Statute (PAWS), introduced by Representatives Jim Gerlach (R-PA) and Sam Farr (D-CA) in the U.S. House of Representatives and Senators Rick Santorum (R-PA) and Richard Durbin (D-IL) in the U.S. Senate, strengthens existing law covering commercial breeding facilities by amending the Animal Welfare Act (AWA). The PAWS legislation would require that any commercial breeder who sells more than six litters of dogs or cats, and produces more than 25 puppies or kittens, directly to the public in a year be licensed by the U.S. Department of Agriculture (USDA). The bill also allows for public access to source records for animals bred overseas and imported into the United States, extends the temporary suspension period for facilities with AWA violations from 21 days to 60 days, and gives the USDA direct authority to apply for injunctions.
Why is the bill necessary?
The PAWS bill is necessary because currently all commercial breeders of dogs and cats who sell their animals directly to the public avoid AWA licensing and humane handling requirements even when they are selling a large number of animals. The growing popularity of the Internet has created an unintentional loophole in the current law, allowing these commercial breeders to classify themselves "retail pet stores" and evade all federal oversight. As a result, raising animals in deplorable conditions and selling them to someone sight unseen has become even easier, and is a highly profitable business. These high volume dealers are commonly referred to as "puppy mills."
Some of the more technical aspects of the bill address a growing frustration that the enforcement of the AWA has been hampered by cumbersome procedures and limited resources. One great concern has been the growing number of breeders overseas who see the United States as a lucrative market for dogs, whom breeders can mass produce with no humane regulations or oversight. The public source records section of the bill will allow the USDA to determine the origin of dogs and cats coming into the United States and trace their pathway, allowing for better control of disease and inhumane treatment. Sections expanding the temporary suspension and giving the USDA the ability to enjoin breeding operations will enhance the USDA's enforcement capability, as well as focus on serious violations.
What types of dog and cat breeders are exempt from this bill?
Smaller breeders who do not produce more than six litters per year are excluded from coverage. As a result of this exemption, the majority of the American Kennel Club (AKC) members will not be affected by the PAWS bill. The AKC cites that two-thirds of its registrants have one litter of puppies one year, and then do not have a litter the following year. This bill will not regulate people who sell an occasional litter of puppies, but will give the USDA the opportunity to inspect and ensure humane treatment of animals at large facilities. The bill is carefully aimed at closing the current loophole in the AWA that allows commercial breeders who sell over the Internet to go unchecked.
How is PAWS different from the Puppy Protection Act from the 108th Congress?
The Puppy Protection Act (PPA) attempted to deal with several problems at puppy mills. That legislation, introduced on November 7, 2003 by Representatives Ed Whitfield (R-KY) and Sam Farr (D-CA), took an entirely different approach by outlining ways to strengthen humane standards for those animals already covered by the Animal Welfare Act. The PPA required:
- A limit on continual breeding;
- Development of appropriate regulations by the USDA to ensure that puppies were socialized before being sold to consumers; and
- Institution of a "three strikes and you're out" mechanism to encourage more aggressive enforcement for repeat offenders of the Animal Welfare Act.
Unfortunately, the prior legislation was opposed by the American Kennel Club, the American Veterinary Medical Association, and individual hobby breeders, and did not pass.
The new legislation, PAWS, takes a fresh look at the problem of large-scale, commercial breeding abuses, and is designed to close a serious loophole in the current law. A pattern of recent animal cruelty cases shows that one of the most serious problems across the country has been the emerging use of Internet sales to avoid federal oversight. Chilling cruelty cases, in which dogs required rescuing from unregulated breeders because the animals were dying from common medical problems and untreated diseases, spurred the introduction of the bill. This legislation will ensure that those posing as "pet stores" and selling animals directly to the public via the Internet are not allowed to evade federal oversight.
Will PAWS have a detrimental effect on rescue organizations or animal shelters?
No. Some commercial breeders and organizations who profit from the high-volume sale of dogs and cats are using scare tactics to confuse caring people in the rescue community into taking a position against the PAWS legislation. These groups claim that if the bill passes anyone who rescues more than 25 dogs a year will need a federal license. This is not true. We hope those who work to rescue animals will not be fooled by these tactics. To oppose the PAWS bill is to oppose improvements in the treatment of animals at large-scale commercial breeding operations.
The PAWS bill deals strictly with businesses who sell dogs and cats. Non-profit rescue groups who charge an adoption/donation fee are not selling animals. The bill covers commercial businesses breeding large volumes of animals (six or more litters per year) and selling them directly to the public. These businesses have thrived due in part to the exponential growth in the use of the Internet for commerce and because in most states, there is no oversight of such operations. These breeders' dogs are sold via the Internet, newspaper ads, and through other unregulated formats, so the first hint of a problem often comes when local law enforcement or animal control discovers that there are a large number of animals on site in extremely poor condition. Cruelty cases associated with unregulated breeders require local shelters and rescue organizations to step in and take in ill and unsocialized animals at their own expense. This problem threatens to bankrupt local organizations.
The broad support that the PAWS bill enjoys, from organizations that often have differing views on animal-related legislation such as the American Kennel Club and the American Veterinary Medical Association, is a testament to the fact that the PAWS bill is not overly restrictive and has been carefully crafted to regulate only those businesses that have exploited the loophole in federal law.
Animal welfare organizations like The Humane Society of the United States, Doris Day Animal League, and Society for Animal Protective Legislation—all of whom strongly support the bill—would never want to hamper the absolutely critical efforts and generosity of those who perform animal rescue and sheltering work. People who give of themselves to place dogs and cats in new homes and give those animals a second (or third or fourth) lease on life are unsung heroes. This scare tactic has been employed to divert attention away from the bad actors so sorely in need of oversight. The PAWS bill would close the loophole that has allowed large-scale commercial breeding operations to prosper without any agency ensuring that their animals are provided with basic humane care.
Rescue groups that respond to scare tactics and oppose the PAWS legislation are being duped into protecting the status quo in puppy mills, and are in effect opposing action that would make significant improvements in the lives of hundreds of thousands of dogs kept for breeding in puppy mills.
