Would Call Out Feds On Many Non-Breeding Kennels

 

by JOHN YATES
American Sporting Dog Alliance

 

WASHINGTON, DC – The Humane Society of the United States is pushing new federal legislation that the radical animal rights group claims is aimed at stopping large dog breeding kennels that skirt the law.

 

According to HSUS, the legislation targets only kennels that sell more than 50 puppies a year. The bill’s sponsors, Senator Richard Durbin (D-IL) and Rep. Sam Farr (D-CA), repeat those claims.

 

They are lying through their teeth, an American Sporting Dog Alliance analysis of the actual legislation shows. In fact, the legislation targets almost every boarding, day care, training and handling kennel in America, along with many hunt clubs and hunting plantations. It also impacts many serious hobbyists, who have a lot of dogs even though they only raise a couple of litters of puppies a year, our analysis shows

 

Rep. Farr is the prime sponsor of H.R. 6949, and Sen. Durbin is the sponsor of its companion bill in the Senate, S. 3519. The formal name of this legislation is the “Puppy Uniform Protection Statute,” or “PUPS.” It also has been nicknamed “Baby’s Bill,” after a rescued dog from a commercial kennel that is touring the country with its owner, Chicagoan Jana Kohl. Kohl is on an HSUS-sponsored campaign against “puppy mills,” and has visited several states. Her recent book includes a photo of presidential candidate Barrack Obama, and his reported commitment to clamp down on “puppy mills.”

 

The legislation is an amendment to the federal Animal Welfare Act, which requires federal licensure of commercial kennels (called “dealers”) who sell puppies wholesale to brokers or pet stores. This law does not regulate people who sell dogs and puppies directly to the consumer.

 

HSUS calls this a “loophole,” and has been pushing for many years to include kennels that sell directly to the buyer. Previous attempts, such as the Pet Animal Welfare Act and Sen. Durbin’s attempted amendment to the 2008 Farm Bill, have failed.

 

The PUPS legislation is the latest attempt by HSUS.

 

Here is how HSUS describes the legislation: “The Humane Society of the United States and Humane Society Legislative Fund commend federal lawmakers for introducing bills that will crack down on abusive "puppy mills" in the United States — where breeding dogs are often stacked in wire cages for years to produce litter after litter. The legislation will close a loophole in the Animal Welfare Act that currently allows large, commercial breeders who sell puppies online and directly to the public to escape licensing and regulation.”

Here is the HSUS description of who will be affected: “All dog breeders who sell more than 50 puppies per year directly to the public will be federally licensed and inspected… The bill will not affect small breeders and hobby breeders who sell fewer than 50 dogs per year directly to the public, but is crafted to cover only the largest commercial breeding facilities.”

Press releases by Sen. Durbin, Rep. Farr and other members of Congress echo those claims.

Here is what the legislation actually says, in sections defining a dealer and who is exempt from licensure as a dealer.

A person or kennel owner who “does not breed or raise more than 50 dogs for use as pets during any one-year period” and who sells dogs or puppies “directly to the public for use as a pet” is exempt from regulation as a dealer. Any dog is defined as a “pet,” regardless of its use or prupose.

 

Also, a person who meets that definition does not require a federal license.

 

The words “breed or raise” are an obvious and deliberate attempt to snare many kennels and dog owners in federal regulations, including many kennels that do not breed at all. The language is very clouded and ambiguous, and could be interpreted to include virtually anyone who has a lot of dogs in a kennel.

 

The term “raise” is not defined in the legislation, but is generally interpreted to mean a person who keeps, cares for, houses or owns a dog or dogs.

 

Most professional trainers and handlers of field trial, show, obedience or performance dogs would have more than 50 dogs in their kennel over the course of a year. In fact, many trainers and handlers who have helpers keep this many dogs at any given time, and most do not breed at all.

 

A boarding kennel, dog day care center, hound hunt club, hunting plantation and dog walking service could be included under the term “raise.” Even many private field trialers and show dog people would have more than 50 dogs in a year, as they often keep most of the puppies they produce to evaluate. For field trial dogs, for example, it often takes two or three years of working with a young dog to determine if it is worthy to use for competition or breeding.

 

A favorite tactic of HSUS is to deliberately use ambiguity in model legislation in order to entrap as many kennels and dogs in the law as possible, if it is interpreted liberally. IF HSUS and its elected cronies had wanted to be honest, the legislation simply would say that it excludes anyone who sells fewer than 50 puppies a year.

It is obvious that truth is not their highest priority.

The HSUS propaganda mill for this legislation continues its attack on people who use the Internet to sell dogs or puppies. It attempts to link Internet sales with sick puppies and shoddy “puppy mills.”

In fact, almost all of America’s finest kennels in every breed have a presence on the Internet. Most have websites, and many run online advertisements to sell individual dogs and litters of puppies.

If anything, a good case could be made that it is almost impossible to buy a high quality puppy from a kennel that does not make use of the Internet. The Internet simply is a reality of modern life, and a reported 80-percent of American households use it.

This smear campaign is simply another attempt by HSUS to tar dog breeders with the broadest possible brush. At best, it shows complete ignorance of the real world of dogs. At worst, it shows a vicious attempt to defame honest and conscientious people who raise dogs.

HSUS is not an animal welfare organization. It has nothing to do with local humane societies. Instead, it is a political action and lobbying arm of the radical animal rights movement that continually pushes for tighter restrictions on animal ownership, with each piece of legislation making a step toward its ultimate goal, which is the total elimination of animal ownership in America.

Another section of the legislation requires all dogs kept in federally licensed kennels an hour of exercise a day, divided into at least two separate periods. Dogs would be removed from their primary enclosures and allowed to walk for these exercise periods.

The final section of the legislation specifically allows states to adopt more stringent standards.

While a member of the California Assembly, Farr also authored legislation to severely regulate dog breeding.

Co-sponsors of PUPS in the Senate are Sen. Dianne Feinstein [D-CA], Sen. Claire McCaskill [D-MO], and Sen. Ron Wyden [D-OR]. House co-sponsors are Reps. Judy Biggert (IL), Lois Capps (CA), Terry Everett (AL), Barney Frank (MA), Elton Gallegly (CA), Jim Gerlach (PA), Patrick Kennedy (RI), Mark Steven Kirk (IL), Daniel Lipinski (IL), Betty McCollum (MN), Thaddeus McCotter (MI), James McGovern (MA), Dennis Moore (KS), James Moran (VA), Patrick J. Murphy (PA), Jerrold Nadler (NY) and Janice Schakowsky (IL).

The American Sporting Dog Alliance is urging all dog and kennel owners to immediately contact their congressman and senator and ask them to vigorously oppose this legislation.

The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We welcome people who work with other breeds, too, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life.

 

The American Sporting Dog Alliance also needs your help so that we can continue to work to protect the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We are funded solely by the donations of our members, and maintain strict independence.

 

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The American Sporting Dog Alliance