Federal part 3 - Page 1

In addition, Durbin’s bill “also requires that dogs in
commercial breeding facilities have appropriate space and opportunity for regular exercise”
according to his press release, yet nowhere in the OIG report is the need for additional
regulations to address this “lack of space and opportunity for regular exercise” mentioned! As
documented in the OIG report, the USDA already finds itself hard-pressed to enforce the existing
AWA regulations. Should Durbin’s PUPS pass, the USDA would be forced to use its limited
resources to inspect and license an entirely new segment of breeders, pulling time, money, and
attention away from these repeat AWA violators, as detailed in the OIG report. It is clear that
this bill would not improve care and treatment of dogs found in these substandard facilities
which are already in violation of the AWA.
Analysis: New “High Volume Retail Breeder” category
New breeder category to be licensed under the AWA: PUPS would provide for a new
category of breeder, "High Volume Retail Breeder", as one needing USDA licensing under the
AWA, and defined on the basis of ownership interests in one or more “breeding female dogs”,
and sales by any means of more than 50 of the offspring of these “breeding female dogs” in any
1-year period:
(B) HIGH VOLUME RETAIL BREEDER- The term ‘high volume retail breeder' means a person
who, in commerce, for compensation or profit--
`(i) has an ownership interest in or custody of 1 or more breeding female dogs; and
`(ii) sells or offers for sale, via any means of conveyance (including the Internet, telephone,
or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets
in any 1-year period.
"Breeding female dogs" is defined as follows:
`(A) BREEDING FEMALE DOG- The term `breeding female dog' means an intact female dog
aged 4 months or older.
In other words, any breeder who owns (or co-owns) one or more intact bitches over four months
of age, and – with the total sum of such bitches owned or co-owned – produces more than 50
puppies in any one year period, must now be licensed under the AWA.
Co-ownership questions: PUPS would open up a very onerous situation for many of the best
purebred dog breeders of the American Kennel Club (AKC), United Kennel Club (UKC), and other
major purebred dog registries, where co-ownership of valuable animals is not only accepted, but
encouraged. These co-owned bitches do not normally live in the home of the breeder, yet their
offspring would count towards the 50 puppies required for licensing. Even worse, it is very
possible that these breeders would, under PUPS, be made responsible for the care and
conditions provided for co-owned bitches and their litters residing in distant states from the
breeder. Without doubt, this would set up excessive liability for these breeders, and force a
reassessment of the entire co-ownership concept, to the detriment of the breeders, the
registries, and the dogs themselves.
Definition of “breeding female dog”: Also unsettling is how a “breeding female dog” is
defined to be such at four months of age, if intact. With rare exception, bitches four months of
age or younger are not biologically capable of being bred, therefore, the use of this age is not
scientifically supportable. Additionally, "breeding females" would include puppies not intended to
be bred until a more mature age; young bitches left intact until a better evaluation of their
working talents could be made; elderly intact bitches well past a breedable age; bitches left
intact for reasons