part 7 - Page 1

Exactly who will enforce this new High Volume Retail Breeder category is uncertain,
should it prove beyond the scope of APHIS: Given the multiple serious ongoing violations of
existing AWA dog breeder licensees as described in the OIG report, APHIS may not have
sufficient resources to oversee this new breeder classification. Given that current APHIS
resources are probably insufficient for enforcement of regulations pertaining to this new large
category, there are grounds for concern that oversight and enforcement may occur, formally or
informally, via one or more of the major animal welfare (“animal rights”) organizations. Not
only do these organizations lack scientific knowledge of animal husbandry to be able to
effectively oversee these regulations for the benefit of dogs owned by this new breeder
category, but such organizations might have hostile intentions towards certain sectors of the
breeding community.
Analysis: Exercise Requirements
PUPS would provide for new exercise requirements for already-licensed breeders as
well as for breeders in the new “High Volume Retail Breeder” category, as follows:
`(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection,
the Secretary shall promulgate standards covering dealers that include requirements for
the exercise of dogs at facilities owned or operated by a dealer, including exercise
regulations that ensure that--
`(A) each dog that is at least 12 weeks old (other than a female dog with
unweaned puppies) has daily access to exercise that--
`(i) allows the dog--
`(I) to move sufficiently to develop or maintain normal muscle tone
and mass as appropriate for the age, breed, sex, and reproductive
status of the dog; and
`(II) the ability to achieve a running stride; and
`(ii) is not a forced activity (other than a forced activity used for veterinary
treatment) or other physical activity that is repetitive, restrictive of other
activities, solitary, and goal-oriented;
`(B) the provided area for exercise--
`(i) is separate from the primary enclosure if the primary enclosure does
not provide sufficient space to achieve a running stride;
`(ii) has flooring that--
`(I) is sufficient to allow for the type of activity described in
subparagraph (A); and
`(II)(aa) is solid flooring; or
`(bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring-
`(AA) is safe for the breed, size, and age of the dog;
`(BB) is free from protruding sharp edges; and
`(CC) is designed so that the paw of the dog is unable to extend through or become caught in the
flooring;
`(iii) is cleaned at least once each day;
`(iv) is free of infestation by pests or vermin; and
`(v) is designed in a manner to prevent escape of the dogs.
Lack of definitions of terminology make requirements, as well as enforcement,
unclear, subjecting breeders to unwarranted citations: Two key phrases, “running stride”,
and “normal muscle tone and mass”, are not defined in the bill, and could be interpreted in a
number of ways without additional details. Licensed breeders would not know how to modify
their facility to provide for the fulfillment of these requirements, possibly placing the breeder in
violation of the amended AWA should their interpretation be different from that of an APHIS
inspector.
Lack of scientific justification that these exercise requirements are needed: Curiously,
“Exercise Requirements” as described in the PUPS Bill are nearly identical to those recommended
in the new American Veterinary Medical Association (AVMA) “Model Bill” and “Model Regulation