Part 9 - Page 1

Analysis: Section 3, Regulations to be later promulgated
Exact methodology of enforcement unknown at the time of the bill’s passage: PUPS
Section 3, Regulations, states:
Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate
any regulations that the Secretary determines to be necessary to implement this Act and the amendments
made by this Act.
It is not uncommon for bills to be passed in summary form, with the exact regulations and
enforcement to be clarified at a later date by administrative rule or other non-legislative means.
However, with this bill, there is great concern within the dog breeding community that specific
methodologies of enforcement as later written would prove unworkable for a large number of
breeders, forcing them to give up their hobby or livelihood.
Final Thoughts
There is no doubt that Senator Durbin had good intentions in the introduction of PUPS. However,
there is also no reason to believe that animal welfare would be improved should the current AWA
be amended by the new regulations contained in PUPS. More likely, with reduced APHIS
attention spent on known licensee violators, additional serious violations would occur among the
“problematic breeders” who are already licensed under current AWA provisions. The result would
be higher numbers of dogs becoming ill or injured, or even dying, while under the care of these
substandard breeders. New licensing requirements for home hobby breeders would drive many
of them away from this pursuit, lowering numbers of quality purposefully bred puppies available
for the American public. It would become increasingly more difficult for a pet purchaser to obtain
a healthy, socialized puppy of known pedigree, since the numbers of unregulated and
“underground” breeders, producing puppies of questionable health and temperament, would
proliferate, as would sources of “random bred” puppies. Potential negative implications from this
bill exist also for kennels producing dogs for professionals, and even for the rescue community.
Finally, the bill’s provisions show neither an application nor understanding of scientific animal
husbandry principles. Therefore, this bill must be opposed in its entirety.
Citations
1 Puppy Uniform Protection and Safety Act, S.3424. Introduced May 25, 2010. United States Library of Congress
THOMAS.
2 9 CFR Ch. I (1–1–08 Edition) § 2.1(3)(vii) “Any person who breeds and raises domestic pet animals for direct retail sales to
another person for the buyer’s own use and who buys no animals for resale and who sells no animals to a research facility, an
exhibitor, a dealer, or a pet store (e.g., a purebred dog or cat fancier) and is not otherwise required to obtain a license.”
3 9 CFR Ch. I (1–1–08 Edition) § 2.1 (3)(ii) “Any person who sells or negotiates the sale or purchase of any animal except wild or
exotic animals, dogs, or cats, and who derives no more than $500 gross income from the sale of such animals to a research facility,
an exhibitor, a dealer, or a pet store during any calendar year and is not otherwise required to obtain a license.”
4 9 CFR Ch. I (1–1–08 Edition) § 2.1(3) (iii) “Any person who maintains a total of three (3) or fewer breeding female dogs, cats,
and/or small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who
sells only the offspring of these dogs, cats, or small exotic or wild mammals, which were born and raised on his or her premises, for
pets or exhibition, and is not otherwise required to obtain a license.