Federal part 5 - Page 1

Several
obvious conflicts arise when attempting to apply the specific kenneling standards contained in
the AWA to the typical residential home where most dogs owned by hobby breeders live. These
conflicts include:
1. The AWA requires that all walls, floors, and other surfaces that would be in direct contact
with the dogs must be of a substance “impervious to moisture”. Therefore, carpeting,
uncoated wood flooring, upholstered furniture, wallpaper, and fiber matting would
generally not be considered as acceptable surfaces in areas of the house in which the dogs
live. These materials, however, are extremely common in typical homes, including those
of hobby breeders who do not require licensing under the current law.10
2. Under the current AWA, “primary enclosure” surfaces and food and water bowls must be
sanitized at least once every two weeks using one of the following allowed methods of
cleaning: live steam under pressure; hot (minimum 180° F) water combined with soap or
detergent; and a professional mixture of detergent with disinfectant.11 These cleaning
methods are not readily available to a typical home owner, who maintains their dogs in
their residence. These methods may also not be necessary for use on a frequent basis for
an owner with only a small number of dogs living with the owner in his or her home.
3. The required size of primary enclosure is not in conformance with standard crate sizes for
home use. According to dog breeder regulations found in the AWA, a “primary enclosures”
(e.g., crate or pen) as defined must have the following square footage: (length of the dog
in inches + 6 inches) x (length of the dog in inches + 6 inches) / 144, with “length of the
dog” being measured from the tip of the dog’s nose to the base of the dog’s tail. In
addition, the required height of the enclosure must be at least 6 inches taller than the dog
when it is in a standing position.12 The results of these calculations provide for a much
larger crate size than standard sizes generally used in a home. While perfectly desirable
for dogs confined for long periods of time, such as at a professional kennel, these required
enclosure sizes do not take into account that a dog which resides in a home with humans
is typically crated only for a portion of the day, such as while the owners are at work.
Therefore, since dogs residing in their owners’ houses usually spend a regular portion of
each day outside their crates, these mandated crate sizes are unrealistic and unnecessary
for home use.
4. AWA regulations state that breeders are not to house their dogs with other species unless
the two species are “compatible.”13 Many hobby breeders house other mammalian and
non-mammalian species in their residence along with their dogs, in long-term safety and
harmony for all pets. Should the “primary enclosure” for these dogs be the owner’s
residence, shared with other species, it is unclear how an APHIS Inspector would view
these multi-pet species households.
Potential impact on the rescue and shelter community: While not specifically aimed at dog
rescues and shelters, there is no explicit exclusion made for breed rescues, private shelters, or
public shelters from the regulations detailed in PUPS. It is very common for dog rescuers to take
possession of bitches in whelp, or bitches with an unweaned litter of puppies, with the goal of
adoption of the puppies and the dam once the puppies are weaned. Should such a rescue or
shelter place more than 50 puppies a year from bitches over which they have possession, and
should “adoption”, normally done fo