Part 6 - Page 1

normally done for a fee, be interpreted as a “sale” under the language of this
bill, it would be very possible that such a rescue or shelter would construed as a “High Volume
Retail Breeder” under this bill. This would require these shelters and rescues to become licensed
as “High Volume Retail Breeders”, and meet all AWA requirements regarding facilities and care
of dogs. Additionally, purebred kennels occasionally need to be liquidated due to the sudden
death or disability of their owners, requiring emergency placement of their dogs. Often, other
recognized breeders, acting out of a sense of responsibility to their breed and concern for these
dogs, will step in and take temporary possession these dogs and then seek suitable homes for
them. Again, should they take ownership of bitches in whelp, or bitches with an unweaned litter,
the puppies later sold may quite easily put them over the “more than 50 puppies sold or offered
for sale” stipulation in this bill, requiring licensing as a “High Volume Retail Breeder”. This might
cause them financial and legal hardship if they were not previously required to be licensed under
the AWA.
Potential impact on kennels primarily selling dogs for working tasks instead of as
“pets”: The phrase “more than 50 of the offspring of such breeding female dogs for use as pets”
would seem to indicate that breeders raising dogs specifically for working roles (such as police
dog, guard dog, livestock guardian or herder, service dog, hunting dog as owned by a
professional, etc.) would be exempted from specifications of this bill. However, this
interpretation is probably not correct. Even the best breeder of “working dogs” produces a fair
number of puppies that simply would not make the grade as “working dogs”, and which are
therefore sold simply as “pets”, or sold to amateurs or hobbyists in these fields. Additionally, the
roles of “working dog” and “family pet” are often blurred. For example, a hunting dog or herding
dog may “work” only a portion of each year, and spend the remainder of the year as a personal
pet. There, a number of sales from these “working dog” kennels could well be included in the
“over 50 offspring” sold requirement and mandate licensing of their breeders.
Additional funding would be required by APHIS for enforcement of the AWA to include
the additional large category of “High Volume Retail Breeders”: Senator Durbin provided
for no new sources of funding for enforcement of these new provisions. Particularly when this
new breeder category licensing would go into effect, when pre-licensing inspections would be
required, APHIS inspectors would have a much greater workload in the past. Unless additional
funds can be found to support and train an additional number of APHIS inspectors that would be
required for enforcement, the time and attention of APHIS inspectors would be pulled away from
the problematic already-licensed breeders, as well as breeders who should be currently licensed
but aren’t, that were described in the OIG audit. There is no indication that the overall welfare of
breeding dogs would improve should APHIS focus on this new segment of AWA licensed
breeders, as stipulated in PUPS. To the contrary, in fact, should PUPS be enacted into law,
known problem licensed breeders with ongoing and multiple serious violations would receive less
APHIS attention then in the past, there would be no incentive for these problem breeders to
improve the care and treatment of their dogs.
Exactly who will enforce this new High