[Jeff Stanley]

Permission to cross post from Peggy Mickelson (AKC Judge)
From: Peggy Mickelson
Subject: some of us are still breeding dogs, so....

This is a WAKE UP CALL for all dog breeders in the US. The Animal
Right's faction is making good headway in the US...read it and don't say
"...It can't happen to me.."


U.S. Court Judge Rules In USDA/DDAL Case
August 3, 2001

U.S. District Court Judge Colleen Kollar-Kotelly on July 30, 2001
handed down a decision invalidating the U.S. Department of
Agriculture' longstanding regulation exempting retail sellers of dogs from
Federal regulation. The decision came in a lawsuit filed by the
Doris Day Animal League (DDAL) and several other plaintiffs against the
Department challenging the Department's interpretation of the federal
Animal Welfare Act. The judge also refused to consider amicus curiae
briefs in support of the Department of Agriculture's position filed by the
American Kennel Club (AKC) and others.

The judge's ruling, if not overturned, will require a huge expansion
in the U.S. Department of Agriculture's licensing and inspection
activities, and deal a devastating blow to non-commercial hobby and show
dog breeders. The ruling could potentially require every person who sells a
dog or cat for any reason to obtain a federal license and submit to federal
regulations. The AKC pointed out in its brief that this could expand
Federal licensing under the Animal Welfare Act from the current level of about
10,000 entities to several hundred thousands entities. The AKC estimated that
based on AKC registration data alone, nearly 300,000 persons could be required to
be licensed. More importantly, the AKC argued, it was clearly not the intent
of Congress in enacting the Animal Welfare Act to regulate non-commercial
hobby and show breeders, and that to make the sport of purebred dogs into a
federally regulated activity would undermine the very nature of the sport.

Government attorneys are studying the opinion, and will decide over
the next few weeks whether to appeal it. The AKC will strongly urge an
appeal. One factor that is likely to weigh strongly in a decision to appeal is
that the wording of the opinion is so sweeping that, if left standing, it
could significantly limit the government's latitude for exercising discretion
in all federal regulatory matters. The AKC is also evaluating other
avenues for mitigating the adverse impact of the ruling on hobby and show
breeders and is discussing the impact of the ruling with members of
Congress.


Permission (and I urge you) to cross post