WAKE UP CALL....Federal regulation

[kf7cg]

Phoenix,

You have a very good point and you have pointed up what is the largest problem with what is being discussed.

It is not legislation. It is inappropriate bureaucratic regulation being forced by judicial fiat, prompted by that which shall not be named.

[Vicki]

Here's the press release from the other side:

DORIS DAY ANIMAL LEAGUE WINS SUIT MANDATING
THAT THE UNITED STATES DEPARTMENT OF
AGRICULTURE (USDA) REGULATE "PUPPY MILLS"

PLAINTIFFS CHARGED THAT USDA’S ACTIONS
ALLOW IRRESPONSIBLE DOG BREEDERS TO CAUSE
ILLNESS, INJURY AND DEATH TO TENS OF
THOUSANDS OF PUPPIES AND TO SPREAD
NUMEROUS ANIMAL DISEASES

WASHINGTON D.C. (August 8, 2000) -- The Doris Day
Animal League (DDAL) and several other animal
protection organizations and concerned citizens won their
suit against the USDA in the United States District Court,
District of Columbia.

The suit charged USDA with failing to halt cruel and
inhumane practices in "puppy mills" throughout the United
States. The plaintiffs challenged USDA’s illegal actions in
exempting all commercial retail dealers, including puppy
mills, from compliance with the humane treatment
standards mandated under the Animal Welfare Act
(AWA). The suit detailed how the agency’s violations of
the AWA have led to the injury, illness, and death of
untold thousands of puppies and other pets.

Each year American consumers purchase countless
numbers of puppies through unregulated dealers who sell
animals from their own premises. Numerous investigative
reports have detailed the horrendous and inhumane
conditions in many of these unregulated facilities.
Thirty-five years ago, Congress passed the AWA, in part
to ensure that dog breeders provide humane treatment to
animals in their care. Requirements include adequate
housing, ample food and water, reasonable handling,
basic disease prevention, decent sanitation and sufficient
ventilation. Despite these statutory requirements, the
USDA has consistently violated the Animal Welfare Act by
exempting all commercial retail dealers from compliance
with these basic requirements, including dealers of
hunting, breeding, and security dogs.

The Court ruled for the plaintiffs based upon the merits of
the case. Agreeing with the plaintiffs, the Court explained
that USDA’s exclusion of all retail dealers who sell dogs
and cats from their own premises is in violation of
Congress’ express intent under the AWA. As a result of
this decision, USDA is now responsible for issuing new
regulations to regulate commercial retail dealers who
raise and sell dogs and cats for use as pets from their
own premises. USDA will also have to determine whether
to finalize its proposed rule/policy excluding retail dealers
of hunting, breeding, and security dogs from the AWA in
light of this decision and the overwhelming comments
submitted against it.

Doris Day stated, "It has been a long struggle to get the
most basic care for the dogs, and we’re heartened that
the courts made the humane ruling. It’s time for all dogs
used in the breeding industry to be afforded basic care."

DDAL Executive Director, Holly Hazard, commenting on
the decision, stated, "For several years we’ve contended
that USDA has simply ignored the explicit language in the
Animal Welfare Act providing for minimum protection for
these animals. It’s time the agency expedited a proposed
ruling to give coverage to all breeders of puppies the
Congress intended the USDA to regulate. We look
forward to fast action by the agency to come into
compliance with the Federal court’s decision."

[German Vanegas]

Originally posted by Soapie&Buddy'sMom:<STRONG> So...it's better to have a society where anyone and everyone can indiscriminately breed dogs/???? </STRONG>

Oh no! You're right. We do need SENSIBLE dog legislation. However, USDA regulations are doing nothing to improve dog breeding, that's the big difference ;)

Originally posted by Soapie&Buddy'sMom:<STRONG> And...since the AKC qualify Kimbertal dogs, people like to get them? And thus if the USDA also qualifies the Kimbertal dog, they will flourish, eliminating the ethical breeder??? </STRONG>

Although I agree that the American Kennel Club AKC could do better to control dog breeding, let's us not forget that they are a dog registry and not a breed warden. Albeit, I wish they were more willing to stop backyard breeding. Therefore, in all fairness, AKC does not qualify "Kimbertal", they register purebred dogs ;) However, USDA regulations would give "Kimbertal" a government seal of approval, you see: "USDA INSPECTED AND APPROVED"... Or better yet: "In God we trust" ;)

Originally posted by Soapie&Buddy'sMom:<STRONG> I think I'm beginning to get it. </STRONG>

Alright!!! That's the whole idea ;)

[Marie N.]

Does anyone know what the USDA regulations require? My friends recently were sited because they as a licensed kennel had dogs intheir house. First their is no provision for crating dogs when you have company so "primary enclosures" were too small.
700 crates... Then their hosu did not have exhaust fans required in the regulations, mine doesn't either. Dog breeding will end up being done only by commercial kennels who are already USDA like the ones we don't like. People who have their dogs in the house as pets will not be able to breed. There will be a lot of killimg of newborn pups to avoid fines. I foresee this as a boon for commercial kennels.

[kf7cg]

As I was saying, the USDA is for commercial agriculture. I have worked as a 4H Dog Care and Dog Training advisor. 4H is sponsored by the USDA and we have to work to keep the dog portions from becoming dog business. The program teaches many good things for dog care and dog training, but the official literature makes no mention of dogs as house pets and always has an under-current of costs. It is as though some of the program were borrowed from the pig, sheep, or beef programs.

I am not surprised at the citing for a dog being in the house, and the like. A house is not a proper business establishment. A home is too multi-purpose. Commercial mentalities especially government ones can not understand labors of love. A further complication is that with litigious groups involved the USDA can make no exceptions for anyone.

I am sorry, I must put the responsibility for eliminating the bad retail breeders on the buying public. The definitions of these formerly exempted breeders required that they sell from their breeding location. If the conditions are bad, the buyer should just say no and report the breeder to the local law! If educated, this is quick, and effective.