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HSUS & FEDERAL “PUPS” LEGISLATION

 

HSUS Lies To Congress About New PUPS Legislation Which Would Call Out Feds On Many Non-Breeding Kennels

 

October 2008 |TheDogPress.com

JOHN YATES, ASDA

 

The Humane Society of the United States (HSUS) is pushing new federal legislation that the radical Animal Rights ii group claims is aimed at stopping large dog breeding kennels that skirt the law.

 

According to HSUS, the legislation targets only kennels that sell more than 50 puppies a year. The bill's sponsors, Senator Richard Durbin (D-IL) and Rep. Sam Farr (D-CA), repeat those claims.  Editor's Note, HSUS, Durbin & Farr don't take "NO" for an answer, they laid low, then reintroduced PUPS again in 2010 (ref #1).

 

They are lying through their teeth, an American Sporting Dog Alliance analysis of the actual legislation shows. In fact, the legislation targets almost every boarding, day care, training and handling kennel in America, along with many hunt clubs and hunting plantations. It also impacts many serious hobbyists, who have a lot of dogs even though they only raise a couple of litters of puppies a year.

 

Rep. Farr is the prime sponsor of H.R. 6949, and Sen. Durbin is the sponsor of its companion bill in the Senate, S. 3519. The formal name of this legislation is the "Puppy Uniform Protection Statute," or "PUPS." It also has been nicknamed "Baby's Bill," after a rescued dog from a commercial kennel that is touring the country with its owner, Chicagoan Jana Kohl. Kohl is on an HSUS-sponsored campaign against "puppy mills," and has visited several states. Her recent book includes a photo of presidential candidate Barrack Obama, and his reported commitment to clamp down on "puppy mills."

 

The legislation is an amendment to the federal Animal Welfare Act, which requires federal  licensure of commercial kennels (called "dealers") who sell puppies wholesale to brokers or pet stores. This law does not regulate people who sell dogs and puppies directly to the consumer.

 

HSUS calls this a "loophole," and has been pushing for many years to include kennels that sell directly to the buyer. Previous attempts, such as the Pet Animal Welfare Act and Sen. Durbin's attempted amendment to the 2008 Farm Bill, have failed.  The PUPS legislation is the latest attempt by HSUS.

 

Here is how HSUS describes the legislation: "The Humane Society of the United States and Humane Society Legislative Fund commend federal lawmakers for introducing bills that will crack down on abusive "puppy mills" in the United States — where breeding dogs are often stacked in wire cages for years to produce litter after litter. The legislation will close a loophole in the Animal Welfare Act that currently allows large, commercial breeders who sell puppies online and directly to the public to escape licensing and regulation."

 

Here is the HSUS description of who will be affected: "All dog breeders who sell more than 50 puppies per year directly to the public will be federally licensed and inspected…The bill will not affect small breeders and hobby breeders who sell fewer than 50 dogs per year directly to the public, but is crafted to cover only the largest commercial breeding facilities."

Press releases by Sen. Durbin, Rep. Farr and other members of Congress echo those claims.

Here is what the legislation actually says, in sections defining a dealer and who is exempt from licensure as a dealer.

A person or kennel owner who "does not breed or raise more than 50 dogs for use as pets during any one-year period" and who sells dogs or puppies "directly to the public for use as a pet" is exempt from licensure and regulation as a dealer. Any dog is defined by the Act as a pet, regardless of its use or purpose. Thus, a person who meets that definition does not require a federal license.

 

The words "breed or raise" are an obvious and deliberate attempt to snare many kennel and dog owners in federal regulations, including many kennels that do not breed at all. The language is very ambiguous and could be interpreted to include virtually anyone who has a lot of dogs.

The term "raise" is not defined in the legislation, but is generally interpreted to mean a person who keeps, cares for, houses or owns a dog or dogs.

Most professional trainers and handlers of field trial, show, obedience or performance dogs would have more than 50 dogs in their kennels over the course of a year. In fact, many trainers and handlers who employ helpers would have more than 50 dogs at any given time, and most do not breed at all.

 

A boarding kennel, dog daycare service, hound hunt club, hunting plantation or circus could be included under a definition that they "raise" more than 50 dogs per year. Even many private field trailers and show dog people would have more than 50 dogs a year in their kennels, as they often keep most of the puppies they produce to evaluate. For field trial dogs, for example, it often takes two or three years of working with a young dog to determine if it is worthy to use for competition or breeding.

A favorite tactic of HSUS is to deliberately use ambiguity in model legislation in order to entrap as many kennels and dogs in the law as possible, going far beyond the stated purpose. If HSUS and its elected cronies had wanted to be honest, the legislation simply would say that it excludes anyone who sells fewer than 50 puppies a year.

It is obvious that truth is not their highest priority.  The HSUS propaganda mill for this legislation continues to attack people who use the Internet to sell dogs or puppies. It attempts to link Internet sales with sick puppies and shoddy "puppy mills."

 

In fact, almost all of America's finest kennels in every breed have a presence on the Internet. Most have websites, and many run online advertisements to sell individual dogs and litters of puppies.  If anything, a good case could be made that it is almost impossible to buy a high quality puppy from a kennel that does not make use of the Internet. The Internet simply is a reality of modern life, and a reported 80-percent of American households use it.

 

This smear campaign is simply another attempt by HSUS to tar dog breeders with the broadest possible brush. At best, it shows complete ignorance of the real world of dogs. At worst, it shows a vicious attempt to defame honest and conscientious people who raise dogs.

 

HSUS is not an animal welfare organization. It has nothing to do with local humane societies. Instead, it is a political action and lobbying arm of the radical animal rights movement that continually pushes for tighter restrictions on animal ownership, with each piece of legislation making a step toward its ultimate goal, which is the total elimination of animal ownership in America.

 

Another section of the Animal Rights ii legislation requires all dogs kept in federally licensed kennels an hour of exercise a day, divided into at least two separate periods. Dogs would be removed from their primary enclosures and allowed to walk for these exercise periods.

 

The final section of the legislation specifically allows states to adopt more stringent standards.  While a member of the California Assembly, Farr also authored legislation to severely regulate dog breeding.

 

Co-sponsors of PUPS in the Senate are Sen. Dianne Feinstein [D-CA],  Sen. Claire McCaskill [D-MO], and Sen. Ron Wyden [D-OR]. House co-sponsors are Reps. Judy Biggert (IL), Lois Capps (CA), Terry Everett (AL, Barney Frank (MA), Elton Gallegly (CA), Jim Gerlach (PA), Patrick Kennedy (RI), Mark Steven Kirk (IL), Daniel Lipinski (IL), Betty McCollum (MN), Thaddeus McCotter (MI), James McGovern (MA), Dennis Moore (KS), James Moran (VA), Patrick J. Murphy (PA), Jerrold Nadler (NY) and Janice Schakowsky (IL).

 

The American Sporting Dog Alliance is urging all dog and kennel owners to immediately contact their congressman and senator and ask them to vigorously oppose this legislation.  Here is a link for contact information for senators:
http://www.senate. gov/


Here is a link to contact information for the House of Representatives: http://www.house.gov/house/MemberWWW.shtml.

 

The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We welcome people who work with other breeds too, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life.

 

Editor: John Yates died Sept. 2009.  He was my friend and newspaper colleague, a fighter who won many battles on behalf of all dog owners but lung cancer took him swiftly.  When I talked to John in the hospital, he was in good spirits and optimistic the "tests and x-rays" would be okay.  Photo and John Yates Obituary by his wife Donna Yates.  John was Founder and Executive Director American Sporting Dog Alliance

 

 

 

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