Big Paws Only Dog Forums
BPO Legislation Forum => Bills & Other Legislative Acts => : RedyreRottweilers July 22, 2005, 06:01:47 PM
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PLEASE CROSSPOST AND DISTRIBUTE AS WIDELY AS POSSIBLE.....
A new list has been created to organize this march.
It is going to be in each capitol and maybe even in each city nationwide on a date that is yet to be decided.
We need doers.
This is not a free ride list.
JOIN US.....
FIGHT FOR YOUR RIGHTS!!!!
http://groups.yahoo.com/group/NATIONWIDEDOGMARCH/
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Pardon my ignorance, but what is PAWS? I did a search and 5 or 6 completely different organizations popped up and they all looked like animal shelters or something...?
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There is a very bad bill pending in Congress. PAWS
was originally proposed by animal rights (AR)
organizations to, ostensibly, get rid of
"puppy mills" but, if it passes, it will insure that
eventually most, probably almost all, pure-bred and/or
working dogs will come from commercial
breeders, i.e. those very puppy mills. It will make
pure-bred cat breeding impossible and will also make
rescue prohibitively expensive. PAWS is an
extremely bad bill!! If you love your animals, oppose
it vigorously!
PAWS, as written, is confusing, arbitrary and NO ONE
knows for sure exactly what all of its provisions will
mean for animal owners in the US but it will be bad.
The pet-law list has been running 100-200 mails a day
about PAWS for two months, and still there is no
consensus about precisely what its provisions will
mean except that what the HSUS and the AKC are saying
about it is not true. (BTW, the AKC, without whose
support this bill would not pass, infuriated most of
its members by presenting AKC support for this bill as
a fait accompli with no discussion among its members -
but then corporate AKC will make a lot of money if
this bill passes while the dog owners they are
supposed to represent will lose. The AKC even changed
its historic mission statement to reflect this
change in their priorities.)
I must admit that my head is spinning as I try to
figure out what this law will actually mean to me and
other people but I have already determined
that, even though I breed a litter of puppies no more
than every four years, still there are at least 4 ways
that I will lose my exemption as a small breeder and I
will have to comply with the USDA regulations which
will be impossibly costly and absolutely inimical to
the rearing of good home-raised hounds.
Lawyers and people who have much legislative
experience are as confused about this law as the rest
of us (and this is even before the bureaucrats who
will enforce it get involved!) But certain things are
becoming apparent. Rescue groups are claiming that
they will be exempt but that is not true unless the
bill is rewritten. PAWS, if enforced, will devastate
rescue in this country. Pure-bred cat breeding will
almost cease to exist and the hobby breeders of dogs
(the good show and working dog people who produce the
best animals) will not fare much better. And now it
is becoming apparent that many home breeders of
rabbits, guinea pigs and other pets will also be badly
affected.
This bill was hatched when the Doris Day Animal League
- an animal rights, not an animal welfare,
organization - lost a lawsuit (DDAL v. Veneman).
They were trying to force the USDA to regulate
everyone who breeds any animals, not just the large
commercial breeders who are already covered by the
Animal Welfare Act (AWA). They lost that lawsuit
because the courts concluded that Congress had no
intent to regulate hobby breeders under the AWA. This
new bill WILL DEFINITELY ESTABLISH THAT INTENT and,
while its provisions are already bad enough, I am sure
that the DDAL and other AR groups are already
preparing a lawsuit to file if PAWS passes which will
try to eliminate the few exemptions small breeders can
claim under PAWS. They will have an excellent chance
of winning that lawsuit.
This bill radically changes the federal government's
relationship with animals in the US. PAWS is not
about animal cruelty, neglect or puppy mills. "Puppy
mills", i.e.commercial breeders, are already very well
covered under the AWA. If the AWA were properly
enforced, all those abuses decried by the AR groups
(and mourned by us all) would not exist.
And, in addition, every state, county and municipality
in this country already has laws regarding cruelty and
neglect.
Animal rights groups want to control and possibility
eliminate your relationship with your animals and PAWS
is a crucial first step for them.
Do a deep background search on what some of the more
extreme people behind AR actually think and want to
implement or let me know and I will send you a list of
verified quotes that will chill your soul. Many of
the leaders of the AR movement are envisioning a
future where we will ALL be petless vegans and the
only animals will be ones that can survive in the
wild. They won't get that far, of course, but in the
meantime they may inflict a lot of damage. PAWS is
definitely part of that damage.
Please do whatever you can do to stop his bill which
creates another huge intrusion by the federal
government into our lives and threatens our
futures with our animals.
Call and write your Senator. In the Senate, PAWS is
S.1139. Also call the Senate Agriculture Committee
(202) 224.2035 and the Senate Appropriations Committee
(202) 224-5270 to let them know you oppose
S.1139.
Call your Representative . In the House, PAWS is HB
2669. Also call the House Agriculture Committee
(202) 225-2171.
Check the links below for more information and more
ways you can oppose PAWS.
Thanks for listening,
Geraldine
Websites with PAWS info and how to fight it:
http://www.pet-law.com/index.html
http://saova.org/1139.html
http://www.dfow.org/paws.htm
http://ncraoa.com/alerts.html
Permission to crosspost
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Animal Advocacy Organizations Opposing S1139/HR2669
(PAWS)
National Groups
Pet Industry Joint Advisory Council
Sportsmen's and Animal Owners' Voting Alliance
Cat Fanciers' Association
The Animal Council
National Animal Interest Alliance
American Dog Owners' Association
United Kennel Club
Master of Fox Hounds Association
The International Cat Association
American Dog Breeders Association
The International Bengal Cat Society
U.S. Sportsmen's Alliance
National Birman Fanciers (CFA)
White Shetland Sheepdog Association
Ocicats International
The Devon Rex Breed Club
AKC Parent Breed Clubs
American Brittany Club
American Shetland Sheepdog Association
American Chesapeake Club
German Shorthaired Pointer Club of America
American Pomeranian Club
Papillon Club of America
Dachshund Club of America
Pug Dog Club of America
English Springer Spaniel Field Trial Association
Statewide Groups
Virginia Hunting Dog Owners' Association
Dog Federation of Wisconsin
California Federation of Dog Clubs
North Carolina Federation of Dog Clubs
Missouri Federation of Animal Owners
Responsible Pet Owners Alliance (Texas)
North Carolina Responsible Animal Owners' Alliance
North Carolina Coon Hunters Association
North Carolina Sporting Dogs Association
North Carolina Bear Hunters Association
Federation of Maine Dog Clubs
Virginia Bear Hunters Association
Responsible Animal Owners of Tennessee
Illinois Federation of Outdoor Resources
Professional Pet Association (MO)
Sporting Dog Association of Missouri
PUFF (Pfanciers United For Fun, Inc.) (Midwest)
North Carolina Field Trial Association
CT Dogs (CT)
Massachusetts Federation of Dog Clubs
Missouri Pet Breeders Association
Amateur Field Trial Clubs of America - Region 12 (AZ &
NM)
Amateur Field Trial Clubs of America - Region 7 (TX)
Nebraska Brittany Club
Local Groups
Carolina Kennel Club, Inc. (NC)
Alliance of Responsible Pet Owners of N.E. Florida
Greater Clark County Kennel Club (WA)
Schooley's Mountain Kennel Club (NJ)
Ladies' Dog Club, Inc. (MA)
Asheville Kennel Club (NC)
Jacksonville NC Kennel Club
Central Carolina Dachshund Club (NC)
Greater Orange Park Dog Club, Inc (FL)
Clermont County Kennel Club (OH)
Piedmont Kennel Club (NC)
The Dalmatian Club of the Piedmont (NC)
Springfield Kennel Club (MA)
Burlington Cat Fanciers (NC)
Tropical Cats Inc. (FL)
Western Clinton Sportsmen's Association (PA)
New Brunswick Kennel Club (NJ)
North Shore Kennel Club (MA)
Thunderkatz, Inc. (OK)
Wachusett Kennel Club (MA)
St. Croix Valley Brittany Club (MN)
Kalamazoo Kennel Club (MI)
Fanciers Cocker Spaniel Club of Southern WI
Jacksonville Dog Fanciers Association (FL)
Susquehanna Brittany Club (PA)
Salisbury Kennel Club (NC)
LNC Pet Supply (CA)
Memphis International Cat Enthusiasts (TN)
East of Eden Cat Fanciers (CA)
Colonial Shetland Sheepdog Club (MA)
Western Massachusetts Shetland Sheepdog Club
Greater Fort Myers Dog Club (FL)
Capitol City Cocker Club (DC)
Sunshine Dachshund Club of Jacksonville (FL)
Absolutely Abyssinians Cat Club (FL)
Sawnee Mountain Kennel Club (GA)
Eugene Kennel Club (OR)
Salt Lake Doberman Pinscher Club (UT)
Cochise Bird Dog Club (AZ)
Blue Ridge P.E.T.S.(Pets in Education and Therapy
Service) (VA)
German Shorthaired Pointer Club of Central Virginia
Sacramento Bird Dog Club (CA)
Rescues
Turkish Van Breed Rescue
Lhasa Apso Southern Rescue, Inc. (MS)
Great Dane Rescue of Northeast Florida
Jacksonville Sheltie Rescue (FL)
North American Shar-Pei Rescue
Pug Rescue of North Carolina, Inc.
Wisconsin Cocker Rescue
Birman Breed Rescue
New England Sheltie Rescue
Devon Rex Rescue League, Inc.
Animal Safe Haven Foundation (CA)
Bay Area Boxer Rescue (CA)
Dalmatian Rescue of Southwest Virginia
CFA Purebred Rescue, Inc.
KitnHevn Rescue, Inc. (FL & OH)
Halfpint Haven Borzoi and Greyhound Rescue, Inc. (FL)
Louisiana Brittany Rescue
Golden Retriever Rescue of Mid-Florida
Bulldog Club of America Rescue Network
Lancaster Area Poodle Rescue (PA)
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Those FOR the PAWS bill:
AMERICAN KENNEL CLUB
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CALL and voice your opposition to the Senate Agricultural Committee.
202-224-2035
When the person answers, say "I am calling to voice my opposition to S1139, the PAWS bill.
CALL and voice your opposition to the House Agricultural Committee
202-225-2171
When the person answers, say "I am calling to voice my opposition to HB2669, the PAWS bill.
After your phone calls, FAX this short letter to both these numbers:
202-224-1725
I OPPOSE S1139, the PAWS bill.
signed,
**your name**
Address, email, etc
202-225-0917
I OPPOSE HB2669, the PAWS bill.
Signed,
**your name**
Address, email, etc
Faxes count as LETTERS, and must be recorded. Each one. DO IT NOW.....
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Can you please post a link to the actual text of the proposed bill?
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These links will take you to the current AWA and to the PAWS
legislation.
Animal Welfare Act
http://www.nal.usda.gov/awic/legislat/awa.htm
Pet Animal Welfare Statute
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1139:
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Pet Animal Welfare Statute
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1139:
Please repost the correct link for this second document. Thanks.
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[
Pet Animal Welfare Statute
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1139:
I'm not sure why the original link didn't work, but it's correct. I got it to come up when I clicked on the link in the email, but not on the one here, and it's exactly the same.
How strange.....
Try it this way, I'll use their tags....
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1139:
Maybe that will help.
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Bump
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Please distribute widely
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In addition to responsible animal owners' telephone calls to the Senate Agriculture committee's numbers and contacting their
representative s/senators, there is an online petition in opposition to PAWS 2005 that responsible animal owners can (and have) signed.
The petition is located at http://www.petitionspot.com and is entitled "PAWS 2005 Opposition". Over 2,500 have signed, so far, with limited
promotion. The results will be made available to legislators at the appropriate time, as reinforcement.
Permission to cross-post.
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Okay, I have now read all of both documents. I can not find any articles that would be specifically an issue for a reputable breeder. In the PAWS document, which is just a short ammenment to clarify the earilier legislation, it says that breeders who sell less than 25 years do not count as a 'dealer' and thus the act does not really apply to them. As far as rescue goes, it says they need to keep detailed records and hold the dogs for a minimum of 5 days, but I really don't see why that would be such a problem for them.
Red, you clearly feel passionately against this peice of legislation so can you please tell me which particular articles scare you and a breeder/rescuer?
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The main thing that scares me is the defining of hobby breeders by the numbers.
Peta and DDAL have both admitted that this is a first step, and that the numbers were a compromise. They wanted them lower to start with.
This law names ANYONE who sells ANY dog for HUNTING, GUARDING, OR BREEDING a dealer.
This would include ALL show people.
It will DECIMATE the purebred cat industry because of the very different ways things are done there. Queens stay in heat until they are bred, and cats are bred much more often for health reasons, etc, than dogs are, plus litters are generally much smaller.
It will practically eliminate rescue as they will be classified as reselling adult dogs and all will have to be licensed and inspected and have special facilities.
It is just a bad law, it is TOOO vague, and the number definitions are too easy to change down the road.
I am terrified for the future of my right to keep the breed I love, and to steward it in it's best interest.
I worry about that every single day.
Anyone who fancies any sort of dog should be worried too.
That article about Thank God For Football is about more than cropping and docking. IT's about BSL too, and our very right to have dogs and cats as companions in this country.
There are laws on the books right now that require mandatory spay/neuter, and CA is trying desperately to pass SB861, overturning their excellent state wide law forbidding BSL, so that each community can pass a law if it so desires requiring the wholesale spay/neuter of certain breeds.
Who defines what is which breed? How do they tell? If it's "pit bulls", is a white boxer a pit bull? What about a collie X pitbull? Half have lone hair and long noses. Are they pitbulls? Who decides?
I'm scared.
Very scared.
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So shangri..... I am glad you asked for the links, I was reading and was going to ask for a link to the actual bill and be able to read the wording in it.
I have for 25 years worked in animal rescue and during quite a few of those years I was involved in "lobbying" animal right to legislators. I know how a lot of people feel about laws but there has to be some laws to protect and set up the guide lines which we work within, as with everything else that goes for animal issues and questins too.
I read the bill, re read it and can still dont really see the problem, to me it sounds like a protection against breeders and so called rescue groups who are not too reputable.
I know how it is when you feel strongly about something and would like to hear the precise reason for why this bill would be a problem for rescues and respectiv and responsible and ethical breeders.
Marit
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Rescue will be considered to be selling animals which have not been bred on the premesis of the seller, which makes them a dealer after they place one animal.
Licensing and inspection required right off the bat.
For ALL rescues.
Just like if you import ONE dog and resell it, you are a dealer.
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Red, I have been reading this thread but haven't been in the right frame of mind to beable to read everything through in depth yet...So, would your average local Humane Society or shelter be in danger too because they charge adoption fees?
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No, because those types of facilities are already regulated and inspected.
The danger of this bill is it canand will cause those criteria to be applied to many household rescues and hobby breeders.
Especially hard hit will be purebred cat breeders.
It is a bad cumbersome poorly written bill that can be interpreted MANY different ways.
The numbers need to come out, and hobby breeders need to be defined in a different way.
I know there is a problem, and I'm not sure what the solution is, but it is NOT this bill.
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Ty for clarifying for me!...I will everything closer tomorrow after my hubby goes back to work...He & the kids are like a full time job! :-\ ;) LOL!
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I am not in any way trying to say that, what you are saying is not the case Red.... But where does it state that about rescues. I can not find anywhere, where that is said. And rescues that are organized and reputable is still not in any danger from what I understand, I am working for Maine Coon Rescue, a pure bred rescue group, and the way that org. is already following the rules to be followed.
You were also mentioning, the home rescues, from what I understand if you "give" away, which is always the case, you are excluded from whatever the bill might state. And for home rescuers I know a whole lot of them, am one myslef when need be, but there is never any fees or money exchanging when you are lucky enough to find a good home for the dog or cat you have fostered.
I will definately go re read the bill again though
Marit
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This is a cross post from a Mastiff list. This is how PAWS will affect rescue....
RESCUERS: Think PAWS won't effect you because you don't breed? THINK
AGAIN!
1) If you charge an "adoption" fee for that Lab puppy you accepted
from an owner because you have someone who wants it? You are a third
party broker and you might need a USDA license.
2) You rescued two pregnant bitches and a regent cat and there are
now 17 puppies and 8 kittens at your house and you are placing them
responsibly as fast as you can and charging an adoption fee or
giving them away-- you might need a USDA license.
3) If you come back from a run with animals you "adopted" for
someone else from a shelter on your way -- You are a third party
broker and you might need a USDA license.
4) If you are a rescuer and your friends bring their litters to you
to find home for them and you charge an "adoption" fee -- YOU might
need a USDA license.
5) If you are a rescuer who asks your friends to help "adopt" out
your animals and charge an adoption fee and one of your "friends"
turns you in, especially if you are over any local limit law, health
codes or whatever -- YOU might need a USDA license.
6) If you have a wonderful rescue Siamese that another rescuer wants
to "adopt" and your charge her an adoption fee like you charge all
your adoptors -- YOU might need a USDA license
7) You adopted a 1 week puppy that had been abandoned by its mother
for another rescuer from the local shelter and you immediately take
it to the rescuer to bottle feed because you know they will alter it
when the time comes and OPPS! The rescue comes into a silent heat a
3 or 4 months of age before the rescuer could get it spayed and it
has puppies. You just sold breeding stock -- YOU might need a USDA
license.
8) If "oops" you place a Labrador and its new owner decides to hunt
with it, YOU just sold a hunting dog - YOU might need a USDA license.
9) If you rescue and breed, even one litter in a year -- YOU might
need a USDA license.
10) If you rescue a number of animals and charge adoptions fee for
them and your rescue partner, who shows her dog and breeds and
raises more than three litters in one year in her home -- YOU BOTH
might need USDA licenses.
11) If you have a private rescue and foster and place animals, for
which you charge an "adoption" fee to help with expenses - YOU might
need a USDA license.
12) If you are a small private rescue and place more than 25 animals
a year for which you charge an adoption fee & you finally break down
and buy yourself that Poodle you have ALWAYS wanted from a breeder
in Canada (only a few miles from your home in the US) and a couple
of your friends ask you to bring them back a poodle pup too - YOU
might need a USDA license!
13) If you rescue and somehow end up with more unaltered animals
than the law allows - YOU might need a USDA license.
14) If you think "it is not my problem, we should regulate Puppy
Mills". . . YOU might need a USDA license because DORIS DAY ANIMAL
LEAGUE vs VENEMAN ANN will be in Court again and the USDA will be
coming after YOU too!
AND, IF YOU THINK YOU MIGHT BE COVERED BY THE AWA, HERE ARE A FEW
REQUIREMENTS, HAND PICKED TO CATCH YOUR ATTENTION ESPECIALLY IF YOU KEEP
RESCUES INSIDE YOUR HOME, THAT MIGHT HELP CONVINCE YOU THAT "PAWS" CAN
AND WILL HURT RESCUE:
(1) Interior surfaces, including floors and walls of indoor housing
facilities, and any other surfaces in contact with the animals, must
be impervious to moisture. The ceilings of indoor housing facilities
must be impervious to moisture or be replaceable, i.e., a suspended
ceiling with replaceable panels!
(2) All surfaces in contact with the dogs and cats to be readily
cleaned and sanitized in accordance with AWA, or be replaceable when
worn or soiled;
(3) Housekeeping of premises (buildings and grounds) must be kept
clean and in good repair in order to protect the animals from injury
and to facilitate the prescribed husbandry practices. . .
Does that sound like a lot of work? Don't worry, unless you only
rescue a small number of animals, you won't be alone, because you
will also be required to have a sufficient number of adequately
trained employees to maintain a professionally acceptable level of
husbandry practices as set forth in the AWA. Such practices shall be
under a supervisor who has a background in animal care. Oh, you
don't have a background in "animal care?" Too bad!
4) Drainage is another "fun" requirement -- a suitable sanitary
method shall be provided to eliminate rapidly, excess water from
indoor housing facilities. If drains are used, they shall be
properly constructed and kept in good repair to avoid foul odors and
installed so as to prevent any backup of sewage. The method of
drainage shall comply with applicable Federal, State, and local laws
and regulations relating to pollution control or the protection of
the environment.
(5) In fact, EVERYTHING you do must comply with all applicable
Federal, State, and local laws and regulations relating to pollution
control or the protection of the environment. Are you keeping a few
too many animals? Well, that will just have to stop! Local laws
require separate drain if you have 3 or more animals, even if they
are hamsters, and rescue a bird that fell out of its nest too early?
Too bad! Time to hire a Contractor!
AND THERE 90+ MORE PAGES OF SIMILAR REQUIREMENTS FOR YOU TO COMPLy wITH!
Check them out at:
http://www.aphis.usda.gov/ac/cfr/9cfr3.html#3.2
OPPOSE PAWS! Stop It In Committee!!!!
Call (202) 224-2035
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Here is a qoute from AKC's Jim Holt who approves this bill...
>"In addition, a breeder WHO DOES NOT EXCEED THE FOREGOING
> LIMITATION ON THE SALE OF PUPPIES BRED OR RAISED ON THE PREMISES MAY
> SELL NOT MORE THAN 25 OTHER DOGS AT RETAIL (i.e. stud puppies,
> puppies from co-ownerships, a dog purchased for breeding, show, or
> field training that did not work out, A DOG THAT WAS RESCUED AND
> FOSTERED, ETC.) without being considered a dealer."
> Dr. Jim Holt,
> AKC federal government relations consultant
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Here is another crosspost I found very very informative:
Crossposting encouraged.
Weblink at the end of the article for online exemption test.
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To many the proposed PAWS regulation is confusing, because of the
double negatives and the odd structure of the document. As an
engineer, I immediately recognized the logic employed in the
document-
not only AND and OR, but NAND and NOR (NOT AND and NOT OR). These
four logic conditions are the building block of every computer
circuit ever designed.
So I took it upon my self to diagram the regulation- not a simple
task. I believe I've got it right- and this should blow away a lot
of
the smokescreen coming from AKC and Santorum.
The logic flow chart is counter intuitive. Rather than starting at
the top and figuring out who a dealer is, it is more helpful to
figure out who gets exempted.
The Highest Level test is the "Pet Store" test. If you really are
a "Pet Store", this trumps all other exemptions.
However the pet store regulations include the basic definition of a
pet store, and then a definition of how a pet store can lose its
exemption. These are essentially nested logic loops, but can be
presented sequentially.
"PET STORE TEST"
ARE YOU A RETAIL PET STORE? IF YES PROCEED, IF NO GO TO FURRY ANIMAL
TEST
HAVE YOU SOLD ANY ANIMALS TO A RESEARCH FACILITY? IF NO PROCEED, IF
YES GO TO FURRY ANIMAL TEST
HAVE YOU SOLD ANY ANIMALS TO AN EXHIBITOR? IF NO PROCEED, IF YES GO
TO FURRY ANIMAL TEST
HAVE YOU SOLD ANY ANIMALS TO A DEALER? IF NO PROCEED, IF YES GO TO
FURRY ANIMAL TEST
HAVE YOU SOLD ANY DOG WHICH WAS IMPORTED FROM OUTSIDE THE UNITED
STATES IF NO PROCEED, IF YES GO TO FURRY ANIMAL TEST
AS A PET STORE, HAVE YOU SOLD ANY ANIMALS WHICH YOU HAVE BRED FOR
SALE TO THE PUBLIC AS PETS? IF NO PROCEED, IF YES GO TO FURRY ANIMAL
TEST
AS A PET STORE, HAVE YOU SOLD ANY HUNTING, SECURITY OR BREEDING
(INTACT) DOGS? IF NO PROCEED, IF YES GO TO FURRY ANIMAL TEST
AS A PET STORE, HAVE YOU SOLD ANY WILD ANIMALS? IF NO YOU ARE
EXEMPT,
IF YES GO TO FURRY ANIMAL TEST
Note that these regulations will restrict pet store to selling
spay/neutered pups of non-hunting breeds, and no imports. Every
thing
the AR folks want- to start with.
The next test is the "Furry Animal Test." This test is next, because
it is an AND test with both the 25 dog or cat test and the 6 litter
test. Both is disqualified if the furry animal limit of $500 is
exceeded. It is a sudden death test- no other exclusion is
available.
"FURRY ANIMAL TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDAR YEAR HAS DERIVED MORE THAN $500
GROSS INCOME (NOT PROFIT) FROM THE SALE OF WARMBLOODED ANIMALS SUCH
AS GUINEA PIGS, HAMSTERS, GERBILS, RABBITS, MONKEYS, FERRETS,
EXCLUDING DOGS, CATS, RATS AND LABORATORY MICE, FOR USE IN RESEARCH,
TEACHING, EXHIBITION (ZOO/CIRCUS) OR AS A PET? (INCLUDES RESCUE).
IF YES YOU ARE A DEALER, IF NO THEN GO TO THE SELL AT LEAST ONE
TEST.
The next major test in sequence is the "6 Litter test." This is next
in sequence, because the fallback to the 6 litter test is the 25
sale
test, however the reverse is not true.
However, both the six litter and 26 tests require that at least one
sale be made. So the next test is the "Sell at least one" test.
"SELL AT LEAST ONE TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDER YEAR HAS SOLD ONE OR MORE DOGS
OR CATS? IF YES GO TO THE SIX LITTER TEST, IF NO GO TO THE
BROKER/TRANSPORT TEST.
Ironically, a sale negotiator (broker) or transporter could become
exempt by selling one dog or cat a year. Probably not the intent of
the law, but that is how it is written.
There are a lot of disqualificati ons for the six litter test OTHER
than the obvious litter count. I actually place these earlier in the
flowchart, because few people realize just how restrictive this is.
"SIX LITTER TEST"
WERE ALL OF THESE DOGS OR CATS SOLD BRED OR RAISED ON YOUR PREMISES?
IF YES PROCEED, IF NO GO TO THE 25 TEST
HAVE YOU SOLD ANY AT WHOLESALE? IF NO PROCEED, IF YES GO TO THE 25
TEST
HAVE YOU SOLD ANY TO SOMEONE WHO PURCHASED THE ANIMAL FOR A GIFT TO
SOMEONE ELSE? IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU SOLD TO ANYONE WHO BOUGHT THE ANIMAL WITH THE INTENT TO RE-
SELL IT? IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU SOLD TO ANYONE AN ANIMAL NOT FOR THIER OWN USE AND
ENJOYMENT? THIS COULD CONCIEVABLY INCLUDE SELLING TO ANYONE IN A
STATE OR LOCALITY THAT HAS ENACTED ORDINANCES CHANGING "OWNERS"
INTO "GUARDIANS". IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU WHELPED MORE THAN 6 LITTERS OF DOGS OR CATS IN A YEAR? IF
NO
YOU ARE NOT A DEALER, IF YES GO TO THE 25 TEST
The next test is very simple. It is only confusing when the AKC
introduces the concept of "other dogs" which does not exist in the
regulations. You cannot raise 6 litters (48 pups) and sell 25
additional dogs (73 total). Likewise you can't sell 80 pups not of
your own, and then raise one litter of your own to gain an
exemption.
However you can raise 10 small litters and sell 24 pups.
"THE 25 TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDER YEAR HAS SOLD MORE THAN 25 DOGS
OR CATS? (note that "sell" would include "for compensation of
profit"
which means that partial or full reimbursement for expenses is
included. THIS INCLUDES RESCUE.
IF YES YOU ARE A DEALER. IF NO YOU ARE EXEMPT.
Also note that the actual rule states "sell not more than 25 dogs or
cats." This implies that at least one sale is made, and is why these
did not just say sells less than 26. In logical terms, this would be
expressed: IF SALE >1 AND <25 THEN NOT DEALER. The importance of
this
will soon been seen.
If you did not pass the "Sell at least one test" earlier you were
told to go to the broker/transporter test. Of course, common
carriers
are exempt from the transport test. That basically leaves puppy
factories and rescuers.
BROKER/TRANSPORATION TEST
ARE YOU A PERSON OR LEGAL ENTITY (CO-OWNER, COMPANY, ASSOCIATION),
WHO NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMAL COVERED BY PAWS,
FOR COMPENSATION OR PROFIT? IF YES YOU ARE A DEALER, IF NO PROCEED
ARE YOU THE OPERATOR OF ANY REGULATED CARRIER ENGAGED IN THE
BUSINESS
OF TRANPORTING ANY ANIMALS FOR HIRE?
IF YES YOU ARE EXEMPT, IF NO PROCEED.
ARE YOU A PERSON WHO FOR COMPENSATION (INCLUDING REIMBURSEMENT) OR
PROFIT, DELIVERS FOR TRANSPORTATION, OR TRANSPORTS ANY OF THE
ANIMALS
COVERED BY PAWS? (THIS WOULD INCLUDE A PROFESSIONAL DOG HANDLER
TRANSPORTING HIS CLIENT'S DOG TO A SHOW OR TRIAL AND INCLUDES RESCUE
TRANSPORT WHEN ANY EXPENSES ARE REIMBURSED).
IF YES YOU ARE A DEALER, IF NO PROCEED.
For me, this is perhaps the most alarming part of PAWS other than
the
pet store restrictions. Spaniel field trials have both an Open and
Amateur division. Of course, most of those dogs run by the Pros
(most
of them part-time- they have weekday jobs) are owned by the
Amateurs.
Who will pay for the increased overhead forced on those pros- Air
conditioned dog trailers, kennels, a staffing? And these dogs may
run
on Saturday by a pro and on Sunday by the Amateur- who does not have
air conditioning. Nobody sends a dog to a pro that doesn't have an
idea of what the conditions at the pro's place will be.
This regulation will also apply to a RESCUE TRANSPORTER who gets
assistance for mileage (compensation).
However, as pointed out, by virtue of selling just one pup a year,
the rescue transporter, or sales negotiator (broker) or Pro Handler
can become exempt by just selling one pup a year. Perhaps they could
get a buddy and sell a dog back and forth every year; don't even
have
to relocate it.
THAT IS THE PAWS FLOWCART IN A NUTSHELL. Must be a cocoa-nut, it is
very big.
To help with understanding this, I have encoded the entire flowchart
into a website, so you can go step-by-step through the test. I would
suggest that you run through YOUR situation first and then think of
some others that you would like to test. It is very revealing.
http://smythwicks.org/paws
-Bill Fawcett
smythwicks.org
-
This is a very imortant topic, no doubt. I wil not post in this topic again until I have done some serious research. I like to read all the "boring" stuff, the legal formulations and really make my own mind up. And after having read here, spoke to a lot of my breeder and rescue friends, I can tell that there is as with everything different opinions. Some hate it and say it will be a "hit under the belt" for a lot of pet owners/breeders and rescues, other say it is no more than to make sure that the breeding and rescue is done in a for the animals correct and responsible way. Today a lot of rescue groups and breeders already have a licens and have to keep up with records and a certain care level and be inspected. Sooooo like I said, I will do serious reasearch on the topic. And get back to this tread when I feel I can for myself make up my mind.
Marit