[Senate Hearing 109-338]
[From the U.S. Government Publishing Office]
S. Hrg. 109-338
PET AMIMAL WELFARE STATUTE OF 2005 (PAWS)
=======================================================================
HEARING
before the
SUBCOMMITTEE ON RESEARCH, NUTRITION, AND GENERAL LEGISLATION
of the
COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
__________
NOVEMBER 8, 2005
__________
Printed for the use of the
Committee on Agriculture, Nutrition, and Forestry
Available via the World Wide Web: http://www.agriculture.senate.gov
______
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26-594 PDF WASHINGTON : 2006
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COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
SAXBY CHAMBLISS, Georgia, Chairman
RICHARD G. LUGAR, Indiana TOM HARKIN, Iowa
THAD COCHRAN, Mississippi PATRICK J. LEAHY, Vermont
MITCH McCONNELL, Kentucky KENT CONRAD, North Dakota
PAT ROBERTS, Kansas MAX BAUCUS, Montana
JAMES M. TALENT, Missouri BLANCHE L. LINCOLN, Arkansas
CRAIG THOMAS, Wyoming DEBBIE A. STABENOW, Michigan
RICK SANTORUM, Pennsylvania E. BENJAMIN NELSON, Nebraska
NORM COLEMAN, Minnesota MARK DAYTON, Minnesota
MICHEAL D. CRAPO, Idaho KEN SALAZAR, Colorado
CHARLES E. GRASSLEY, Iowa
Martha Scott Poindexter, Majority Staff Director
David L. Johnson, Majority Chief Counsel
Steven Meeks, Majority Legislative Director
Robert E. Sturm, Chief Clerk
Mark Halverson, Minority Staff Director
(ii)
C O N T E N T S
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Page
Hearing(s):
Pet Animal Welfare Statute of 2005 (PAWS)........................ 01
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Tuesday, November 8, 2005
STATEMENTS PRESENTED BY SENATORS
Santorum, Hon. Rick, a U.S. Senator from Pennsylvania, Chairman,
Subcommittee on Research, Nutrition, and General Legislation... 01
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WITNESSES
Amundson, Sara, Legislative Director, Doris Day Animal League.... 20
Childers, Henry, President, American Veterinary Medical
Association.................................................... 08
Hoffman, John E., Dog Fancier and Lawyer......................... 10
Maddox, Michael, Legislative Director, Pet Industry Joint
Advisory Council............................................... 11
Menaker, Ron, Chairman, American Kennel Club..................... 07
Pacelle, Wayne, President and Chief Executive Officer, the Humane
Society of the United States................................... 17
Worley, Norma, Director, Animal Welfare Program, Maine Department
of Agriculture................................................. 22
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APPENDIX
Prepared Statements:
Stabenow, Hon. Debbie and Durbin, Hon. Richard............... 26
Amundson, Sara............................................... 29
Childers, Henry.............................................. 80
Howard, Deborah A............................................ 86
Liss, Cathy.................................................. 89
Hoffman, John E.............................................. 93
Maddox, Michael.............................................. 104
Menaker, Ron................................................. 107
Pacelle, Wayne............................................... 110
Worley, Norma................................................ 123
Document(s) Submitted for the Record:
Letters of support for PAWS.................................. 128
Letters of opposition towards PAWS........................... 129
PET ANIMAL WELFARE STATUTE OF 2005 (PAWS)
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TUESDAY, NOVEMBER 8, 2005
United States Senate,
Subcommittee on Research, Nutrition, and General
Legislation, of the Committee on Agriculture, Nutrition and
Forestry,
Washington, DC
The subcommittee met, pursuant to notice, at 2:31 p.m., in
Room SD-G-50, Dirksen Senate Office Building, Hon. Rick
Santorum (chairman of the subcommittee) presiding.
Present: Senator Santorum.
STATEMENT OF HON. RICK SANTORUM, A U.S. SENATOR FROM
PENNSYLVANIA, CHAIRMAN, SUBCOMMITTEE ON RESEARCH, NUTRITION,
AND GENERAL LEGISLATION, OF THE COMMITTEE ON AGRICULTURE,
NUTRITION AND FORESTRY
Senator Santorum. I will hit that a little harder next
time.
Thank you all for being here. Let me welcome everybody to
this hearing and thank all of you in attendance and
particularly our witnesses for being here. The committee will
come to order, and we just want to again thank everyone.
Over the past several years, since the original piece of
legislation that was focused on revising the Animal Welfare Act
to deal with changes in the buying and selling of animals, of
dogs and cats in particular. It came to the farm bill and was
stripped out of conference. I have been working with a variety
of different groups, many of whom are represented here today,
to try to get at a serious problem that exists that we will
hear described in more detail today.
This has been a work in progress, and if there is one
message that I want to leave with people who are here today is
that it continues to be a work in progress. One of the reasons
I wanted to hold this hearing is because we have seen, I even
noticed in the paper today, in the Roll Call today, there is an
effort out there on the Internet and other places to put out
misconceptions about what this legislation does, and it is
important to get on the record not only what this legislation
does but those who are in support of this legislation, what our
intent is, so we can continue to work together to work on the
problems that we confront.
And those problems are serious. They are as a result of the
changing economic situation with respect to the selling of dogs
and cats and in particular with the advent of the Internet, the
advent of sales from overseas into this country, the direct
marketing of those animals by Internet businesses and others.
It is important for us to make sure that animals are treated
humanely and that we, in fact, have proper consumer
protections. These are animals that are in most cases, not in
all, but in most cases are going to be in the homes and
interacting with people, and we want to make sure that these
animals are, in fact, healthy and, in fact, what people are
paying for and not something that is going to cause not only an
economic harm for people but, as we all know, those of us who
are dog owners and cat owners, emotional harm to individuals.
I strongly believe that this legislation is important. I
also strongly believe that we can arrive at a bill that will
bring people together who in many cases have not worked
together on issues because of the important problem that we are
facing. And again, I want to reiterate, I want to thank all of
the groups that are here today, our first panel and our second
panel.
Working very closely with us, we have been able to make
some major changes just in the last several months since we put
forth the PAWS legislation that has gotten so much attention,
we have worked with the pet stores who I know are represented
here today--that is PIJAC as well as the AKC and other
organizations who have expressed concern about various
provisions of this legislation, the Veterinary Medical
Association, all have expressed concern, have come to my
office, and we have worked to try to sort through those. We
will have a discussion about some of those, but candidly, we
may not even discuss and bring up some of them, because they
are issues that are now resolved.
My hope is that as a result of this hearing and the
discussions that we have had leading up to this hearing that I
can put out a discussion draft in the coming weeks so we can
get further feedback and input from the public, those who are
interested to make sure that we are all headed in the right
direction, which is a good piece of consumer protection
legislation as well as a strong animal welfare piece at the
same time.
With that, I just, again, want to reiterate that it is my
intention to work together to have all the responsible groups
represented here today and others to be on the same page to
make sure that this legislation is adopted. I have no
intention, and I know, and I will ask, I have no intention of
putting folks like me who have a dog and have bred a dog under
Federal Government control, I have no intention of, and I think
the people here have no intention of making sure that folks are
hobby breeders or show breeders or fanciers or the like who do
not breed lots of dogs and have lots of litters as defined in
the bill; we are very clear about that, that we are talking
about folks who are in large, in a sense, if you will, of
production of dogs and cats for sale.
These are the folks that we are looking at. These are the
folks who are, in many cases, already covered under the Animal
Welfare Act. We want to make sure that that act, which was
written a long time ago with terms that no longer apply has a
modern interpretation and one that we will have consensus on.
So I again appreciate--I cannot tell you how much work has
gone into it by the organizations represented here today to
find common ground. We will continue to search for that common
ground, and I am hopeful that we will have a strong piece of
legislation that deals with the problems that we confront.
Senator Santorum. With that, let me introduce our first
panel. We have Ron Menaker, who is the chairman of the American
Kennel Club. He is with us today; Dr. Henry Childers, who is
the president of the American Veterinary Medical Association;
Mr. John Hoffman, who is a dog fancier; and Mr. Michael Maddox,
who is the legislative director of PIJAC, which is the Pet
Industry Joint Advisory Council.
Let me go first to you, Mr. Menaker, and Mr. Menaker is the
Chairman of the Board of the American Kennel Club. He is from
New York, and I want to in particular thank you for the various
meetings that we have had over the past few months and the
amount of time and effort that you and the AKC have spent in
making sure that this legislation will have the kind of broad
support that is needed to address the problems that we have and
be able to be successfully passed here in the United States
Senate and signed into law.
Mr. Menaker.
STATEMENT OF RON MENAKER, CHAIRMAN, AMERICAN KENNEL CLUB
Mr. Menaker. Thank you, Mr. Chairman. I am the Chairman of
Board of the American Kennel Club. The AKC is the largest and
only significant not-for-profit dog registry and sanctioning
body for competitive dog events in the United States. We
register nearly 1 million pure-bred dogs and over 400,000
litters of pure-bred puppies every year.
Almost 17,000 competitive dog events are held nationally
each year under AKC rules attracting more than 2.5 million
entries. I cite these statistics to emphasize the importance of
the sport of pure-bred dogs. Selling puppies is a business for
some, but for many Americans who breed and raise pure-bred dogs
it is a hobby, a family sport and a labor of love.
The AKC was founded in this spirit 121 years ago, and this
passion is still alive today. The AKC, however, also provides
registration services to all dog breeders who meet our
standards, including mandatory inspections of high volume
breeders, dog identification and recordkeeping, care and
condition standards for dogs and kennels, and DNA testing to
check parentage of litters. This year, we are on target to
conduct approximately 5,000 kennel inspections.
The AKC encourages puppy buyers to buy from responsible
resources. We believe the vast majority of high volume breeders
as well as smaller breeding establishments do a conscientious
job of breeding and raising quality puppies and care
passionately about their animals. However, we also know from
our first-hand experience in the field that in spite of our
efforts and the efforts of the USDA, there are still
significant problems that need to be addressed for the sake of
both the dogs and the pet-buying public.
Some of these are deficiencies in the Animal Welfare Act
and some result from changes in the marketplace and marketing
techniques for dogs that have occurred in the 30 years since
the act was extended to dog dealers. That is why we are pleased
that you have focused your attention and the attention of
Congress on the need to strengthen the act.
We are pleased to be working with you in this effort. As
you know, we did not support your previous legislation intended
to address the problems of so-called puppy mills, because we
felt that Federal regulation of practices for breeding and
socialization of puppies was the wrong approach. However, PAWS
takes a different approach. It gives the USDA access to source
records of persons who acquire dogs for resale, provides a more
efficient time frame for dealing with violators who have been
suspended, and gives the USDA authority to close down egregious
violators.
These are essential tools for the USDA to effectively
enforce the Act. We do not expect the USDA to have to use these
tools often, but the fact that the USDA has these tools will
create an incentive for persons to obtain licenses and quickly
correct violations. We also know from the AKC's own experience
that the time has come to bring under regulation high volume
breeders and brokers who sell at retail or who import puppies
in volume for resale. However, it is also essential that we
maintain the sport and hobby of pure-bred dog breeding and
exhibiting as it is today, a sport regulated by our own
rigorous compliance requirements.
PAWS should focus the Federal Government's regulatory
resources on realistic targets and goals. We appreciate the
dealer provisions of PAWS as you have clarified them. We
especially appreciate the addition of the provision that will
exempt retailers based on kennel inspection standards of not-
for-profit organizations certified by the Secretary of
Agriculture. This will focus enforcement on the high volume
retail breeders and importers whom it is appropriate to
regulate without imposing Federal regulation on hobby and show
breeders.
Mr. Chairman, we thank you for your hard work and
leadership on this important issue. We thank you for your
flexibility and openness to new approaches. We look forward to
continuing to work with you to develop and secure legislation
that will be good for all of our beloved dogs.
Thank you very much.
[The prepared statement of Mr. Menaker can be found in the
appendix on page 107.]
Senator Santorum. Thank you very much, Mr. Menaker.
Dr. Childers, thank you for being here.
STATEMENT OF HENRY CHILDERS, PRESIDENT, AMERICAN VETERINARY
MEDICAL ASSOCIATION
Mr. Childers. Thank you, Mr. Chairman and Members of the
subcommittee for giving the American Veterinary Medical
Association the opportunity to speak in support of the Pet
Animal Welfare Statute. I am Dr. Henry Childers, President of
the AVMA and a companion animal practitioner from Rhode Island.
The AVMA represents 73,000 veterinarians. Fifty-five percent of
us are companion animal practitioners who commit our expertise
and energy to ensuring the wellbeing of the nation's pets.
Unfortunately, veterinarians are regularly confronted with
pets that suffer the ill effects of irresponsible breeding and
inappropriate transport over long distances. Animal suffering
compounds human suffering when heartache and financial burdens
are thrust upon pet owners who have purchased these unfortunate
animals.
Large scale puppy and kitten dealers who escape regulation
under the current Animal Welfare Act are a significant source
of these problems. Overbreeding, inbreeding, inadequate
veterinary care, poor quality food and shelter, overcrowding,
poor socialization and stress due to prolonged transport are
the hallmarks of these operations. These operations escape
regulation because they sell directly to the public, either
from their facilities or by way of the Internet, and are
therefore classified as retail pet stores.
Retail pet stores are not required to be licensed under the
Animal Welfare Act. As veterinarians, we see the shortened life
expectancies and the years of impaired function that the
affected pets must endure. Sometimes, when our most valued
efforts cannot resolve the problem, families must be forced to
make yet another difficult decision, euthanasia.
The burdens created by irresponsible breeders who escape
regulation are not limited to those affecting the pet and its
family. When owners can no longer care for their pets and
cannot bear the idea of euthanasia, they often surrender their
pets to animal shelters. Whether these animal shelters are
publicly supported or privately supported, the cost of caring
for these animals is now borne by the community.
The high volume breeders and importers that this statute
will affect have profit as their only goal. They do not care if
the animals they deliver are healthy. They do not care what
effect this will have on the purchasers or the shelters. To
date, they have been excepted from the law. The AVMA believes
this must be corrected. Congress has the power to do that.
Passing the Pet Animal Welfare Statute will provide USDA with
the tools it needs to bring these high volume breeders and
importers under a mandate that requires a viable health plan
for their animals and holds them accountable when their efforts
do not meet the standards.
The AVMA has a strong professional and public education
presence. Veterinarians possess up-to-date and scientifically
rigorous information about animal health care and welfare which
they pass along to their clients on a daily basis. These
clients include breeders, pet owners, and an increasing number
of prospective pet owners who are seeking the advice of a
veterinarian.
Ensuring pet welfare is at the heart of what we do.
Ensuring the welfare of the American public is at the heart of
what you do. Together, we can help ensure that America's pet
owners and pets are afforded the protection they deserve. The
Pet Animal Welfare Statute is an important step in the right
direction. While we have included comments in our written
testimony that we urge the subcommittee to consider, the AVMA
appreciates the opportunity to publicly express our support for
this legislation.
I thank you very much.
[The prepared statement of Mr. Childers can be found in the
appendix on page 80.]
Senator Santorum. Thank you very much Dr. Childers.
Mr. Hoffman.
STATEMENT OF JOHN E. HOFFMAN, DOG FANCIER AND LAWYER
Mr. Hoffman. Thank you, Mr. Chairman.
Senator Santorum. If you can pull the microphone up so
people--thank you.
Mr. Hoffman. I am a business litigation lawyer, the owner
of three miniature schnauzers, and an occasional dog breeder
and exhibitor. I own dogs for the same reason most people do.
They are wonderful companions. Over the years, I have provided
pro bono legal services to dog clubs and rescue organizations.
A year ago, the French Bulldog Rescue Network asked me to help
Willa Bagwell, the humane officer for Lake Elsinore,
California. An importer there was selling sick and dying
puppies from Eastern Europe. Many buyers were incurring huge
veterinary fees within a week after buying the puppies. Some
puppies were dying despite the veterinarians' best efforts.
After months of work, we were able to have the bankruptcy
court bar the importer from buying and selling puppies while
she pays off her creditors but only because she foolishly filed
for bankruptcy. If she had not done so, she would probably
still be in business.
When I began investigating the scope of the commercial
puppy importing business, I found dozens of kennels advertising
imported Bulldog and French Bulldog puppies on their own
Websites and also on Websites containing classified ads for
puppies. Some importers sell through newspaper ads. Some sell
through pet shops. Some do not disclose before sale that they
are selling imported puppies. Most of them began as domestic
breeders. Many continue to breed domestically as well as
importing. It just depends which costs less.
Exporters abroad gather puppies from breeders in rural
areas, ship them by truck or rail to the capital cities, from
where they are shipped by air to the U.S. and then by car or
truck to the importer's place of business. Many puppies die en
route. Many more die shortly after arrival. Dead puppies are
just a cost of business, acceptable so long as the cost of
importing remains less than the cost of breeding puppies here.
Imported puppies are not cheap. Many are sold for $1,800
and up, as shown by the enlarged ad to my right for Sasha and
Whitney. Puppies of many breeds are being imported. We also
have an enlargement of one page of the many pages on the
Europuppy Website showing different breeds for sale.
Based on the number of puppies the Lake Elsinore importer
was selling, the number of importers selling over the Internet
and the number of puppies arriving monthly through the Los
Angeles Airport, it is clear that at least 10,000 puppies a
year are being into the U.S. and probably many more than that.
Unfortunately, State and local regulation is not enforced.
Local prosecutors are busy. Enforcement of animal protection
laws tends to be a low priority, particularly when most of the
injured buyers live outside of the jurisdiction, as is commonly
the case with Internet sellers. Thus, humane officers can
rarely persuade State and local prosecutors to act. That is
true whether the offenses involve imported or domestically bred
puppies.
Federal law at present is no more helpful. The Animal
Welfare Act does not cover puppy importers who sell at retail,
such as through the Internet or newspaper ads. Other Federal
laws that are applicable to imported puppies are not being
enforced. The Frenchie Tails ad to my right is an example. It
openly advertises seven-week-old imported puppies for sale,
even though Federal law prohibits shipment of puppies younger
than eight weeks old and prohibits sale of imported puppies
younger than four months.
If enacted, PAWS would bring under inspection and
regulation all puppy importers who import more than 25 puppies
per year for resale, regardless of how they sell their puppies,
and thus go a long way toward ending the abuses that are now
occurring.
Thank you, Mr. Chairman, Members of the subcommittee, and
staff members for your hard work on this important issue.
Please feel free to call upon me if I can be of any assistance
in that regard.
[The prepared statement of Mr. Hoffman can be found in the
appendix on page 93.]
Senator Santorum. Thank you, Mr. Hoffman.
Mr. Maddox.
STATEMENT OF MICHAEL MADDOX, LEGISLATIVE DIRECTOR, PET INDUSTRY
JOINT ADVISORY COUNCIL
Mr. Maddox. Thank you, Mr. Chairman.
We appreciate the opportunity to offer you our views. The
Pet Industry Joint Advisory Council is the largest pet trade
association in the world, representing every segment of the pet
industry. PIJAC works to ensure that members of the commercial
trade observe high standards in the care of pet animals. We
have been involved with the Animal Welfare Act for more than
three decades and have worked tirelessly with APHIS to maximize
effective administration of the act.
We believe proper enforcement of AWA standards brings about
mutual benefit for the pet industry, the pet-owning public and
the animals themselves. We have witnessed first hand these
benefits over the years and are intent on taking whatever
efforts we may to perpetuate the good work of USDA.
Congress has historically recognized the need for a
functional regulatory framework that targets those persons in
the pet trade escaping public and regulatory oversight. From
its inception, the AWA has explicitly exempted retailers that
are subject to broad public exposure and are frequently
regulated at the State and local level. PIJAC joins with you,
Mr. Chairman in acknowledging that the rationale for exempting
pet stores is as valid today as it has always been. In fact, as
this subcommittee considers bringing under the act potentially
thousands of additional licensees that will vie for APHIS'
regulatory and inspection resources, it is important that we do
not overburden the agency with a mandate for persons that are
not in need of Federal regulation.
We would like to raise, Mr. Chairman, some concerns we have
with the introduced bill, recognizing that amendments may be
addressing these concerns. As noted by your other witnesses
today, advocates of PAWS point to large scale breeding
operations and Internet sales of dogs as recent trends escaping
oversight. This bill would regulate individuals but would also
have the effect of capturing the very pet stores intended to be
subject to the AWA's pet store exemption. Other provisions
would go so far as to mandate licensure of persons who sell
even a single pet animal.
PAWS' deletion of the longstanding de minimis exemption for
noncommercial breeders would mean every person selling even a
single animal other than a dog or cat has to be licensed. PIJAC
feels certain that the Congress does not wish to subject a 10-
year-old child to Federal licensure for selling a couple baby
hamsters.
We also note that a dollar does not buy what it did in
1970, Mr. Chairman. This de minimis exemption established 30
years ago and yet to be amended should be retained in the Act
with a revised statutory dollar amount representing inflation
over that time span. One significant objective of this
legislation is to ensure regulation of those who import dogs
for resale in the U.S. However, in regulating retailers, this
provision would not distinguish between those who import and
sell dogs themselves, such as those selling over the Internet,
and bona fide pet stores who buy puppies from a Class B-
licensed dealer.
The new retail pet store definition is meant to ensure
regulation of persons not viewed as traditional pet stores.
Unfortunately, Mr. Chairman, it contains exclusions that would
encompass the very businesses to which the pet store exemption
is meant to apply; for example, the provision excluding animals
bred for sale to the public is aimed at those who breed and
sell dogs and cats directly to the public, not pet stores who
happen to carry hamsters, gerbils, or guinea pigs not
deliberately bred by the pet store.
The exclusion for hunting, breeding, and security dogs is
meant to ensure commercial breeders do not escape regulation
but as crafted in the original legislation would have the
effect of regulating pet stores. This turns the clause on its
head. Finally, the exclusion for wild animals relies on a term
that encompasses many common, domesticated pet animals normally
sold at pet stores. The exclusion would have the anomalous
result of extending licensure to the very pet stores
specifically intended for exemption.
This brings us to the source record provision, Mr.
Chairman. The language would require keeping information that
pet dealers have no authority to obtain in the first place. A
more effective provision would require keeping USDA license
numbers, thereby allowing USDA to target unlicensed dealers.
Two additional enforcement provisions that will substantially
aid APHIS are found in Sections 4 and 5. The temporary
suspension period extension clause gives USDA authority in less
frequent but more urgent cases. Of even greater importance, the
provision creating authority to enjoin unlicensed dealers who
are ignoring their obligation to meet legal standards.
The injunctive authority under PAWS would add a powerful
enforcement tool to permit the agency to go after people who
are often the most egregious violators. PIJAC endorses these
provisions unchanged and feels they would go far in
facilitating USDA's effective enforcement of the act.
We must acknowledge as you have already noted, Mr.
Chairman, that recent efforts with your staff and proponents of
PAWS have yielded suggested amendments that would address
concerns that we have raised here today. We are optimistic that
such amendments can correct the unintended consequences that
would result in compromising USDA enforcement efforts while
preserving important sections of this bill that promote more
effective enforcement.
We appreciate your willingness to consider the pet
industry's concerns, Mr. Chairman, and thank the subcommittee
for entertaining our comments today.
[The prepared statement of Mr. Maddox can be found in the
appendix on page 104.]
Senator Santorum. Thank you very much, Mr. Maddox. I
appreciate it.
We have two votes that started at 2:45, and so, since it is
almost 3:00, and we have 15 minute votes, that means I have to
run. And there will be back to back votes, so I will be back
hopefully in the next 15 or so minutes, and we will resume with
questions for this panel, and I apologize for the interruption.
We are recessed. Thank you.
[Recess.]
Senator Santorum. The meeting will come to order. Again,
let me apologize to all of you for the vagaries of the United
States Senate and having to do such mundane things as cast
votes on important amendments to the defense authorization
bill, but I appreciate your willingness to be patient.
Let me start out. There are a lot of misconceptions, I
would say, misconceptions about what this bill is all about,
and I just want to run through a few of them with this panel.
We will run through a few more with the second panel. First is
just maybe Mr. Menaker, you can give me a sense with your
membership, what percentage of your membership would be
affected by the PAWS legislation, would apply the Animal
Welfare Act to what percentage of your membership roughly?
Mr. Menaker. As it stands today, Senator, I would say less
than 4 percent.
Senator Santorum. Less than 4 percent. So 96 percent of
your members would not be affected at all.
Mr. Menaker. No differently than they are today.
Senator Santorum. No differently than they are today. But
we have heard testimony that this act, you believe, panelists
would believe, would cover more people, more people would be
subject to the Animal Welfare Act as a result of this bill. You
would admit that.
Mr. Menaker. Absolutely, because with the care and
conditions and inspections that we conduct annually, we are
forced when there is noncompliance to suspend and move people
out of the AKC registry. The problem is they take off to the
nonregulated registries and continue to function as normal.
Senator Santorum. Another question was raised about the
amount of enforcement dollars that APHIS would have, the USDA
would have to deal with the additional entities that would be
governed by the Animal Welfare Act. You mentioned something in
your testimony that we are working toward resolution, and that
is the idea of having an organization such as yourselves, the
AKC, provide a certification for standards that would be at
least as rigorous as the Animal Welfare Act or in exceedence of
the Animal Welfare Act. Could you give me a sense of how that
would work or what your suggestion is?
Mr. Menaker. Senator, what I have said is that we believe
that our AKC inspections today exceed the USDA inspections. We
inspect for records and identification purposes. We inspect
for, you know, looking at IDs via tattoos, microchips, collar
tags. We do DNA for parentage. Our care and conditions look for
cleanliness, parasite infestation, safety of the materials the
breeder uses, and the adequacy of the shelters.
What I am saying is that when an individual is inspected, a
kennel, by the American Kennel Club, if they meet these
rigorous requirements, then the proposal we spoke of would be
to basically allow an exemption so that the dollars could be
spent inspecting those facilities and those kennels who today
are not inspected at all and are under no regulation
whatsoever.
Senator Santorum. Does any other panelist have a comment
about that suggestion? No?
Mr. Maddox. I would only say, Mr. Chairman, that as noted,
PIJAC has worked closely with USDA for many years to enhance
enforcement of the Act, and we certainly, while this act seeks
to capture people that you feel need to be regulated, we
certainly would not want to see the ability of USDA to regulate
all licensees compromised in any way. So certainly, anything
that you would do to further the inspection capabilities would
be a positive step.
Senator Santorum. Targeting the resources to where the
problem is the most severe.
Mr. Maddox. Yes, sir.
Senator Santorum. Some other things have been brought up,
if anyone would like to comment, someone suggested that the
PAWS legislation would have a negative impact on sportsmen.
Does anybody want to make a comment on that, whether you see
that as a real threat to the sportsmen.
Mr. Menaker?
Mr. Menaker. I personally do not see that as a threat. I
think that most of what I have read is absolutely unfounded. I
believe that individuals have misunderstood what the
legislation is intended to do.
We at the American Kennel Club are proud of the fact that
we have had standards in place for the past 10 years, actually
beyond that when it comes to records, for the past 40 years for
records, and we do not see a problem having standards put in
place that are equivalent to the standards we already use.
Unfortunately, given the standards we have put in place, we
have had to suspend over 2,000 people in the last five years,
which has caused a reduction in our registrations of about 25
percent.
However, we are proud to say that we believe those people
should not be part of the American Kennel Club's process,
because their care and conditions and standards are absolutely
inappropriate. The problem is that they move out to the other
23 registries that have no regulation at all, so they beat the
system by moving out.
Senator Santorum. Other comment?
Mr. Hoffman. I concur with Mr. Menaker. Anybody who is
breeding 25 or more dogs or six or more litters, whichever is
greater, has crossed the threshold from a pure hobby into a
business and ought to be subject to the kind of regulation most
businesses are. All the Act requires is inspection and
compliance with decent treatment standards. That is not too
much to ask of anybody who is in business.
Senator Santorum. Another concern that I have read and seen
on the Internet and other places is that this legislation would
bring commercial regulatory standards into the home, that USDA
would do that. Anybody have any fear of that or concern that
something like that would be required under this act?
Mr. Menaker. Well, I certainly do not, speaking on behalf
of the American Kennel Club. As I say, we do it today. We have
been doing it today. Nothing changes, and I believe it is
appropriate. Anything we do in life, we have certain standards.
We have to set standards. We abide by those standards, and we
penalize or take action. The attempt is to try to change
behavior and to improve the care and conditions for the
animals. The attempt is nothing more than that. If the
individual complies, there is no reason why the individual
cannot continue to participate. Like everything else in life,
if the individual does not comply, they should not be allowed
to continue to do business in a manner that is not appropriate.
Senator Santorum. Another point I have heard is that state
laws are sufficient. Any comment on whether there needs to be
any regulation on the Federal level with respect to this as
opposed to just allowing state laws to take effect? I think,
Mr. Hoffman, you commented on that.
Mr. Hoffman. Yes, I do. The problem is that where the sales
are outside the local jurisdiction, there is very little
incentive for a prosecutor with limited resources to devote
time to them. He is going to spend his time on matters that
affect his local constituents.
Furthermore, animal cases tend to be low priority with most
prosecutorial agencies. You generally see better enforcement in
the large cities where the animal control agency is a municipal
agency as opposed to a private organization like an SPCA,
because they have more influence with the prosecutors; also, in
a large city, you will often have a particular deputy charged
with enforcing the animal control laws. He will have some
experience and is not starting from scratch.
But when you get outside of the large cities to a smaller
place like Lake Elsinore, for instance, and having done work
for other rescues around the country, I am aware it is pretty
well uniform, it is very difficult to get someone to spend a
day or two reading up on animal laws and prosecuting these
things when they have murders, robberies, and all the other
things that affect their people more directly.
Senator Santorum. You have laid out in your testimony, Mr.
Hoffman, some violations of the laws in these Internet sales.
Are you aware of any work being done by APHIS or USDA under the
Animal Welfare Act to deal with the problem that you have seen?
Mr. Hoffman. USDA does prohibit transport of dogs younger
than eight weeks, and the burden of that initially falls on the
carriers. But they are dependent on the paperwork. They cannot
tell how old the animals are. And yet, as you have seen from
one of the ads, someone is advertising seven week old puppies
imported from Europe. Obviously, those puppies were transported
at less than eight weeks of age.
There are also CDC regulations which prohibit sale of
puppies less than 30 days after vaccination for rabies at a
minimum age of three months in most States, four months in
others, which means that they cannot be sold at less than four
months or five months of age. There is absolutely zero
enforcement. The CDC has told me they have no funds for
enforcement, and all of these importers are advertising younger
dogs.
There is not much demand for four and five month old
puppies, so the puppies are sold as soon as they arrive. For
the CDC, it is a fairly low priority, because the puppies are
suffering generally from diseases which are not transmissible
to humans, and the CDC's concern is mostly with human
infection.
Part of PAWS will allow the USDA to enforce regulations of
other Federal agencies. I think this would go a long way
towards helping with that situation, because the USDA would
probably be more motivated to enforce the confinement
regulations than is the CDC.
Senator Santorum. Thank you.
Mr. Maddox, you mentioned some concerns you had. You also
mentioned that we have been working and trying to address
those. I guess my question to you is that given where that
discussion is, do you believe that we have adequately addressed
the concerns that you have with the original draft with the
modifications that have been discussed with you?
Mr. Maddox. Mr. Chairman, I am not certain precisely where
we have ended up with negotiations, so I want to offer that
caveat. But I do believe that based on what we have discussed
and what we have offered in response to that that it does
appear that you may be addressing pretty much all of PIJAC's
concerns, in which case, obviously, we would no longer oppose
the bill in any regard.
Senator Santorum. I guess you say that you would no longer
oppose the bill, are there any provisions of the bill that you
would support, any ones that you would--
Mr. Maddox. Mr. Chairman, as we noted, we absolutely
support the enforcement provisions with regard to the extension
of the suspension period and with regard to the injunctive
authority of USDA. We believe this will substantially aid the
agency in their enforcement efforts, and we wholeheartedly
support those provisions of the bill.
The one bill with regard to the so-called threshold at
which you distinguish between commercial and hobby activity is
a provision, Mr. Chairman, that we really are not taking a
position on. We do recognize, and I think everybody recognizes,
that there is some type of activity that is hobby or
noncommercial in nature, and obviously, there is a great deal
of activity that is commercial in nature. Where you draw that
distinction is something that we have not stepped in on,
primarily because it would not directly affect the commercial
pet industry. We are already regulated in that regard.
Our people are already licensed, and it would not expand
our licensure by this bill. But certainly, by the same token,
we are not opposing that measure. We simply do not feel that it
directly impacts our industry, and therefore, we are taking a
neutral stance on that particular provision, Mr. Chairman.
Senator Santorum. Do you feel that your industry has been
affected or harmed by this change in the industry with respect
to sales of animals?
Mr. Maddox. Well, Mr. Chairman, we certainly, as noted, we
endorse effective enforcement of the act. We believe that is in
the best interests of the public, of the pets, and of the
commercial pet industry. We believe that those persons who fail
to meet requirements of law should not be in the industry, and
we are pleased to see them either brought up to standards or
put out of business.
I do not know, and I do not think anybody knows, the degree
to which the import and Internet sale of dogs is occurring. So
I cannot address, you know, I cannot address the degree to
which that might be affected the pet trade. But certainly, as I
said, persons who should be licensed and should be observing
Federal standards but are not, we want them either brought up
to snuff or put out of business.
Senator Santorum. Does anybody have any further comments
before I dismiss you?
Thank you all very much for coming, and if the second panel
could now take your seats, I would appreciate it. While that
panel is getting situated, I just want to enter into the record
a statement by Senator Stabenow and Senator Durbin and other
information that we have received prior to this hearing to be
made a part of the record
[The prepared statements of Senators Stabenow and Durbin
can be found in the appendix on page 26.]
Senator Santorum. With that, let me thank our second panel
of witnesses. We have Mr. Wayne Pacelle, who is the President
and CEO of the Humane Society of the United States; Ms. Sara
Amundson, who is the legislative director of the Doris Day
Animal League; and Ms. Norma Worley, Director of the Animal
Welfare Program at the Maine Department of Agriculture. Let me
thank all of you for coming and with your patience in
testifying here.
Mr. Pacelle, I want to thank you in particular for all the
work that you have done over the years in working with this and
your willingness to sit down and work through as we have just
seen with the prior panel a lot of issues and a lot of
sometimes very prickly issues. And dealing with the cooperation
that we have had from you has been outstanding, so I appreciate
that.
Mr. Pacelle.
STATEMENT OF WAYNE PACELLE, PRESIDENT AND CHIEF EXECUTIVE
OFFICER, THE HUMANE SOCIETY OF THE UNITED STATES
Mr. Pacelle. Well, thank you very much, Mr. Chairman. As
you said, I am Wayne Pacelle, President of the Humane Society
of the United States. We are headquartered in Washington, DC We
have 9.4 million members and constituents, including more than
300,000 in Pennsylvania, and this is not a quid pro quo, but we
are grateful to you for all of your leadership throughout your
career in public service.
This has not been a fleeting concern of yours. I remember
standing with you more than a decade ago on this very subject
of commercial dog breeding operations, and I appreciate that
you have stuck with it to such a degree and also in a very
bipartisan way, attracting Senator Durbin also in the efforts
that you have made to secure funding. There is one thing to
have authorizing legislation. There is another matter to see
that the existing laws are properly implemented, and your
leadership with that of Senator Levin and others in securing
adequate funding, an 81 percent increase in funding for the
Animal Welfare Act over the last five years, has really
tremendously helped not just the dogs and the cats but all of
the other animals regulated under the Animal Welfare Act as
well as the Horse Protection Act, which is another major law
that you have helped to seek funding for.
And frankly, I must admit also, and I would like it to be
reflected in the record, your other efforts to amend the Animal
Welfare Act regarding Section 26 regarding animal fighting and
combating the barbaric practices of dog fighting and cock
fighting; so we are deeply grateful to you for all of your
efforts and in particular this effort here.
As you know, the Animal Welfare Act was established in
1966, so next year will be the 40th year of enforcement to
protect animals on a nationwide scale dealing with regulated
industries that by their nature deal with interstate commerce.
And that is really the issue here. We work very aggressively at
the State level on these issues, and many of the issues are
State issues, and we welcome our cooperation, collaboration,
with State agencies and also local agencies.
But some industries are of a national or international
scope that require Federal intervention, involvement,
regulatory oversight, and that is precisely the case with the
pet trade and the dog and cat trade. And essentially what we
have here is I think a very modest bill, a bill that
fundamentally deals with the question of fairness. You have a
regulated community that is covered because they are selling at
a volume that has triggered enforcement by the USDA, and they
are selling at wholesale.
Because of the Internet, we have a circumstance which the
Animal Welfare Act authors in 1966 and subsequent amendment
authors, 1985, could not have anticipated the advent of the
Internet and could not have anticipated the very brisk sales
that now exist. If you Google various breeds of dogs and ask
puppies for sale, you will see any manner of large scale
breeders who are selling direct through the Internet to the
public. These people are not covered under the standards of the
law.
So the folks who are selling to pet stores are covered and
are supposed to comply with some of the most basic provisions
of care, feeding, water, shelter, and the like, yet you have
now a growing and large class of individuals who are selling
direct through the Internet who are not covered. So it is
unfair to the existing regulated community. It is unfair to
consumers, who have no safeguards but the conscience of some of
those people, and some of them, we have seen time and time
again do not have much conscience in this regard in terms of
animal welfare and finally in terms of the animal's welfare
itself, we believe that this public policy is well justified on
that basis alone.
And I will say that this is not just a theoretical concern
about the Internet. It is not an anticipatory concern in the
sense that we think this may be a problem. This is a problem
here and now. And my colleague at the Doris Day Animal League I
know is going to show some imagery and go into some details,
but in our written testimony, Mr. Chairman, we have a litany of
cases of people selling animals through the Internet, one just
a little more than a week ago on October 28; 151 dachshunds and
springer spaniels and one cat were found, many described as
skin and bones at the home of a retail dealer in Vero Beach,
Florida.
In 2004 in Macomb, Missouri, a case involving an Internet
dealer, 147 live dogs and four dead dogs, all with severely
matted fur were found in dilapidated wire cages covered in
feces, many with eye ailments, hair loss, deafness, blindness
and tumors; a litany of these cases which more than justify
this change in the law to cover people who are escaping
oversight when the Congress has essentially said in its past
lawmaking that if you are dealing at this scale in terms of
sales, you should be covered.
And in terms of the cruelty statutes at the State level, we
work very hard, Mr. Chairman, on this issue, and now, 42 States
have felony level penalties for certain acts of cruelty. But we
do not want it to progress to a state where animals are in a
terrible condition before we act. The very purpose of the
Animal Welfare Act is to try to maintain standards so we do not
degenerate to a circumstance where you have to have an
intervention and a cruelty case, and I think that the cruelty
laws are critical but in no way address what we are talking
about here.
And I would also mention that States and private agencies
like the Humane Society of the United States, local humane
societies, bear the cost when these cases degenerate to this
level. This is not a puppy mill case, per se, but we are now in
Arkansas dealing with 500 dogs in a hoarder case, and it is
going to cost us hundreds of thousands of dollars to deal with
these 500 animals, hundreds of thousands; dealt with by our
society, our members giving money to us to help animals that
did not anticipate this terrible case of cruelty.
So if you have a regulatory program that is keeping tabs on
people, that is holding them to standards, you prevent these
sorts of cataclysmic circumstances from occurring.
I will also just mention in closing, Mr. Chairman, that in
your legislation, you are not adding welfare standards. You are
simply logically applying the existing standards to people who
should be covered and who the Congress frankly would have
covered if they had known about the advent of the Internet when
these provisions were originally enacted. Concerns about
rescue, breed rescue groups being covered are really a
tremendous stretch on the part of critics of the legislation.
They would not be covered. But we would support clarifying
language to make sure that these people are assured it is not
our intent; we know in discussing with your staff these matters
that it is not their intent nor your intent to cover them.
In a broad sense, let me just thank you again for your
leadership on this issue. Animals really live at our mercy.
They require our merciful actions and our kind actions in order
to get through each day and each week and each month, because
we domesticated them. We have created a dependency, and we have
a responsibility to care for them and to protect them, and the
Federal Government has an important role, and that role should
not be shirked, and we appreciate your stepping up.
[The prepared statement of Mr. Pacelle can be found in the
appendix on page 110.]
Senator Santorum. Thank you, Mr. Pacelle. We appreciate it.
Ms. Amundson.
STATEMENT OF SARA AMUNDSON, LEGISLATIVE DIRECTOR, DORIS DAY
ANIMAL LEAGUE
Ms. Amundson. Thank you very much, Mr. Chairman. It is
truly my pleasure to be here today in support of PAWS. We are
greatly appreciative of your incessant efforts to not only
ensure that there is appropriate protection for animals under
the Animal Welfare Act but also to ensure that USDA has the
resources necessary to implement those needs.
I would also like to thank your colleague, Senator Durbin,
for his leadership role in this area, and I must note that the
staff members have been particularly helpful in ensuring that
this broad coalition actually comes together today in support
of your bill.
Mr. Pacelle spoke to age of the Animal Welfare Act, and
specifically the amendments in 1970 and 1976 went to the heart
of what it is we are speaking about today. Those amendments
were there to ensure that breeders who were selling through
brokers to pet stores were actually licensed, regulated, and
inspected under the Animal Welfare Act. And let us be direct
about it: it made perfect sense at that time that those were
the targeted large, commercial breeders who were actually
coming under the auspices of the Animal Welfare Act.
Unfortunately, times have changed. Times have changed
because what we are seeing is those individuals who would like
to purchase a puppy are finding it more and more difficult to
actually go to a breeder's property and take a look at the
conditions the puppy is kept in to ensure those animals are
raised with some minimum standards of care. That is the thrust
of the retail pet store exemption and so the need for PAWS.
In 1989, the Doris Day Animal League was introduced to this
issue by a gentleman in Pennsylvania who purchased a dog out of
the back of a trade magazine. Unfortunately, the dog was
purchased from a breeder in the State of Oklahoma, was
transported on a commercial airliner in the cargo hold, and by
the time the dog reached the consumer in the State of
Pennsylvania, it was so ill that in effect, it died shortly
thereafter.
USDA refused to investigate the situation, because, of
course, this was a retail sales issue. And from their
perspective, the Animal Welfare Act did not to regulate those
individuals.
Times have changed. Today, we can access any search engine
on the Internet, simply type in a few words, and immediately,
we have access to just reams of information. In fact, just
yesterday, I typed in ``Maltese puppies for sale'' into the
Google search engine, and here is what we are looking at: just
a handful of the Websites that are available for selling these
puppies online. I wound up with 500,000 hits with that
terminology alone.
And unfortunately, as consumers become more and more
comfortable with actually purchasing items over the Internet,
it has grown from purchasing televisions to living, breathing
puppies. In a recent article we noted in ``The New York
Times'', the American Pet Product Manufacturers Association
stated that 200,000 American households purchased puppies
online just last year, and obviously, this is a money making
venture, because these puppies are selling for between $500 and
$5,000.
For the past several years, the Doris Day Animal League has
been tracking these direct sales cruelty and neglect cases, and
Mr. Pacelle certainly alluded to the cost to society and the
animals in these cases. You will see a couple of posters here
that demonstrate some of what we have seen. In early 2004, 230
dogs were seized from a breeder in Tennessee. This breeder was
selling directly to the public, so of course, fell through the
cracks and was not licensed, regulated, or inspected.
It is estimated that the county spent $100,000 on ensuring
that the seizure took place, the animals were provided
appropriate veterinary care, and then, the resolution of the
case was reached, and those animals were adopted out in cases
where they could be.
A vet testified at that trial that some of the female dogs
could barely stand, had large tumors; three of them were
completely blind and over the age of 13 years, and yet, those
females were still being bred. If this dealer had been under
the jurisdiction of the Animal Welfare Act, most of those
issues would have been egregious violations of the Act.
Instead, as Mr. Pacelle said, it fell to the States and the
locality to actually prosecute the breeder. The other photo
there depicts conditions in a particularly egregious case in
the State of Kansas.
Some breeders are using this loophole in the Act to avoid
regulation altogether, including one in Michigan, who had her
license revoked by USDA in 1992 because she was selling through
pet stores. Now, she is selling direct to the public, and there
is a second case of a number of cruelty charges that have been
filed against her. I think it is important to note that most of
these cruelty or neglect cases are demonstrating seizures of
100 to 200 to 450 dogs and puppies. These are clearly large-
scale, commercial breeders.
Chairman Santorum, just a cautionary note: while we are
generally appreciative of the ability that we have all had to
rack through some extremely difficult language and reach the
point that we are at today, and we certainly recognize that
USDA has limited resources, I think it is important to note
that there is no other area of the Animal Welfare Act that
currently exists where there is a third party certification
program for actually inspecting kennels. And in fact, USDA,
under the Horse Protection Act, has done an analysis of what
has transpired with that program and certification for third-
party inspections, and it clearly shows that USDA inspectors
are citing far more violations under the Horse Protection Act
than those independent third party inspectors.
We strongly support the language and the threshold in this
bill and certainly see that USDA has been afforded some
wonderful additional tools for the cases that they are looking
at, and we would like to see that the language remain the same
in those areas.
It has been a pleasure to work with you, and we are looking
forward to passing $. 1139, the Pet Animal Welfare Statute.
Thank you very much.
[The prepared statement of Ms. Amundson can be found in the
appendix on page 29.]
Senator Santorum. Thank you, Ms. Amundson.
Ms. Worley.
STATEMENT OF NORMA WORLEY, DIRECTOR, ANIMAL WELFARE PROGRAM,
MAINE DEPARTMENT OF AGRICULTURE
Ms. Worley. Thank you, Senator.
Senator Santorum. Thank you.
Ms. Worley. It is a pleasure to be here today in support of
this legislation. As you mentioned earlier, I am the director
of the Animal Welfare Program from the great State of Maine,
and I am definitely speaking in support of this legislation.
I have been in my current position for two and a half
years, but prior to retiring to Maine in 2001, I spent 21 years
as an animal cruelty investigator in Southern California.
During my tenure both in Maine and California, I have
investigated hundreds if not thousands of animal cruelty cases,
including many dealing with breeding kennels.
As you are aware, animal welfare issues, in addition to
being difficult, are usually emotionally charged. It can be
extremely controversial. It is characterized by complaints from
the public demanding that the animals they believe are being
abused or neglected be removed immediately, regardless of what
the law allows us to do or even the rights of the owner. The
media may also compromise these investigations because, as the
editors put it, everyone likes a good animal story. All this
eventually results in lengthy debates in both State and Federal
legislatures analyzing and reanalyzing if our animal cruelty
laws, if they even exist, are sufficient.
There are thousands of breeding kennels across the country
that do everything in their power to protect their animals and
obey the law. I am sure that you have heard from some of these
breeders regarding this legislation. It is important that these
law abiding kennel owners know that they have nothing to fear
from this proposed statute, and there is no slippery slope or
hidden agenda. Unfortunately for every one of these lawful and
ethical kennel owners, there are many if not more who see
animals simply as a commodity and a way to make a quick buck.
The PAWS statute before you today identifies and seeks to
correct several loopholes in current Federal law that allows no
protection for dogs and cats sold directly to the public by
large scale breeders. This legislation will mandate protection
be applied for these animals regardless of what State the
breeder lives in.
The State of Maine and its domestic animals are fortunate
that we have some of the strongest laws in the United States,
thus protecting them from unscrupulous breeding kennel owners.
This is not to say that we have no such breeders, because we
do. Of the 800-plus animal cruelty complaints that we have
received this year, just alone or alone the State of Maine
Animal Welfare Program, we have spent hundreds of hours on
three investigations involving a pet shop and two breeding
kennels.
The end result was 250-plus dogs removed from these two
kennels, and fortunately, these are the lucky ones, as they
were adopted into loving, forever homes and have been spayed
and neutered to help stop this cycle of abuse. Unfortunately,
the pet store just moved to another State whose laws are not as
effective.
Even with these effective kennel laws, not a week goes by
without the Animal Welfare Program receiving a heartbreaking
complaint from a new owner who has purchased a pup or kitten
than a less than honest breeder. To even complicate things
more, we now have a new twist in marketing for these dishonest
breeders. As with all new avenues of commerce, the Internet is
the latest tool to sell dogs and cats.
Unfortunately, the Internet can reach out all over the
world and is difficult to track without cooperation of the
user. There is nothing more frustrating to us than to receive a
complaint from a new owner that may live 3,000 miles away who
is heartbroken over the pup or kitten they have just received.
The usual scenario is these complainants are surfing the Net,
looking for a particular breed and fall in love with a picture
of what they think is their ideal pet. Some are looking for
show caliber dogs; some just like the particular breed and want
a pet, and then, there is the smaller minority who are even
seeking to start their own breeding kennel.
But going back to the dilemma of the new owner, usually,
the story entails how they purchased this dog over the Internet
and are eagerly awaiting the arrival of the new addition to
their family. However, in most cases, it is anything but a
happy event when the animal arrives. These young pups,
sometimes as young as five and six weeks old, are shipped to
the new owner by air in a small crate held in the cargo area of
the plane for trips that can be up to 12 to 15 hours in length.
Upon arrival, they are usually sick. Some may have genetic
disorders from poor breeding or are just a horrible example of
the breed. The new owner tries to contact the breeder by email
or letter, only to be told, if they get an answer at all, their
choice is to either return the animal to the breeder, which
means reshipping back across the United States to be treated by
the breeder's veterinarian or basically tough luck, no
compensation.
The breeder usually has in their contract that includes no
refunds for the purchase price or any compensation for
veterinarian bills that the new owner may acquire. At this
point, the new owner is totally confused, angry, frustrated,
but in most cases now has fallen in love with this poor
creature, which is what the unscrupulous dealer hoped would
happen.
Now, the owner is faced with the horrendous choice of
spending perhaps thousands of dollars at their vet with the
hope that the dog recovers or to return this poor critter to an
uncaring breeder and an unknown fate. As you would suspect,
most decide to keep the animal, even though it is not what they
wanted, is not healthy, and they may be saddled with
outstanding bills for the rest of the animal's life.
The positive side is these animals are the lucky ones, as
they will spend their lives in forever homes. Unfortunately,
others will be sent back, where they will be nursed back to an
appearance of good health, only to be sold again in an attempt
to recoup the dealer's losses or immediately euthanized.
So who is the real victim in these cases? Many will say it
is the purchaser. They were taken advantage of. Others will
scoff and say buyer beware; they got what they deserved for not
doing the research. Others will say this is simply a civil
matter, and this is what the courts are for. But keep in mind
that courts are charged with settling disputes based on paper
trails and not live animals.
I come before you today to say the real victims in these
cases are the puppies and kittens who are taken too young from
their mothers; that are not socialized; many times are ill or
genetically inferior; and then shipped in cargo holds of
airplanes, sometimes enduring trips in length; and now are
unwanted. It is beyond my realm of understanding how anyone
could stand by and allow this to happen.
The victims of these horrendous acts must be protected the
same as domestic animals who are sold to commercial facilities.
The closing of these loopholes must be addressed now in order
to protect the voiceless victims in States where they have
little or no protection. Again, I thank you for this bill, and
I hope the Members of the committee will vote in support of it.
[The prepared statement of Ms. Worley can be found in the
appendix on page 123.]
Senator Santorum. Thank you, Ms. Worley. Appreciate it.
I just want to review a few things that have been brought
up, again, by those who have expressed opposition to 1139.
First, just reading some of the newspaper ads from today's
paper, it says that one claims is PAWS would dramatically
change the Animal Welfare Act. Does the PAWS legislation change
the Animal Welfare Act other than who the Animal Welfare Act
covers?
Mr. Pacelle. It really does not meaningfully change the Act
except to make it more fairly applied to individuals who are
sidestepping the regulatory scheme that exists and that many
people are operating under just fine. You know, it is not as
if--
Senator Santorum. So there are no new requirements under
the Act as far as animal welfare kinds of provisions.
Mr. Pacelle. No, there are no breeding restrictions. There
is no socialization requirement. There are none of the things
that have been long discussed, but they are not in this
legislation.
Senator Santorum. Some of you have commented on, and last
panel did, about the changes in the industry. One of the claims
here is that less than half of a percent of all dogs who are
acquired via the Internet or the like. Do you have any numbers
or any sense of, number one, where we are with respect to that
and if there is any trend with that regard as far as Internet
sales and sales of dogs from overseas?
Ms. Amundson. Well, Chairman Santorum, I would be hard
pressed to come up with some sort of final number. However, I
will say that a major trade association, which clearly tracks
trends with pets has stated just last year 200,000 puppies were
purchased over the Internet. I do think it is important to note
that while the Internet is perhaps the most available vehicle
for these direct sales, clearly, it is taking place through ads
in trade magazines, local newspapers, and a variety of other
mechanisms, too.
Mr. Pacelle. I would say, Mr. Chairman, that I would love
to see some documentation for that figure. It sounds made up,
and it sounds like it is just a convenient number thrown out
there to minimize the value and importance of the legislation.
It is a growing industry. You know, we, as Sara indicated,
Google these sites; they would not exist in the number that
they are but for the economic activity.
Senator Santorum. Another comment here is that the PAWS
legislation would Federalize the breeding of home-raised pets.
Do you intend to Federalize the breeding of pets, people who
have, like me, who have a dog who had a litter? Do you want to
Federalize folks who have a dog that has a littler of puppies?
Ms. Amundson. Mr. Chairman, I simply cannot fathom how that
could be accomplished. For obvious reasons, the Animal Welfare
Act is an interstate commerce vehicle, which is why it is the
Federal Animal Welfare Act. And certainly, in any written
information that the Doris Day Animal League has provided over
the years we have looked at this issue, we have never supported
the concept of having USDA inspectors in the living rooms of
individuals who may breed an occasional litter. In fact, it
flies in the face of Congressional intent under the Animal
Welfare Act, which clearly states that this Act is geared
toward commercial ventures and not to occasional breeding of
companion animals.
Mr. Pacelle. I think that, you know, your legislation
clarifies it more than existing law does, that these people
would not be covered?
Senator Santorum. Could you explain that, why it actually
takes a step in the direction of clarification?
Mr. Pacelle. It does, because you have essentially set a
new standard, a higher threshold, six litters per year, 25
dogs, for sale purposes in interstate commerce in order to
trigger the enforcement activity of the USDA.
Senator Santorum. So if you are a hobby breeder that has
three females, and you breed them once a year, you are not
going to be connected with this.
Mr. Pacelle. You are not covered, and AKC, which is the
main industry group, the one that has been around for 100
years, has said that the vast, vast majority, 96 percent plus,
of its people do not come under the provisions of the Animal
Welfare Act now and that we would not be adding new ones at
this--if this legislation were approved. The law now is a
different standard, a lower standard, so I think people should
feel better about your legislation.
Senator Santorum. Another question was raised about
sportsmen and whether they would be treated differently under
this act than prior acts, than the current Act, I should say.
Ms. Amundson. I would certainly have to concur with the
response that was provided with the first panel. And again, I
will remind individuals in this room that hunting, breeding
security dogs are already covered under the definition of
dealer in the Animal Welfare Act. This does not create a new
sort of mechanism for ensuring that those individuals are
regulated.
Ms. Worley. I think it is important to bring up that the
State of Maine is very much a sportsmen's, hunting State. I did
have some conversations with a couple of sportsmen's group who
had expressed, you know, interest that this was new legislation
that was going to affect them. But when I reminded them that in
the State of Maine that if you sell more than 16 puppies, you
have to be licensed, and basically, they said oh. So they
understand, too, that some States are more stringent, and this
will not affect them. But at that point, they said okay, we can
support it.
Mr. Pacelle. And let us point out that, you know, we are
not talking about coming into your home and ripping apart your
drawers and looking under your bed. We are talking about basic
animal welfare standards. No one should be afraid if they are
caring for their animals. If their animals are fed and watered,
and they have shelter, there is no problem. This is just basic,
you know, the Government is not coming in and pulling apart
people's homes here.
Ms. Worley. I would just like to add that having been an
investigator animal cruelty for over 25 years and now in Maine
that I do not care what goes on in the living room, but if they
are breeding dogs, I do, and I would like to get into their
kennels. That is all I am interested in.
Senator Santorum. Mr. Pacelle, you mentioned the issue of
animal rescue. That seems to be another constant I would say
misinterpretation that somehow or another, that this bill will
adversely affect animal rescue organizations. Can you comment
on that directly?
Mr. Pacelle. I find that a very, you know, fanciful
argument. These people are not engaged in commercial sale of
animals for profit. These are rescue groups who are providing
assistance to animals in need, and they are not engaging in
commercial transactions. They are not covered under the
existing law now. They are not selling large numbers of
animals. And I think most importantly, they are not breeding
the animals. I mean, this is a breeding trigger in many
respects, and the breed rescue groups are not engaging in
large-scale breeding of animals.
Senator Santorum. So it is not your intent that the PAWS
cover these organizations.
Mr. Pacelle. No, and, as I said, you know, if you want to
clarify the language--we think that as exists, it is fine, but
if, you know, you and some of the other backers of the
legislation like AKC want to see this tailored to really
underscore that, we would not object.
Ms. Amundson. Mr. Chairman, if I may, I would say it would
be defeatist on our part to in any way, shape, or form have
this bill construed as covering rescue organizations or rescue
individuals. For obvious reasons, coming from the animal
welfare community, these are the very individuals who are
providing a significant service in these cruelty cases where
you have got these large seizures of dogs.
So whether we need to work toward a savings clause or
something along those lines that will provide some further
demarcation, I would say there is nothing in the current
language that should be construed as encompassing rescue
groups.
Senator Santorum. Thank you.
We have another vote scheduled here in five minutes, so I
am going to thank you all very much for your testimony. I
appreciate, again, all of you on both panels for the
cooperation, and as I said at the very beginning, this is a
work in progress. We hope to have a discussion draft with
amendments that have been talked about in the last two panels
available to the public in the next couple of weeks, and we
will use that as a further point of discussion to try to get,
as I said before, a broad consensus to move something forward
to the benefit of pets and pet owners.
Thank you very much. We are adjourned.
[Whereupon, at 4:09 p.m., the subcommittee was adjourned.]
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A P P E N D I X
November 8, 2005
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November 8, 2005
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