At the highest level, my opinion is that “animal welfare” policy (local, state and federal) is one very important leg of the proverbial “three-legged stool” in addressing the puppy mill problem (as well as other animal welfare issues). In addition to animal welfare policy, it is essential to address the “consumer” problem with education campaigns as well as with novel incentive/disincentive policies (at a local, state and federal level). And, finally, it is also important that nationally recognized breed registries do their part by setting responsible registry rules and by putting the data they collect as part of the (new or existing) registration process to productive use.
With that context established, I support the primary goal of the rule change because Merciel’s post (quoted below) is correct. Many high-volume commercial breeders switched their business model to sell direct to the public via the Internet vs. through a pet store for all of the reasons Merciel cited AND because they would be exempt from the AWA in so doing.
The rule change under discussion in this thread voids that exemption by changing the AWA’s definition of “retail pet store” from the way it had been previously defined. The rule change is attempting to address the fact that the Internet has profoundly impacted the way commerce is conducted in this country.
Re: Potential evasion by target entities
The financial analysis of the industry conducted by APHIS leads them (and me) to believe that the current “click and ship” business model that this new type of puppy miller employs is so lucrative that they will opt to become licensed versus changing their business model to selling puppies solely via face-to-face transactions. And, if they chose to instead sell wholesale to pet stores, they would, by long-established policy, automatically become subject to the AWA.
Re: Purpose and value of the AWA
As I have already said multiple times on this thread, it is my opinion that it is important that these types of establishments be held accountable to the minimum care and handling standards set out in the AWA and that they be subject to inspection.
Once again, when you look at photos of USDA-licensed puppy mills, you have to ask yourself the question of whether these animals would be better off –or worse off – if the operators of such establishments were not subject any standards. The existence of these operations is not proof that the AWA is ineffective. There is no existing law, the AWA included, that bans high volume commercial breeding operations. The AWA establishes standards and seeks to enforce them. Without the AWA, there would be no unified minimum standards and, more importantly, no access for federal and state enforcement mechanisms.
I, personally, do not trust the operators of those types of establishments to self-regulate when it comes to establishing and maintaining even the most basic care standards if they are not subject to oversight (which IS the case right now in most states).
Furthermore, the inspection and enforcement authority serves many purposes including making information available to the public for use in educational campaigns.
Some would say that state regulations are enough, there is no need for federal involvement. Well, an analysis of state laws indicates that the majority of state animal welfare laws fall below the principles set out in the AWA, and under current commercial breeder laws, many breeders can evade the laws by moving to a state that has more lenient regulations.
The AWA, by mandating inspections, allows federal inspectors to provide information to the states. One benefit of that access is that they can provide information to help the states enforce applicable anti-cruelty laws (at least, in those states that have actually have any meaningful anti-cruelty laws on the books.)
Re: Enforcement issues
I agree that enforcement has been a problem, but I do not agree that this is a reason to throw out the AWA. The recent OIG Audit resulted in several recommendations on how APHIS Animal Care can improve enforcement practices. Many of those recommendations are in the process of being acted upon.
Re: Problems with the rule change that I have acknowledged on this thread
For most of them, I understand the underlying reason they are what they are as they directly relate to the authority APHIS Animal Control has to unilaterally make changes to the AWA without legislative involvement. In other words, to make the rule change a less “clunky” change to the requirements of the Animal Welfare Act (i.e. directly address the primary goal of the rule change), the changes would have to be made in Congress.
I do think that the fact that a breeder like Chris feels that she “may” be affected means that they should have done a better job in writing the exemptions and defining the term “breeding female.” To me, the biggest problem with that is the fact that APHIS will probably have to spend a lot of time and effort addressing the concerns of low-risk breeders - and evaluating “breeding female” status of low-risk breeders. I think that creates an unnecessary burden on the system.
Re: Summary thoughts
I do find it interesting (not to mention amusing) that people on here are so outraged by the idea of an Animal Welfare Act and this rule change. Our federal (and most state) laws on this topic are lagging when compared to most other developed countries. I guess that the HSUS got to them first… :rofl:
In all seriousness, if you (some of you) want to have a credible voice in shaping public opinion and policy, you will have to engage in the conversation in a meaningful way. Reliance on extremist propaganda that positions the government as being part of larger anti-pet conspiracy will not serve you well. On other threads, I have said that your concerns – and the resulting policy – would be better served if you actually engaged in reasonable dialogue with governing bodies on the issues at hand. I know, that sounds crazy to some of you… but, that would likely result in laws that did a better job differentiating between responsible and problematic breeders.