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Federal PUPS Legislation Information Update
July 22, 2010
The American Kennel Club and our Washington, D.C.-based advocacy team continue to closely monitor S. 3424/H.R. 5434, the federal Puppy Uniform Protection and Safety (PUPS) Act. There has been no official action on the bill since its introduction in late May.
As previously reported, the 2010 PUPS bill seeks to expand federal regulation of dog breeders who breed and sell more than 50 puppies a year directly to consumers. This version is a significant improvement over previous versions, which focused on the number of dogs owned, regardless of what was bred or sold. This version would require the new category of breeders to abide by basic minimum standards of care and conditions and to abide by new performance-based exercise requirements.
However, the AKC also has a number of serious concerns with the bill as introduced. Some of these concerns include:
- Definition of "breeding female" as an intact female dog aged 4 months or older. Female dogs are not sufficiently mature at 4 months of age to be bred.
- Definition of "high volume retail breeder" that is overly broad and does not take into account co- and joint ownerships. Additionally, a reference in this definition to the number of dogs owned by a breeder is unnecessary and potentially misleading.
- Exercise language should be clarified to ensure that the daily exercise requirements do not preclude training that involves other types of activity as well.
We will continue to monitor this legislation vigilantly and to outline our concerns regarding PUPS legislation to appropriate members of Congress and staff. Given the issues that AKC and other responsible dog owner groups have raised, and that Congress will be in session for fewer than six weeks prior to the November elections, it is not likely that there will be action on PUPS in the near term.
AKC will continue its education campaign with legislators and we will keep you up to date on any new developments.
Click here for details http://www.akc.org/news/index.cfm?article_id=4163
Grants for States that pass Devocalization Legislation!
May 27, 2010
U.S. Representative "Dutch" Ruppersberger (D-MD) has introduced HR5422, A Bill to Authorize the Secretary of Agriculture to make grants for the prevention of Cruelty To Animals, which will authorize the Secretary of Agriculture to make grants up to $1,000,000 to states that have enacted laws prohibiting the performance of devocalization procedures on dogs and cats for purposes of convenience.
Federal PUPS legislation introduced
May 27, 2010
U.S. Senator Richard Durbin (D-Ill.) introduced US Senate bill S. 3424 late Tuesday evening. The bill is designed to close the "internet loophole" in the Animal Welfare Act which allows breeders who sell numerous puppies over the internet or directly to the public to avoid the USDA regulation required of other breeder-retailers.
The measure, called the Puppy Uniform Protection and Safety Act (PUPS) is a complete revision of previous measures by the same name. This bill would require individuals who breed and sell more than 50 puppies a year over the internet or directly to the public to be regulated by the USDA.
The bill amends the Animal Welfare Act in the following specific way:
1. Defines anyone who breeds and sells more than 50 puppies a year as a High Volume Breeder Retailer. High Volume Breeder Retailers would be required to abide by current USDA dog dealer regulations. These regulations require kennels to: Obtain a USDA license; Meet federal minimum standards of care; Be inspected (generally not less than once every two years) by the USDA.
2. Requires new exercise standards that allow a dog daily access to exercise that enables it to move sufficiently to maintain normal muscle tone and mass, the ability to achieve a running stride, and is not a forced activity.
The area for exercise should have flooring that allows for this type of exercise.
- It should be constructed of solid flooring or non-solid, non-wire flooring that is safe and appropriate for the breed, size and age of the dog, is free from sharp edges, and is designed so that the paw cannot extend throughout and become caught in the flooring.
- The flooring must be cleaned at least once daily, be free of infestation and designed to prevent escape.
- The bill provides an exemption from exercise for dogs that should not exercise for reasons of health/condition/well-being as certified by a licensed veterinarian.
This measure does not limit the number of dogs a person/kennel may own or define commercial breeders based on the number of dogs they own.
The measure would go into effect one year after the date of the enactment of this bill.
For a fact sheet on USDA Animal Care compliance inspections, click here http://www.aphis.usda.gov/publications/animal_welfare/content/printable_version/fs_awinspect.pdf
For a copy of USDA/APHIS animal care inspections checklists, click here - http://www.aphis.usda.gov/animal_welfare/downloads/Inspection_Requirements_Attachments.PDF
The AKC is currently studying the impact of this measure.
Government Relations Department
American Kennel Club
Federal Bill (HR615) requiring Antifreeze Bittering Agent
2009-2010 - 111th Congress
The Antifreeze Bittering Act of 2009 requires engine coolant or antifreeze that is manufactured six months after the enactment of this Act, and that contains more than 10% ethylene glycol, to include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent so as to render the coolant or antifreeze unpalatable. Requires a coolant or antifreeze manufacturer to maintain records of compliance with this Act. Limits the liability of manufacturers, distributors, recyclers, or sellers of engine coolant or antifreeze who are in compliance with the requirements of this Act for personal and property loss or damage to the environment that results from the inclusion of denatonium benzoate in any coolant or antifreeze. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of engine coolant or antifreeze containing 55 gallons or more of engine coolant or antifreeze.
The full text of HR615 can be downloaded by clicking here: HR615 Bittering Agent
Congress Trims NAIS Funding!
October 2, 2009
Thank you to everyone who took the time to call their Congressmen and the Conference Committee members to urge that they stop funding the National Animal Identification System. The Appropriations Conference Committee has issued its report, and included $5.3 million in funding for NAIS for Fiscal Year 2010. USDA had requested $14.76 million, so this is almost a 2/3 cut!
Although this is only a partial victory, it is a very significant step. USDA won't have the funds available to continue providing grant money to the States and private organizations to promote NAIS, removing one of the main tools they have been using to implement NAIS. And remember that USDA had been getting $33 million each year before the grassroots community began speaking against NAIS -- we've made a lot of progress!
So what will USDA do with this funding? FARFA, together with other organizations, recently sent a letter to Under-Secretaries Ferrell and Wright to urge them to halt the program and focus on better alternatives for animal health and food safety. You can read the letter at http://farmandranchfreedom.org/content/files/Ltr_Ferrell_Wright_090924.pdf
Working together, we can make our voices heard
Judith McGeary
Farm and Ranch Freedom Alliance
http://FarmAndRanchFreedom.org
Update: Senate Approves Nomination of Sunstein for Regulatory Czar
September 10, 2009
As expected, the U.S. Senate last night approved, 63-35, the nomination of Cass Sunstein to be Director of the Office of Information and Regulatory Affairs (OIRA) at the U.S. Office of Management and Budget. The role, also known as the "Regulatory Czar" is responsible for overseeing regulatory policy throughout the government.
The nomination was approved despite last-minute attempts by Sen. Johnny Isakson to put a hold on the vote. Senators Cornyn and DeMint, who had previously placed a hold on the vote, removed their holds following assurances from Sunstein that he would not seek to implement his personal views while overseeing the regulatory process.
Sunstein's nomination has been solidly supported by the Senate majority Democrats despite concerns expressed by hunters, animal groups and farmers about some of Sunstein's writings that advocated that state animal cruelty laws should be applied to hunting and livestock, and that organizations should be able to sue in court on behalf of animals.
While this office has traditionally had little impact on the dog owning community, the AKC Government Relations Department will work monitor new regulations and inform dog owners of any new policies being considered or implemented.
Click here for details http://www.akc.org/news/index.cfm?article_id=3945
Senate Confirmation of Animal-Rights Activist Cass Sunstein Will Have Hidden Costs
September 10, 2009
New "Regulatory Czar" Threatens To Nudge America Toward Vegetarianism, Loony Lawsuits
WASHINGTON--This afternoon the United States Senate confirmed the nomination of Cass Sunstein to head the Office of Information and Regulatory Affairs in the Obama White House. The confirmation came after three different senators placed procedural "holds" on Sunstein's nomination, and only succeeded after a highly unusual cloture vote on the Senate floor late yesterday. Sunstein is a self-described believer in the philosophy of "animal rights." He has argued that sport hunting should be illegal, that meat-eating should be rare, and that animals should have the right to sue human beings in courts of law.
Click here to read the entire article http://www.consumerfreedom.com/pressRelease_detail.cfm/release/277
AKC Taking Command - From Our Nation's Capitol
August, 2009
Congress is currently in recess for the month of August. They will be back in session in September and considering a number of issues of interest to dog owners:
Sunstein Nomination - The American Kennel Club is deeply concerned about President Obama's nomination of Cass Sunstein as Administrator of the Office of Information and Regulatory Affairs. The administrator, known as the "Regulatory Czar", oversees regulations throughout the government, and is believed to play a prominent role in President Obama's administration. While Sunstein is a noted legal scholar in the fields of constitutional, administrative, and environmental law, the AKC is troubled by some of his academic writings that advocate a radical animal rights philosophy.
While any Regulatory Czar is not likely to have a direct affect on dog law, the AKC believes that Mr. Sunstein's probable confirmation is of great concern. Currently, two Senators—Jim DeMint of South Carolina and John Cornyn of Texas—have placed "holds" on Mr. Sunstein's nomination. A nomination cannot move forward during Congress' regular session while a hold is in effect. The American Kennel Club is grateful to Senators DeMint and Cornyn for placing holds on Sunstein's nomination. AKC's Government Relations Department, in consultation with our federal legislative consultants in Washington, D.C., continue to carefully monitor the situation
House Concurrent Resolution 160 - This bill commemorates the AKC's 125th Anniversary and honors the AKC's service to dog owners and the general public. The bill has been referred to the House Committee on Oversight and Government Reform. The AKC encourages fanciers and breeders to contact their congressional delegation and ask them to sign on to this resolution.
H.R. 3266 - This bill, sponsored by Rep. Ron Klein of Florida, establishes a 5-year grant program called the "Wounded Warrior K-9 Corps". The program provides funds to organizations that will provide therapy dogs to veterans with disabilities. The AKC is monitoring this bill, which recognizes another tremendous benefit of dog ownership.
Senate Bill 1495 - This bill, sponsored by Senator Al Franken of Minnesota, also seeks to provide therapy dogs for wounded veterans. This bill would establish a 3-year pilot program to study the benefits of providing therapy dogs to soldiers suffering from a physical or mental disability due to service in Iraq or Afghanistan. In addition to providing dogs to a select group of veterans, Department of Veterans Affairs will study the associated therapeutic and economic benefits resulting from the program. The AKC is closely monitoring this legislation.
http://www.akc.org/canine_legislation/taking_command.cfm
Tester Amendment, to Cut NAIS Funding in Half, Adopted by U.S. Senate
08/05/09 Email to MassFed from the Farm and Ranch Freedom Alliance
The Senate adopted the Tester Amendment, which cuts NAIS funding in half, by unanimous consent!
When we began fighting NAIS over three years ago, Congress was appropriating approximately $33 million each year for the program. This year, the House Appropriations bill has no funding for NAIS, while the Senate version (thanks to the Tester amendment) has only $7 million in funding for NAIS. We're on the right track!!
The next step will be the conference committee, which will work out the differences between the House and Senate's versions of the bill. We'll work to completely eliminate NAIS funding in committee, so stay tuned for updates.
To support the Tester Amendment, FARFA coordinated a letter to the Senate that was signed by 77 organizations. You can see the letter and all the signatories here
Note that the adoption of the Tester Amendment by unanimous consent does not mean that every Senator agreed with the amendment. Adopting a provision by unanimous consent is sometimes done when there is a majority in favor of the provision, and the Senators don't wish to have their individual votes recorded. So, although this is a significant victory, the fight is far from over.
We owe a huge "Thank you!" to Senator Tester (D-MT) and his co-sponsors, Senators Enzi (R-WY) and McCaskill (D-MO). Please send them a brief note, thanking them for their bi-partisan support of livestock owners.
And thank you to everyone who took the time to call or write their Senators! Your voice made a difference!
Working together, we can make our voices heard!
Judith McGeary
Farm and Ranch Freedom Alliance
Click here to check out their website: http://farmandranchfreedom.org
Animal Rights Radical?
Fox News with Glenn Beck
David Martosko, Center for Consumer Freedom and Glenn Beck discuss Cass Sunstein's views.
Click here to watch: http://www.foxnews.com/search-results/m/25419053/animal-rights-radical.htm
Obama Regulatory Czar's Confirmation Held Up by Hunting Rights Proponent
By Kelley Beaucar Vlahos, FOXNews.com
Wednesday, July 22, 2009
WASHINGTON -- President Obama's nominee for "regulatory czar" has hit a
new snag in his Senate confirmation process -- a "hold" by Texas Sen.
John Cornyn, who's says he's not convinced that Harvard professor Cass
Sunstein won't push a radical animal rights agenda, including new
restrictions on agriculture and even hunting.
Senators are permitted "holds" to prevent a vote on a nominee from
coming to the floor. They are often secretive and for very specific reasons.
"Sen. Cornyn finds numerous aspects of Mr. Sunstein's record troubling,
specifically the fact that he wants to establish legal 'rights' for
livestock, wildlife and pets, which would enable animals to file
lawsuits in American courts," the Republican's spokesman, Kevin
McLaughlin, said in a statement to FOXNews.com.
Click here: http://www.foxnews.com/politics/2009/07/21/obama-regulatory-czars-confirmation-held-hunting-rights-proponent/
Cass Sunstein Appointment Blocked...For Now
By Tom Remington
July 2, 2009
President Obama tagged Cass Sunstein, anti-hunter and animal rights extremist, to head up the Office of Information and Regulatory Affairs (OIRA). Sunstein, noted for his public decry that animals should be able to bring lawsuits against humans (and I feel much better now), would head up an office with a lot of power to control data used in support for programs such as hunting, etc.
According to the U.S. Sportsmen's Alliance, Sen. Saxby Chambliss of Georgia, has block that appointment if at least temporarily.
Click here: http://mainehuntingtoday.com/bbb/2009/07/02/cass-sunstein-appointment-blockedfor-now/
NAIS Funding CUT!...The Fight Continues
The House Agriculture Appropriations Subcommittee's version of the 2010 Agriculture Appropriations bill eliminates funding for NAIS! This is something we have urged for the last 3 years, and it's finally happened! But the reasons behind the cut mean that the fight is far from over.
Congresswoman DeLauro's statement on the bill explains: "After receiving $142 million in funding since fiscal year 2004, APHIS has yet to put into operation an effective system that would provide needed animal health and livestock market benefits." In other words, DeLauro, who supports a mandatory NAIS, cut funding because USDA has not been successful in implementing NAIS. And the key reason for USDA's failure is that the farmers and animal owners of this country realize that NAIS is an unnecessary, expensive, and intrusive program. Thanks to the education efforts of organizations and activists across the country, the overwhelming majority of animal owners have rejected the program.
But we must redouble our efforts because the pro-NAIS entities will use this as an excuse to push for a mandatory NAIS in order to re-start the funding. DeLauro's statement continues: "Until USDA finishes its listening sessions and provides details as to how it will implement an effective ID system, continued investments into the current NAIS are unwarranted." The term "effective NAIS" has been used in recent Congressional hearings as essentially another word for a mandatory or coercive NAIS that forces most people to participate. While the cut in funding is a major victory, it is clear that DeLauro and other members of Congress still want to implement and fund a mandatory NAIS.
Click here to go to the Farm and Ranch Freedom Alliance website: http://farmandranchfreedom.org/content/ for more information about NAIS and what you can do to help fight it!
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