Proposal allows USDA to regulate puppy mills

WASHINGTON — The "Puppy Protection Act" has a new life and new form as the Pet Animal Welfare Statute (PAWS), which would require high-volume breeders to be policed by the U.S. Department of Agriculture (USDA).

The bill would bring breeders who sell 25 dogs or more than six litters each year under USDA scrutiny to ensure sound breeding operations. The American Veterinary Medical Association (AVMA) Board of Governors voted to support the proposal in late August.

"These are breeders that breed high volumes of dogs and either sell them directly to the public or through retail establishments, auctions or flea markets," says Dr. Mark Lutschaunig, assistant director of governmental relations for AVMA. "In many cases, these dogs are not very well bred and not very well cared for, and often they fall out of the purview of the USDA regulation process."

Organizations including the Animal Protective League and the Humane Society of the United States (HSUS) played a major role in developing PAWS' predecessors, but the welfare groups brought others into the fray this time around, including the American Kennel Club and AVMA.

Sen. Rick Santorum, R-Pa., who also introduced the statute's predecessors, champions the bill in the Senate; Rep. Jim Gerlach, also from Pennsylvania, introduced the proposal in the House.

"In the past, we've tried to work with Sen. Santorum's office to come up with legislation that would address high-volume breeders but wouldn't have other ramifications. This time, he invited some of the stakeholder groups into the process much earlier into the legislative process," Lutschaunig says. "He invited AKC and other groups so that he could address the issue of helping animals and the welfare of animals as well as something that could potentially pass."

Less than 4 percent of AKC's registered members would fall under USDA scrutiny. But non-registered breeders might appear on USDA's radar, too.

"There is also a provision within the bill that requires pet stores to keep source records, so if there is a problem with the animal, the USDA can then look back to where that animal was obtained and look at the method in which that animal was bred," Lutschaunig says. "There are a number of people with large breeding facilities that are not licensed with the USDA. They are actually acting illegally, but the USDA doesn't know about them. So we're trying to find a way that they can trace back those animals."

The bill also would allow USDA to suspend a license for up to 60 days instead of the current 21-day suspension, so if somebody is found to be out of compliance with regulations, the USDA has a little more time to bring a facility into compliance, Lutschaunig says.

"Our concern has always been that our practitioners see these animals between 16-20 weeks of age after the owner has had them for a few weeks. By the time we see these animals, they often come in with health issues or genetic problems that will affect the animal's health long term," he explains. "We are turning around and telling the owner, who are attached to them at this point, that their animal has a significant problem and either they are going to need to bring this animal back to where they got it, or they are going to have to live with this animal that has significant health problems and deal with those health problems over time. So as veterinarians, we'd rather not see those animals."