Legislation would close loophole in current law exempting Internet puppy sales from all federal oversight
WASHINGTON (March 1, 2011) — The Humane Society of the United States and Humane Society Legislative Fund commend federal lawmakers for reintroducing legislation that will allow oversight of abusive puppy mills in the United States. Puppy mills are large-scale, commercial breeding operations where dogs are commonly housed in overcrowded, filthy, and inhumane conditions. The legislation will close a loophole in the Animal Welfare Act that currently allows large, commercial breeders who sell puppies online or directly to the public to escape licensing and regulation.
H.R. 835 — known as the PUPS Act, for "Puppy Uniform Protection and Safety Act "— is sponsored by Reps. Jim Gerlach, R-Pa., Sam Farr, D-Calif., Bill Young, R-Fla., and Lois Capps, D-Calif.
The bill would also require that dogs used for breeding be provided daily exercise. Breeding dogs in puppy mills are typically forced to live their entire lives in small cages with no opportunity for exercise, little or no socialization and minimal human interactio.
"Dogs shouldn't be treated like a cash crop," said Wayne Pacelle, president and CEO of The HSUS. "The federal law regarding the care of dogs at commercial dog-breeding operations is grossly overdue for reform, and this legislation will correct some of the worst gaps and deficiencies in current law."
Facilities that breed dogs for commercial resale through pet stores are required to be licensed and inspected under the federal Animal Welfare Act. However, puppy mills that sell directly to the public are exempt from any federal oversight whatsoever. Unregulated Internet sellers and other direct sales facilities sell thousands of puppies a year to unsuspecting consumers. Due to improper care by these breeders, these puppies are often sick, leaving outraged consumers with frail, sometimes dying puppies, high vet bills and broken hearts. Meanwhile, the breeding dogs at these facilities often spend their entire lives in constant confinement, suffering, and deprivation.
In 2010, the USDA Office of Inspector General released a report criticizing the department’s history of lax oversight of dog dealers under the Animal Welfare Act. The OIG reviewed inspections and enforcement actions taken against dealers from 2006 to 2008 and found that USDA inspectors failed to cite or properly document inhumane treatment and brought little to no enforcement actions against violators. This audit mirrors what The HSUS has been reporting for years, that USDA has historically allowed dog dealers to violate the law without fear of any kind of aggressive enforcement actions.
Last year, USDA announced that the administration was going to take a tougher stance on repeat offenders of the law by conducting more inspections and imposing higher fines. As recommended by the OIG, the agency has conveyed to Congress the need to bring producers selling directly to the public under the AWA and close what the agency acknowledged is "a massive loophole."
"I look forward to working with my colleagues and The Humane Society of the United States on this bill to make sure pet owners and dogs are protected in all states,” said Congressman Jim Gerlach. “This bill would not hinder the operation of reputable and responsible breeders. It is aimed at protecting dogs and making individuals motivated by profit rather than the fair and humane treatment of dogs accountable.”
"Dog breeders have taken advantage of this Internet loophole to increase their profits at the expense of the health of thousands of dogs," said Congressman Sam Farr. "The result of breeders' ability to bypass regulations has led to widespread abuses of dogs that are crammed into small cages with no exercise or social contact. We have a responsibility to close this loophole, because it is simply unconscionable to allow this abuse to continue."
The legislation will close the loophole in the AWA that allows thousands of commercial breeders to go unregulated. It will require the following changes to the AWA:
- All dog breeders who sell more than 50 puppies per year directly to the public will be federally licensed and inspected.
- Dogs at commercial breeding facilities must be given the opportunity to exercise for 60 minutes a day.
- The bill will not affect small breeders and hobby breeders who sell fewer than 50 dogs per year directly to the public, but is crafted to cover only large commercial breeding facilities.
Media contact: Katie Jarl, (301) 258-1483, kjarl@humanesociety.org
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The Humane Society Legislative Fund is a social welfare organization incorporated under section 501(c)(4) of the Internal Revenue Code and formed in 2004 as a separate lobbying affiliate of The Humane Society of the United States. The HSLF works to pass animal protection laws at the state and federal level, to educate the public about animal protection issues, and to support humane candidates for office. Visit us on all our channels: on the web at hslf.org, on our blog at animalsandpolitics.com, on Facebook at facebook.com/humanelegislation and on Twitter at twitter.com/HSLegFund.
The Humane Society of the United States is the nation’s largest animal protection organization, rated the most effective by its peers. Since 1954, The HSUS has been fighting for the protection of all animals through advocacy, education and hands-on programs. We rescue and care for tens of thousands of animals each year, but our primary mission is to prevent cruelty before it occurs. We're there for all animals, across America and around the world. Celebrating animals and confronting cruelty -- on the Web at humanesociety.org. Subscribe to the blog, A Humane Nation. Join The HSUS on Facebook. Follow The HSUS on Twitter. See our work for animals on your Apple or Android device by searching for our “Humane TV” app.
