THE TRUTH ABOUT HOME RAISED PUPPIES ~MODOG

THE TRUTH ABOUT HOME RAISED PUPPIES ~MODOG

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runningridge

Posts: 102

QUOTE 8/28/2009 10:56:30 AM

Quote christinastorla:

Spoken like a true puppy mill! Who do you think your fooling? It is not against any laws as a hobby breeder. Where adults and the puppies get owners full attention. Their is so much wrong with your thinking that the DOLLAR signs are in your head! Written by a hobby breeder who loves our pets!

Definition of a Hobby Breeder straight from the AWA manual.  How many ACTUALLY fit into the Hobby Breeder catagory?  VERY FEW!!!!!

________________________________________

Hobby Breeders:

Small-scale breeders with gross sales under $500 per year are exempt, as long
 

as these sales do not include wild or exotic animals, dogs, or cats. If you own no more than three
breeding female dogs or cats and sell the offspring, into the pet channels only, you are exempt.

____________________________________________

If even one of your puppies goes to a person who plans to breed

it then you are no longer classified as a Hobby Breeder.  Even if

you sell it as a Pet and then it gets bred, you are classified as a dealer and must be USDA licensed.  The law doesn't have any

grey areas of whether or not you were selling it as a breeder - this is where that catch 22 comes in where if you don't want it bred then it is up to you to be sure it isn't breedable - Thus Spay/Neuter BEFORE it leaves your care. 


rudysworld

Posts: 1

QUOTE 8/29/2009 8:39:04 PM
Geez,

            I am new to this site and I was just looking to buy a dog for my daughters. A pom is what we have it narrowed down too. I would like it to come from a loving home and from a person that auctually cares for thier dogs as my daughters will. We feel that a dog comes from a family and later will be included into family just like ours. Please someone help us as we do not know where to buy this breed from.



edited maoseger1010
runningridge

Posts: 102

QUOTE 8/30/2009 9:34:31 AM

Quote rudysworld:

Geez,

            I am new to this site and I was just looking to buy a dog for my daughters. A pom is what we have it narrowed down too. I would like it to come from a loving home and from a person that auctually cares for thier dogs as my daughters will. We feel that a dog comes from a family and later will be included into family just like ours. Please someone help us as we do not know where to buy this breed from.



edited maoseger1010
Unfortunately there isn't a sure-fire, one way, works all.  When your buying

over the internet you basically have to go by gut feeling.

Good luck.
beaglebrat

Posts: 1371

QUOTE 8/30/2009 4:19:50 PM

Quote runningridge:


Definition of a Hobby Breeder straight from the AWA manual.  How many ACTUALLY fit into the Hobby Breeder catagory?  VERY FEW!!!!!

________________________________________

Hobby Breeders:

Small-scale breeders with gross sales under $500 per year are exempt, as long
 

as these sales do not include wild or exotic animals, dogs, or cats. If you own no more than three
breeding female dogs or cats and sell the offspring, into the pet channels only, you are exempt.

____________________________________________

If even one of your puppies goes to a person who plans to breed

it then you are no longer classified as a Hobby Breeder.  Even if

you sell it as a Pet and then it gets bred, you are classified as a dealer and must be USDA licensed.  The law doesn't have any

grey areas of whether or not you were selling it as a breeder - this is where that catch 22 comes in where if you don't want it bred then it is up to you to be sure it isn't breedable - Thus Spay/Neuter BEFORE it leaves your care. 


Running Ridge, I want to see the link to that USDA Site that gives the guidlines. And since when did they change it?



I KNOW THE LAWS CONCERNING DOG BREEDING AND WHO NEEDS TO BE USDA LICENSED.



What you are describing would be more and worse legislation than the PAWS BILL THAT DID NOT PASS in 2005!!!!!!!



Yes, people with as few as 3 bitches must be USDA licensed BUT ONLY IF THEY SELL TO PETSTORES OR BROKERS!!!!!!!!!!



You don't think that the AKC would have fought tooth and nail againt so
many regulations concering 99% of all of the show people? I don't know
of ONE SHOW PERSON THAT IS USDA LICENSED! Even those with 25 dogs or
more!



YOU ARE PLAIN FULL OF IT! If you were given that mis-information by
someone than I feel sorry for you that you had to jump through so many
hoops.



The USDA is underfunded to do the required inspections on the major producers of our FOOD SUPPLY-- and the HUGE PUPPYMILLS.



Do you think they are really that concerned with people with 3 dogs??
Think about all of the people that are advertising puppies for sale in
every paper acrossed the United States. Please.

winddial

Posts: 52

QUOTE 8/31/2009 3:50:20 PM
RunningRidge , Beaglbrat somewhere in my state licensing paperwork and regulations I have seen that very statment and the "dealer" in which it is referring to does specify the type of dealer license a broker would have, not a breeder. So no, if I hobby breeder sell a puppy to another breeder friend you do not have to be USDA licensed as long as that breeder friend does not have the brokering license.  There are different types of licenses for different types of dealers.  I would need to look it up to find the exact wording and may do so sometime if I ever get time to go through all of it again.
winddial

Posts: 52

QUOTE 8/31/2009 4:05:24 PM
Directly from my book of MO state regulations



Definitions:

Dealer: Any person who is engaged in the business of buying for resale, selling or exchanging animals, as a principal or agent, or who holds himself out to be so engaged or is otherwise classified as a dealer by the USDA as defined by the regulatins of the USDA. 



Hobby or Show Breeder: a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing dogs or cats, improving the breed or selling the dogs or cats, and having no more than ten intact females.  Such breeder shall be classified as a hobby or show breeder if such person only sells animals to other breeders or to individuals.



Commercial Breeder: A person, other than  hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for consideration and who harbors more than three intact females for the primary purpose of breeding animals for sale.



So, breeders are not classified as dealers even if they sell to other breeders.  Only if that person is a dealer which is basically a broker.
beaglebrat

Posts: 1371

QUOTE 8/31/2009 5:28:59 PM
Which is what I thought. I have been on the internet a very long time and periodically some USDA licensed breeder comes on and says that anyone with 3 intact females needs a USDA license and that IS NOT THE CASE. At all.



Only if you sell to brokers/pet stores.



Maybe a certain State requires anyone with 3 intact females to be USDA regulated, but even that would be surprising.  It is to the individual State's advantage to keep USDA out, because then they collect local kennel licensing fees.

runningridge

Posts: 102

QUOTE 9/1/2009 10:28:25 PM

Quote beaglebrat:

Running Ridge, I want to see the link to that USDA Site that gives the guidlines. And since when did they change it?



I KNOW THE LAWS CONCERNING DOG BREEDING AND WHO NEEDS TO BE USDA LICENSED.



What you are describing would be more and worse legislation than the PAWS BILL THAT DID NOT PASS in 2005!!!!!!!



Yes, people with as few as 3 bitches must be USDA licensed BUT ONLY IF THEY SELL TO PETSTORES OR BROKERS!!!!!!!!!!



You don't think that the AKC would have fought tooth and nail againt so
many regulations concering 99% of all of the show people? I don't know
of ONE SHOW PERSON THAT IS USDA LICENSED! Even those with 25 dogs or
more!



YOU ARE PLAIN FULL OF IT! If you were given that mis-information by
someone than I feel sorry for you that you had to jump through so many
hoops.



The USDA is underfunded to do the required inspections on the major producers of our FOOD SUPPLY-- and the HUGE PUPPYMILLS.



Do you think they are really that concerned with people with 3 dogs??
Think about all of the people that are advertising puppies for sale in
every paper acrossed the United States. Please.


I can't help that the USDA is underfunded and doesn't have the resources to scour the woodwork for all non-compliant breeders. 

I've copied and pasted the AWA Licensing Requirements and I believe the USDA uses the

AWA as their basis of rules and regulations. 



§ 2.1 9 CFR Ch. I (1–1–08 Edition)

Subpart A—Licensing

§ 2.1 Requirements and application.

(a)(1) Any person operating or intending

to operate as a dealer, exhibitor, or

operator of an auction sale, except persons

who are exempted from the licensing

requirements under paragraph

(a)(3) of this section, must have a valid

license. A person must be 18 years of

age or older to obtain a license. A person

seeking a license shall apply on a

form which will be furnished by the AC

Regional Director in the State in

which that person operates or intends

to operate. The applicant shall provide

the information requested on the application

form, including a valid mailing

address through which the licensee or

applicant can be reached at all times,

and a valid premises address where animals,

animal facilities, equipment, and

records may be inspected for compliance.

The applicant shall file the completed

application form with the AC

Regional Director.

(2) If an applicant for a license or license

renewal operates in more than

one State, he or she shall apply in the

State in which he or she has his or her

principal place of business. All premises,

facilities, or sites where such person

operates or keeps animals shall be

indicated on the application form or on

a separate sheet attached to it. The

completed application form, along with

the application fee indicated in paragraph

(c) of this section, and the annual

license fee indicated in table 1 or

2 of § 2.6 shall be filed with the AC Regional

Director.

(3) The following persons are exempt

from the licensing requirements under

section 2 or section 3 of the Act:

(i) Retail pet stores which sell nondangerous,

pet-type animals, such as

dogs, cats, birds, rabbits, hamsters,

guinea pigs, gophers, domestic ferrets,

chinchilla, rats, and mice, for pets, at

retail only:

 

Provided, That, Anyone
 

wholesaling any animals, selling any

animals for research or exhibition, or

selling any wild, exotic, or nonpet animals

retail, must have a license;

(ii) Any person who sells or negotiates

the sale or purchase of any animal

except wild or exotic animals,

dogs, or cats, and who derives no more

than $500 gross income from the sale of

such animals to a research facility, an

exhibitor, a dealer, or a pet store during

any calendar year and is not otherwise

required to obtain a license;

(iii) Any person who maintains a

total of three (3) or fewer breeding female

dogs, cats, and/or small exotic or

wild mammals, such as hedgehogs,

degus, spiny mice, prairie dogs, flying

squirrels, and jerboas, and who sells

only the offspring of these dogs, cats,

or small exotic or wild mammals,

which were born and raised on his or

her premises, for pets or exhibition,

and is not otherwise required to obtain

a license. This exemption does not extend

to any person residing in a household

that collectively maintains a

total of more than three breeding female

dogs, cats, and/or small exotic or

wild mammals, regardless of ownership,

nor to any person maintaining

breeding female dogs, cats, and/or

small exotic or wild mammals on

premises on which more than three

breeding female dogs, cats, and/or

small exotic or wild mammals are

maintained, nor to any person acting

in concert with others where they collectively

maintain a total of more than

three breeding female dogs, cats, and/or

small exotic or wild mammals regardless

of ownership;

(iv) Any person who sells fewer than

25 dogs and/or cats per year, which

were born and raised on his or her

premises, for research, teaching, or

testing purposes or to any research facility

and is not otherwise required to

obtain a license. This exemption does

not extend to any person residing in a

household that collectively sells 25 or

more dogs and/or cats, regardless of

ownership, nor to any person acting in

concert with others where they collectively

sell 25 or more dogs and/or cats,

regardless of ownership. The sale of

any dog or cat not born and raised on

the premises for research purposes requires

a license;

(v) Any person who arranges for

transportation or transports animals

solely for the purpose of breeding, exhibiting

in purebred shows, boarding

(not in association with commercial

transportation), grooming, or medical

treatment, and is not otherwise required
to obtain a license;

runningridge

Posts: 102

QUOTE 9/1/2009 10:37:24 PM

Quote beaglebrat:

Running Ridge, I want to see the link to that USDA Site that gives the guidlines. And since when did they change it?



I KNOW THE LAWS CONCERNING DOG BREEDING AND WHO NEEDS TO BE USDA LICENSED.



What you are describing would be more and worse legislation than the PAWS BILL THAT DID NOT PASS in 2005!!!!!!!



Yes, people with as few as 3 bitches must be USDA licensed BUT ONLY IF THEY SELL TO PETSTORES OR BROKERS!!!!!!!!!!



You don't think that the AKC would have fought tooth and nail againt so
many regulations concering 99% of all of the show people? I don't know
of ONE SHOW PERSON THAT IS USDA LICENSED! Even those with 25 dogs or
more!



YOU ARE PLAIN FULL OF IT! If you were given that mis-information by
someone than I feel sorry for you that you had to jump through so many
hoops.



The USDA is underfunded to do the required inspections on the major producers of our FOOD SUPPLY-- and the HUGE PUPPYMILLS.



Do you think they are really that concerned with people with 3 dogs??
Think about all of the people that are advertising puppies for sale in
every paper acrossed the United States. Please.

AKC was fully behind the PAWS bill in the beginning.  AKC helped with the wording and THOUGHT they were going to be given an exemption where they regulated their own breeders.  They were also the ONLY registry that was going to be allowed to regulate their own breeders.  AKC had representatives at the meetings that gave support to the bill in the beginning.  When their little plan FAILED and the tide started turning to their disadvantage is when AKC decided to quit supporting the bill. 
runningridge

Posts: 102

QUOTE 9/1/2009 10:49:21 PM
AWA Definitions:




Dealer

 

means any person who, in
 

commerce, for compensation or profit,

delivers for transportation, or transports,

except as a carrier, buys, or

sells, or negotiates the purchase or sale

of: Any dog or other animal whether

alive or dead (including unborn animals,

organs, limbs, blood, serum, or

other parts) for research, teaching,

testing, experimentation, exhibition,

or for use as a pet; or any dog at the

wholesale level for hunting, security,

or breeding purposes. This term does

not include: A retail pet store, as defined

in this section, unless such store

sells any animal to a research facility,

an exhibitor, or a dealer (wholesale);

any retail outlet where dogs are sold

for hunting, breeding, or security purposes;

or any person who does not sell

or negotiate the purchase or sale of

any wild or exotic animal, dog, or cat

and who derives no more than $500

gross income from the sale of animals

other than wild or exotic animals,
dogs, or cats during any calendar year.



**************************


 

Class ‘‘A’’ licensee

 

(breeder) means a
 

person subject to the licensing requirements

under part 2 and meeting the

definition of a ‘‘dealer’’ (§ 1.1), and

whose business involving animals consists

only of animals that are bred and

raised on the premises in a closed or

stable colony and those animals acquired

for the sole purpose of maintaining
or enhancing the breeding colony.
 

 


******************************


 

Department

 

means the U.S. Department
 
of Agriculture.
 

 


************************


 

Dog

 

means any live or dead dog
 

(

 


Canis familiaris) or any dog-hybrid
 
cross.
 

 

*********************

Don't shoot the messenger.  I only relay what I read.  I NEVER said I AGREED with it.


 

 


runningridge

Posts: 102

QUOTE 9/13/2009 1:41:42 PM

Quote beaglebrat:

Running Ridge, I want to see the link to that USDA Site that gives the guidlines. And since when did they change it?



I KNOW THE LAWS CONCERNING DOG BREEDING AND WHO NEEDS TO BE USDA LICENSED.



What you are describing would be more and worse legislation than the PAWS BILL THAT DID NOT PASS in 2005!!!!!!!



Yes, people with as few as 3 bitches must be USDA licensed BUT ONLY IF THEY SELL TO PETSTORES OR BROKERS!!!!!!!!!!



You don't think that the AKC would have fought tooth and nail againt so
many regulations concering 99% of all of the show people? I don't know
of ONE SHOW PERSON THAT IS USDA LICENSED! Even those with 25 dogs or
more!



YOU ARE PLAIN FULL OF IT! If you were given that mis-information by
someone than I feel sorry for you that you had to jump through so many
hoops.



The USDA is underfunded to do the required inspections on the major producers of our FOOD SUPPLY-- and the HUGE PUPPYMILLS.



Do you think they are really that concerned with people with 3 dogs??
Think about all of the people that are advertising puppies for sale in
every paper acrossed the United States. Please.

 

AKC CHAIRMAN'S
 

NOVEMBER REPORT - PAWS


New York, NY - Shortly after the introduction of the Pet Animal Welfare Statute of 2005 (PAWS), the majority of the members of the AKC(r) Board f Directors made a strategic decision that it was best to be on the inside working to improve the proposed legislation instead of being on the outside with no opportunity to provide positive input. Since then we have been seriously working with the sponsors of PAWS and are pleased with their response to our suggestions.

Our initial judgment to be involved was vindicated when Senator Rick Santorum (R-PA) stated his intention to amend the bill. I want to share some of those planned amendments with you as they affect breeders who register with AKC.

Any one of the following exemptions will exempt all breeders from this federal regulation:


1. Exempt all who breed six litters or less annually.

2. Exempt all who sell at retail 25 dogs or less annually.

3. Exempt all who breed or sell more than those thresholds if they are inspected by a non-profit organization that receives federal approval, such as AKC.

4. It will also explicitly exempt all shelter and rescue organizations and individuals who do not import for resale or operate for profit.

5. In addition, it eliminates any reference in PAWS to hunting and security dogs. Persons who sell hunting dogs will be treated exactly the same as persons who sell dogs as pets.


AKC has long required "Care and Conditions" inspections on all AKC Breeders who produce seven or more litters per year. The PAWS amendment does not affect those AKC Breeders. They will not be subject to federal inspection if they have received an AKC inspection.

Registering purebred dogs with AKC is purely voluntary. AKC inspects only those who register with us and does not charge any breeder for a kennel inspection. A fee is required only for re-inspection when kennels fail the initial inspection. We look forward to the day when all breeders conform to acceptable care and conditions.

As dog lovers, we are concerned about the welfare of all dogs produced by high-volume breeders, whether AKC or not. Additional provisions of PAWS will require care and conditions standards for imported dogs and dogs registered with for-profit registries that have no inspection programs. It will continue the Animal Welfare Act's (AWA) present practice of exercising oversight in the wholesale market.

As a result of the recent Senate subcommittee hearing, chaired by Senator Santorum, the Senator has promised a "discussion draft" of the pending legislation within the next few weeks. When this language becomes available we will share it with you. He assures us that he wishes to "make sure we get a good piece of legislation" and plans to work with the groups represented at the hearing to get it adopted.

The success of any legislation in Congress is uncertain, but we will continue to represent the needs and voice the concerns of our breeders in this legislative process. We are proud to continue to sit at the table as an equal, as we have since the introduction of this legislation, and strive to make a real difference that benefits our responsible breeders and the welfare of all dogs.

There has been much misinformation on PAWS disseminated. I hope the attached "Frequently Asked Questions" sheet will help you separate the fact from the fiction. Please do not hesitate to contact me if you have any questions.

Sincerely,

Ron Menaker

Chairman

PAWS Senate Subcommittee Hearing

Frequently Asked Questions

HEARING UPDATE

Q: What is the status of the proposed Pet Animal Welfare Statute of 2005 (PAWS) bill?

A: The Senate Committee on Agriculture, Nutrition and Forestry's Subcommittee on Research, Nutrition and General Legislation heard testimony on PAWS on November 8, 2005. Senator Rick Santorum chaired the meeting.

Q: How was the AKC involved in the hearing?

A: The hearing included seven witnesses. AKC Chairman of the Board Ron Menaker represented and testified on behalf of the AKC at the hearing. You can view his remarks here: http://www.akc.org/canine_legislation/paws_menaker.cfm

 

 

Q: What are the additional provisions to PAWS as announced at the Senate Subcommittee hearing on November 8, 2005?

A: During the hearing Senator Santorum announced his intention to include an additional provision to exempt "retailers" who are in compliance with kennel inspection standards of not-for-profit organizations, such as the AKC, as certified by the Secretary of Agriculture. The kennel standards certified by the Secretary must be at least as effective to those required by the United States Department of Agriculture (USDA) under the Animal Welfare Act (AWA). Dealers will also have the option of a third-party compliance inspection.

Q: When will the proposed changes to PAWS be available?

A: At the subcommittee hearing, bill sponsor Senator Santorum stated his desire to release a discussion draft of the proposed legislation within the next few weeks, incorporating these changes. He further noted his commitment to working with a variety of animal interest groups, including the AKC, to ensure the development and adoption of positive legislation that all parties can support. The AKC will provide updates as soon as draft language is available and encourages purebred dog breeders to monitor our web site closely.

THRESHOLD NUMBERS

Q: Has the exemption based on the number of dogs bred and sold changed?

A: No. The exemption remains the same, although the wording has been clarified to confirm Senator Santorum's original intent as noted in his floor statement to Congress on July 25, 2005. Read his statement at:

http://www.akc.org/canine_legislation/paws_QA.cfm?page=2#40

http://www.akc.org/canine_legislation/paws_QA.cfm?page=2

Q: Why do we need PAWS?

A: The AKC believes PAWS to be positive legislation that will address many serious problems faced by the breeding community, from the recent surge in importation of puppies for resale, to the large numbers of puppies and dogs being sold over the Internet each year. (One need only

read Mr. John Hoffman's article in the August 26 issue of Dog News or refer to several witness testimonies from the recent Senate subcommittee hearing to appreciate the scope of these problems.) As the premier advocate for the health and welfare of dogs, AKC believes the legislation will give the US Department of Agriculture (USDA) the tools it needs to bring into compliance those high-volume breeders who currently evade licensing and inspection. Existing laws and regulations are woefully insufficient at addressing these very troubling problems. At the heart of AKC's efforts to support PAWS is our strong belief that the legislation is in the best interest of the health and welfare of all dogs. AKC has always been a leader in this respect, and as such strives to develop and support good legislation that protects and advances their humane care and treatment. Simply put, AKC believes this legislation is good for dogs, and that is why we are supporting it.

Q: What will PAWS do to protect fanciers?

A: The legislation actually strengthens protections for responsible hobby breeders by exempting them from federal regulation as a point of law. Currently, hobby breeders are exempt only due to USDA's classification of them as a "retail pet store" (regardless of whether they breed and sell dogs as pets or for hunting and security purposes). USDA has the discretion to change that classification at any time. However, if PAWS is enacted the exemption will be put into statute and will not be open to any agency interpretation. Furthermore, that statute could be changed only by a new Congressional enactment, something that is very difficult to accomplish. Protection for fanciers has also been secured through the recent addition of a third-party inspection exemption.

INSPECTIONS

Q: How will AKC's Care and Conditions policy enable it to become an approved third-party compliance inspector?

A: AKC's current "Care and Conditions" policy and inspections program meets the broad standards as called for in the Act. AKC's concerns cover the health, safety, and welfare of the dogs and the environment in which they are kept. Inspectors look to see whether dogs are in good health, have appropriate and clean shelter, and access to food and water. In addition, the inspectors collect DNA samples to verify the parentage of AKC-registrable litters through its DNA Compliance Audit Program. In this regard, AKC's program is at least as effective as, and even exceeds through its DNA program, the broad standards of the Act itself. Not-for-profit organizations certified to do inspections by the USDA will not be required by the new PAWS language to have the same standards as in the existing USDA regulations governing large wholesale breeding establishments, but merely standards that are "at least as effective" in meeting the broad requirements listed in the Act.

Q: Does this mean the AKC will be conducting inspections for the USDA?

A: No. The AKC will continue to independently enforce its well-established inspection program to ensure the integrity of its registry and the proper care and conditions of dogs. Retailers who can show proof of compliance with kennel inspection standards of not-for-profit organizations, such as AKC, as certified by the Secretary of Agriculture, will be exempt from USDA regulation.

Q: Does the third-party exemption mean that a representative from an animal rights organization will be able to forcibly inspect my home?

A: No. If an AKC registrant (regardless of how many litters he or she breeds) is inspected by AKC, that registrant may choose to have the AKC inspection replace a USDA inspection. This will apply to USDA-licensed dealers and will also establish an exemption for retailers so they will not be classified as a dealer. There is nothing that will force breeders to allow inspectors from an animal rights organization onto their premises.

Q: Will I have to build a commercial kennel if I am inspected by AKC?

A: No. Qualified breeders who voluntarily elect to be inspected by AKC will be subject to our own Care and Conditions policy. Furthermore, Senator Santorum has stated on multiple occasions that he has no desire to remove whelping boxes from kitchens or in any way target responsible breeders.

Q: What if a new Secretary of Agriculture decides not to permit AKC to be a third-party inspector? Will that make all AKC registrants who exceed the threshold numbers subject to USDA requirements?

A: The statute language does not permit the Secretary of Agriculture to do this. The language in the new version of the statute requires the Secretary of Agriculture to establish guidelines for inspection; it does not give authority to the Secretary to determine who the third-party inspectors are. This type of change would require a new statute.

Q: Is AKC receiving special treatment?

A: No. Any not-for-profit organization that establishes an inspection program, as certified by the Secretary of Agriculture, may also conduct inspections if they desire. It is completely up to the breeder to choose who they want to be inspected by. AKC's Inspection program has been mentioned in recognition of its effectiveness and because no other organization has invested the time, effort and resources to create such a program.

Q: Will AKC be obligated to share its registration information with the USDA?

A: No.

Q: I raise dogs for fun and a little profit. I do not consider myself a "retail pet store" like the pet stores that sell puppies in the local shopping mall. How will the revised PAWS help distinguish me from the pet shop?

A: It will distinguish you by virtue of the number threshold or by the fact that you have been inspected by AKC. PAWS will give specific hobby breeder exemptions that do not rely on the "retail pet store" definition. Today you are exempt from USDA dealer requirements only because you are considered a "retail pet store" as interpreted by the USDA. Current laws classify everyone who sells one or more dogs as a dealer except "retail pet stores."

Q: What if I have five litters, but sell 30 puppies in a year? Will this subject me to USDA inspection?

A: No. You are still below the six litters or less exemption, regardless of how many dogs you sold.

Q: I co-own several dogs with other people, some of whom may be over the threshold numbers. Will I also be subjected to inspections?

A: No. A co-owner who sells under the threshold will not be inspected. In fact, PAWS is not as restrictive as AKC's own standards in this matter. Under current AKC inspection criteria, co-owned dogs do count toward your numbers. This will not change. However, under the PAWS language, co-owned dogs do not count.

Q: Can I ask AKC to do my inspection in order to avoid a USDA inspection?

A: Yes. If an individual with AKC-registered dogs requests an inspection from AKC, we will honor that request. AKC will have to examine and possibly establish new policy to determine who we will inspect going forward.

Q: Will AKC charge me a fee for asking to be inspected? What if I fail an AKC inspection?

A: No. If your dogs are registered with the AKC, we do not charge for the initial inspection. We do charge a fee only if you fail the inspection and must be re-inspected.

Q: Where can I find AKC's inspection requirements?

A: On the AKC's web site at www.akc.org

 

 

Q: Is AKC going to hire more inspectors?

A: AKC will hire as many inspectors as necessary in order to meet our responsibility and keep our current standards of inspecting all AKC kennels that exceed our threshold of more than seven litters produced annually. PAWS will not increase AKC's inspection burden because the PAWS criteria is less stringent than the criteria AKC already uses. Those individuals who will be brought under inspection by PAWS are already inspected by AKC if they are AKC registrants.

Q: What if this program ends up costing AKC a significant amount of money because of the need to hire, train, and cover the expenses of its inspectors? Will AKC drop its involvement? Raise its fees?

A: AKC will not drop its involvement. We will continue the rigorous inspection requirements that it has under our current policies. AKC already inspects all its registrants who will be required to be inspected under PAWS. AKC is not being mandated by the PAWS statute to inspect anyone. We have had our own strict standards for many years because AKC is concerned with the well-being of dogs.

Q: How will the USDA know that I have exceeded the threshold numbers of more than six litters bred and more than 25 dogs sold?

A: Currently, the USDA relies on voluntary compliance with their licensing requirements. One possible way the USDA might know if you exceed the threshold is if your name appeared as a wholesaler on a source record for a retail pet store or if someone filed a complaint against you with the USDA.

Q: How will the USDA know that I have already been inspected by AKC before they come knocking at my door?

A: They would not know if you have been inspected by the AKC. If a USDA inspector knocks on your door, you may show them the proof of inspection certificate from the AKC.

Q: I exceed the threshold numbers one year, but not the next? Will I still be subjected to inspection?

A: For AKC, yes, because you will be in our databases; for the USDA, no, because you are only subjected to an inspection in the year that you exceed the threshold.

Q: Is an AKC inspection only good for one year?

A: It is good until re-inspection, whether that be within the period for re-inspection after a failure or within the 18-month cycle currently used for AKC inspections.

Q: Is AKC doing this in order to make a profit?

A: No. We do not charge for initial inspections of those who register their more than seven litters annually. AKC charges for inspections only after a failed inspection with major deficiencies.

Q: I raise a breed of dog that is not recognized by AKC with either full status or its Foundation Stock Service Program. Will AKC be able to help me avoid USDA requirements?

A: Current AKC inspection policy does not cover AKC's FSS breeds. This is an issue the AKC Board will need to review and address.

RESCUE

Q: Will the new PAWS provisions address rescue groups' concerns with the bill?

A: Senator Santorum also announced at the subcommittee hearing his intention to include an explicit exemption for animal shelters, rescue organizations or individuals as long as they do not import dogs for resale or operate for profit.

Q: What will happen to my rescue organization that does make more money from the placement of dogs than it spends on rescuing and caring for them?

A: Shelter and rescue organizations that are classified as having C3 or C4 tax status are truly not-for-profit businesses and will be exempt under the statute. If the organization is truly a for-profit business, they would have to continue to do what they must do today. Shelters and rescues that do not have to have tax-exempt status still will qualify for the exemption under PAWS as long as they do not make a profit at the end of the day.

IMPORTS

Q: If I import a dog and then later sell it for whatever reason, will that make me subject to a USDA inspection?

A: No, unless you sell 25 or more dogs that year which were bred or raised on your own premises and sell an additional 25 more a year that you did not breed or raise on your premises.

Q: If I sell that imported dog and transfer the ownership, will AKC have to advise USDA that I sold an imported dog?

A: No. AKC is not a reporting agency to the USDA.

HUNTING and SECURITY DOGS

 

Q: How will the new PAWS provisions impact sportsmen?
 

A: Witness testimonies and comments from Senator Santorum at the hearing provide clear evidence that there is no intent for this legislation to target responsible breeders of hunting dogs. However, sportsmen will be pleased to know that the third-party inspection exemption noted above will apply to any "retailer," including breeders of hunting dogs, who is in compliance with kennel inspection standards of not-for-profit organizations, such as the AKC, as certified by the Secretary of Agriculture.

Q: I own a hunting breed, which I train and hunt with. Will I be affected?

A: No. The PAWS statute treats people who sell dogs for hunting, breeding and security the same way as it treats people who breed pets. The individual would require inspection for the same reasons that a person who breeds pets would; if they sell at wholesale or if they meet the numbers threshold in the statute.

Q: I raise and train German Shepherds to sell as guard dogs? How am I affected?
A: The same way as the person who breeds pets is effected. You must be inspected if you sell at wholesale or meet the numbers threshold of PAWS.


runningridge

Posts: 102

QUOTE 9/13/2009 2:00:07 PM

Wanta see more legislation that AKC is involved in?  There is a lot more going on behind the scenes than most know about.


***************************


Puppy Uniform Protection Statute (PUPS) Legislation - AKC




 



American Kennel Club News Article

Puppy Uniform Protection Statute (PUPS) Legislation Introduced in US Congress


Date of Article: September 25, 2008
The Puppy Uniform Protection Statute (PUPS) has been concurrently introduced in the US House of Representatives last week as H.R. 6949 and in the Senate as S.3519. The legislation will require that any breeder who sells more than 50 dogs per year direct to the public through internet sales or other outlets be inspected and licensed by the United States Department of Agriculture. Current law requires breeders who sell at wholesale (to pet stores, research facilities etc.) and have more than 3 breeding females to be licensed and inspected by the USDA.
The legislation further mandates that licensed dealers provide each dog 12 weeks or older with a minimum of two exercise periods during each day for a total of not less than one hour of exercise. Specifically PUPS requires that each dog be removed from its primary enclosure for this exercise, assuming that the dog is kept in a crate - the bill does not make exceptions for animals that are housed in larger runs where they are able to exercise continuously.
The American Kennel Club was not involved in the drafting of this legislation, but we look forward to working with federal legislators to contribute language which ensures the health and welfare of our canine companions without infringing upon the rights of responsible dog breeders and responsible dog owners.
AKC would encourage Congress to recognize that the responsibility of a breeder cannot be judged by the number of dogs sold or owned, but rather solely on the quality of care provided to the animals. We encourage Congress to direct USDA to draft performance based regulations which ensure dogs are provided with proper care and humane treatment including an adequate and nutritious diet, clean water, clean living conditions, regular veterinary care, exercise and socialization opportunities and kind and responsive human companionship.
The AKC Government Relation staff will carefully monitor this legislation and will update our website as the legislation moves forward.

beaglebrat

Posts: 1371

QUOTE 9/13/2009 5:49:13 PM
Do you see what you just posted?



"Current law requires breeders who
sell at wholesale (to pet stores, research facilities etc.) and have
more than 3 breeding females to be licensed and inspected by the USDA
"



Stuff might be in the works for anyone selling over 50 puppies per year being USDA licensed, but currently there are no such laws.



IT IS JUST LIKE EVERY OTHER PERSON ON HERE EXCEPT YOU  understands the law to be...... just like in your info quoted.



It is anyone that SELLS DIRECTLY TO BROKERS and has over 3 females that needs to be USDA licensed.



I know many people with 20+ dogs that are not USDA licensed-- AND THEY ARE NOT CURRENTLY REQUIRED TO BE.

runningridge

Posts: 102

QUOTE 9/15/2009 5:05:21 PM

Quote beaglebrat:

Do you see what you just posted?



"Current law requires breeders who
sell at wholesale (to pet stores, research facilities etc.) and have
more than 3 breeding females to be licensed and inspected by the USDA
"



Stuff might be in the works for anyone selling over 50 puppies per year being USDA licensed, but currently there are no such laws.



IT IS JUST LIKE EVERY OTHER PERSON ON HERE EXCEPT YOU  understands the law to be...... just like in your info quoted.



It is anyone that SELLS DIRECTLY TO BROKERS and has over 3 females that needs to be USDA licensed.



I know many people with 20+ dogs that are not USDA licensed-- AND THEY ARE NOT CURRENTLY REQUIRED TO BE.

I know exactly what I posted and the one you CHOSE to accept was based on WHOLESALE - Here is the one with the RETAIL clause.

***************************************

Provided, That,
Anyone
 

wholesaling any animals, selling any

animals for research or exhibition, or

selling any wild, exotic, or nonpet animals

retail, must have a license;



********************************

NONPET meaning any that are sold and eventually bred.  Are you telling me that everybody sells theirs STRICTLY as pets and the new owner NEVER breeds them?





runningridge

Posts: 102

QUOTE 9/15/2009 5:41:14 PM

Quote beaglebrat:

Do you see what you just posted?



"Current law requires breeders who
sell at wholesale (to pet stores, research facilities etc.) and have
more than 3 breeding females to be licensed and inspected by the USDA
"



Stuff might be in the works for anyone selling over 50 puppies per year being USDA licensed, but currently there are no such laws.



IT IS JUST LIKE EVERY OTHER PERSON ON HERE EXCEPT YOU  understands the law to be...... just like in your info quoted.



It is anyone that SELLS DIRECTLY TO BROKERS and has over 3 females that needs to be USDA licensed.



I know many people with 20+ dogs that are not USDA licensed-- AND THEY ARE NOT CURRENTLY REQUIRED TO BE.

Commercial Breeder: A person, other than  hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for consideration and who harbors more than three intact females for the primary purpose of breeding animals for sale.



*******************

Do you remember what the definition of Hobby breeder is?  I highly doubt

99.9% of anybody breeding 3 dogs can fit into that catagory.

******************

Hey Beaglebrat, your trying to slay the messenger here.  I've yet to say that I agree with or even think it's right.  I'm simply copying and pasting.  It's not my fault that so few know or care to abide by the rules and I'm sure that USDA has it's hands full coping with LARGE SCALE Kennels but that doesn't mean that others are abiding by the law simply because they are falling through the cracks. 

I've yet to call anybody a name or make insinuations towards somebody.  What makes people do that?


beaglebrat

Posts: 1371

QUOTE 9/16/2009 5:27:32 PM
I just e-mailed the USDA directly with a question about anyone with over 3 breeding females being required to be USDA licensed if they DID NOT sell to Brokers or pet stores.



It said it can take up to 5 business days, but I will be sure and post the reply either way when I get it.

runningridge

Posts: 102

QUOTE 9/21/2009 3:18:57 PM

Quote beaglebrat:

I just e-mailed the USDA directly with a question about anyone with over 3 breeding females being required to be USDA licensed if they DID NOT sell to Brokers or pet stores.



It said it can take up to 5 business days, but I will be sure and post the reply either way when I get it.

It will be interesting to see what they say.  I'm going to copy and paste a statement made by the Missouri Ag office back in June 2009 when they were

busting all of the unlicensed breeders in Missouri.

************

According to the guidelines established in 1992 by the department of agriculture, anyone who keeps on their premises three or more adult female dogs capable of reproducing must be a licensed breeder. Only breeders whose facilities fit the requirements to be considered a "hobby" are exempt from needing licensing.
To be considered a hobby under those guidelines, a breeder can have no more than 10 females, must participate in exhibits or dog shows, and cannot sell any dogs to a broker or pet store. A hobby breeder can only sell dogs to individual consumers or other breeders.

*************************

From all of the different versions of what is SUPPOSED to be ONE LAW it sure can get confusing.  Wonder if they deliberately give all of the twist just to keep breeders confused so they can take their dogs from totally misunderstanding of the rules.

This guy says you have to be showing or exhibiting your animals to be considered a hobby breeder.  Wonder why they think somebody showing would automatically give their dogs better homes?  I know for a fact that I've seen some pretty nasty show breeders facilities in my life and I've seen some outstanding facilities where a person only wanted to raise puppies but had no desire to show. 

One says 3 or more and then when you get to hobby breeder it is more than 10.  WHY isn't everything consistent????????

So from the way I'm reading it is that if you don't show you can't have but 2 before you need a license but if you show then you can have 10.   Seems to me that is 'discrimination'.  Heck if I stayed home it seems I'd have more time to take care of 10 dogs than if I was on the road every weekend showing a few.  What kind of logic is that??????  It does state there that a "HOBBY Breeder" can sell to other breeders.  I know of very few Show Breeders though that have any less than 10 dogs.  

  Anyways - let us know how the USDA views the law as well.  It could get quite interesting to see just how many versions of the same law we can get!!!!

winddial

Posts: 52

QUOTE 9/22/2009 12:08:47 PM
Since I live in MO I have the same material.  The way I understand that mumbo jumbo is that if you have less than 3 you do not have to apply for a license or inspected.



If you have between 3 and 10 and are hobby/show then you apply and pay for a license but you do not get inspected. 



Ten or more regardles if you show or not you pay for a license and get inspected. 



I have more than 10 and I do venture to a few shows a year but having more than 10 the showing doesn't mean diddly squat, not that I care that it does or doens't.  I believe in Missouri with the way it is all going with all the raids there has never been a better time or more motivation to get licensed. 
sfloersch

Posts: 1

QUOTE 9/23/2009 6:03:34 PM
I have been a state licensed kennel for nearly 12 years.  I have seen both good and bad breeders (backyard and licensed kennels).  If someone sees a kennel in bad repair they should be reported to the state-this is the only way to control puppy mills.  What a person should look for in a breeder(back yard or kennel) is a health guarantee, vaccinations and worming, pups that have been vet checked, a vets name and phone number and references. 



Sadly most "home breeders" don't know their individual laws for requirements to be kennels (State or USDA).  Even more importantly they fail to check with their county or city for laws pertaining to owning and operating a kennel.  When in doubt check with your state for state requirements, and your city or county.  USDA covers all of the USA so if you sell to brokers, kennels, and pet stores you should have a USDA license as well as a state license. 



Love my pups in Kansas!



runningridge

Posts: 102

QUOTE 10/9/2009 2:34:56 PM
Hey Beaglebrat .... any word from USDA yet?
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