In 1966 Congress passed the Animal Welfare Act (AWA), which outlines specific minimum standards of care for dogs, cats, and some other kinds of animals bred for commercial resale. The AWA is enforced by the United States Department of Agriculture. Under the AWA, certain large-scale commercial breeders are required to be licensed and regularly inspected by the USDA. But there are many inefficiencies and loopholes in the system. The text of the revised AWA is here.
Only large-scale commercial facilities, such as wholesalers, that breed or broker animals for resale are required to be licensed and inspected by the USDA. But according to the Companion Animal Protection Society (CAPS), the USDA is simply not enforcing the rules that exist. They state,
"The USDA's rules are too often ignored, not only by those who are regulated, but also by the regulators themselves. Thus, although the USDA's rules establish fundamental standards intended to provide for the humane care and treatment of dogs and other animals, unfortunately, as CAPS finds repeatedly in our field investigations, the standards for housing, ventilation, lighting, interior surfaces, primary enclosures, sanitation, pest controls, feeding and watering, outside shelter, compatibility, adequate veterinary care, and handling are, in all too many cases, being ignored."
Further evidence of failure to protect animals under existing legislation is provided by the Humane Society of the United States (HSUS). Inspection records show that many USDA-licensed breeders have repeated violations of the Animal Welfare Act, according to HSUS. These violators are rarely fined nor are their licenses suspended. Facilities with long histories of repeated violations for basic care conditions are often allowed to renew their licenses again and again.
Strengthening of animal protection legislation was proposed by Senator Rick Santorum (R-PA), called the Puppy Protection Act (PPA) in the 107th congress. This bill was supported by the Humane Society of the United States and many animal rights groups. The bill would amend the Animal Welfare Act and require drafting regulations on living conditions, frequency of breeding, age to wean, and other quality of animal life issues.
The PPA was later modified into the Pet Animal Welfare Statute (PAWS) also known as S. 1139/H.R. 2669. The statute is supported by the AKC, the American Veterinary Medicine Association, and the Humane Society. It is opposed by lobbyists from the breeding industry and particularly by those supporting hobbyist breeders who they believe would be unduly constrained by PAWS.
According to the proposed legistlation, PAWS would require large-scale commercial breeders who sell directly to the public to be regulated by the new standards. Breeders who breed seven or more litters of dogs or cats per year would be required to obtain a license from the USDA. Additionally, PAWS would cover importers, Internet sellers, and other non-breeder dealers who sell more than 25 dogs or cats per year.
PAWS would strengthen the USDA's enforcement authority and ensure government access to source records of persons acquiring dogs and cats for resale. Finally, PAWS would expand the USDA's authority to seek injunctions against unlicensed dog and cat dealers.
Unfortunately, PAWS failed to pass in the Senate in 2006. However, supporters have pledged to reintroduce it.
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