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You should not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harm it would cause if improperly administered. Lyndon Johnson, 36th President of the U.S.

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Liberty is a well-armed lamb contesting the vote!" - Benjamin Franklin
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HR 5434/S 3424 Puppy Uniform Protection and Safety Act (PUPS) - NCRAOA POSITION: OPPOSE

Bill text and cosponsors

IMPACT OF PROPOSED PUPS BILL
PUPS adds new problematic definitions to the existing AWA. Under the new definitions a breeding female dog means an intact female dog aged 4 months or older. It is virtually impossible for a 4 month old female dog to be capable of reproduction and therefore should not be part of this definition. This definition would compel breeders to spay at 4 months in order to keep a dog of this age on the premises without having it count toward the numeric criteria for licensing. Federal government would be well advised to avoid such standard-setting specifics as current research supports findings that early spay/neuter can be deleterious.

PUPS creates the new definition “high volume retail breeder”. A breeder only has to have “interest or custody” of one breeding female dog to fall under the first test of this criteria. This is extremely problematic and does not take co-ownerships into consideration.

The second criteria includes anyone who “sells or offers for sale, via any means of conveyance (including the internet, telephone, or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets in any 1-year period.

The “50 offspring” are not defined by age or as being from litters owned by the breeder or as being personally owned by the breeder. This definition will include puppies, young adults, spayed dogs; older dogs being retired from the breeding program; previously sold dogs returned and resold. The definition will encompass rescue organizations, including those that sell from their homes and shelters, on Petfinder (internet), and similar venues. The 50 sales definition could be interpreted to include public animal control facilities, veterinarian clinics with adoption centers, and any nonprofit groups organized specifically for rescue and re-homing/adoption of unwanted dogs.

As with all previous versions of HSUS introduced bills to break the commercial / retail barrier, PUPS subjects home breeders and rescuers of dogs to USDA licensure and its 60+ pages of regulations.

PUPS misleads legislators and the public into thinking this legislation will put an end to puppy mills when in fact PUPS will serve to eliminate many fine sources of home-bred puppies and close down rescue efforts.

As written, PUPS will encroach on the liberties of conscientious, responsible, law-abiding, mid-size breeders of pets and working dogs to continue enjoying their honorable hobbies and livelihoods. The arbitrary use of numbers for licensing and vague terms may also negatively impact the private sector dog rescue community. USDA/APHIS needs to enforce existing law and severely penalize violators rather than be tasked to expand their workload into areas that invade the privacy of citizens.

CONTACT YOUR REPRESENTATIVES IN CONGRESS

G. K. Butterfied, District 1
Bob Etherdidge, District 2
Walter Jones, District 3
David Price, District 4
Virginia Foxx, District 5
Howard Coble, District 6
Mike McIntyre, District 7
Larry Kissell, District 8
Sue Myrick, District 9
Patrick McHenry, District 10
Heath Shuler, District 11
Mel Watt, District 12
Brad Miller, District 13

Senator Richard Burr
Senator Kay Hagan

MORE INFORMATION ON PUPS

Sportsmen's & Animal Owners' Voting Alliance information and archives

Illinois Federation of Dog Clubs Position Statement Opposing PUPS

The German Shepherd Dog Club of America is tracking PUPS and has links to good articles on their website