Legislative Update on PAWS -
Pet Animal Welfare Statute of 2005 S. 1139
by: Laura Desborough
On November 8, Senator Santorum, Chairman of the Senate Agriculture
Subcommittee held a hearing on PAWS. Notwithstanding the tens of
thousands of emails, faxes and phone calls sent by bird, cat and dog
breeders in opposition to PAWS, no one directly opposing PAWS was
allowed to speak. Senator Santorum was the only legislator present
during the presentations of the various supporters of PAWS. These
representatives included individuals from the American Veterinary
Medical Association, AVMA, the American Kennel Club, AKC, the Doris
Day Animal League, DDAL, and the Humane Society of the United States,
HSUS. Michael Maddox of the Pet Joint Advisory Council, PIJAC,
provided comments questioning some sections of PAWS and in support of
other sections.
Michael Maddox, Legislative Director of the Pet Industry Joint
Advisory Council (PIJAC) pointed out specific areas where PAWS would
have unintended consequences and would work to defeat the directives
of the Animal Welfare Act. Mr. Maddox stated that the definition of
"dealer" in the AWA exempts non-commercial animal breeders
from USDA inspection. PAWS would remove that exemption. Mr. Maddox
pointed out that PAWS would incorrectly target pet stores that sold
puppies imported by Class B dealers, instead of targeting the Class B
dealers only.
Mr. Maddox pointed out that the PAWS "Retail Pet Store"
exclusion for "wild animals" would result in extending
licensing to the pet stores intended to be exempt! This section of
PAWS is the critical area for bird breeders and owners, as it would
affect anyone selling even one bird or animal, other than a dog or
cat. As Mr. Maddox stated: "Because the term "wild
animal" is defined to include any species that lives in the wild,
many common, domesticated household pets could fall within that
definition."
If Senator Santorum amends the PAWS bill and the language relating to
"wild animals" is removed from PAWS, then birds would not be
affected by PAWS. However, at this point in time, we do not know
whether Senator Santorum will or will not amend PAWS. Contact with his
office indicates no changes have been made as of December.
The representatives of AKC, DDAL, HSUS and AVMA who spoke at the
hearing gave testimony in support of PAWS. Some of these speakers also
characterized the opponents of PAWS as people who don't pay sales
taxes or income taxes on profits, and Wayne Pacelle of HSUS even
suggested that dog fighters masquerading as
legitimate breeders were working to defeat PAWS. Although cat breeders
will be severely impacted by PAWS, Senator Santorum did not allow Cat
Fanciers to speak.
There were two full page ads against PAWS in the "Roll Call"
publication read by most legislators in DC. These ads listed many of
the organizations opposed to PAWS. One ad was sponsored by the Cat
Fanciers, (<http://www.cfa.org>)
and did include the name of the Organization of Professional
Aviculturists as opposed to PAWS. The other ad was sponsored by
Sportsmen's and Animal Owners' Voting Alliance (<http://saova.org>)
. There was an officially approved demonstration outside the Senate
hearing site, organized by Colby Homer of West Virginia, where flyers
were passed out to the public and interviews given to the press in
regards to PAWS.
At this time there is no assurance of amendments or changes to PAWS.
Opposition to this bill continues and will continue until the bill is
defeated or amended reasonably.