CFA Policy and Guidance Statements

Questions and Answers About PAWS

PAWS is a bill, S.1139, sponsored in the U.S. Senate by Senator Rick Santorum (R-PA). A companion bill, H.R.2669, was sponsored in the House by Representative Jim Gerlach (R-PA). PAWS would dramatically change the concept of the Animal Welfare Act as established by Congress. The AWA has historically required licensing only of commercial dealers who sell dogs/cats at wholesale, brokers and transporters of animals. PAWS would expand the USDA regulation of pet dealers to now include breeders who sell directly, at retail, to the buyers of cats and dogs.

What Is The Animal Welfare Act (AWA)?

For almost forty years the AWA has been used by the United States Department of Agriculture (USDA) to regulate large-scale commercial activity in pets. This includes transportation, handling, housing, treatment and care of certain animals, which includes the licensing of persons who deal in dogs and cats sold as pets for commerce and profit. There are about 3,000 "Class A" dealers inspected by the USDA today. The current law and regulations exempt retail sales by home-based hobby breeders who raise pets in their own homes and do not sell wholesale or for research. This allows many dog and cat breeders to be exempt from federal licensing requirement because they sell direct to the ultimate pet owner buy no animals for resale and sell no animals to other dealers.

Why Was PAWS Proposed?

Prior to 1995, the Doris Day Animal League (DDAL) petitioned the USDA to change it's regulations to license and inspect hobby breeders under the AWA. In 1995 they filed a Petition for Rulemaking requesting changes in the regulations. In December 1996, they filed a federal court action to force the USDA to change the regulations. In 2000 they filed another lawsuit to force the USDA to regulate hobby breeders. Senator Santorum proposed amendments to the AWA in the Senate, and later proposed the "Puppy Protection Act." Each attempt failed, and PAWS now seeks to overturn the USDA regulations and years of court decisions to license small to medium hobby breeders. Some of the stated purposes of PAWS are to regulate Internet sales, importation of pets, and strengthen the AWA's enforcement provisions.

How Will PAWS Exclude Small Breeders?

PAWS takes away the broad exclusion available under the current Animal Welfare Act, and replaces this with a confusing series of alternative "triggers" for licensing which are nearly impossible for the average breeder to understand. There is considerable confusion on how these provisions interact with each other, and additional regulations will be needed to interpret the law. PAWS excludes breeders who sell 6 or fewer litters a year "whelped" on their premises. PAWS also excludes breeders who sell fewer than 25 cats or dogs per year. But the sale of $500 in "other animals" could eliminate an exclusion. The sale of even one rescue cat or retired breeder not "whelped" on the premises could eliminate an exclusion. The complex issue of coowned litters or coowned cats is not even discussed in PAWS, raising the specter that a coowned cat could jeopardize an exclusion.

Who Will Be Affected By The New Legislation?

Best estimates are that PAWS will require the licensing of thousands of small to medium hobby breeders who raise and sell pets from their homes. At least 5,000 dog fanciers, and perhaps 1,200 cat fanciers who register litters with the Cat Fanciers' Association, will be required to obtain federal licenses. These estimates are in addition to the 3,000 commercial operations (Class A dealers) presently inspected by the USDA, along with other operations involved in the sale and transportation of pets. These estimates do not include breeders who lose their exclusion because of coowned pets, breed rescue activity, or other trigger events which are either prohibited or uncertain under PAWS. This estimates do not include those who breed or sell dogs or cats and register letters with registries other than the American Kennel Club (AKC) or CFA.

Did The Authors Of PAWS Consult With CFA Prior to Writing The Bill?

No. CFA was not consulted prior to the introduction of PAWS. No cat registry was allowed any input into the bill, despite the obvious affect on cat breeding. The bill contains many of the regulatory provisions sought by the DDAL in previous efforts, and some of the language of PAWS appears to be taken from AKC communications with the bill's author.

Why Should The Federal Government Tell Breeders How To Breed And Raise A Litter?

Federal regulation of breeders selling cats and dogs directly to the general public at retail as required by the PAWS is not appropriate. There is no compelling reason to justify discarding the historic concept of the Animal Welfare Act, which is to regulate the wholesale selling of dogs and cats to brokers, pet stores or for research as well as those engaged in animal transport or animal exhibition. There is no demonstrated need for federal regulation of breeders selling cats and dogs directly to the general public. The advertising of pets through the Internet has no inherent relationship to large commercial selling or inhumane conditions for animals. Cat breeds are rare and most hobby breeders have websites to reach a desiring public throughout the US.

The self-regulation of cat breeders selling at retail is accomplished by the Cat Fanciers' Association, Inc.(CFA) CFA has a successful Voluntary Cattery Environment Inspection Program. Veterinary inspection enables breeders to proudly advertise a CFA approved or "Cattery of Excellence". CFA considers catteries that register litters representing 75 kittens or more in a year to be "high volume" and this triggers a required veterinary inspection. In the year 2004 there were 66 catteries that registered more than 20 litters with CFA (21 litters x 3.6 kittens average would = 75) in the United States, Canada, Japan, Europe and elsewhere.

What Is The Potential Effect On Rescue Groups And Individuals?

This bill does not contain any exclusion for rescue groups or rescue activity by hobby breeders. 1.? The law requires federal licensing and inspection of "dealers", who are defined as anyone who delivers, transports, buys, or sells, or negotiates the purchase or sale of any animal as a pet "...for compensation OR profit..." Note that it is not necessary that a group be profit-making to fall under the statutory definition of a dealer. Nonprofits groups and individuals will be dealers if they accept any compensation for the adoptions, even though they make no profit. In addition, most cat breed rescue activity is done by hobby breeders. They do this because of their love of the breed. The alternative "triggers" under PAWS penalizing placement of pets not "whelped" on their premises could eliminate hobby breeders as a major component in breed rescue activity.

How Will Commercial Breeders Benefit From PAWS?

Commercial breeders may face fewer inspections if PAWS passes. The USDA has approximately 100 inspectors to cover the 3,000 Class A dealers. PAWS would greatly overextend the enforcement capacity of the USDA. The numbers of facilities/homes that would be added cannot be accurately determined but a reasonable estimate is 5,000 AKC dog breeders and 1,200 CFA cat breeders, plus those of other registries, added to the existing 3,000 Class A Dealers. Since most home-based breeders work at a job elsewhere inspectors would experience many "call-backs". All of this is a waste of taxpayers' money and diverts the resources of the USDA from focusing on the business motivated and truly large sub-standard facilities as intended by the AWA.

How Has The Proliferation Of Large Breeding Operations Selling At Retail Necessitated This New Bill?

PAWS is unnecessary as there is almost no large scale breeding of cats, and almost no market in imported cats. There is no evidence of interstate or international trade in cats that needs to be regulated. Several studies show that over 90% of all cats in American households are random-bred strays, cats obtained from shelters or from friends and family. Most owned cats are spayed/neutered (85% to 87%), few are obtained from pet stores other than through adoption events and only 3% of owned cats are obtained from breeders. Supporters of PAWS have been unable to document any need for federal regulation of home-based hobby breeders of cats.

If This Bill Passes, Will Hobby Breeders Subject To Regulation Still Be Able To Raise Kittens In The Bedroom, Or Will They Have To Build A Separate Cattery/Kennel?

The USDA's current animal care regulations only cover breeders who sell at wholesale, and usually breed in large quantities, so the current regulations pertain to that environment. These regulations would be particularly ill-suited for home-based hobby breeders. Compromising on the regulations in order to accommodate the newly added home breeder-dealers may potentially lessen the enforcement of the AWA standards of care for existing Class A wholesaler-broker-dealers. This is not in the best interests of animals. Nothing in PAWS suggests that CFA, the AKC or any other registry will be consulted in creating the regulations for residential breeders . Given the history of litigation surrounding USDA regulations interpreting PAWS, it may be many years before anyone will be able to answer this question.

What Is CFA's Position On PAWS?

CFA encourages better enforcement of the AWA to protect the welfare of animals in facilities that breed and sell at wholesale. CFA opposes the PAWS bill as it is written. The bill is not well drafted, it is confusing and complicated. CFA favors certain enforcement provisions in PAWS that are needed because these can only be achieved through the statute rather than the regulations.

For more information about PAWS; CFA's position and WHAT YOU CAN DO visit: www.cfa.org/exhibitors/alerts.html

George Eigenhauser
CFA Legislative Information Liaison
September 2005

To correspond with the CFA Legislative Committee, please send email to legislation@cfa.org

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