Dr.
Carmen L. Battaglia is a well-known
and respected figure in the dog world.
He is also the German Shepherd Dog Club
of America delegate and one of the four
AKC directors who voted against the
AKC's support of S1139 (PAWS) on June
12, 2005. His statement indicates that
the AKC's underlying rationale is flawed,
the bill itself poorly written and dangerous
and he urges its defeat. Dr. Battaglia
resides in Georgia. His impressive resume
and website are located here.
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Date: Thursday, June 30, 2005
Subject: THE PAWS ACT (SB 1139/HR2669)
From: Carmen Battaglia
Thank you for taking the time to contact
me regarding AKC's support for the legislation
that is being proposed by the Republican
Senator Rick Santorum from Pennsylvania.
As you may know, four AKC directors
voted against the motion to support
the proposed legislation. Those dissenting
were: Carmen Battaglia, Tom Davies,
Patti Strand and Ken Marden. I am with
this memo answering your inquiry and
I am speaking only for my self. Since
you took the time to contact me with
your questions, you deserve a response.
Let me begin by saying that when people
in a family disagree, we don't divorce.
We continue to support each other even
though we differ on strategy. The right
to dissent should not be confused with
disloyalty. I think you will better
understand my point after you finish
reading my response to your email.
To begin, it is unlikely that the goals
of the PAWS statue can be reached by
expanding Federal oversight to the small-scale
breeder who produces puppies and kittens
as a hobby. In simple terms, AKC has
always argued against the use of numbers
to define hobby breeders. The reason
was and is that numbers can always be
changed along with the definitions.
A small change here and there overtime
could easily change things and eventually
it could be difficult to be defined
as a hobby breeder. The history of the
Animal Rights extremists on this point
is clear. They have always worked to
first get their foot in the door, and
then they begin to work on their target
by changing definitions, which widens
their influence. The fundamental argument
that is being used regarding the need
for this legislation in my judgment
is flawed. There is no documented record
that we are being "bombarded with
horror stories from fanciers about commercial
importers and the "puppy mills"
who are evading federal regulation".
If there is such a report it still would
not justify having the federal government
coming into our residence, telling hobby
breeders how to breed and raise their
litters. Senator Santorum has a long
history of wanting to regulate hobby
breeders. In 2000, he proposed legislation
focused on dog breeding practices, socialization
standards, and the idea of 3 strikes
and your out (you lose your license
to breed). In November of 2003, this
Senator along with representative Whitfield
made another attempt to regulate hobby
breeders. They reintroduced the Puppy
Protection Act. This time the emphasis
was placed on setting a breeding limit
on all bitches. AKC's lobbyist Jim Holt,
said that these efforts were "
the brain child of the HSUS", "a
radical animal rights advocate"
group. He went on to say that "we
can look forward to the socialization
standard returning in some form".
One of the most dangerous parts of
PAWS is that for the first time it will
inject the federal government into regulations
about whether, when and how animals
(dogs) can be bred". Once the government
is able to establish this principle,
others can work on the details of making
changes later. The first step in their
strategy is to get the hobby breeders
"to admit that a problem exists".
AKC has always believed that "the
answer is not in expanding the scope
of the law but in more effective enforcement."
That has not changed. Over regulation
always leads to unintended consequences.
The argument that the importers and
those who sell on the Internet need
to be regulated by the federal government
should not be linked to the hobby breeder.
Using numbers like 25 puppies sold a
year and breeding less than 7 litters
on your premises should not be the way
to exclude hobby breeders by law. We
should not forget that there still remains
several other important issues that
have not been developed and the negotiations
are not over. What this means is that
the numbers 25 and 7 can be changed
with a simple word or two. For example,
25 pups can become 10, and 7 litters
can become 3 litters. What the Senator
still has not addressed involves his
intentions about several other areas.
He has yet to explain what he intends
to do about:
- The scope of the minimum "humane
care standards" and the penalties
for breeders.
- The provisions covering breeders
who raise puppies in their homes
- The language that authorizes the
USDA to certify inspection programs
of non-governmental organizations. This
area includes private inspections by
contractors which is of particular concern
due to a frequent pattern of incompetence,
abuse and corruption where organizations
have already been employed by state
and local jusristications.
- The non-profit entitles such as the
shelters and whether they will be excluded.
Given all of these uncertainties, there
is good reason for concern about PAWS
which is a poorly written statute.
What to do was a question many of you
ask. To date, my email box has over
600 emails from dog owners. It is impossible
to read all of them. But if I received
600 letters, that would be a different
matter. The last time this Senator attempted
to regulate hobby breeders we suggested
that you and each of your members and
clubs write your US Senator and Representative.
Ask them to not co-sponsor or support
PAWS. That approached worked and the
statue died. In this case, we need to
be realistic; this Senator is a ranking
Republican. He can probably get support
in the Senate. However, the PAWS statue
must still be voted on by the House
of Representatives. So your second letter
should be sent to your Congressmen.
Remember that this is a time sensitive
problem. If you plan to let your US
Senators and Congressmen know about
your feelings and how you want them
to vote, act now. Send letters, emails
will not pay off.
Your friends, neighbors, clubs and
organizations can defeat this bill or
remove from it all reference to hobby
breeders by the numbers.
Thanks for your concern. I hope these
answers have addressed your questions.
Carmen Battaglia
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