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The Animal
Welfare Act Overview
Dr. Holt argues that it
is far superior to pass PAWS and codify
a partial exemption for hobby breeders
in the AWA than it is to rely upon a
regulatory exemption that hobby breeders
have enjoyed without modification for
35 years.
The original version
of the AWA was adopted by an Act of
Congress in 1966. Originally labeled
the Laboratory Animal Welfare Act, the
law was designed to ensure the humane
treatment of laboratory animals.
In 1970, the AWA was passed
that increased the jurisdiction of the
USDA to include other animal owner and
user groups, including wholesale sales
of animals whose ultimate purpose is
use as pets.5
After 1970, the AWA regulated
"dealers" as well as research
facilities. The term "dealer"
is defined in 7 USC § 2132 as:
. . .any person who, in commerce,
for compensation or profit, delivers
for transportation, or transports.
. .buys, or sells, or negotiates the
purchase or sale of, (1) any dog or
other animal whether alive or dead
for research, teaching, exhibition,
or use as a pet, or (2) any dog for
hunting, security, or breeding purposes,
except that this term does not include---
(i) a retail pet store except such
store which sells any animals to
a research facility, an exhibitor,
or a dealer; or
(ii) any person who does not sell,
or negotiate the purchase or sale
of any wild animal, dog, or cat,
and who derives no more than $500
gross income from the sale of other
animals during any calendar year.
. . 6
The intent of the AWA was to .regulate
wholesale dealers of dogs and cats.7
Retail sellers were specifically excluded
fkom regulation under the AWA. The term
"retail pet store," which
is statutorily excluded from the AWA,
was not defined in the statute.
The AWA was amended a second time
in 1976. This amendment "addresses
two problems not reached by the present
law; (1) mistreatment of animals in
the course of their transportation affecting
commerce; and (2) animal fighting ventures."8
In 1985, Congress amended the AWA
for a third time. The 1985 amendment
extended the definition of the word
"animal."9
Congress could not resist the temptation
to amend the AWA a fourth time. In 2002,
the AWA was again amended to change
the definition of "animal,"
criminalizing the sponsoring of an animal
in an animal fighting venture, increasing
certain fines, among other changes.10
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5 Pub. L. 91-579,
Dec. 24, 1970, 84 Stat. 1560.
6 7 USC § 2132.
7 "THE BILL REGULATES
MORE PEOPLE WHO HANDLE ANIMALS. IT WILL,
FOR EXAMPLE, BRING INTO THE REGULATORY
FRAMEWORK OF THE ACT FOR THE FIRST TIME
EXHIBITORS (SUCH AS CIRCUSES, ZOOS,
CARNIVALS, AND ROAD SHOWS) AND WHOLESALE
PET DEALERS." House Report NO.-91-1651,
December 2, 1970, Cong. Record Vol.
116 (1970).
8 House Report 94-801, January
29, 1976, Cong. Record Vol. 121-122
(1976).
9 Pub. L. 99-198, Title XVII,
1756(b), Dec. 23, 1985, 99 Stat. 1650.
10 H.R. Conference Report
107-424, May 1, 2002, Cong. Record Vol.
148 (2002).
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