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PAWS
We come to the proposed
legislation endorsed by the AKC. As
we heard from Dr. Holt, the AKC met
with groups like the Humane Society
of the United States (HSUS) and DDAL
mere days before PAWS was introduced.
Yet the AKC refused to meet with the
CFA, NAIA, PIJAC or other strong and
steadfast allies at any time before
PAWS' introduction.21
So, what does PAWS do?
The bill is difficult
to read. It renumbers all of the existing
subparagraphs in 7 USC §: 2132 -
the AWA definition statute. Substantively,
PAWS redefines "dealer as follows:"
(e) The term "dealer" means
any person who, in commerce, for compensation
or profit, delivers for transportation,
or transports, except as a carrier,
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,
(2) any dog for hunting, security,
or breeding purposes, or
(3) any dog imported from outside
the United States, unless the dog is
imported by the person for the use and
enjoyment of the person, 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 which sells any dogs imported from
outside the United States; or
(ii) any person who, during any calendar
year-
(I) (aa) sells not more than 25 dogs
or cats at wholesale or to the public;
or
(bb) does not whelp more than 6 litters
of dogs or cats and sells only dogs
or cats bred or raised on the premises
of the person directly at retail to
persons who purchase such animals for
their own use and enjoyment and not
for resale; and
(II) derives not more than $500 gross
income from the sale of other animals;22
(Emphasis added).
A flowchart to explain when a hobby
breeder is regulated under the AWA is
set
forth as follows [link opens in new window]: 23
As can be seen from the flowchart,
many roads lead to the classification
of hobby breeders as dealers under PAWS,
subjecting hobby breeders to the rigorous
inspections and standards of the AWA
and its regulations.
[Downloadable Dealer Equation Flowchart
- PDF
Format]
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21 The reason for the lack
of communication should be self-evident.
Allied groups would have recognized
the AKC's reversal of course as capitulation
and abandonment.
22
23 I am grateful for the
hard and dedicated work done by Sharon
Coleman and many others of the Animal
Council for her allowing me to use this
flowchart, as well as for the numerous
resources and good counsel which she
and they have provided me in order to
prepare this paper.
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