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The Regulations
- Conclusion
The USDA has promulgated
substantial regulations that govern
the care given by and facilities of
Class A and B licensees/dealers. APHID
has the authority to inspect those facilities
at any time to ensure compliance. Although
retail pet store is undefined in the
AWA, the USDA has defined retail pet
store to exclude "any outlet"
where dogs and cats are sold at retail
as pets.
This definition has been
left unchanged for almost 35 years by
the USDA, which is charged with the
enforcement of the AWA and who understands
that the purpose of the AWA is to regulate
wholesale dealers, not hobby kennels
operating out of private residences.
In sharp contrast, the AWA itself has
been amended four times. Yet the main
argument made by Dr. Holt is that breeders
are excluded from regulation essentially
by the whim of the USDA - a whim that
has gone unchanged for 35 years. The
argument cannot be squared with the
historical record, as Congress has been
more inclined to tinker with the AWA
- and consequently regulate more activities,
not fewer - than has the USDA whose
call is to enforce the AWA.
As we shall see, the
USDA's "choice" to exclude
hobby breeder has been steadfastly defended
by the USDA, even after tremendous assault.
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