[ SHOWGSD-L ] more doubletalk

  • From: Peggy <pmick@xxxxxxxxx>
  • To: showgsd-l <showgsd-l@xxxxxxxxxxxxx>
  • Date: Fri, 19 Aug 2005 21:33:34 -0400

A friend of mine who is an attorney, and a dog breeder, and who formerly 
bred show ponies, is carrying on a very detailed correspondence with the 
AKC concerning PAWS.  This is the latest letter she received.  No matter 
what, th AKC seems intent on reading the law differently than most of 
us...perhaps someone can explain to me the "whichever is greater" 
part...I don't see that anywhere in the proposed legislation.  (see the 
paragraph with the asterisks before and after it)
    As I said a few days ago, I'm sure PAWS will pass.  Where it will 
lead is not so much up in the air as "how long will it take to lead 
there."  I don't think the AKC gives a hot damn...and some of us on the 
list won't be breeding much more, anyway...for those of you who are so 
young that you don't remember green stamps, I feel sorry for you.  It 
really is time to find something else to do...it had best not involve 
animals of any kind, however.
The letter from the AKC follows - if you can stand reading any more of 
the crap coming from that organization, read on.
Peggy
>
> Dear Ms. S----,
>
> Thank you for taking the time to contact AKC.
>
> I will pass your question about the registration changes to our 
> customer service department.
>
> In regards to PAWS, AKC will not be providing information to the USDA. 
> Current enforcement relies heavily on voluntary compliance and will 
> continue to do so. Currently, the USDA is required to license any 
> breeder who sells dogs at wholesale and maintains more than three 
> breeding females (whether or not they are actually bred). If the USDA 
> suspects that someone is evading this requirement, it may investigate 
> and take appropriate action.
>
> The new legislation will give the USDA access to "source records" from 
> people who acquire dogs for resale, which will aid it in maintaining 
> the integrity of retail pet stores, as well as monitoring large-scale 
> commercial breeders and/or importers. There is no authority in the 
> current law or in the new bill for the USDA to require records from 
> third parties (such as the AKC) who do not acquire dogs for resale.
>
> The USDA will have the authority to enforce the new legislation in the 
> same manner as before, by investigating cases of suspected violation 
> and gathering evidence. However, their task will be made easier and 
> more efficient because they have access to the source records of the 
> persons who buy dogs at wholesale.
>
> *Additionally, PAWS will only affect persons who sell more than 6 
> litters or more than 25 dogs in one year, whichever is greater. All 
> dogs, including dogs for breeding, hunting or sporting, will be 
> subject to the same thresholds. I think the explanation below will 
> help clarify those thresholds for you.*
>
> The term dealer does not include
>
> (a) persons who sell not more than 25 dogs or
>
> (b) persons who sell dogs born or raised on their premises and whelp 
> six or
> fewer litters.
>
> It is important to understand that this language is in the context of 
> an EXEMPTION from coverage, not a provision defining coverage. 
> Therefore, a breeder can be exempt under either criteria, not selling 
> more than 25 dogs or not selling dogs from more than 6 litters. For 
> example, a toy breeder who has a number of small litters will not be 
> covered until they reach the 25 threshold, regardless of the number of 
> litters whelped.  Similarly, a Golden Retriever breeder who whelps 
> fewer than 7 litters that result in over 25 puppies would not fall 
> under the regulations.
>
> Please let me know if there are further questions or concerns about 
> PAWS that we can address for you.
>
>
> Canine Legislation Department
> American Kennel Club
> 5580 Centerview Drive
> Raleigh, NC  27606
> (919) 816-3720
> (919) 816-4275 fax




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