News Briefs and Updates August 20, 2015

SAOVA Friends,

The Texas Agriculture Law Blog is an outreach project of the Texas A&M Agrilife Extension Service.  It is specifically focused on water law, oil and gas law, leasing, property rights, right to farm statutes, and animal cruelty issues. The blog provides interesting reading not only on the variety of subjects listed above but others such as the Farm Bill, easements, landowner liability, and the ESA.  Currently the blog is offering a series on how to avoid and survive undercover video investigations.  This three-part series was previously published in Dairy Herd Management magazine. Part 1 covers hiring practices and Part 2 covers farm policies and training practices. The blog can be found at http://tinyurl.com/qbvrtky

Thank you for reading. Cross posting is encouraged.

The world not only belongs to those who show up, it's controlled by the best informed and most motivated.

Susan Wolf

Sportsmen's and Animal Owners' Voting Alliance

Working to identify and elect supportive legislators

HSUS’s INTIMIDATION TACTICS IN RHODE ISLAND

HUMANE WATCH August 13, 2015. When is a “Humane Society” not humane? When it launches a harassment campaign singling out a state senator.

For over a month, Rhode Island State Senator Susan Sosnowksi has endured the bullying of the Humane Society of the United States (HSUS). The radical animal-rights group has taken out full-page ads attacking the Senator, passed around inflammatory fliers in her hometown farmers market, and accused Sosnowski of “doing the bidding of animal abusers.” What is Sosnowski’s offense? She doesn’t support an HSUS bill that creates cumbersome regulations for egg production that would have harmed a family farm in the state. Sosnowski is herself a farmer, so she most of all would understand what’s going on here.

What is particularly unjust about the Humane Society’s harassment is that there appears to be little-to-no evidence this bill would actually improve animal welfare. Rhode Island’s Livestock Welfare & Care Standards Advisory Council said the bill’s requirements are “far in excess of any standard set forth in any state without any evidence to support this increase improves hen welfare.” In fact, the legislation may result in worse conditions for hens with weaker chickens being left unprotected from the pecking of more aggressive chickens in the coop. The bill would also result in higher prices for eggs, and quite possibly lead to diminished food safety. Research published by Oxford Journals found that the safest housing system was a cage system that HSUS opposes.

However, the facts don’t matter to HSUS. Far from trying to improve animal welfare, what this extremist organization cares about is creating burdensome regulations that disrupt farming in every way possible. HSUS’s food policy director has compared farms to Nazi concentration camps and HSUS’s CEO has compared the treatment of animals to slavery. These guys don’t support any kind of egg farm—cage-free, free-range, or otherwise.

For years, animal-rights activists infamously used terror tactics against UCLA’s biomedical researchers. Activists set cars ablaze, placed incendiary devices on researchers’ doorsteps and under their cars, and sent violent threats to others. What HSUS is doing here obviously doesn’t rise to the level of violence, but it’s still disturbing. Is this how HSUS donors would want their money being used, to send some someone to Rhode Island to hassle people at a farmers market? Undoubtedly no.

Since no farm will meet HSUS’s standard of veganism, it appears unlikely that HSUS will stop harassing Senator Sosnowski anytime soon.  http://tinyurl.com/p2gcea2

COSTCO VS HSUS

The Humane Society of the United States (HSUS) is taking its public relations fight against Costco Wholesale to another level. HSUS plans to broadcast graphic footage of hens allegedly being mistreated at a Pennsylvania supplier of eggs to Costco on a 1,700 square-foot billboard in Times Square. The undercover footage was shot at Hillandale Farms as part of a campaign to pressure the retailer to only sell eggs from cage-free hens. More than 300,000 pedestrians enter the heart of Times Square each day, according to the Times Square Alliance, a group that promotes businesses in the area.

HSUS also filed legal complaints with the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) alleging that Hillandale Farms, a Costco egg supplier, deceived consumers with its poor animal welfare standards and “filthy and unsanitary conditions,” resulting in food safety concerns.

Costco’s CEO Craig Jelinek told FOXBusiness that they’re being unfairly targeted. Costco said in a June statement regarding the video that there are "vigorous debates about animal welfare and laying hens." "Some, such as the Humane Society, advocate that hens be cage free and not confined in cages. Some advocate that cages are safer for hens," the statement reads. “Inspections that we have conducted there as recently as this week confirmed for us that Hillandale is behaving appropriately. Hillandale has identified some areas in which it believes it can improve, including process improvement and more training for its employees.”

In the Hillandale Farms statement regarding this video they say that they have had audits by the FDA, United Egg Producers, and the Pennsylvania Egg Quality Assurance Program (PEQAP), all of which report excellent results for this farm. Hillandale provided copies of these reports to ABC after HSUS sent ABC a copy of the video.  “We believe our high standards were compromised by this undercover employee, who shot the video in a barn where he was the primary caretaker, with responsibility to maintain cleanliness in the barns, address any equipment issues and remove mortality on a daily basis. It appears clear that he disregarded required operational procedures and then videotaped the barn and flock with the intent to misrepresent Hillandale Farms. A full internal investigation by our team and by independent outside academic experts in food safety and hen welfare confirmed our belief – that the images in the video reflect an isolated incident in a barn where the undercover worker held primary responsibility. It was his job to identify and address the types of issues that were shown, and he did not adequately perform his job requirements.” http://tinyurl.com/q843rsh

Sources: HSUS website; Food Safety News; Egg-Cite; CBS Interactive

CHICAGO PET STORE BAN SUIT DISMISSED

A federal judge last week dismissed an amended lawsuit filed by area pet stores against a Cook County ordinance that limits the sale of animals from large-scale breeders. The ordinance, which was originally set to take effect in October 2014, limits the sale of dogs, cats and rabbits in Cook County pet stores to those that come from rescue groups, humane societies, government-run shelters or federally licensed breeders who possessed no more than 5 reproducing female dogs, cats, or rabbits. The ordinance was drafted to allow an incorporated municipality to opt out under home rule powers by passing its own ordinance governing pet shop sales. Plaintiffs, including the Missouri Pet Breeders Association (MPBA) and three Cook County pet shops and their owners, claim that the ordinance is invalid under the U.S. Constitution because it violates the Commerce Clause; the Equal Protection Clause; and that the ordinance is impermissibly vague. Pet shop plaintiffs also alleged violations of the Contract Clause.

The Court found the ordinance is facially neutral, and any disparate impact on out-of-state breeders is indirect and incidental. The Court also found it implausible that the ordinance will affect interstate commerce. District Judge Matthew F. Kennelly wrote, “Plaintiffs' Equal Protection Clause and Contract Clause claims, which the Court dismissed in its order dated May 21, 2015, have not changed. Accordingly, the Court reaffirms its dismissal of those claims. (See Mo. Pet Breeders Ass'n, 2015 WL 2448332, at *6–7, *10–11.  In that opinion Judge Kennelly wrote, “The ordinance does not raise equal protection concerns, even if it will not completely solve the problems it was intended to address. Any disparate effect that stems from the distinction between sales by breeders and sales by pet stores is rationally related to the legitimate government interest of limiting the use of mass-breeding facilities.”  Kennelly continued, “Defendants have offered “plausible reasons” justifying the challenged classifications. Id. Lawmakers imposed breeder-size requirements to ensure that pet stores bought animals from small breeders as opposed to inhumane mass-breeding facilities. Because defendants have presented legitimate public interests that support the ordinance, the Court dismisses plaintiffs' Contract Clause claim”.)  http://tinyurl.com/q7oelrq

MASSACHUSSETTS BALLOT INITIATIVE

Citizens for Farm Animal Protection has announced a new ballot initiative in Massachusetts to curb extreme confinement of breeding pigs, veal calves, and egg-laying hens. The coalition includes the Massachusetts Society for the Prevention of Cruelty to Animals, the Animal Rescue League of Boston, American Society for the Prevention of Cruelty to Animals (ASPCA), The Humane Society of the United States (HSUS), United Farm Workers, Center for Food Safety, veterinarians and others. Although confining-cage practices are virtually non-existent in Massachusetts, supporters claim a ban will prevent them in the future. While previous ballot measures backed by HSUS in other states limited the ways farmers can produce meat and eggs, the Massachusetts measure also targets what products businesses here can sell.  The measure is opposed by agricultural groups and the food industry who say a ban is costly and unnecessary, if not unconstitutional. The ballot question must first be certified by the attorney general. Once approved, the coalition must collect more than 90,000 signatures in order to qualify this proposal for the 2016 statewide ballot.

USDA ANIMAL HEALTH PANEL INCLUDES HUMANE SOCIETY VET

Agri-Pulse August 18, 2015. Agriculture Secretary Tom Vilsack has named 19 members of his Advisory Committee on Animal Health that will serve through June 2017. The panel, which is supposed to represent “a broad range” of groups within agriculture, includes a veterinarian from the National Pork Producer Council, several academics and livestock producers as well as the director of veterinary policy with the Humane Society of the United States (HSUS), an animal welfare group that is widely unpopular in some circles of the agriculture industry.

In a 2012 interview posted on the Humane Society Veterinary Medical Association website, the HSUS vet, Michael Blackwell, called HSUS “the most capable organization to influence our direction as a society.” When asked to name his top priority issue, he pointed to the health of food animals “especially as that is threatened by mechanized and industrial systems” that he said “can and do threaten public health and environmental safety.” Agriculture groups have criticized HSUS for its tactic of engaging in lawsuits to force producers and producer groups to spend money on legal fees and for helping to create legislation perceived by some as harmful to agriculture, such as the California egg law, which increased the space allocated in cages for every egg-laying chicken in the state.  Continue reading: http://tinyurl.com/nvf6jlu

News Briefs and Updates June 20, 2015

SAOVA Friends,

Decades have gone by without evidence that mandatory spay and neuter (MSN) laws have had any success. Sometimes that is still not enough to deter officials from proposing these failed ordinances. Should MSN be proposed in your area, we have compiled two handouts for your use. “Mandatory Spay Neuter – A Failure Everywhere” along with a collection of national organizations position statements opposing MSN, can be downloaded from our website http://saova.org/download.html

Thank you for reading. Cross Posting is encouraged.

Susan Wolf
Sportsmen's and Animal Owners' Voting Alliance
Working to identify and elect supportive legislators
saova@earthlink.net
http://saova.org

US FISH AND WILDLIFE FINALIZES CHIMP RULE
June 2015. US Fish and Wildlife (FWS) in response to a 2010 petition by HSUS and Jane Goodall announced a final rule to classify all chimpanzees, both wild and captive, as endangered under the Endangered Species Act (ESA). The final rule will go into effect on September 14, 2015. Under the new designation anyone working with captive chimps in the US must apply for a permit from FWS. Organizations that want to continue working with chimpanzees will have to document that the work enhances the survival of the species and benefits chimps in the wild. That could include research that boosts habitat restoration or contributes to improved management. If anyone is actively engaged in chimpanzee research, they must apply for a permit. According to FWS Director Dan Ashe, some biomedical research with chimps may be allowed to continue if it is critical for understanding human disease.

In a press release The National Association for Biomedical Research stated, "The full impact the new FWS ruling will have on biomedical research is unclear. However, it would be unfortunate, even grave, should an infectious disease outbreak occur where human lives are at stake and a chimpanzee model could expedite development of life-saving medicines." Read the full press release at NABR: http://tinyurl.com/phe9zya

ALDF LOSES COURT BATTLE AGAINST SEAQUARIUM
The Orca Network, Animal Legal Defense Fund and others failed in their challenge against the Miami Seaquarium 's federal license renewal for the orca known as Lolita. "Only Congress, not this court, possesses the power to limit the agency's discretion and demand annual, substantive compliance with animal welfare standards," Judge Susan Black wrote for a three-judge panel for the 11th Circuit Court.

Every year, Seaquarium must renew its Animal Welfare Act (AWA) license with the U.S. Department of Agriculture (USDA). Before the expiration of its license in 2012, the ALDF sent a letter to the USDA asserting that Lolita's living conditions are inhumane, and Seaquarium's license should not be renewed. The USDA responded that it found Seaquarium in "compliance with the regulations and standards," and renewed the facility's license to keep and exhibit Lolita. It did not conduct an inspection of Lolita's living conditions based on the allegations in ALDF's letter. The ALDF sued in Miami, seeking a court order to set aside the USDA's renewal of Seaquarium's license, based on the theory that AWA animal welfare inspection laws should apply both to new licensees and license renewals.

In granting USDA summary judgment, the lower court found that the USDA complied with its license-renewal process, which requires just a certification of compliance, payment of an annual fee, and submission of an annual report detailing the number of animals exhibited in the prior year. Full story at Courthouse News Service: http://tinyurl.com/ppaqjj2

ALDF SUIT AGAINST PA DEPT OF AG MOVES FORWARD
The Commonwealth Court of Pennsylvania allowed a lawsuit filed last summer by ALDF to move forward against the Pennsylvania Department of Agriculture. According to their press release, ALDF sued the Department for passing watered down regulations that gutted Pennsylvania’s historic Dog Law. ALDF and Petitioners asserted that the Department was not authorized to exempt nursing mothers from the statutory ban on metal strand flooring and from the statutory requirement of unfettered access to exercise areas. Petitioners requested that the court enjoin the Department from enforcing above regulations currently in 7 Pa.Code 28a.8 and 28b.1, declaring these sections to be in conflict with the Dog Law and therefore unlawful, and order the Department to revise the regulations in a manner consistent with the Dog Law.

Petitioners stated that the Dog Law prohibits Class C license holders (Commercial Kennels) from using metal strand wiring in the primary enclosure of adult dogs and requires unfettered access to an exercise area. Department regulations provide for compliance if only 50% of primary enclosure flooring meets that regulation, and allow a commercial kennel owner to be in compliance if a nursing mother is provided with daily access to an exercise area.

Judge Bonnie Brigance Leadbetter overruled the Department’s preliminary objection to Petitioners’ standing. In her opinion Judge Leadbetter noted that before filing the suit Petitioners requested both the Department and the Independent Regulatory Review Commission (IRRC) review the regulations. Both the Department and the IRRC declined. Judge Leadbetter wrote, “These allegations, if proven, strongly suggest that redress through other channels is futile and thus that judicial scrutiny is required to insure that the regulations adopted by the Department conform to the law under which they were promulgated.” Opinion by Judge Leadbetter http://tinyurl.com/phxndwg

PALM BEACH COUNTY CALLS FOR END TO IMPORTING DOGS, CATS
Palm Beach County's unwanted dogs and cats are more likely to die if rescue groups keep importing animals from other counties and states, local officials warned. The county's animal shelter near West Palm Beach takes in 15,000 dogs and cats a year that are at risk of being euthanized if they aren't adopted. Finding homes for local shelter animals is made harder by well-meaning rescue groups continuing to have unwanted dogs and cats trucked and flown into Palm Beach County for adoption events, according to county officials. Some imported dogs and cats are coming from as close as Broward and Miami-Dade counties while others come from Alabama, Tennessee and even farther.

Because many rescue groups have ignored the county's request that they stop bringing in outside dogs and cats for adoption, County Mayor Shelley Vana went public with a plea to focus on helping local animals. The press conference was prompted by another local rescue group bringing in 60 dogs from outside the county for an adoption event.

"How does flying or busing in puppies from other regions help the dogs in this community?" Vana asked at a press conference from the county shelter. Vana continued, “What message is being sent to would-be adopters? What happens to those at-risk at animal care and control when those animals are flown in? The truth is often uncomfortable. Importing puppies and dogs into Palm Beach County while dogs in our own shelter die, means that some groups are simply stocking their shelves with dogs that are highly adoptable at a high fee.”

The county wants rescue groups to at least temporarily stop bringing in outside animals until the county shelter reaches a 90 percent “save rate”. So far this year, the county has an 80 percent "save rate" for dogs, while that drops to just a 39 percent for cats. Source: Sun-Sentinel

The Long Road to Animal Welfare

This is a very long essay by Wayne Pacelle published in the magazine Foreign Affairs by the Council on Foreign Relations. In this essay he covers ballot initiatives; use of Michael Vick to promote anti-dog fighting (not to mention raise money); history of the animal rights movement; HSUS successes. Pacelle covers his version of the HSUS heroic efforts in New Orleans following hurricane Katrina. Pacelle includes as a success story an anti-confinement ballot measure in Florida in 2002; however he fails to mention there were only 2 hog farmers in the state. After the ballot passed, both farmers sent their herds to slaughter. 

The article states: "The two largest groups, the HSUS and the ASPCA, together raise and spend nearly $400 million a year and have assets approaching $500 million."

The Long Road to Animal Welfare -

How Activism Works in Practice

By Wayne Pacelle

On election night in November 1992, I waited anxiously with other animal welfare activists at the Radisson Hotel in Denver, Colorado, to learn the outcome of a statewide ballot measure to ban the baiting, hound hunting, and spring hunting of black bears. The initiative was a big deal both for me (it had been my idea) and for the animal welfare movement more generally. Colorado was a political redoubt for the National Rifle Association and other pro-hunting groups; if the ballot measure passed, it might inspire other reforms for animals, and if it failed, it might set the movement back years. Most of my fellow activists had been skeptical about the initiative, arguing that it was a fool’s errand because the hunting lobby was too strong to defeat. But the leaders of the Humane Society of the United States (HSUS—then as now, the largest animal protection organization in the country—had overruled their political staff and decided to support the effort, on principle. “It’s too important not to try,” John Hoyt, then the group’s president, told me. “If we lose, I want to be on the side of the losers.” In the end, we won big, getting 70 percent of the vote.

Full Article at link: 
 https://www.foreignaffairs.com/articles/2015-06-16/long-road-animal-welfare

Legislation Updates February 16, 2014

SAOVA Friends,

Most legislatures are now in session for 2014 and there is no shortage of bills being introduced targeting dog breeders and sportsmen.  We have a short list of bills below that require your attention now.  Additional bills are being tracked at the SAOVA website http://saova.org/news.html Please check weekly for updates.  Cross posting is encouraged.

Susan Wolf

Sportsmen's & Animal Owners' Voting Alliance

Working to Identify and Elect Supportive Legislators

saova@earthlink.net

ARIZONA

Wayne Pacelle made a personal appearance at this month’s Humane Lobby Day to push HSUS priority bills. Among them HB 2022 prohibiting convicted animal abusers from owning or otherwise caring for any animal and HB 2215/SB 1036 adding cockfighting or other animal-fighting crimes to the list of racketeering crimes.

HB 2242 Commercial Dog Breeders and Pet Dealers is another HSUS priority bill. Sponsors: Representatives Kavanagh, Sherwood, Ugenti, Coleman, Forese, Lovas, Pratt, Shope; Senators Reagan, McComish, Melvin, Meza. HB 2242 adds definition of commercial dog breeder to Pet Lemon Law Statute 44-1799. Commercial dog breeder defined as a person that sells twenty or more dogs in a calendar year but does not include commercial livestock operations. The bill adds commercial breeder to the definition of pet dealer and also requires a veterinary examination of all female dogs owned before breeding. Commercial breeders would then be subject to provisions of the Pet Lemon Law including record keeping, purchaser remedies, and civil penalties. STATUS: Passed House Agriculture and Water Committee 8-0; passed House second read 1/23/14. Placed on Consent Calendar 2/10/14. Calls in opposition are urgently needed now.

HB 2302 Public Sale of Animals Sponsors: Representatives Frank Pratt (R, 8), T J Shope (R, 8).

Revises statutes making public sale of animals unlawful on any public highway, street or park or any public property adjacent to a public highway, street or park, or any commercial private property without the express consent of the owner or lessee of the property. Status: 1/22/14 PASSED Agriculture and Water 8-0. Placed on Consent Calendar 2/10/14. It is common practice for dog breeders and sportsmen to meet at mutually convenient locations in order to buy or sell a dog. HB 2302 would make this illegal. Now that the APHIS pet rule demands sales for most breeders be transacted in person, it is more important than ever to stop bills that place prohibitions on where sales can take place.   

Contact info for Arizona House Members: http://tinyurl.com/y746ffv

ILLINOIS

HB 4188 Animal Abuse Registry. Sponsor Maria Antonia Berrios (D-39) creates the Animal Abuse Registry Fund; amends the Humane Care for Animals Act. Provides that the Department of Agriculture shall create and maintain an animal abuse registry. Failure to register is a Class B misdemeanor for a first offense and a Class 4 felony for a subsequent violation. Prohibits a registered person from owning a companion animal or being employed at an animal shelter, pound, pet shop, zoo, or other business where companion animals are present. See SAOVA page opposing Animal Abuser Registry Campaign http://saova.org/ALDF_AbuserRegistry.html 

Animal abuse cases comprise less than 1% of all convictions in the State of Illinois. At this time, the small percentage of convictions does not warrant the large expenditure of funds required to set up and maintain a registry.  See SAOVA’s opposition letter http://tinyurl.com/q4lp27n

HEARING SCHEDULED. Agriculture & Conservation Committee Feb 18 2014 2:00PM Stratton Building Room D-1 Springfield, IL. 

Call committee members and OPPOSE the registry.

Patrick J. Verschoore (217) 782-5970

Jerry F. Costello, II  (217) 782-1018

Donald L. Moffitt  (217) 782-8032

Kelly Burke  (217) 782-0515

John D. Cavaletto  (217) 782-0066

Katherine Cloonen  (217) 782-5981

Marcus C. Evans, Jr.  (217) 782-8272

Brad E. Halbrook  (217) 558-1040

Josh Harms  (217) 558-1039

Stephanie A. Kifowit  (217) 782-8028

Frank J. Mautino  (217) 782-0140

Charles E. Meier  (217) 782-6401

Christian L. Mitchell  (217) 782-2023

Raymond Poe  (217) 782-0044

Wayne Rosenthal  (217) 782-8071

Sue Scherer  (217) 524-0353

Brian W. Stewart  (217) 782-8186

VIRGINIA

SB42 Penning of fox or coyote; penalty. Summary as passed by Senate: Makes it a Class 1 misdemeanor for any person to erect or maintain an enclosure for the purpose of pursuing, hunting, or killing or attempting to pursue, hunt, or kill a fox or coyote with dogs. The bill exempts from the prohibition any enclosure operated by a person holding a permit initially issued prior to January 1, 2014. The bill has been assigned to House Subcommittee on Natural Resources http://tinyurl.com/mmh8eg9

There are nearly 40 pens in rural parts of Virginia. Penning is NOT a blood sport as HSUS claims; the pens are a good way to train dogs while keeping them out of roads and off property of others.  Sportsmen should continue to oppose SB42.

WEST VIRGINIA

HB 4218 Permitting counties to adopt certain ordinances relating to dogs and cats; introduced and referred to House Political Subdivisions 01/17/14.  Sponsor Rep. Marty Gearheart (R-27); Cosponsors  Shott, Ellington, Border, Sponaugle, Fleischauer, Manypenny, Evans, A., Westfall, Campbell, Romine. Bill summary: the Legislature finds that it may be in the best interest of the public to protect the health and safety of the individuals as well as the health and safety of animals owned by residents of a county by reducing the number of dogs and cats that are stray or abandoned. HB 4218 confers authority to counties to enact ordinances requiring various restraints and control of dogs owned or in the custody and control of persons in the county. The bill allows county commissions to adopt an ordinance upon approval by referendum.

An ordinance may:

Prohibit persons from keeping a dog on a leash and tied to the ground or structure;

Prohibit persons from confining a dog to a pen, run or cage or leave a dog in a vehicle without adequate protection;

Prohibit persons from leaving a dog confined without providing adequate food or water to safely sustain the dog at all times.

Limit the number of animals owned that are not spayed or neutered;
Provide penalties for violations and authorize humane officers to take possession of any dog or cat that is not properly spayed or neutered or adequately restrained or controlled as required by the ordinance.

HB 4218 is a roadmap for bad local legislation and ownership restrictions.  Contact information for House Political Subdivisions Committee: http://tinyurl.com/mchketq

  

Legislation Briefs and APHIS Rule Update October 14, 2013

SAOVA Friends,

Since APHIS announced the Final Retail Pet Store Rule a number of commentaries have surfaced as groups and individuals attempt to interpret this rule and provide guidance. The overarching intent of the revision is to regulate sight unseen sales which APHIS claims have dramatically increased as a result of growing internet usage. APHIS has determined that their mission to enforce regulation of listed animal species under the Animal Welfare Act (AWA) now includes those sold in retail as well as commercial markets.

The revised language as set in the APHIS rule now has the force and effect of law. Anything else stated by APHIS staff in response to questions should only be considered as an explanation of pending policy. These policies are not only open to interpretation by individual inspectors, but can be modified by the agency at any time.

Part 3 of the AWA details the Standards of Care for housing, facilities, exercise, cleaning, sanitization, and housekeeping required under USDA/APHIS regulation. Standards will not be revised for home-based retail sellers as APHIS cannot privilege newly licensed breeders over currently licensed breeders. The Final Rule notes: “Several of these commenters suggested that we amend part 3 in the final rule to establish alternate, performance-based standards for dog and cat fanciers and other small-scale residential breeders. We are making no changes in response to these comments. The comments were predicated on an assumption that it will be cost-prohibitive for most residential breeders who are regulated as a result of this rule to meet the standards in part 3; we do not consider that to be the case. (Page 63 of 91)

Below is a short list of noteworthy statements from the Final Rule Discussion of Comments regarding who APHIS intends to license. Access this document at http://www.saova.org/APHIS_rulemaking.html

1. We consider private rescues and shelters that perform any of the activities listed in the definition of dealer, including transporting or offering animals for compensation, to be dealers. We consider acts of compensation to include any remuneration for the animal, regardless of whether it is for profit or not for profit. Remuneration thus includes, but is not limited to, sales, adoption fees, and donations. (Page 13 of 91)

2. If an individual is selling animals at retail for breeding purposes, that individual is not a dealer. We do, however, share the concern that claiming breeding purposes as the purpose for an animal’s retail sale could be subject to abuse. Therefore, if we were to receive word that individuals making such claims are, in fact, marketing their animals as pets, we would consider this to be grounds for initiating an investigation to resolve the matter. (Page 15 of 91)

3. Those who own more than four breeding females and wish to continue selling the offspring as pets, sight unseen, can do so by obtaining a license and allowing APHIS inspectors to inspect their facility. (Page 24 of 91)

4. As is the case with commercial pet retailers, representatives of rescue groups also must be physically present at a place of business so that potential buyers/adoptees can personally observe their animals before purchasing and/or taking custody of them. (Page 35 of 91)

5. In instances where there is some question about the method of sale, APHIS will conduct an investigation and determine whether a sight unseen sale has occurred. (Page 36 of 91)

6. APHIS investigates all credible reports we receive of unlicensed activities involving sales of covered pets. (Page 39 of 91) Note: APHIS stated in a conference call hosted by AKC that complaints of noncompliance will be accepted by email and through their web site and can be anonymous.

7. Farm animals intended for use as food, fiber, or other purposes specified under the definition of farm animal in § 1.1 are exempt from regulation, regardless of whether those animals are sold face-to-face or sight unseen. Farm animals sold specifically as pets in face-to-face transactions are also exempt from licensing. (Page 41 of 91)

8. If sellers of such [working] dogs also sell dogs at retail for pets, any female dogs bred to produce puppies for sale would be counted as breeding females. (Page 57 of 91)

The commentary contains considerable discussion of Breeding Females and Offspring as the final rule exempts anyone who maintains a total of four or fewer breeding female dogs, cats, and/or small exotic or wild mammals, and who sells only the offspring of these dogs, cats, and/or small exotic or wild mammals, which were born and raised on his or her premises. It is important to note that the word “maintains” includes any breeding female even temporarily residing at that premise, and that the exemption refers to the aggregate number of females on premise regardless of species. It is ultimately an APHIS inspector’s responsibility to decide whether an animal is a breeding female and, generally, APHIS assumes that any female capable of breeding may be bred.

When the rule was proposed in 2012 there was uncertainty regarding its effect on sales of farm animals because the definition of retail pet store names domestic farm animals in the list of covered animals. We were told by APHIS personnel this was not an issue as farm animals were excluded from AWA regulation by definition. However, the Final Rule Discussion of Comments raises this concern once again. APHIS acknowledges that farm animals intended for use as food, fiber, or other purposes specified under the definition of farm animal in § 1.1 are exempt from regulation, then adds “Farm animals intended to be used as pets, for biomedical research, or other nonagricultural research are regulated under the AWA. APHIS further stipulates (Page 41) “Farm animals sold specifically as pets in face-to-face transactions are also exempt from licensing.” Does this provision imply that shipping a “farm animal” as a pet requires a license?

APHIS repeatedly states they will determine who requires a license on a case by case basis. We would strongly advise having an attorney assist you in any dealings with APHIS regarding these decisions.

Thanks for reading. Cross posting is encouraged.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators
saova@earthlink.net

UKC COMMENTARY ON NEW USDA RULES
Posted by Sara Chisnell, UKC Legal Counsel under Your Dog, Your Rights

By now, most of you have heard that some changes have been made to the Animal Welfare Act (AWA) that affect dog breeders, but there has been a lot of confusion on exactly how these changes work. I will attempt to clarify and simplify, to the best of my knowledge, but many of the definitions and applications remain unclear.

First of all, what is the AWA? In a nutshell, the AWA was originally created in order to oversee the humane treatment of animals used in research, and was later expanded to include transporting and dealing animals, as well. The law delineates who must be licensed and subsequently adhere to regulations and standards. Dog breeders who sell pets only at retail, and “retail pet stores”, are exempted from the AWA. The changes to the AWA revise and narrow the definition of “retail pet stores”.

The AWA regulates and requires dealers to be licensed and inspected. A “dealer” is defined as “any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum or other parts) for research, teaching, testing, experimentation, exhibition, or for use as a pet, or any dog at the wholesale level for hunting, security or breeding purposes.” “Retail pet stores” or anyone who sells dogs at retail for “hunting, breeding or security purposes” are exempt from licensing.

Who will be affected by this definition change? It might not be as sweeping and over-inclusive as it first appeared. Basically, the dog breeders it will affect will be those who sell dogs sight unseen, have more than four (4) “breeding females”, and sell dogs as pets. Sounds simple, right? Not so much. Read commentary at link: http://tinyurl.com/mlwqwxj

USDA ORDERS FOSTER FOODS TO CLEAN-UP PLANTS
Foster Farms in California was told to clean-up or shut down after three of their California plants were linked to a salmonella outbreak. This week Foster Farms issued a press release stating plants would stay open. “USDA Food Safety and Inspection Service (FSIS) today reviewed Foster Farms’ safety plan for its three California facilities in Livingston and Fresno. This follows Foster Farms’ implementation of several new food safety controls over the last two months and the company’s commitment to install added processes during an enhanced inspection period over the next 90 days.”

The CDC reported in July of 2013 that testing of samples traced back to two Foster Farms slaughter establishments. The CDC also reported that some of the salmonella strains detected were showing resistance to antibiotics. The L.A. Times reported a statement by John Glisson, director of research for the U.S. Poultry & Egg Assn., defending the use of antibiotics in agriculture. Glisson stressed that salmonella was a formidable challenge to the poultry industry. The bacteria grows in animals' intestinal tracts and is spread through feces. It can contaminate a chicken farm through water, feed, birds and rodents. When infected chicken waste dries, salmonella can spread through dust.

Foster Farms was the first major broiler chicken producer in the nation to carry the American Humane Association seal, ensuring consumers that its farms meet the nonprofit's animal welfare guidelines for raising poultry. Sources: CDC , Foster Farms, LA Times, SF Gate

HSUS SEEKS REGULATION CHANGE IN KANSAS
Proposed changes to the Kansas Pet Animal Act (KPAA) are being considered by a House-Senate committee which will forward its recommendations to the full Legislature when the 2014 session starts in January. HSUS state director, Midge Grinstead, called for more inspections of breeders to make sure that animal housing standards are being met. Advocates claim current regulations are inadequate to ensure animals in crowded conditions have adequate water, are subject to proper temperatures, and given enough room to move around. Several committee members said they did not see the need to regulate "hobby" breeders or animal training businesses. HSUS included 11 Kansas breeders in their Horrible Hundred list — the third highest of the 20 states in the study.

MASSACHUSETTS PAWS ACT
New legislation filed by Minority Leader Bruce Tarr of Gloucester titled An Act Protecting Animal Welfare and Safety (PAWS Act) would raise animal cruelty fines and penalties. Second or subsequent offenses would have increased penalties from 5 to 10 years in state prison and fines up to $20,000. The legislation would create an anonymous animal abuse tip hotline and impose a fine of up to $1,000 on any veterinarian who fails to report a suspected act of cruelty to an animal. A statewide registry of individuals convicted of animal abuse crimes would be established, and all animal shelters, pet stores or animal breeders would be required to check the registry prior to offering, selling, delivering, or giving an animal to any individual.

PENNSYLVANIA SB1126 MOVES DOG LAW TO HEALTH DEPARTMENT
Introduced October 10, 2013 by Senators Dinniman, Alloway, Erickson, Vogel and Greenleaf, SB1126 amends the Dog Law by moving responsibility from the Department of Agriculture to the Department of Health. The Department of Health would carry out all the administrative and oversight tasks currently required by the Dog Law, including the regulation of dog kennels; the collection of complaints and tips alleging violations of the Dog Law; the seizure of dogs from illegal, unlicensed kennels; and the collection of dog-license, kennel and out-of-state-dealers fees. Senators Dinniman (D, Chester) and Alloway (R, Franklin) state with Dog Law enforcement in the Department of Agriculture, dogs are treated as any other agricultural product and moving them under the responsibility of the Department of Health correctly changes the focus to health, welfare and safety. Senators Dinniman and Alloway plan to unveil a package of bills October 22 with a public dog rally at the Capitol.

COBB COUNTY GA ANIMAL ABUSE UNIT
Cobb District Attorney Vic Reynolds names Sherwin Figueroa and Theresa Schiefer, who both joined the District Attorney’s Office earlier this year, as part of a new Animal Abuse Unit. His office prosecuted five felony aggravated cruelty to animal cases in 2011 and 2012 and, so far in 2013, there have been two cases indicted. Misdemeanor animal cases are prosecuted by the Solicitor General’s Office. Figueroa is an advocate of animal protection and serves as the vice president of the State Bar of Georgia’s Animal Law Section. Source: Marietta Daily Journal

Legislation Briefs June 5, 2013

Dear SAOVA Friends,

The IRS scandal continues to unfold in Washington with Congressional hearings underway and now investigation by the FBI into IRS actions and targeting of certain nonprofits. Discovery that the Director of the IRS division implicated in using the improper targeting, Lois Lerner, is an active member of HSUS raised questions whether she used her position to run interference for HSUS.

Rep. Blaine Luetkemeyer (R-MO) wrote a letter to Lerner the year before asking that HSUS’s political spending be scrutinized. Lerner took no action. In response, Rep. Luetkemeyer wrote another letter to the Treasury Secretary and the Inspector General for Tax Administration renewing his call for an investigation of HSUS.

In his weekly column, Luetkemeyer writes, “Three years ago, a number of constituents brought to my attention their concerns that the Humane Society of the United States (HSUS) was involved in political and lobbying activities that were in direct violation of its 501(c)3 tax-except status that prohibits such activities. To be clear, HSUS is not affiliated with your local animal shelter. In fact, only 1 percent of the money HSUS raises makes its way to animal shelters at all. Instead, it spends millions of dollars on lobbying, ballot initiatives, and other political activities.  For three years, and after providing the Internal Revenue Service (IRS) with more than 3,000 pages of documents exposing HSUS’ activities and calling for an investigation, the agency told me they could not discuss ongoing investigations and were also unable to confirm or deny whether or not an investigation was underway.”

Luetkemeyer continues, “This is the worst kind of government abuse that I have ever encountered in my more than two decades in public service and I am determined to get to the bottom of things on behalf of those folks who came to me three years ago with these allegations.”  http://luetkemeyer.house.gov

Please write to your own Congressman and ask why the IRS has ignored the repeated requests of Congressman Luetkemeyer to act upon the allegations that the HSUS was involved in political and lobbying activities that were in direct violation of its 501(c)3 tax-except status that prohibits such activities. A thorough investigation is needed to resolve this issue and to restore the faith and trust in our government.

The world not only belongs to those who show up, it's controlled by the best informed and most motivated.  Thanks for reading.

Cross posting is encouraged.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators
saova@earthlink.net

CENTER FOR ANIMAL LAW STUDIES (CALS)
CALS announced as part of its summer 2013 program a two credit course, Animal Law: Policy Influences through Legislation, Lobbying, Litigation taught by Nancy Perry, National Center for Animal Law Board Member.  Perry is also the VP of Government Affairs at HSUS. She oversees federal and state legislative campaigns, litigation, regulatory affairs, and grassroots activities. Previously, as the grassroots coordinator, she spearheaded state animal protection ballot initiatives and coordinated litigation strategies.   The class will be held at the ASPCA offices in Washington DC.   The course will survey the legislative and regulatory process for contemporary issues, and the role of lobbying and litigation as tactics to protect animals at the local, state, and national level. The course will address a wide variety of topics: legislative drafting; lobbying strategies; federal, state and local legislative approaches; application and enforcement of federal statutes such as the Animal Welfare Act, the Humane Slaughter Act, the Horse Protection Act, the Endangered Species Act, the Marine Mammal Protection Act, the Migratory Bird Treaty Act, and the Wild Horses and Burros Act;  state laws and citizen initiatives concerning anti-cruelty, hunting, trapping, animal fighting, performing animals, and farm animals; consumer protection actions. The goal of this course is to expose students to the daily forums, procedures and unique challenges for animal law practitioners in the nation’s capital, to reinforce critical concepts for informed advocacy and give students hands on experience to prepare them to engage in the political, legislative and litigation work for animals.

2012 HUMANE LEGISLATOR OF THE YEAR
May, 2013.  Former US Senator Scott Brown (R-MA) took top honors from HSUS/HSLF as the 2012 Humane Legislator of the Year.  Brown was honored for:

• Co-leading efforts to remove a polar bear trophy import provision from the Sportsmen's Act of 2012 which would have allowed importation of polar bear trophies taken in Canadian sport hunts before the polar bear was listed on the Endangered Species Act;
• Original cosponsorship of the Egg Products Inspection Act to set federal government regulated standards for housing and raising egg-laying hens;
• Cosponsorship of the American Horse Slaughter Prevention Act to ban the slaughter of horses for human consumption;
• Cosponsoring the PUPS Act, S. 707, to license and federally regulate retail sellers of dogs;
• And for sending a letter to USDA urging the agency to expedite its Proposed Retail Pet Sellers Rule.

In February Fox News Channel hired Brown as a contributor, stating that Brown’s dedication to out-of-the box thinking on key issues made him an important voice in the country.

2014 BALLOT MEASURES
Arkansas Ballot Measure Signature Requirements Amendment would require ballot issue groups to collect at least 75% of the valid signatures required in order to receive additional time to gather extra signatures once the petition has been turned in to the Secretary of State.

Michigan Wolf Hunting Referendum would overturn Public Act 520, a law that allows the state to establish wolf hunting seasons in the Upper Peninsula.  On May 8 Governor Rick Snyder signed into law SB 288 which gives the Natural Resource Commission the authority to declare game animals and establish seasons without the need for action by the legislature. The law essentially renders the 2014 ballot referendum meaningless.

Missouri Right-to-Farm Amendment would add a section to the state constitution that explicitly guarantees farmers and ranchers the right to engage in their livelihoods and produce food for others.

OHIO EXOTIC ANIMAL OWNERS APPEAL
COLUMBUS, Ohio (AP) — Some owners of exotic animals say a new Ohio law is onerous and infringes on their constitutional rights, and they've asked a federal appeals court to strike it down. Under the new law, owners who want to keep their animals must obtain new state-issued permits by Jan. 1, 2014. They must pass background checks, pay fees, obtain liability insurance or surety bonds and show inspectors they can properly contain the animals and care for them. The law exempts sanctuaries, research institutions and facilities accredited by the two national zoo groups. Attorney Robert Owens says in the brief filed with the 6th U.S. District Court of Appeals in Cincinnati that the only way for his clients to qualify for an exemption under the law is for them to join either the Association of Zoos and Aquariums or the Zoological Association of America — groups he says are at odds with his clients.

JASON SMITH WINS MISSOURI SPECIAL ELECTION
State Rep. Jason Smith (R) easily won Missouri’s heavily conservative 8th district special election yesterday.  Smith, the state House speaker pro tem replaces Jo Ann Emerson who resigned earlier this year to work in the private sector.  Smith, age 32, will become one of the youngest members of Congress.  In 2009 Smith received a Legislative Leader Award from SAOVA.