NEW ANIMAL RIGHTS TREND: Weaponizing Agency Oversight of Breeders
BY SHEILA GOFFE, VICE PRESIDENT, GOVERNMENT RELATIONS, AMERICAN KENNEL CLUB W hen we think about legislation that threatens our breeding programs or our sport, we typically think of issues like extreme and arbitrary breeder regulations, mandatory spay/neuter, or ownership limits. But recent efforts by anti-breeder groups reveal a more subtle trend: legisla- tive efforts to weaponize agency oversight of dog breeders. Two recent efforts shine a light on this trend at the federal level: • A measure to prohibiting USDA Kennel Inspectors from providing expert advice or “teachable moments” to licensed breeders with minor non-compliances to help them improve their operations (FY 2023 Agricultural Appropriations); and • The recent introduction of the Better CARE for Animals Act (HR 5041/S. 2555) in Congress, which among other provisions would significantly expand federal courts jurisdiction to unilaterally prosecute alleged violations of AWA regulations. These examples highlight federal breeder licensing rules that impact breeders through- out the country, but similar efforts are taking place in individual states too. WHAT IS AGENCY OVERSIGHT AND WHY DOES IT MATTER? The federal Animal Welfare Act (AWA) establishes the U.S. Department of Agriculture (USDA) as the federal agency responsible for regulatory oversight of a variety of commer- cial activities related to domestic animals, including the breeding and sale of pet dogs. Cur- rently, breeders who maintain more than four (4) intact female dogs (and/or cat, rabbits, other small mammals etc.) and sell one (1) offspring “sight unseen” are subject to licensing, care requirements, and inspection by the USDA. Individuals who maintain fewer than four (4) intact females are exempt from USDA licensing and regulatory requirements. For more information, see Understanding USDA Breeder Licensing at www.akcgr.org. BACKGROUND: ABOUT THE USDA’S ROLE IN BREEDER OVERSIGHT The USDA has some level of oversight or expertise related to the vast majority of agri- cultural and animal husbandry enterprises in the United States. Historically, the USDA has been charged with advancing American agriculture, including providing programs and outreach to assist farmers and those engaged in animal husbandry. The USDA’s Animal and Plant Health Inspection Service, which is staffed by thousands of animal experts, administers AWA licensing requirements. As part of their mission, which includes improv- ing animal care and welfare, the agency’s experts recognize performance-based animal care standards and provide expertise, training, and certification programs that benefit animals and those who care for them. While many breeders may not care for licensing requirements, few would argue that the USDA, with thousands of veterinarians and animal experts on staff, is not the right agency to oversee animal activities.
84 | SHOWSIGHT MAGAZINE, FEBRUARY 2024
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