CFA Board of Directors Meeting
February 2003
Last Updated: January 31 2003
CFA Legislative Committee News - February 2003
January 14, 2003 - DDAL Suit against the USDA - Victory:
Hobby breeders selling dogs and cats from their homes will NOT be regulated by the USDA !!
A panel of three judges for the United States Court of Appeals, District of Columbia, unanimously delivered an opinion on January 14, 2003 that reversed the lower court's decision that had ruled in favor of the Doris Day Animal League arguments. There are several possible next steps.
- DDAL could ask for an en banc review of the decision by the entire federal Court of Appeals. This is rarely granted and usually only when there has been a split decision of the panel.
- DDAL could try to propose legislation that would open up the AWA and include a new definition of "retail pet store" so that it does not provide an exemption for those who sell cats and dogs from their homes. Their chances of winning are poor.
- It is more likely that animal activists will push for regulation/licensing/inspection of hobby breeders on the state level and in local ordinances.
The published Court Opinion stated that "those who sell from their homes, are already subject to a degree of self-regulation and oversight by persons who purchase animals from the retailer's homes, as well as by breed and registry organizations." It also stated that "retail outlets are not unregulated. There are already many State and local laws and ordinances in place to monitor and respond to allegations of inhumane treatment of and inadequate housing for animals owned by private retail dealers."
Proposed Rulemaking on "Reports by Carriers on Incidents Involving Animals During Air Transport" - deadline was December 27, 2002.
Many cat fanciers took time in the midst of the holiday season to write letters in opposition to the proposed Federal Aviation Administration (FAA) regulations for reporting on loss, injury or death of animals during air transport. The issues are complex and critical in our ongoing efforts to keep air travel safe for cats and yet affordable. One of our fears is that airlines may stop carrying animals rather than face overly burdensome requirements and liability.
CFA objected to
a. the broad definition of "animal" and asked for only cats and dogs to be included in the reporting requirements as with the original Act;
b. several confusing terms;
c. the word "guardian";
d. inadequate explanation of how airlines would determine what constitutes an "injury" or how the cause of death can be determined without proper assessment prior to shipping;
e. the period for airlines to investigate and file reports as too short;
f. the identification of owner as being an unnecessary intrusion of privacy when the purpose is for data on incidents.
Advocating for the rules were the ASPCA and the Doris Day Animal League, which submitted comments also on behalf of the American Humane Association, Animal Protection Institute, The Fund for Animals, Massachusetts SPCA and several other organizations. HSUS submitted comments in favor of the rulemaking but asking for further expansion. All of these groups urged a broader reporting system to cover incidents involving any animals shipped, not just those considered household pets.
Over 3700 comments were received by the DOT by the December 27 deadline. The new online submission system has revolutionized the federal rulemaking comment procedure. It is not only easy to send comments, but it is now possible to read letters from the other organizations and individuals online.
Extensive comments and suggestions for alternate language came from the Air Transport Association of America. The Report from the American Veterinary Medical Association Animal Air Transportation Study Group made specific recommendations to reduce problems and address training practices. The complex matter of assuring safe air transport, reporting and training procedures will likely be revisited and extensively argued during 2003.
STATE AND LOCAL HIGHLIGHTS
Over 150 new bills have been introduced around the country so far in January. We are in the process of reviewing these and building cat fancy email lists in states that will need critical attention in 2003. Connecticut has proposed a breeding license with inspections for those with 10 or more intact cats. Virginia has two new bills to rectify the home rescue law passed last year that has negatively impacted cat and dog rescuers.
CALIFORNIA
"Guardian" word proposals
The In Defense of Animals campaign to end pet ownership property rights, continues to be a major challenge. The San Francisco Board of Supervisors passed on January 13 an ordinance to add the word "guardian" to all animal codes, and the mayor allowed it to become law without his signature.
CFA presented statements, worked behind the scenes and mobilized grass roots opposition to the "pet guardian" concept in Los Angeles, where the proposal now seems to be dead.
In our view the ideology represented by this word is a dangerous precursor to the goal of stopping all breeding, selling or buying, not only of cats and dogs, but of all animals including farm animals. We prefer to prevent the movement from gaining momentum and moving throughout California and to other parts of the Country. This year will be crucial in our efforts to gain support from more organizations and to reach the general public.
Ban on declawing of cats
West Hollywood, CA, on January 21, 2003 passed a motion requesting the city attorney to look into the legality of an ordinance to ban declawing of cats. West Hollywood was the first to pass a "guardian" law and the sponsor considers the declaw ban to be an extension of this philosophy.
Bill Dyer of In Defense of Animals (IDA) proposed at the January 27, 2003 Los Angeles Animal Welfare Commission meeting that a ban on declawing of cats be recommended to the City Council because he said it would be the first step toward implementing the "guardian" concept.
Even though cat fanciers overwhelmingly oppose declaw surgery of cats they believe it is preferable to offer education on alternatives. CFA objects to a law that would ban this or other veterinary procedures legally allowed by the state that are properly executed using modern pain management techniques. We recognize that there can be valid reasons for declawing, especially if a cat is at risk of relinquishment or abandonment. While CFA has a formal statement opposing declaw and tendonectomy surgery for a variety of reasons, we continue to support maintaining the veterinarian-client relationship and the ability of individual owners to make medical decisions regarding their cats.
FLORIDA
Breeding/rescue ordinance
The CFA Legislative Group works closely with a small core team of dog fanciers, rescuers and cat fanciers in Jacksonville to prevent an onerous draft ordinance from being presented to the City Council. It would classify as a "kennel" anyone who sells more than one litter per year or keeps cats and/or dogs for showing, breeding, buying, selling, boarding or training. It requires inspection for kennels/catteries - unannounced and without a warrant - and imposes strict commercial care standards, i.e. areas "used for human habitation or for the preparation of, or the serving of, food for human consumption" must be "distinctly separate" from all cats and dogs in breeders' or rescuers' homes. Private-home rescuers would be considered "shelters" if they place for adoption more than one litter per year or a yet-to-be-determined number of adults and they must also comply with "kennel" requirements and not be in violation of zoning laws (currently being reviewed). CFA flyers are have been distributed at cat and dog shows, clinics and elsewhere asking for letters to the Mayor and City Attorney.
STATE OF WISCONSIN
"ACT 16" would require all pet dealers, breeders, those operating kennels (boarding, training) and animal shelters to be licensed in the state. Every "dealer" who sells or "offers to sell" at retail, exchanges or offers for adoption 25 mammals as pets per year must be inspected and licensed and must meet the. CFA has a fancier on the State of Wisconsin Pet Facilities Licensing Advisory Council and the AKC is also represented.
STATE OF CONNECTICUT
Just introduced is a State Bill to add cats to an already existing dog law that requires licensing/inspections of breeders who own 10 or more intact animals.
Other activities
HSUS "A Safe Cat is A Happy Cat" campaign
The goal of this national campaign is to convince pet owners to keep their cats indoors or safely confined in outdoor enclosures. To do this means massive awareness efforts and helping people to create feline-friendly homes, hot-lines to deal with potential problems and finding ways to safely satisfy many cats' desires for exposure to the outdoors. The emphasis is on helping cat owners make the voluntary transition to indoor living for their pets. CFA has promoted "indoor-only" environments for many years and CFA clubs or individuals are welcome to participate in the pilot introduction of this campaign headed by the Northwest HSUS Regional office in the Sacramento, California area. The project will be launched in March through media, press conferences, shelter events, sports team involvement, billboards, posters, model homes, buses, conferences, microchip clinics and many other methods to saturate approximately 5 counties with targeted messages.
Grass roots network
Last year we took steps to increase the number of Legislative Network Liaisons who work with the CFA Legislative Group throughout the country. Our success depends on an educated and strong fancier network. There has been a definite increase in fanciers sending us notices through newspaper articles or Internet information of pending legislation. More cat fanciers are now serving on local task forces in several states helping us to have an influence and promote alternatives to legislation.
In 2003 - watch for ordinances proposing cat licensing (which HSUS and others are now calling cat "registration"), limits on the numbers of animals per household, cats-at-large proposals (or "leash laws" for cats), which are detrimental to feral cat programs, changes in zoning, breeder licensing/permit fees, state rabies requirements, "guardian" word proposals in ordinances and declaw bans as a start on legislating veterinary medical decisions.
Submitted by Joan Miller, Chair, CFA Legislative Committee
JMillerArt@aol.com
707-427-1807
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