California ~ Voucher Program & USDA Ordinances
Wednesday, 08-Nov-00 14:57:54

UPDATE: SANTA CLARA DATES, USDA
November 6, 2000 (Last publication date 11/3/00)

ELECTION DAY: Don't forget to vote tomorrow! The Animal Council is exempt
under Internal Revenue Code Section 501(c)(4) and could not endorse
candidates even if it wished to do so, but we urge our readers to make
informed choices and take opportunities to become acquainted with
candidates and elected officials. Animal rights activists in California do
have a political action committee and a glance at
their recommendations shows some of the familiar names we've dealt with in
California legislation whom we generally - but not universally - found
adverse to our animal interests. BE INFORMED AND VOTE!

SANTA CLARA COUNTY, CALIFORNIA: Following up on our November 3 report
about anticipated presentations to city councils of the ordinances and
voucher program, there are now 2 scheduled dates: Los Gatos on November 20
and Milpitas on December 19. The Los Gatos town attorney has approved the
concepts of the provisions, but there is concern about the Fancier Permit.
The existing Los Gatos limit law is 2 dogs and 3 cats with no more than 1
unaltered dog and cat and no more than 1 litter per year of dogs or cats.
Milpitas already has implemented the voucher program and has a limit law of
total 4 with a permit for rescue groups of up to 7, so the Milpitas
presentation will only address the multiple impounds, increased fines for
unsterilized strays and the diversion program.

Dates have yet to be set for San Jose, Santa Clara, Cupertino, Campbell,
Saratoga, Sunnyvale, Palo Alto, Mountain View, Morgan Hill, Gilroy and the
County.
*****

UDDA: In our August 8 and 16th, Updates, we reported proposed rule changes
affecting federally licensed breeders and dealers published by the USDA,
Animal and Plant Health Inspection Service (APHIS) that do not affect the
current exemption of direct sale dog and cat breeders (still disputed by
the Doris Day Animal League et. al. and currently the subject of litigation
against the USDA.) In response to public request, the comment period has
been extended an extra 30 days until November 20, 2000 on this Docket No.
97-121-1. While comments on behalf of fanciers have not been deemed
necessary, there are points and information worth noting. This proposed
rule would make a number of changes to clarify the regulations, correct
deficiencies found in enforcing the regulations, amend a number of
administrative procedures to make them more efficient and require
certification at the time of purchase or acquisition of certain animals.

· A common claim of activists is that millions of pets are stolen and/or
appropriated for medical research each year, so it is worthwhile to know
how many dogs and cats actually are used in research. APHIS, in complying
with administrative law requirements for the rulemaking process, noted this
background information: "In fiscal year 1997, a total of 75,429 dogs and
26,091 cats from all sources were used in registered research facilities.
According to the National Association for Biomedical Research, less than
one-half of these dogs and cats were random source. Dogs and cats supplied
by individuals exempt from licensing are random source and are supplied to
research almost exclusively through Class B dealers. In fiscal year 1997,
Class B dealers supplied approximately 36 percent of random source dogs and
23 percent of random source cats used in research. Class B dealers
obtained approximately one-third of their animals from exempt sources."
The "exempt sources" referred to are "In fiscal year 1997, persons exempt
from licensing because they sold fewer than 25 dogs and/or cats for
research, teaching, or testing purposes, or to any research facility,
provided an estimated 4,524 dogs and 1,202 cats to the research, testing,
and teaching industries. These exempt persons received an average of $50
for a dog and $25 for a cat."

· Inspections are an issue we frequently encounter at all levels of
legislation and regulation, including the proposed fancier permit noted
above in Santa Clara County. APHIS, of course, inspects its licensed
facilities and notes: "APHIS officials have encountered occasions when a
licensee was not present or available upon their arrival. In a few of these
cases, an adolescent was the only individual present to provide access to
the premises. However, during an inspection, APHIS officials must be able
to ask questions and advise licensees of existing deficiencies and
corrective measures that must be completed to come into compliance with the
regulations and standards. APHIS officials must be able to convey this
information to a responsible adult. Therefore, we are proposing to revise
paragraph (b) in Sec. 2.126 to add a provision that a responsible adult
shall be made available to accompany the officials during the inspection
process." The facilities licensed by APHIS typically are commercially
viable businesses even if a secondary source of family income, but in
instances where state and local laws provide for unnoticed "inspection" of
non-commercial, hobby activities in homes, the presence of a responsible
adult is also an issue that is seldom addressed.

For access to recently published APHIS rules and notices
http://www.aphis.usda.gov/ppd/rad/webrepor

*****
*a service of THE ANIMAL COUNCIL, P.O. BOX 168, MILLBRAE CA 94030
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The Los Angeles Department of Animal Services Gears up to Break the Constition
Thursday, 28-Sep-00 14:37:57

TURN IN YOUR NEIGHBORHOOD BREEDER

Fanciers:

CFA, AKC, all other pedigree dog and cat registries, breed clubs and
affiliated organizations and individual breeders - this effects all of us.

I attended todays Los Angeles's Department of Animal Services
commissioners
meeting and this is something that effects all of us, in Los Angeles,
California, Oregon, New Jersey, everywhere.

The first and most telling comments made were "The country is watching
what
happens in Los Angeles and we must set an example of what can be
accomplished and pave the way for Humane Groups through out the
country". It is the intent of the Department of Animal Services, the
rescue groups and the Animal Rights (AR) Activists to eradicate breeding
in
Los Angeles and to show how it is done. First understand that there is no
longer a line that separates the department, rescue groups and the AR
activists, they essentially speak with one voice and have one goal. All
three groups are now flush with vast amounts of money and they are
planning
on using it.

Todays meeting was regarding how to implement and publicize the breeders
ordinance. Here are a list of the things they are planning on doing.

1. The department will be canvassing the city regarding dog licensing and
breeder licensing and the canvas workers are to report evidence of
breeders etc.

2. The humane and AR groups will be covering the city looking for
breeders
and reporting them. There will be an exclusive fax line and all these
groups will have to do is fax an address and the breeders task force will
go into action.

3. The breeder task force (breeder hunters) will be checking newspapers
and possible other publications for ads for kittens and puppies and
calling
on these ads. They are now working with the city attorney's office
regarding procedures to avoid charges of entrapment.

4. The department has changed their policy regarding the acceptance
of anonymous tips. In the past, it was against department policy to act
on anonymous tips; they have changed this in the hopes of encouraging
NEIGHBORS TO TURN IN THEIR NEIGHBORS AND THEY HOPE TO GET "BREEDERS TO
TURN
IN BREEDERS". This is a direct quote made to me by a department
management
member. There will be at least one breeder task force member at every
shelter in the city, whose job it is to receive these anonymous tips.

5. They plan on spreading the word about the ordinance in city wide
mailings, radio announcements and TV spots. I feel certain that in all
their publicity campaigns, they will include some message about anonymous
tips.

The Los Angeles Department of Animal Services budget has almost tripled in
three years, they have gone from $7 million in 1998 to $18 million in
2001,
with a much larger budget planned for 2002. With a very large and growing
Animal Services staff and hundreds of AR activists working hand in hand
with the department; there will be a very real threat to the very
existence
of the hobby breeders in just a few years.

If all those involved in the breeding and showing of pedigree dogs and
cats, don't become aware of this threat to our hobby and start getting
involved at the community level; the dog and cat fancy will become topics
for the history books.

I think they were right at todays Animal Services meeting: "The country is
watching what happens in Los Angeles and we must set an example of what
can
be accomplished" ! Let that example be SET BY US!

Charles Ober
Dlux Edition Persians