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DORIS DAY ANIMAL LEAGUE WINS SUIT MANDATING THAT THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) REGULATE "PUPPY MILLS"

PLAINTIFFS CHARGED THAT USDA’S ACTIONS ALLOW IRRESPONSIBLE DOG BREEDERS TO CAUSE ILLNESS, INJURY AND DEATH TO TENS OF THOUSANDS OF PUPPIES AND TO SPREAD NUMEROUS ANIMAL DISEASES

WASHINGTON D.C., Aug. 8, 2000 -- The Doris Day Animal League (DDAL) and several other animal protection organizations and concerned citizens won their suit against the USDA in the United States District Court, District of Columbia.

The suit charged USDA with failing to halt cruel and inhumane practices in "puppy mills" throughout the United States. The plaintiffs challenged USDA’s illegal actions in exempting all commercial retail dealers, including puppy mills, from compliance with the humane treatment standards mandated under the Animal Welfare Act (AWA). The suit detailed how the agency’s violations of the AWA have led to the injury, illness, and death of untold thousands of puppies and other pets.

Each year American consumers purchase countless numbers of puppies through unregulated dealers who sell animals from their own premises. Numerous investigative reports have detailed the horrendous and inhumane conditions in many of these unregulated facilities. Thirty-five years ago, Congress passed the AWA, in part to ensure that dog breeders provide humane treatment to animals in their care. Requirements include adequate housing, ample food and water, reasonable handling, basic disease prevention, decent sanitation and sufficient ventilation. Despite these statutory requirements, the USDA has consistently violated the Animal Welfare Act by exempting all commercial retail dealers from compliance with these basic requirements, including dealers of hunting, breeding, and security dogs.

The Court ruled for the plaintiffs based upon the merits of the case. Agreeing with the plaintiffs, the Court explained that USDA’s exclusion of all retail dealers who sell dogs and cats from their own premises is in violation of Congress’ express intent under the AWA. As a result of this decision, USDA is now responsible for issuing new regulations to regulate commercial retail dealers who raise and sell dogs and cats for use as pets from their own premises. USDA will also have to determine whether to finalize its proposed rule/policy excluding retail dealers of hunting, breeding, and security dogs from the AWA in light of this decision and the overwhelming comments submitted against it.

Doris Day stated, "It has been a long struggle to get the most basic care for the dogs, and we’re heartened that the courts made the humane ruling. It’s time for all dogs used in the breeding industry to be afforded basic care."

DDAL Executive Director, Holly Hazard, commenting on the decision, stated, "For several years we’ve contended that USDA has simply ignored the explicit language in the Animal Welfare Act providing for minimum protection for these animals. It’s time the agency expedited a proposed ruling to give coverage to all breeders of puppies the Congress intended the USDA to regulate. We look forward to fast action by the agency to come into compliance with the Federal court’s decision."