Very Good Example of Coercive Legislation
OKLAHOMA CITY, OK
The House Economic Development and Financial Services Committee has set a
hearing for Tuesday (February 10, 2009) on House Bill 1332, sponsored by
Rep. Lee Denney and also known as the “Oklahoma Pet Quality Assurance and
Protection Act.” The 4:30 p.m. hearing is open to the public.
HB 1332 is before the House Economic Development and Financial Services.
Committee. Rep. Denny has cut a deal to circumvent the Agriculture
Committee.
This legislation:
• Prohibits an out of state breeder from transporting dogs into or through
Oklahoma, which would effectively destroy dog shows, field trials and other
canine events in the state. If a hobby breeder were to bring dogs to an
Oklahoma event, the dogs could be confiscated and the owner would face heavy
fines and penalties.
• Gives any animal control officer, peace officer or animal cruelty
investigator unrestricted access to a kennel owner’s home, facilities,
animals, records and property. The bill denies kennel owners constitutional
right of protection from unreasonable searches and seizures, as no warrants
are required.
• Effectively prohibits any Oklahoma resident from buying a puppy or dog
from another state, as the breeder would have to be licensed in Oklahoma.
• Requires every breeder, rescue organization, animal shelter and pet store
to be state licensed – not just dealers or commercial kennels – if they
sell, give away or adopt out 25 or more animals a year. This would destroy
many rescue programs.
• Says that a license will not be issued to anyone who has or has ever had a
federal kennel license through the U.S. Department of Agriculture. This
provision will destroy many well-run kennel businesses that meet or exceed
all legal requirements for the care of animals, and result in the owners of
those businesses losing many thousands of dollars that they have invested in
land and facilities, also losing their livelihood. However, all kennels will
be required to follow federal regulations for housing, care and other
management issues.
• Gives the state the authority to implement complete regulations for the
management of all kennels and the care of the dogs, with no provision for
legislative approval or input from dog owners.
• Requires extensive record keeping, and kennel management and medical
practices to be approved by a veterinarian. The legislation changes the
legal status of dog owners to that of guardians, and removes all
decision-making power from the hands of kennel owners. Dogs effectively
become wards of the state under this legislation.
• Denies a license to anyone who is on probation or parole for any offense,
even if they have nothing to do with animals. Licenses also are denied for
anyone who has been found guilty of violating any statute pertaining to
animals, including relatively minor offenses such as leash laws, local
licensing laws and noise ordinances. In addition, purely technical or minor
violations of state kennel regulations would cause mandatory denial.
• Provides fines of up to $2,500 for each violation, while granting the
kennel owner only the right to an administrative appeal. Placing liens
against a kennel owner’s property is authorized to collect fines, penalties
and costs for seizing dogs. Several provisions allow the state to seize,
confiscate and euthanize animals.
HELP PRESERVE OUR RIGHTS!
Please read and inform yourself of what is happening and what we and our pets stand to lose!
Do NOT use the term guardian or guardianship to describe animal ownership....
They are extremist and political groups whose sole mission is total animal liberation. Liberation from human contact in ALL forms. No pets, no livestock, no animal products. Every donation made to these groups on behalf of animals is going to legislation to take away our rights....yours and mine....to own pets of any kind, to eat meat, to drink milk, to eat eggs or cheese. They would further like to see laws passed for no hunting, no fishing, no trapping. I repeat, NO animal/human contact of ANY kind.
Below is a PDF file explaining the Animal Rights Agenda, much of it in their own words.
We Don't Need Coercive Laws
The laws need to be for welfare of the dogs, not limits on pets or breeding practices. The latter 2 are things that deal with education. Seizure should be done only as already warranted by law...only if the animals are in immediate danger and ONLY those who are. We already have good laws in place on care and animal husbandry. What needs to be done is enforcment of them.
Breeding show dogs does not automatically make a person a responsible breeder any more than breeding and selling good quality pets makes someone an irresponsible one. What makes a responsible breeder is caring for your animals, caring about health problems, disposition, and conformation. Conformation is about form to function, no matter what type of animal you breed, and is not about a passing fad of "what I think would look better" if it interferes with normal movement and overall health of an animal.
People who show are only a small percentage of breeders and owners. Most just want healthy family pets to love, live, with and enjoy as companions, regardless of what it is you like to do. The job of a breeder is to help match the right breed and personality with the owner. If you don't feel you have the right breed or temperament within your stock for what a buyer is looking for, you don't sell them one just because they THINK it's what they want, or because you want to make a sale. You try to help point them in the direction of a similar, or another, breed that will be more suitable to their needs. You can't make laws for things like that. Those are things that only education and caring about your breed(s) can accomplish.
Market Watch
PRESS RELEASE
Petland Responds to HSUS Report
Nov. 21, 2008
CHILLICOTHE, Ohio, Nov 21, 2008 (BUSINESS WIRE) -- At Petland, healthy,
happy, well-socialized pets within our care are our number one priority
as they have been for 41 years.
We do not support substandard breeding facilities and we provide each
Petland store with "Humane Care Guidelines," that were developed in
conjunction with the U.S.D.A. to assist with breeder facility
inspections as it pertains to pet selection.
Reports such as those posted on the HSUS web site surface every year
around the holiday season in conjunction with their annual fundraising
efforts. Unfortunately, we were not interviewed or consulted nor were we
a part of any of the editing process. This is sensationalism at its
best. HSUS has a history of publicizing false information in an effort
to raise money. They do not operate a single pet shelter or pet adoption
facility anywhere in the U.S. To the contrary, over the last 10 years,
Petland has adopted out more than 270,000 homeless puppies and kittens
nationwide.
Additional information to understand about HSUS:
1. During 2006, HSUS contributed only 4.2 percent of its budget to
organizations that operate hands-on dog and cat shelters. In reality,
HSUS is a wealthy animal-rights lobbying organization (the largest and
richest) that agitates for the same goals as PETA and other radical groups.
2. HSUS raised money online with the false promise that it would "care
for the dogs in the Michael Vick case." The New York Times later
reported HSUS wasn't caring for Vick's dogs at all. HSUS president Wayne
Pacelle told the Times that his group recommended that government
officials "put down" the dogs rather than try to adopt them out.
3. HSUS senior management team includes a former spokesman for the
Animal Liberation Front (ALF), a criminal group designated as
"terrorists" by the FBI.
4. Less than 12 percent of money raised for HSUS by California
telemarketers actually ends up in HSUS's bank account. The rest is kept
by professional fundraisers.
5. HSUS raised a reported $34 million in the wake of Hurricane Katrina,
supposedly to help reunite lost pets with their owners. Little of that
money was spent for its intended purpose. Public disclosures of the
disposition of the $34 million in Katrina-related donations add up to
less than $7 million.
As reported by Center for Consumer Freedom, http://www.consumerfreedom.com
About Petland
Petland is the retail pet industry leader in the area of animal care
with ongoing staff training programs, in-store animal husbandry systems
and community service programs aimed at placing homeless pets and
promoting the spaying and neutering of pets in the community. At
Petland, our pet counselors are experts at matching the right pet with
the right person. We carry a wide range of pets including mixed breed
and register-able puppies and kittens, tropical fish and birds, reptiles
and small animals. Some of our puppies and kittens come from local
animal shelters, pet rescue groups and from members of the community.
Petland also offers upwards of 6,000 pet supplies. For more information,
visit www.petland.com.
Testimony of Congressman Charles W. Stenholm to the House Committee on Agriculture Subcommittee on Livestock, Dairy, and Poultry
May 8, 2007
Congressman Charles W. Stenholm
Ericksdahl, Texas
Chairman Boswell, Ranking Member Hayes, and Members of the Committee, I appreciate the opportunity to testify here today on behalf of all animal agriculture. There is an old saying that there are two things you should not see being made: laws and sausages. This Committee has the job of making laws about sausages – laws that help animal agriculture in protecting animal welfare.
If you eat or wear clothes, you are affected by agriculture. The industry remains an important part of the United States economy, and according to the U.S. Department of Agriculture (USDA), animal products account for the majority (51 percent) of the value of U.S. agricultural products, exceeding $100 billion per year. As a farmer and rancher, I believe in the significance of the agriculture industry and in the value animal agriculture producers put on the safety and welfare of their livestock.
The Kentucky Derby was this past weekend, and I’m sure many of you watched it. With over 130 years of racing history at Churchill Downs, it is clear that the owners, trainers, and riders of the Derby care about the welfare of their animals. I’m sure many of you went to zoos as a child or will bring your children and grandchildren to one this summer. In fact, more people attend zoos every year than all sporting events combined, and the caregivers at zoos nationwide care about the welfare of their animals. Many of you probably remember the first time you saw the circus and may attend when it comes here. The Ringling Brothers and Barnum & Bailey Center for Elephant Conservation has one of the most successful breeding programs for endangered Asian elephants outside of Southeast Asia. They care about the welfare of their animals. Just like these groups of animal owners, production agriculture has not been given the credit it is due by animal “rights”
activists, and we, too, care about the welfare of our animals. There is one thing that everyone agrees on: all animals should be treated humanely from birth to death.
Background
You will hear testimony today from several livestock producer associations, and they all care about the same thing: ensuring the health and well-being of their animals is their number one priority. The livestock industry has worked hard both from a legislative standpoint and through industry guidelines to improve animal welfare conditions. Animal agriculture constantly works to accept new technologies and science and apply them to the industry, investing millions of dollars every year to ensure the wellness of their livestock. Producers recognize the need to maintain animal welfare regulations for the safety and nutrition of their livestock, for the conservation of the environment, and for the profitability of their operations. But those regulations should be based on sound science from veterinary professionals that best understand animals, working together with legitimate animal use industries.
Many of the livestock groups have quality assurance programs in place. For example, the New Jersey Legislature and Department of Agriculture commissioned Rutgers in 2003 to perform a study on veal calf production, and experts at the land grant university concluded that the Veal Quality Assurance program and the principles behind it were scientifically sound. The poultry industry also continues to work on a united front to maintain a high level of oversight on animal welfare issues that ensures all employees practice the industry guidelines that were adopted. The animal agriculture industry continues to strive to improve animal health and welfare through scientific research, educational outreach, advocacy, legislation, and regulations.
Society of Untruths
While the livestock industry has a long history of supporting animal welfare, many activist groups such as PETA, the Humane Society of the United States (HSUS), and Farm Sanctuary have used falsehoods and scare tactics to push their hidden agendas of fundraising and systematically abolishing all use of animals, including production agriculture, zoos, circuses, and sporting events. These groups campaign for animal “rights,” which is not synonymous with animal welfare, using half-truths or complete deception. For example, according to the American Veterinary Medical Association (AVMA), Farm Sanctuary charged veal farmers in New Jersey of malnutrition practices because of the absence of fiber in their calves’ diets. However, a coalition of dairy farmers, animal nutrition specialists, and dairy extension specialists at Rutgers University testified that it is typical to not give calves fiber because it is not healthy for a calf’s developing digestive
system.
These groups also fail to mention the millions of dollars in fundraising and assets that drive their misguided goals. HSUS has accumulated $113 million in assets; has a budget three times the size of PETA’s; and according to the ActivistCash website, has more than enough funding to finance animal shelters in all fifty states, yet only operates one animal sanctuary, Black Beauty Ranch in Texas, which is at full capacity. According to the Wall Street Journal, two offshoots of HSUS spent $3.4 million on Congressional elections and ballot initiatives, which is more than Exxon Mobil Corp. And there is an ongoing investigation by the Louisiana attorney general to determine if the $30 million in HSUS fundraising during the Hurricane Katrina crisis has been handled appropriately.
These activist groups use the platform of animal “rights” to advocate for regulations so strict that they will put animal agriculture out of business (which is their real goal). A video recently circulated to Members of Congress and a video produced by HSUS make numerous false claims against the livestock industry. For example, the videos suggest that horses are inhumanely transported on double-decker trailers. However, a law exists that has banned the use of double-decker trailers for transporting horses on their way to slaughter, and if a horse does arrive on one of these trailers, the processing facilities will not accept it. In addition, numerous truck drivers invested in new trailers that comply with the law, and animal agriculture stepped up once again to improve animal welfare conditions.
Another example of the misleading rhetoric by animal “rights” activists involves the process of “captive bolt” euthanasia. The previously mentioned videos claim that captive bolt is not humane. However, the 2000 report of the AVMA’s Panel on Euthanasia specifically approves the use of captive bolt as a humane technique of euthanasia for horses. It is also an approved method of euthanasia for pork, cattle, and lamb. The captive bolt method meets specific humane requirements set forth by AVMA's Panel on Euthanasia, USDA and the HSUS Statement on Euthanasia because it results in instantaneous brain death, and it is generally agreed to be the most humane method of euthanasia for livestock.
Watching the end of life for any living creature is not a pleasant experience, even when performed in the most humane manner. However, these groups continue to use human emotion and sensationalism to prey on the public’s sensitivity in order to reach their goal of abolishing animal agriculture.
Protect America’s Farmers and Ranchers
Unfortunately, we all know mistakes happen and laws are broken. I will not try to convince you otherwise. But when these unfortunate incidents occur, appropriate actions should be taken. We should not get in the habit of creating arbitrary, uninformed, and emotionally based regulations on an industry who’s livelihood depends on the health and well-being of its animals. We should not tie the hands of researchers and investors that continually seek improvements in animal welfare practices, and we should not tie the hands of producers who work night and day to ensure the quality of life of their livestock so they can provide this country and others with the most abundant, safest, and most affordable food supply in the world.
Professional experts such as the AVMA, AAEP, and USDA continue to have their expertise questioned by animal “rights” activists who line their own pockets with donations secured by exploiting and distorting the issues. These groups throw sensationalistic and often staged photos in the faces of those who do not understand it and ask them to give money to save the animals. But what they do not do is use their millions of dollars in fundraising to build animal shelters, provide research for new technologies and procedures or provide truthful information to consumers about the animal agriculture industry. Emotions run high, and with continued antics by activist groups the ultimate outcome will be devastating. If animal “rights” activist groups continue to be successful like we have seen in recent months with the closing of U.S. horse processing facilities, abandonment of animals will increase, animal welfare will decline, honest and legal businesses
will close, America’s trade balance will worsen, jobs will disappear, family heritage and livelihood will be stolen, and the best interest in the welfare of animals will be lost.
As the Agriculture Committee, it is your job to keep science and best management practices at the forefront of your decisions when developing legislation. Emotional, feel good policy is not reasonable for the agriculture industry. As a Committee, you are tasked with providing the type of environment for your agriculture constituents that allows them to have a manageable, profitable, and healthy livestock industry.
Fairly long but worth reading to better understand Ag Industry and the Animal Rights Agenda.
What the Animal Industry is up Against
This article hits the nail on the head. Although it pertains to the cattle industry,
everyone in the world of animal husbandry is affected by the same groups and
in the same manner. Taking Back An Industry
Real Abuse Cases
The following are links to true cases of abuse. Too many breeders are being falsely accused of abuse because they have more animals than many people can comprehend or they have minor violations that are addressed in regular inspections and need only to come in compliance with regulations.
These are State Humane Societies who are working with HSUS to take away our right to own animals
20/20 Report on Cruelty To Owners
Dave Garcia was convicted of kidnapping, rape, and numerous drunk driving charges. In his own words in the second 20/20 video above he states that animal abuse leads to all the things he was convicted of and more. Does he have firsthand experience in knowing that to be fact? Makes you wonder!
Report on Dave Garcia of the SPCA (This link is temporarily not working due to upgrading the site it's on, but should be working again approximately March 9, 2009)
Information Links
Exerpt from the article Animal Breeders/Activists Clash Over Bills
Heaven Can Wait is an animal sanctuary.
Statistics collected over the past two years at Heaven Can Wait showed more than 85 percent of the animals came from a neighbor or friend’s litter, Vosko said. Fewer than 5 percent were from pet stores and no more than 1 percent or 2 percent were from professional breeders.
