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Brooklyn Law Review

Authors

Krista Doherty

Abstract

The Animal Welfare Act (AWA) was passed by Congress in 1966 with the intent to ensure humane treatment of animals used in interstate and foreign commerce. A dog breeder must obtain a license under the AWA so long as the dog breeder has five or more female dogs capable of breeding and whose offspring are sold as pets, and the breeder does not meet the “retail pet store” exemption. However, due to government neglect, as well as a lack of government oversight and regulation, both at the federal and state levels, thousands of dogs suffer every day in breeding operations. Moreover, because there are few limitations on breeding, millions of puppies are bred each year, further burdening overrun animal shelters and rescue organizations. Since breeders continue to produce more dogs, animal shelters currently have no choice but to euthanize hundreds of thousands of dogs each year. This Note argues that to effectively address dog overpopulation and inhumane breeding practices, the federal government needs to eliminate puppy mills and significantly reduce the number of dogs bred each year by amending the AWA in three ways. First, the AWA needs to significantly limit the number of intact female dogs breeders are allowed to have at one time and the number of times a female dog may be bred. Second, the AWA must require the licensing and regulation of all breeders. Lastly, the AWA should hold breeders accountable for the dogs they bring into this world by requiring registration and microchipping of each dog and written financial and health disclosures to each buyer. Dogs do not have the ability to advocate for themselves; the government must address the exploitation and mistreatment of dogs in breeding operations.

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