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Projects & Politics > Federal Legs Index >> PAWS Index Sent to us by Dan Crutchfield, UKC Conformation Judge #6170, UKC Inspector for the NAPBTA, National Canine Association Judge, BDR Bench Judge, President- Mississippi State American Pit Bull Terrier Club Bon Temps Kennels alpha@bontempskennels.com Even though we don’t totally follow each step in his test, we present it because we DO understand the logic and the interesting scenario he presents. UPDATE: this test is live online at the UKC website and at http://smythwicks.org/paws/index.html You can actually TAKE THE TEST! We guarantee it is an eye-opener and will help you understand what PAWS really is. To many the proposed PAWS regulation is confusing, because of the double negatives and the odd structure of the document. As an engineer, I immediately recognized the logic employed in the document- not only AND and OR, but NAND and NOR (NOT AND and NOT OR). These four logic conditions are the building block of every computer circuit ever designed. So I took it upon myself to diagram the regulation- not a simple task. I believe I've got it right- and this should blow away the smokescreen coming from AKC and Santorum. The logic flow chart is counter intuitive. Rather than starting at the top and figuring out who a dealer is, it is more helpful to figure out who gets exempted. The Highest Level test is the "Pet Store" test. If you really are a "Pet Store", this trumps all other exemptions. "PET STORE TEST" HAVE YOU SOLD ANY ANIMALS TO A RESEARCH
FACILITY? HAVE YOU SOLD ANY ANIMALS TO AN EXHIBITOR? HAVE YOU SOLD ANY ANIMALS TO A DEALER? HAVE YOU SOLD ANY DOG WHICH WAS IMPORTED FROM
OUTSIDE THE UNITED STATES? AS A PET STORE, HAVE YOU BRED/SOLD ANY ANIMALS
TO THE PUBLIC AS PETS? AS A PET STORE, HAVE YOU SOLD ANY HUNTING,
SECURITY OR BREEDING (intact) DOGS? AS A PET STORE, HAVE YOU SOLD ANY WILD ANIMALS? Note that these regulations will restrict pet stores to selling only spay/neutered pups of non-hunting breeds, and no imports. Every thing the AR folks want-to start with. The next test is the "Furry Animal Test." This test is next, because it is a test with both the 25 dog or cat test and the 6 litter test. Both are disqualified if the furry animal limit of $500 is exceeded. It is a sudden death test- no other exclusion is available. "FURRY ANIMAL TEST" ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY
(CO-OWNER, COMPANY, ASSOCIATION) WHO, DURING ANY CALENDAR YEAR HAS
DERIVED MORE THAN $500 GROSS INCOME (NOT PROFIT) FROM THE SALE OF
WARMBLOODED ANIMALS SUCH AS GUINEA PIGS, HAMSTERS, GERBILS, RABBITS,
MONKEYS, FERRETS, EXCLUDING DOGS, CATS, RATS AND LABORATORY MICE, FOR
USE IN RESEARCH, TEACHING, EXHIBITION (ZOO/CIRCUS) OR AS A PET?
(INCLUDES RESCUE). The next major test in sequence is the "6 Litter test." This is next in sequence, because the fallback to the 6 litter test is the 25 sale test, however the reverse is not true. However, both the six litter and 26 tests require that at least one sale be made. So the next test is the "Sell at least one" test. "SELL AT LEAST ONE TEST" ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY
(CO-OWNER, COMPANY, ASSOCIATION) WHO DURING ANY CALENDER YEAR HAS SOLD
ONE OR MORE DOGS OR CATS? Ironically, a sale negotiator (broker) or transporter could become exempt by selling one dog or cat a year. Probably not the intent of the law, but that is how it is written. There are a lot of disqualifications for the six litter test OTHER than the obvious litter count. I actually place these earlier in the flowchart, because few people realize just how restrictive this is. "SIX LITTER TEST" HAVE YOU SOLD ANY AT WHOLESALE? HAVE YOU SOLD ANY TO SOMEONE WHO PURCHASED THE
ANIMAL FOR A GIFT TO SOMEONE ELSE? HAVE YOU SOLD TO ANYONE WHO BOUGHT THE ANIMAL
WITH THE INTENT TO RE-SELL IT? HAVE YOU SOLD TO ANYONE AN ANIMAL NOT FOR THIER
OWN USE AND ENJOYMENT? THIS COULD CONCIEVABLY INCLUDE SELLING TO ANYONE
IN A STATE OR LOCALITY THAT HAS ENACTED ORDINANCES CHANGING "OWNERS"
INTO "GUARDIANS". HAVE YOU WHELPED MORE THAN 6 LITTERS DOGS OR
CATS IN A YEAR? The next test is very simple. It is only confusing when the AKC introduces the concept of "other dogs" which does not exist in the regulations. You cannot raise 6 litters (48 pups) and sell 25 additional dogs (73 total). Likewise you can't sell 80 pups not of your own, and then raise one litter of your own to gain an exemption. However you can raise 10 small litters and sell 24 pups. "THE 25 TEST" Also note that the actual rule states "sell not more than 25 dogs or cats." This implies that at least one sale is made, and is why these did not just say sells less than 26. In logical terms, this would be expressed: IF SALE >1 AND <25 THEN NOT DEALER. The importance of this will soon been seen. If you did not pass the "Sell at least one test" earlier you were told to go to the broker/transporter test. Of course, common carriers are exempt from the transport test. That basically leaves puppy factories and rescuers. BROKER/TRANSPORATION TEST ARE YOU A PERSON OR LEGAL ENTITY (CO-OWNER,
COMPANY, ASSOCIATION), WHO NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMAL
COVERED BY PAWS, FOR COMPENSATION OR PROFIT? ARE YOU THE OPERATOR OF ANY REGULATED CARRIER
ENGAGED IN THE BUSINESS OF TRANPORTING ANY ANIMALS FOR HIRE? ARE YOU A PERSON WHO FOR COMPENSATION (INCLUDING
REIMBURSEMENT) OR PROFIT, DELIVERS FOR TRANSPORTATION, OR TRANSPORTS ANY
OF THE ANIMALS COVERED BY PAWS? (THIS WOULD INCLUDE A PROFESSIONAL DOG
HANDLER TRANSPORTING HIS CLIENT'S DOG TO A SHOW OR TRIAL AND INCLUDES
RESCUE TRANSPORT WHEN ANY EXPENSES ARE REIMBURSED). For me, this is perhaps the most alarming part of PAWS other than the pet store restrictions. Spaniel field trials have both an Open and Amateur division. Of course, most of those dogs run by the Pros (most of them part-time- they have weekday jobs) are owned by the Amateurs. Who will pay for the increased overhead forced on those handlers- i.e, air conditioned dog trailers, kennels, and staffing? And these dogs may run on Saturday by a pro and on Sunday by the Amateur- who does not have air conditioning. Nobody sends a dog to a pro that doesn't have an idea of what the conditions at the pro's place will be. This regulation will also apply to a RESCUE TRANSPORTER who gets assistance for mileage (compensation). However, as pointed out, by virtue of selling just one pup a year, the rescue transporter, or sales negotiator (broker) or Pro Handler can become exempt by just selling one pup a year. Perhaps they could get a buddy and sell a dog back and forth every year; don't even have to relocate it. THAT IS THE PAWS FLOWCART IN A NUTSHELL. Must be a cocoa-nut, it is very big.:) To help with understanding this, I have encoded the entire flowchart into a website, so you can go step-by-step through the test. I would suggest that you run through YOUR situation first and then think of some others that you would like to test. It is very revealing. Bill Fawcett http://smythwicks.org/paws for a no-holds-barred comparative analysis, go to July 30th Editorial PAWS & Pause For Thought. |