Court rules federal licensing of private dog breeders not prudent (1/31/2003)

A U.S. Court of Appeals has ruled that only “wholesale” dog breeders should be subject to federal licensing and inspection. Animal rights groups had brought the lawsuit, which demanded that all persons selling any dogs be federally licensed.

The U.S. Court of Appeals for the District of Columbia Circuit declared that people who sell and breed animals out of their homes fall under the definition of “retail pet stores,” which are exempt from federal regulation. The decision upholds the U.S. Department of Agriculture’s (USDA) amendment to the Animal Welfare Act, which clarifies that the term “dealer,” in respect to individuals selling dogs for hunting, breeding and security, only applies to those who sell such dogs wholesale.

The decision reverses a lower court’s ruling that found breeders in private homes should be subject to federal animal laws administered by the U.S. Department of Agriculture.

Animal rights groups, including the Doris Day Animal League, brought this lawsuit in an effort to force the USDA to regulate home-based animal breeders.

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