Although no action was taken on the Pet Safety and Protection Act in the last Congress, the Labor, Health and Human Services Appropriations bill and the FARM bill were adopted; both include language regarding random source Class B dealers who sell dogs and cats for experimentation.
They call for an independent review by a panel of experts to determine how frequently animals sold by Class B dealers are used, and make recommendations regarding such use. In addition, the Agriculture Committee leadership in both the House and Senate called for a Government Accountability Office study on the subject.
In response to Congress's call for action, the National Academies Institute for Laboratory Animal Research (ILAR) formed a committee to “address the use of Class B dogs and cats in research funded by the National Institutes of Health.” The 10-member committee representing a broad spectrum of individuals, from vocal opponents of Class B dealers to scientists who purchase and use such animals, is expected to issue its report this spring. The US Department of Agriculture (USDA) has been tasked by Congress to review any recommendations proposed and report how they may be implemented to ensure compliance with the Animal Welfare Act (AWA).
Most of the committee's deliberations have been private, but during two half-day public sessions, an array of people spoke, including Cathy Liss of the Animal Welfare Institute. Liss provided a statement, showed footage from dealer premises, presented extensive documentation and answered questions based on her 28 years of random source dealer experience.
Two representatives from a licensed Class A dealer facility (a breeder of purpose-bred animals), gave an impressive presentation describing their ability to provide a wide variety of animals and services to the research industry. The breeding facility is able to meet the research demands for dogs and adapt as these needs change. Unlike random source dogs, the health status and genetic background of Class A animals is known.
Another detailed presentation was given by a genetic expert on cats from the National Cancer Institute's Laboratory of Genomic Diversity. He described how to breed cats to ensure genetic diversity, emphasizing that it can in fact be done.
The USDA's Animal Care staff gave two separate presentations and has submitted data to the committee. One chart notes that from November 2007 to November 2008, 2,863 dogs and 267 cats were sold by Class B dealers to research facilities. Currently, just 11 such dealers remain. Compared to historical figures, these numbers clearly represent a dying industry
Recently, Animal Care has revised the manner in which it conducts tracebacks intended to assess the accuracy of dealer records identifying from whom they purchase their dogs and cats.
Tracebacks are an extensive and costly process, yet they cannot provide assurance that the dealers' transactions involving animals were legal. A significant loophole in the AWA is that any person who claims to have bred and raised a dog or cat can sell the animal for profit. Dealers can exploit this loophole knowing it is virtually impossible to disprove their claim.
The suggested machinations to tighten controls and provide oversight of Class B dealers are mind boggling. Based on the evidence provided, it seems inconceivable that the committee can justify a research need on scientific grounds to use any dogs and cats obtained from these dealers. While the vast majority of researchers get their animals from other sources, it is time for the foot-draggers to follow suit.