REGULATE THE TRANSPORTATION, SALE, AND HANDLING OF DOGS AND CATS USED FOR RESEARCH AND EXPERIMENTATION THURSDAY, SEPTEMBER 2, 1965 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON LIVESTOCK AND FEED GRAINS OF THE COMMITTEE ON AGRICULTURE, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 1302, Longworth House Office Building, the Honorable W. R. Poage (chairman of the subcommittee) presiding. Present: Representatives Poage, Purcell, Olson, Bandstra, Callan, Dague, Quie, and Mrs. May. Also present: Christine S. Gallagher, clerk; Hyde H. Murray, assistant clerk; and Fowler West, staff. Mr. POAGE. The subcommittee will please come to order. I have told everybody who has talked to me about this hearing that so far as I am concerned, we will try to divide the time, to get the different viewpoints. We will meet this morning. I do not know whether we can meet later this afternoon, but we will limit the time of the witnesses this morning. And then at later hearings, there may be an opportunity to go into some of these things in more depth than we can this morning, if later hearings are held, but I think the only fair thing to do this morning is, as I have already stated, limit the time of the witnesses. We have not more than 55 minutes for each side in which to do this. We are already about 5 minutes behind time. We have no more than 55 minutes for each side. We will hear from Mr. Resnick, the author of at least one of the bills which are before us, the bill on which the hearing was called, and then we are going to hear the proponents and the opponents. I presume it will be wise to alternate the proponents and the opponents, limiting them to 5 minutes each. I shall simply go down the list that the clerk has prepared here in the order in which it has been prepared. I, personally, do not know how you did it. Mrs. GALLAGHER (clerk). The way they were called in. Mr. POAGE. The order in which they called in and asked for time. We will start with our colleague, Mr. Resnick of New York,[who introduced H.R. 9743. We recognize him at this time. (H.R. 9750 by Mr. Pepper, H.R. 9869 by Mr. Helstoski, H.R. 9875 by Mr. Wolff, H.R. 10197 by Mr. Joelson, H.R. 10358 by Mr. Minish, H.R. 10680 by Mr. Morse, H.R. 10743 by Mr. Helstoski, and H.R. 10745 are all similar or identical to H.R. 9743 by Mr. Resnick, the text of which follows:) [H.R. 9743, 89th Cong., 1st sess.] A BILL To authorize the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs and cats intended to be used for purposes of research or experimentation, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to protect the owners of dogs and cats from theft of such pets and to prevent the sale or use of stolen dogs and cats for purposes of research and experimentation, it is essential to regulate the transportation, purchase, sale, and handling of dogs and cats by persons or organizations engaged in using them for research or experimental purposes or in transporting, buying, or selling them for such use. SEC. 2. DEFINITIONS.-When used in this Act (a) The term "person" includes any individual, partnership, association, or corporation. (b) The term "Secretary" means the Secretary of Agriculture. (c) The term "commerce" means commerce between any State, territory, or possession, or the District of Columbia or Puerto Rico, and any place outside thereof; or between points within the same State, territory, or possession, or the District of Columbia, but through any place outside thereof; or within any territory or possession or the District of Columbia. (d) The term "cat" means any live domestic cat (Felis catus) for use or intended to be used for research, tests, or experiments at research facilities. (e) The term "dog" means any live dog of the species Canis familiaris for use or intended to be used for research, tests or experiments at research facilities. (f) The term "research facility" means any school, institution, organization, or person that uses or intends to use dogs or cats in research, tests, or experiments, and that (1) purchases or transports such animals or certain of such animals in commerce or (2) receives any funds from the United States or any agency or instrumentality thereof to finance its operations by means of grants, loans, or otherwise. (g) The term "dealer" means any person who for compensation or profit delivers for transportation, transports, boards, buys, or sells dogs or cats in commerce for research purposes. SEC. 3. It shall be unlawful for any research facility to purchase or transport dogs or cats in commerce unless and until such research facility shall have obtained a license from the Secretary in accordance with such rules and regulations as the Secretary may prescribe pursuant to this Act. SEC. 4. It shall be unlawful for any dealer to sell or offer to sell or to transport to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce or to another dealer under this Act any such animal, unless and until such dealer shall have obtained a liecnse from the Secretary in accordance with such rules and regulations as the Secretary may prescribe pursuant to this Act, and such license shall not have been suspended or revoked. SEC. 5. The Secretary is authorized to promulgate standards to govern the handling and transportation of dogs and cats by dealers and research facilities, to promote their health, well-being, and safety: Provided, however, That this authority shall not be construed to authorize the Secretary to set standards for the handling of these animals during the actual research or experimentation. SEC. 6. All dogs and cats delivered for transportation, transported, purchased, or sold in commerce or to research facilities shall be marked or identified in such manner as the Secretary may prescribe. SEC. 7. Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats, as the Secretary may prescribe. SEC. 8. The Secretary shall take such action as he may deem appropriate to encourage the various States of the United States to adopt such laws and to take Buch action as will promote and effectuate the purposes of this Act and the Secretary is authorized to cooperate with the officials of the various States in effectuating the purposes of this Act and any State legislation on the same subject. SEC. 9. No dealer shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal. SEC. 19. Dogs and cats shall not be offered for sale or sold in commerce or to a research facility at public auction or by weight; or purchased in commerce or by a research facility at public auction or by weight. No research facility shall purchase any dogs or cats except from a licensed dealer. SEC. 11. The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the purposes of this Act. SEC. 12. Any person who violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $10,000. SEC. 13. When construing or enforcing the provisions of this Act, the act, omission, or failure of any individual acting for or employed by a research facility or a dealer within the scope of his employment or office shall be deemed the act, omission, or failure of such research facility or dealer as well as of such individual. SEC. 14. If the Secretary has reason to believe that a dealer has violated any provision of this Act or the regulations promulgated thereunder, the Secretary may suspend such dealer's license temporarily, and, after notice and opportunity for hearing, may revoke such license if such violation is determined to have occurred. SEC. 15. If any provision of this Act or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SEC. 16. In order to finance the administration of this Act, the Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued to research facilities and dealers. All such fees shall be deposited and covered into the Treasury as miscellaneous receipts. SEC. 17. EFFECTIVE DATE.-This Act shall take effect one hundred and twenty days after enactment. Mr. POAGE. We will now hear from you, Mr. Resnick. STATEMENT OF HON. JOSEPH Y. RESNICK, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK Mr. RESNICK. Thank you, Mr. Chairman. Before I start my statement, I would like to point out that Senator Clark indicated that he might want to testify in person. I thought that I would make you aware of that. Mr. Chairman, first let me thank you for the privilege of appearing before this distinguished committee and for the speed with which this hearing was held. It is my purpose here this morning to bring to the attention of the committee details of a sordid criminal activity that is not generally known, that takes a frightful toll in human heartache, and that-strange as it may seem-is largely financed by the American taxpayer. I am referring to the large-scale theft of household pets, dogs and cats, which are transported over great distances by a highly developed distribution network, often passing through the hands of several dealers, and which eventually are sold to research laboratories and hospitals. Most of these laboratories receive Federal grants and other assistance. At first glance the theft of dogs and cats from neighborhood yards would appear to be a pennyante business-hardly worth the attention of a congressional committee, and hardly sounding like the kind of activity that would reap huge profits for those engaged in it. But, like in most businesses, profit is determined by the size of the market. And the animal market is immense considerably larger than most people realize. For example, over 14 million dogs and over a half a million cats where used last year at hospitals and research laboratories receiving Federal money. From $30 to $50 million was spent by these institutions for these animals. One Federal agency alone, the Poolesville Animal Center of the National Institute of Health, spends well over $100,000 on cats and dogs. One animal dealer Í know of enjoyed sales of over $750,000 last year. These are not isolated cases. Let there be no question but that this is big business. I I Let me stress at this time that I fully support the valuable research work being done by these hospitals and laboratories. Their needs for animals is a legitimate need. There is not a man, woman, or child anywhere in this country who does not enjoy the benefits of this research research which develops new drugs and operating techniques, which bestows better health and longer life on all of us. am not an antivivisectionist and the issue of vivisection is nowhere involved in this legislation. Neither is the issue of animal care in the laboratory. This bill is concerned entirely with the theft of dogs and cats, and to a somewhat lesser degree, the indescribably filthy conditions in which they are kept by the dealer. The market has almost an insatiable appetite for laboratory animals. It is only natural that dealers, by one means or another, often become overeager to satisfy that hunger. There is overwhelming evidence that a substantial percentage of cats and dogs sold to hospitals and research laboratories are family pets which have been stolen. As the demand has increased, theft has kept pace. There is also substantial evidence to indicate that local communities are powerless to cope with this problem because in many cases local dog wardens are guilty of complicity with those who traffic in stolen animals. This is not a local problem. Wholesale dog theft occurs in most of our States. There are, however, certain characteristics which are common to this illicit practice no matter where it happens. After they are stolen, the animals are sold as quickly as possible to so-called dealers. They are quickly taken out of town. Tracing them becomes extremely difficult. The animals often change hands several times. In this way, dealers throw potential pursuers off the track. There are no bills of sale in the usually accepted meaning of the term. Dogs are not individually described, they are just listed in bulk, which makes tracing them still more difficult. There is an absence of clear title to the animals. Identifying tags and collars are removed and destroyed. The animals usually are taken to one of a number of animals auctions, where they are sold by the pound. The going rate is now about 30 cents a pound. Puppies go for 10 cents apiece. They are then bought by dealers who sell them to laboratories. I believe that H.R. 9743 and the companion bills can stop this practice. Each of its sections has been written to deal with a particular aspect of this despicable business. I would, however, like to bring to the attention of the committee two changes that I would suggest in the bill. Section 3 requires that research facilities should be licensed in order to obtain cats and dogs for laboratory use. Upon reflection, however, I feel that the same objectives can be reached by simply declaring it to be unlawful for research laboratories to deal with any but licensed animal dealers. Section 5 should also be changed so that standards governing the handling and transportation of dogs and cats should be set only for dealers. It is not the purpose of this bill to control the handling of animals in the labora tories. Many animals used by laboratories are already bred for the purpose, such as mice, guinea pigs, and rabbits. Why should dogs and cats be any different? To the best of my knowledge, no dogs or cats are now raised for the laboratories. Under present conditions, a laboratory's purchase order is an invitation for dealers to steal family pets. This is wrong. Why should this practice be allowed to continue? If dogs and cats are needed, as they most certainly are, let them be bred for the purpose. As a matter of fact, I understand that Mount Sinai Hospital in New York City has just made a decision to do this very thing. I sincerely hope that my information is correct and that other laboratories and hospitals will follow this wonderful example. Let us face the fact that this bill will raise the cost of dogs and cats used in research and this may well be the basis for some objections to it. But it's immoral to condone theft and to receive stolen property for any reason. Certainly this wealthy Nation can afford to conduct its medical research without causing the financial loss and personal anguish that occur under present practices. Mr. Chairman, I would like, at this time, to remind the members of the committee that there will be an executive session in my office at 2 p.m., this afternoon, to hear the private testimony of a man who is a convicted dog thief, and who will testify about the operation of the pet-stealing racket. Thank you. Mr. POAGE. Thank you very much. Mr. RESNICK. I would like to insert into the record this letter that I wrote to one of the witnesses, under date of August 11. Mr. POAGE. Without objection, the letter will be inserted into the record at this point. (The letter dated August 31, 1965, follows:) Miss FAY BRISK, Washington, D.C. AUGUST 31, 1965. DEAR MISS BRISK: On Thursday, September 2, the Livestock and Feed Grains Subcommittee of the House Committee on Agriculture will hold hearings on H.R. 9743, a bill to stop the widespread theft of household pets are then sold to hospitals and laboratories. I know that you have done much work in this field. As the author of this bill, and a member of the Agriculture Committee, I would like you to attend these hearings and tell us all you know about these activities obtained. We would like to have any and all information you have gathered, including results of your own investigations, pertinent to this inquiry. Your cooperation will be most appreciated, and will most certainly be helpful in bringing to the committee an understanding of the problem, and in helping in the development of effective legislation in this field. I am enclosing a copy of H.R. 9743 which will help outline the scope of the hearings. The hearings will start at 10 a.m. and will be held in room 1301, Longworth Building. Yours truly, JOSEPH Y. RESNICK, Mr. POAGE. Thank you, again, very much. I am advised that the list as prepared is in error. It lists Mrs. Helen Jones as an opponent; and she should be listed as a proponent of this legislation. I do not know whether that means that she will be the first of the proponents or not. I announced a while ago that I am giving both sides an opportunity to be heard, by alternating between the proponents and the opponents. We will now hear an opponent. I do not know who is the first opponent. Dr. WAKERLIN. Mr. Chairman, if it would please the Chair, I should like to speak first. Mr. POAGE. Who are you? |