How will the USDA determine who is breeding more than the exempted number of litters or dogs?
Enforcement currently relies heavily on voluntary compliance and will continue to do so. Currently the USDA is required to license breeders who sell any dogs at wholesale and maintain more than 3 breeding females (whether or not they are actually bred). If the USDA suspects that someone is evading this requirement they develop evidence through an investigation and take action accordingly. The new legislation will help in that regard by giving the USDA access to source records from persons who acquire dogs for resale. The USDA will have to enforce the new legislation in the same manner, by investigating cases of suspected violation and gathering evidence. There is no authority in the current law or in the new bill for the USDA to request or subpoena records from third parties (such as the AKC) who are not persons who acquire dogs for resale.
