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Spay or pay
Unprecedented mandate for pet sterilization breeds public debate, divides California DVMs


DVM NEWSMAGAZINE


SACRAMENTO, CALIF. — A controversial bill pushing the nation's first statewide mandate to sterilize dogs and cats pits California shelter leaders against breeders and spurs bitter debate among veterinarians.

The mere topic of pet overpopulation draws strong opinions, yet the California Healthy Pets Act has earned an explosively divisive reputation. Backed by the California Veterinary Medical Association (CVMA), the measure takes unprecedented action to reduce shelter animals in a state that spent a reported $2.75 billion to house unwanted dogs and cats from 1995 to 2005. Of the nearly 9 million animals that entered California's shelter system during that time, 5.2 million were euthanized. Nearly half a million were destroyed last year, the California Department of Health Services reports.

AB 1634, set for hearing April 10 in the California State Assembly Committee on Business and Professions, is designed to cut those numbers. Yet despite CVMA's support, it attracts heavy criticism from those who deem it radical, including breeders and a faction of the veterinary profession.

Controversy stems from legislative language that bans state residents from owning an intact dog or cat more than 4 months old without a permit. An exemption would be offered to confirmed breeders. Local municipalities will be charged with setting permit fees and enforcement. Violators face up to $500 in fines, and only a veterinarian-authored letter relating to an animal's age, poor health condition or illness would allow a 75-day exception. Proceeds would fund low-cost sterilization programs for indigent pet owners.

"I think this is wrong; it's incredibly prescriptive," says Dr. John Hamil, former CVMA president and a longtime member of the National Council on Pet Population Study and Policy (NCPPSP).

"This is an emotional issue, not a rational issue. I think the veterinary association's job is to provide that solid middle ground based on facts. It's a terrible mistake."


Valerie Fenstermaker
While Hamil argues that the initiative punishes breeders, CVMA Executive Director Valerie Fenstermaker counters that the bill, rather than catering to owners, is aimed at protecting animals.

"We've tried in California so many solutions to fix the pet overpopulation problem and nothing's worked," she says. "Our board discussed this thoroughly, and we all believe animal ownership is a privilege. I understand that breeders don't want to pay for permits, but at some point someone has to step up to the plate and speak for these animals."

Trendy initiative

Critics may claim mandatory sterilization is rash, but it's far from novel. Some communities, such as Santa Cruz and Lake County, already have enacted such laws and, at press time, a similar statewide bill died in the New Mexico legislature. In January, Virginia lawmakers tabled legislation that sought to require mandatory sterilization of dog and cats purchased from dealers or adopted from releasing agencies. Despite fee-based exemptions for breeders, American Kennel Club (AKC) leaders and their lobbyists bucked the measure, citing "undue government interference."

"This bill sets up the idea that breeders who have intact animals should somehow fund animal control," says Sarah Sprouse, manager of AKC's Canine Legislation Department. "We feel that is very unfair."

The debate


Dr. Ron Faoro
CVMA President Dr. Ron Faoro fields up to 30 e-mails on the topic daily and counters detractors' claims.

Yet the Santa Barbara practitioner recognizes there is room to tweak some of the measure's language as it moves through the legislature. While in committee, the bill remains in the negotiation stages, ripe for amendments.


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Source: DVM NEWSMAGAZINE,
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