Does being only a regulation make it less dangerous as a rule or a law?

September 29, 2013

Question  “does the fact of it being *only* a *Regulation* make it any less dangerous than it would be as a Rule, or as a Law?”

Frank Losey response:

In my opinion, NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Each  violation of the APHIS Regulation that implements the Animal Welfare Act may result in a Maximum Fine of $10,000.  By any measure of merit, $10,000 is a lot of money!!!!

However, APHIS does not always assert the maximum fine.  For example, in the infamous Dollarite Rabbit Case of several years ago, Ms. Conant initially told the Dollarites, in writing, that while fines could be significantly more (theoretically, it could have been several Million Dollars considering the factg that each rabbit sold without a license carried a maximum $10,000 Fine), Ms. Conant demonstrated her “case-by-case” compassion” and “reasonableness” by only requesting that the Dollarites pay a little more than $90,000 to avoid having a Hearing that could result in substantially higher fines being assessed.  (Eventually, the case was dropped on the condition that the Dollarites and their children stop raising and selling rabbits!)  So you see, if you are willing to give up your right to breed a dog for the rest of your life, Ms. Conant and APHIS may “cut you some slack!!!!!”

Since Ms. Conant will be involved in some of the “case-by-case” decisions, how many of you wish to allow your financial fate and “way of Life” to be determined by the “case-by-case” whims of Ms. Conant, the Former HSUS Litigation Attorney?!?!?!?!?!?!?!?!?