AR-News: (CA - US) ALERT: California Ear Crop Ban

[Snugglezzz at aol.com]

NOTE:  Groups against animal rights are actively trying to stop this, so 
animal rights and others who agree that ear cropping should be banned need to 
actively SUPPORT this issue. 

ACTION ALERT: CA EAR CROP BAN

June 19, 2004  

IN THIS ISSUE:
*  CA SB 1548 (FIGUEROA) AMENDED WOULD BAN DOG EAR CROPPING

*  HEARING SET FOR TUESDAY, JUNE 22, 9:00 A.M., STATE CAPITOL, ROOM 127

CALIFORNIA SENATE BILL 1548 by Senator Liz Figueroa (D-10) of Fremont was
introduced
 as one of eight "sunset review bills" authored by the Chair of the Joint
Legislative Sunset Review
Committee and intended to implement legislative changes as recommended by
the JLSRC for
six licensing boards reviewed by the JLSRC in 2003-04.  The JLSRC began its
review of these
six licensing agencies in January with two days of hearings.
Recommendations for the JLSRC
were delayed until June pending the Governor's California Performance
Review (CPR) to avoid
conflicts.  The June 14 amendments to SB 1548 carried out the plan to amend
the JLSRC
recommendations into the bill extending the sunsetting of the Veterinary
Medical Board.

The original SB 1548, supported by the Veterinary Medical Board (state
agency created by
the Veterinary Practice Act that licenses and regulates veterinarians and
registered veterinary
technicians) and the California Veterinary Medical Association, sailed
through the Senate
Business and Professions Committee, but did run into partisan opposition on
the Senate Floor
on May 17.  21 votes are required to pass, There were only 24 ayes and 12
noes (3 did not vote,
and the seat of deceased Republican Senator Pete Knight is vacant.)

AB 1548, Section 11, as amended June 14, would add a new Section 597.6 to
the Penal Code:
"597.6.  (a) Any person who crops the ears of any dog or procures
the cropping of a dog's ears, except for treatment of disease or
injury of the dog, is guilty of a misdemeanor.
   (b) For purposes of this section the following definitions apply:
   (1) "Ear cropping" means surgical alteration of the pinna that is
performed for the purpose of manipulating the ears of any dog for
cosmetic reasons so that the ears heal pointed.
   (2) "Disease or injury" means a condition of the dog that impairs
normal physiological functioning and does not include prevention of
ear infections."

SB 1548 provides no specific punishment, so this misdemeanor crime is
subject to Penal Code
Section 19.  "Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($1,000), or by
both."

An interesting twist is that AB 1857 prohibiting declawing non-domestic
cats would also add a
Penal Code 597.6 with an expressly higher penalty of "Any person who
violates this section is
guilty of a misdemeanor punishable by imprisonment in a county jail for a
period not to exceed
one year, by a fine of ten thousand dollars ($10,000), or by both that
imprisonment and fine."
AB 1857 passed by the minimum 4 votes in Senate Business and Professions
where the excessively
high penalty was noted but not amended.  If both bills proceed, at some
point the number conflict
would have to be resolved and possibly other amendment.  Only this Section
11 of SB 1548 deals
with any Code other than the Veterinary Practice Act contained in the
Business and Professions
Code or any provision not limited to veterinary practice.  Penal Code
Section 597.5 covers dog fighting.

"ISSUE #11:  The practice of ear cropping in dogs, cosmetic surgery
performed on dog ears to
give them a pointed appearance, is practiced by a few veterinarians and
illegally by people
involved in dog fighting.

Question #11 for the Board: Other than surgically altering a dog's ears for
the treatment of disease
or injury, are there legitimate reasons why the practice of dog ear
cropping should continue?
Should the procedure be banned for both the individual performing the
procedure as well as
the person ordering it?

Background:  According to the Association of Veterinarians for Animal
Rights (AVAR), which
opposes ear cropping, this surgical procedure is done for cosmetic reasons;
there is rarely a
medical need to surgically alter a dog's ears.  It is a painful surgery
performed on puppies
typically between nine and twelve weeks of age.  The dog is put under
anesthesia, and the
ears are cut and shaped to stand erect rather than remain in their normal
floppy state.  After
surgery, the ears are taped up and usually affixed with adhesive to some
sort of rack for weeks.
Frequent follow-up visits to a veterinarian are needed, and sometimes
additional surgery is
needed to ensure the ears do not heal wrinkled.

The AMVA, as well as state veterinary organizations, including the
California Veterinary
Medical Association, discourage ear cropping and state that the surgery is
medically
unnecessary and can cause pain and distress in the dog.  The World Small
Animal Veterinary
Association, which represents the veterinary associations in at least 26
countries on this issue,
opposes the practice and believes ear cropping in dogs should be illegal.
Ear cropping is
prohibited in Australia, Great Britain, Austria, Belgium, Denmark, Finland,
Greece, Luxemberg,
Norway, Portugal, Sweden, Switzerland, Cyprus, Czechoslovakia, Norway,
Israel, and in the
Canadian provinces of Newfoundland and Labrador.

Several national breed clubs believe that ear cropped dogs look better, are
more aristocratic,
and that the procedure prevents ear infections.  The breed clubs that
endorse ear cropping in
dogs include the Doberman Pinscher, Boxer, Standard Schnauzer, and Great
Dane.  However,
a growing number of such breeders do not have their dog's ears cropped, and
ear cropping is
not routinely performed in other breeds where ear infections are prevalent.

Further, the American Kennel Club states that, "There is nothing in AKC
rules or in any breed
standard that compels an owner to have this procedure performed as a
prerequisite to entry
at a dog show."

Ear cropping is also performed on dogs used in dog fighting activities.  In
this situation, the
dog's ear is almost cut off entirely.  This "battle cropping" has been
performed legally by
veterinarians and illegally by people involved in dog fighting activities.
If prohibited by law,
law enforcement could potentially have another tool to use for closing down
illegal dog
fighting operations.

The AVAR recently hired a professional polling firm, Zogby International,
to query California
Veterinary Medical Association members about ear cropping.  Only about 10
percent of its
members practice ear cropping for cosmetic reasons.  Seventy-four percent
think that veterinarians
should not do ear cropping unless it is for the health and well-being of
the dog.  Eighty-six percent
think that ear cropping is painful during the post-operative period,
including anesthetic recovery
and after-care.  And, fifty-six percent of small animal practitioners would
support legislation to
prohibit ear cropping, unless for therapeutic purposes."
*****
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