Important information for both the breeders and non-breeders on our
list. In an attempt to "control" puppy and kitten mills, the USDA has
changed their regulations to control "pet stores." Unfortunately, they
ignored input from the likes of AKC and relied heavily on the (truly
animal hating) PETA and HSUSA (doubt my attitude? If you check you will
find PETA run shelters have the highest kill rates -- with them and the
National Level humane societies, animals aren't the concern, money and
power are).
What does this mean? Now falling under the jurisdiction of the USDA will
be anyone "who maintain more than four "breeding females" of any species
and sell even one pet 'sight unseen'." NOTE: ANY SPECIES. So, let's say
my friend "Janice" who has a farm with COWS, CHICKENS, PIGS has a litter
of puppies with her SINGLE golden retriever. And I want one. She knows
me. She's known me for years. I haven't actually SEEN the litter, but
she knows I want a male. She only has the one male and we arrange to
have him transferred to me. She's now a "commercial" breeder subject to
USDA oversight. In everything. And the USDA, etal, has it's own group of
SWAT enforcement -- look at the raids of the Amish milk farmer.
Not convinced? You have a bowl of goldfish, multiple sexes. Are they
going to breed? Probably not. But, they ARE "breeding females." You have
a litter of kittens and your sister, who lives in the next state, LOVES
your cat and wants a kitten or two. Your parents are going to go visit,
so they offer to take 2 kittens to your sister. You've now transferred
ownership "sight unseen." AND THIS MEANS THE USDA CAN COME ONTO OUR
PROPERTY AND INTO YOUR HOME and verify you have ALL your animals housed
per their requirements. And that doesn't mean you get to have a crate in
your house the dog only goes into to sleep or when there's company. Oh.
No. There are size restrictions the standard "crate" will not fulfill --
but these "rules" and regulations are written to protect animals who in
the past have been housed in bad conditions and bred simply to produce
puppies for the mass pet shop market. YOU'LL be punished for properly
taking care of your dog because CRIMINALS need to be controlled and an
overly broad brush was used.
Write enough rules and regulations and everyone becomes a criminal
..... LisaW
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
This alert may also be viewed at
http://www.akc.org/press_center/article.cfm?article_id=5117.
*USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS *
/Tuesday, September 10, 2013/
Today, the United States Department of Agriculture Animal and Plant
Health Inspection Service (USDA/APHIS) released a finalized version of
new federal regulations that narrow the definition of a "retail pet
store"
<http://www.aphis.usda.gov/newsroom/2013/09/retail_pet_final_rule.shtml>with
the purpose of bringing internet-based pet breeders and sellers under
the regulation of the Animal Welfare Act (AWA).The rule, originally
proposed in May 2012 and essentially unchanged, effectively expands USDA
oversight of pet breeders to include people who maintain more than four
"breeding females" of any species and sell even one pet "sight unseen".
The American Kennel Club (AKC) shares the USDA's concern about
unscrupulous and potentially substandard puppy sellers; and encourages
responsible puppy buyers to meet the breeders of their new puppy and to
work with responsible breeders to understand the commitment, challenges
and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting
the rule in the same form it was originally proposed, did not heed the
comments of hundreds of thousands of responsible dog breeders and owners
concerned with the complexity and ambiguity of this potentially onerous
new rule.Specifically, the rule will:
·*Increase the "retail pet store" exemption to include those maintaining
4 or fewer breeding females.*Those with four or fewer "breeding females"
will not be subject to USDA licensure and inspection.The AKC appreciates
the intent of a continued exemption for small hobby breeders.
·*Deems any "sight-unseen" sale a covered activity, making the seller
subject to USDA licensure and regulation.*The AKC remains steadfast in
believing that the rule will unreasonably require regulatory compliance
of many more individuals than originally intended by treating those who
sell a dog "sight unseen"—perhaps due to repeat buyers or other known
purchasers—in the same manner as commercial internet-based sellers.The
AKC believes that reasonable regulation of true commercial breeding
enterprises or Internet sellers, where regulation is based on the actual
numbers of dogs sold, is a better alternative to regulation based on the
number of dogs a person owns.If the goal is to regulate internet sales,
then such sales should be defined to include only internet sales.If the
goal is to regulate all commercial breeder/retailers, a better
definition would be those who produce and sell more than 50 puppies in a
year.
·*Vague definition of "breeding female" as one having the capability of
breeding.*Currently, the USDA defines "breeding female" as "capacity to
breed" and bases this assessment on a visual inspection on the ground of
the animals involved, determining whether they are "of breeding age" and
whether there are health or other factors that would limit that. The AKC
believes that this is not a practical, efficient, or clear way to
establish a threshold for licensing and regulation, as it does not allow
either APHIS or a breeder to assess whether a seller would be subject to
licensing, regulation, and inspection without first being inspected by
APHIS. The AKC remains extremely concerned that the rule will make it
difficult for individuals to self-report, as they would not be able to
know—without an APHIS inspection and examination of their animals before
applying for a license—whether they would be required to obtain a license.//
·*Operational standards originally designed for commercial-type
facilities fail to account for circumstances appropriate for how
hobby/fancy breeders who will be subject to the regulations will keep
their dogs.*As a result of AKC's long history and breadth of experience
in advancing the care and conditions of dogs and conducting kennel
inspections, we know that there are a wide variety of circumstances and
kinds of facilities in which dogs may be suitably raised and maintained.
AKC's Care and Conditions policy
<http://images.akc.org/pdf/governmentrelations/documents/Care_Conditions_Policy.pdf>is
based on performance standards, rather than strict engineering
requirements. This is because many breeds would fail to thrive in the
required commercial kennel setting and, therefore, are better raised in
residential settings. It is not reasonable to expect small breeders, who
keep a handful of dogs and make a choice to raise dogs in their homes,
to be able to meet exacting USDA kennel engineering standards that are
designed for large commercial wholesale or research kennels. Likewise,
many could be prevented from adapting their facilities because of local
ordinances, zoning limitations, restrictions on their ability to obtain
business licenses or necessary insurance. We believe performance-based
standards are a better option for small home-based operations.The AKC
believes that the continued effort to subject small home-based breeding
operations to the same exacting standards required of purely commercial
facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit
AKC's USDA/APHIS Regulations Resources Page
<http://www.akc.org/governmentrelations/usda_aphis.cfm>.
*_NEXT STEPS:_*
USDA/APHIS expects the final rule to be published in the Federal
Register later this week.The rule will become effective 60 days after
publication.
The AKC is dedicated to supporting the wellbeing of all dogs and
responsible dog owners and breeders.We are extremely disappointed with
the content of the final rule and we will continue to study this rule
and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis
regarding specific impacts and what this rule may mean to responsible
dog owners, breeders and the dog-loving public in general. Please
remember that as a matter of company policy, the American Kennel Club
does not release the registration information or history of any customer
without a court order.The AKC, however, does expect individuals to
comply with all applicable federal, state, and local laws and
regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR's online USDA/APHIS
Regulations Resource Page
<http://www.akc.org/governmentrelations/usda_aphis.cfm>; or contact
AKC's Government Relations Department at doglaw@akc.org
<mailto:doglaw@akc.org>.
If you would rather not receive future communications from The American
Kennel Club, let us know by clicking here.
<http://app3.vocusgr.com/OptOut.aspx?200x335x22586x3x20098074x24000x6&Email=Lawiser%40att.net>
The American Kennel Club, 8051 Arco Corporate Dr., Raleigh, NC 27617
United States
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