A SAOVA message to sportsmen, farmers and pet owners concerned about protecting their traditions, avocations and livelihoods from anti-hunting, anti-breeding, animal guardianship advocates. Forwarding and cross posting, with attribution, encouraged.
APHIS Final Rule Revising Pet Seller Exemptions and You
As you know by now, APHIS published the Final Rule September 10, 2013 which revises the definition of "retail pet store" under the Animal Welfare Act (AWA) licensing and regulations. The new definition of retail pet store means a place of business or residence where the seller, buyer, and animal are physically present in the same location. Not only dogs, but cats, rabbits, mice, small exotic animals, and other small pets will no longer be sold at retail without either public or APHIS oversight. If you cannot qualify for the retail pet store exemption in the AWA by selling only face-to-face, then you must either obtain a federal license or be limited to 4 or fewer females bred and raised on your premises. This limit of 4 is an aggregate number of females regardless of species (i.e., 2 dogs, 1 cat, 1 rabbit).
The transaction does not have to take place at the seller’s home. A meeting place can be set up to transfer the animal. However, everyone needs to be aware that many municipalities have ordinances restricting sales in public places and should plan accordingly. It appears APHIS will allow a third party to be designated as the agent to stand in for the breeder or buyer in the face-to-face transaction, but this needs additional clarification.
Anyone selling dogs for hunting, breeding, security purposes, or as working dogs is excluded from the definition of Dealer and from the definition of Retail Pet Store.
APHIS held a teleconference to announce the final rule. If you could not attend, we urge you to read the transcribed call which is posted at the SAOVA website http://tinyurl.com/nyb4s5g
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