June 6, 2012
As you know by now, APHIS proposes to revise the definition of "retail pet store" to bring more pet animals sold at retail under the Animal Welfare Act (AWA) licensing and regulations. APHIS plans to narrow the definition of retail pet store so that it means a PLACE OF BUSINESS OR RESIDENCE THAT EACH BUYER PHYSICALLY ENTERS in
order to personally observe the animals available for sale prior to purchase and/or to take custody of the animals after purchase. Under the proposed rule no dog or other pet animal will be sold at retail WITHOUT either public or APHIS
oversight. This is the critical point.
WHAT WE KNOW
- For decades pet sellers in the retail sector have enjoyed immunity from federal licensing under the definition of a "retail pet store". Historically retail sellers were not licensed by the federal government due to the general ability of the public to provide their own scrutiny of pet sellers and government concerns such as duplicative efforts with state or local laws.
- The proposed rule change has been circulated in the media and by HSUS as "closing an Internet loophole" in the AWA that will bring regulation to unscrupulous dog breeders who operate in substandard conditions. Far from it!! The broad scope of the proposed rule could bring hundreds of thousands of pet retailers and rescuers of domestic animals under federal regulation.
- A breeder/seller of any species currently covered under the "retail pet store" definition can potentially lose their
exemption and be required to obtain a federal license for even occasionally selling sight unseen via the Internet. "Covered" species includes dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla,
domestic ferrets, domestic farm animals, birds.
- The proposed rule would require EVERY SINGLE BUYER to physically visit a retailer's premises. Therefore selling even one pet OFF PREMISES at a show, at a park, or arranged location without the buyer visiting first, will result in loss of an exemption from federal licensing. Rescue organizations are NOT exempt from this proposed rule. Selling pets at an adoption day event away from their base location or traveling to meet potential adopters would no longer be permitted without a federal license. This proposed requirement places undue limitations on buyers as well as sellers.
- Living under USDA licensing is NOT an option for the average retail seller. Spare rooms in homes, porches, covered kennel runs, and barns can never be converted to a USDA-compliant facility. Federal engineered standards for licensed facilities dictate enclosure sizes, sanitation, surfaces that are impervious to moisture, ventilation, bio-hazard
control, veterinary care, exercise, temperature controls, waste disposal systems, diurnal lighting, drainage systems, washrooms, perimeter fencing, as well as transportation standards for regulated animals. Most residential
environments would not permit zoning variances for such facilities.
- Exemptions from licensing are limited. Breeders of cats, dogs, and small exotic animals are currently exempt if they have 3 or fewer breeding females. APHIS proposes to increase this to 4 or fewer breeding females. However, either limit makes it very difficult to build a breeding program without constantly moving out or spaying older females to make room for the next generation. To have more than this number of breeding females requires a license.
- There is still an exemption for sellers who derive less than $500 gross income from the sale of other animals (this does not include dogs, cats, and exotic or wild animals).
- The massive expansion of regulatory responsibilities into the private sector outlined in the proposed rule is not only impractical but unaffordable for an agency that is currently addressing serious budget challenges. For the past several years, APHIS' budget has been shrinking; since 2010 the budget has decreased by roughly 10 percent. The 2013 submitted budget calls for an additional decrease of 6.6%.
OPPOSE adoption of this proposed rule. APHIS needs to hear most from those who are likely to be
affected by the rule. Are you already licensed under local or state law and would federal regulation be a duplicate effort? Explain briefly how the rule will impose costs on your breeding program and activities and whether this will
cause you to cease or limit your hobby or operations.
Suggested comments are available at the SAOVA website http://saova.org/APHIS_comments.html
and can be customized.
Submit a separate comment for each point you wish to make in opposition to the rule. Comment period ends July 16,
Post comments at the APHIS portal
Send a copy of your comment to Congressman and reference Docket No. APHIS-2011-0003
Directory of Representatives http://www.house.gov/representatives/
Directory of Senators
ADDITIONAL INFORMATION can be found at PIJAC http://tinyurl.com/cq4qlmv
and at the Cat Fanciers Association http://tinyurl.com/6ow8qug
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators