[ SHOWGSD-L ] Re: A sorta personal question
- From: Stormy Hope <stormy435@xxxxxxxxx>
- To: Cathy <Pinehillgsds@xxxxxxx>
- Date: Sat, 26 May 2012 06:42:04 -0700
On May 26, 2012, at 6:13 AM, Stormy Hope wrote:
Under the proposed rule changes (USDA/APHIS) the rules to allow all
who sell dogs, cat, small mammals and exotics are being changed. The
rule would be that anybody who maintains 4 or less breeding females
(up from 3) and sells all the pups that are raised and sold all from
their hom, sell remotely or not are fine. You can have more than 4,
as long as you sell all after the buyer visits your home before
purchase.
You've ALWAYS been defined as a retail pet store in order to cover
all pet sellers. Nothing is new there.
The rub comes if you have 5 or more breeding females and sell even ONE
remotely,(without the buyer visiting your residence to see the pup
before purchase (internet, phone, anything), you will be USDA
licensed with all that entails.
It affects EVERYBODY that has 5 or more breeding females maintained at
your residence or acting in concert if you sell even ONE remotely. (Co
owners)
Here is the short version. I will be out all today (talking about
this at Mission Circuit) so will send everything that I have been
sending once AGAIN when I get home tonight.
I was waiting for some more organizations' letters before sending them
to the GSDCA website, but you can check http://carpoc.org/alerts.html#fed
for the initial alert and links.
Stormy Hope
GSDCA Legislative Liaison
CaRPOC VP
www.carpoc.org
https://www.facebook.com/CaRPOC.CaliforniaResponsiblePetOwnersCoalition
~~~~~~~~~~~~~~~~~~~
About the USDA/APHIS proposed rule change to the Animal Welfare Act
(Animal Care)
Most of you have received the Alerts from several National
Organizations (AKC, NAIA, SAOVA, CFA) by now, and hopefully have read
them thoroughly. I am reading some misconceptions that have arisen
from discussions and lists, so I will try to clarify what I have
interpreted from the Rule Changes PRoposal.
First and foremost... PLEASE be aware that you all have been breeding
animals under the definition of "retail pet store," for the past,oh...
40 years. That exemption was challenged in court back in the early
90's (DDAL v Veneman) and USDA prevailed to continue exempting hobby
pet breeders from being regulated by USDA/APHIS. This court decision
in USDA's 'favor" prompted the series of Puppy Protection bills, PAWS,
and now the second version of PUPS (H.R. 835 - S.707). This all is
not new... it's been moving forward for more than 20 years. The
proposed rule changes have been in the works for a couple of years and
there has been input from many organizations during those years. Now
there will be more input from those organizations AND the public....
that's you!
USDA/APHIS is charged with making rules for acts that Congress has
passed. In "our" case, that is the AWA. These regulations are not
legislation, it is a charge by the Congress, (in our case) under the
Department of Agriculture, to regulate what Congress has passed 40
years ago. These regulations that now have proposed changes have been
in effect (3 breeding females, etc.) due to those charges to USDA/
APHIS by Congress for all of those years.
This Proposed Rule Change is not final, and it wouldn't be final even
after the 60 day comment period. If changes are made, another public
comment period could be offered.
With all of that, I believe that the analyses of AKC and NAIA are
accurate and contain good interpretations of the proposed rule
changes. I see some (in my opinion) inaccurate interpretations in a
couple of the other analyses.
1) under the proposed rule change, there is no 'inspection' of the
premises if
a) you have over 4 'breeding females" and have buyers visit your
residence. That was made clear in the stake holders conference and in
subsequent supporting documents.
b) you may continue to sell 'remotely" or wholesale if you maintain
four or less 'breeding females."
and 2)
a) you can have over 4 'breeding females' and sell the offspring
wherever (ship, remote,etc.) , as long as buyers visited your
residence one time before purchase.
That seemed to be the most misinterpreted issue. This is not NOW the
rule.
On May 26, 2012, at 4:20 AM, Pinehillgsds@xxxxxxx wrote:
Stormy I read what you posted and I've also been receiving updates
from the PA Federation. The jist as I see it, is that mostly Internet
sales will be affected. I do see that if you ship sight unseen (i.e.
ship a show puppy) you could be considered a retail establishment and
come under the proposed rules. If a prospective buyer comes to your
home to view the puppies a breeder would not be considered a retail
establishment and would not come under the regulations unless they
exceeded a 4 breeding females limit (on site). The upside, as I
understand it is that this would make PUPS bill all but go away for
small hobby/show breeders by cementing the retail exemption.
(That's the condensed version).
The PA Federation was taking comments and not speaking for them, but
from what I see, was trying to carve out an exception for show
(competition) breeders shipping puppies out of state and was maybe
looking to tweak "four". BTW, four in an increase from the current
rule, three. I don't understand the definition, as written in the
info, of "breeding female" but it looks to me if I am and not breeding
a gal, she isn't counted in the four.
Back to Internet sales. This is a HUGE problem. I get calls daily,
(BC Chair) people looking for someone to complain to. 99.9% of the
time they and the seller aren't club members and there is not a darned
thing I can do about it but listen and wonder how they could have been
so....wellllll...stupid. I go to some of the web sites they purchased
their puppies from and I am beyond dumbfounded. I'll spare you all
the details but I invite anyone to google what a prospective pet buyer
might google and share my reaction. Of course the buyer, out of state,
has no recourse.
Here is a link for anybody that hasn't seen the info:
http://www.aphis.usda.gov/publications/animal_welfare/2012/retail_pets_faq.pdf
So, for a lot of us, this rule, especially if it makes PUPS go away,
is at most, a nuisance and far less than PUPS would be. We'll just
make other arrangements for the very occasional show puppy going out
of state site unseen...perhaps co-own them for 60 days? Or maybe the
new owner can take a red-eye <VBG>?
Kathy, member GSDCA, DVGSDC
Celebrating generations of Dual Titled TC'd Champions
visit http://www.pinehillgsds.com/
In a message dated 5/25/2012 11:38:02 P.M. Eastern Daylight Time,
stormy435@xxxxxxxxx
writes:
Since my last week has been smothered with people on Facebook and
personal emails (not from GSDCA members) about the proposed USDA/APHIS
rule changes, I am curious why there has been so little interest on
the various lists that GSDCA members post or even privately to me. It
is very curious, and I'm at a loss to figure out what's happening.
Somebody help me?
I did post all of the relevant alerts, my own little bit, etc., so it
isn't as if the message didn't go out.
Stormy Hope
GSDCA Legislative Liaison
CaRPOC VP
www.carpoc.org
https://www.facebook.com/CaRPOC.CaliforniaResponsiblePetOwnersCoalition
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