[ SHOWGSD-L ] Re: NAIA comments re: Proposed Import Rules

  • From: edwinx@xxxxxxxxxxx
  • To: Stormy435@xxxxxxx
  • Date: Tue, 6 Sep 2011 23:55:48 +0000 (UTC)

Stormy...I read the attached posts, and I admit I don't fully understand the 
"farm bill', but what little I do understand I don't think I like it......I 
know a woman, lives here, born in Germany, goes there sevel times a year, 
brings dogs back sometimes......I'd love to join her one day.....and as Ken 
said earlier are all these imported dogs ending up in shelters.......I'd love 
to know more...Ed 
----- Original Message -----
From: "Stormy Hope" <Stormy435@xxxxxxx> 
To: "Show GSD" <showgsd-l@xxxxxxxxxxxxx> 
Sent: Tuesday, September 6, 2011 4:21:09 PM 
Subject: [ SHOWGSD-L ] NAIA comments re: Proposed Import Rules 

I have asked Patti Strand and Julian Prager if I could condense their   
responses on the NAIA membership list and send them out.  They have   
given permission.  Also, they will be sending out a more complete   
analysis tomorrow mornng. 
Please do not forward without checking with me first.   Thanks 
Stormy Hope 
GSDCA Legislation Liaison 

~~~~~~~~~~~~~~~~ 

Question:  What's to stop an inspector from stopping a private   
individual coming back from Europe with a single puppy? How would the   
individual prove that the puppy was not for resale? 


This was part of the farm bill and it applies to everyone importing a   
dog for resale.  Under the law, getting more than minimal   
consideration is a resale. Since things other than money count as   
consideration (things like being able to save more animals and reduced   
euthanasia levels) even if a shelter were not making money off the   
transfer, they might be receiving consideration for the transfer.   
Also, small individual sales can added up to more than de minimus   
actual consideration by their cumulative effect. The fact that HSUS   
isn't considering this does not make this a bad definition. They are,   
I believe, legally wrong. 

The rule being defined implements the farm bill from the past session   
of Congress. While this is the law, it cannot be implemented without   
the required regulations that implement the law. USDA has not said   
that this is the final version - it is their final proposal for which   
they are soliciting comments. We need to provide rational comments to   
shape the regulations. 

Julian 

I agree that the regulations should contain a specific mechanism, by   
whatever mechanism it is described, to clarify the right of   
individuals to import dogs for their own use and not for resale. The   
regulations are exactly the place that a provision to do that belongs.   
USDA and APHIS are not interested in impeding people who want to   
import a dog for their own use, but how that is to be ensured needs to   
be clear in the regulations. 

That is why it is important that during the two month comment period   
individuals write focused comments to enable them to properly flesh   
out these regulations. These regulations will implement a law that   
should reduce the import of puppies into the continental U.S. for   
resale (as defined) and thereby increase the pressure on shelters to   
place the dogs they already have rather then euthanize them because   
they have "cuter" imports available. It will reduce the introduction   
of diseases into the country that both endanger our agricultural   
interests and create danger to the human population thorough the   
transfer of zoonotic diseases. When the appropriate language is added   
based on our comments, it will ensure that individuals importing for   
their own use will not be burdened by unnecessary restrictions on   
their right to import dogs as provided for in the existing law. 

We all should be commenting on the need for this language and suggest   
ways in which this can be done. While sometimes paranoia reflects a   
real attempt of someone to harm you, in this case I think its just the   
regulatory process moving along. We have an opportunity to affect the   
final regulations and we should be concentrating on the minor language   
changes needed to ensure our protection and not oppose good   
regulations to enforce good legislation. The law exists and need   
regulations in order to have effect. While the regulations can only be   
designed to implement the laws already passed, we have a potential   
opportunity here to make further progress by working on future   
Congressional legislation." 

One or two dogs brought into the country should not raise a red flag.   
Some have suggested a "de minimus exception." Simply requiring a sworn   
statement by the individual or group bringing the dog in that it is   
not intended for resale as defined in the act could do it. Anyone   
providing such a statement who resells the dog would be committing a   
crime (or more than one, depending on how they want to prosecute it).   
That would not be a hassle for an individual bringing in their own   
import to use in breeding, for performance, hunting or any other   
personal use. But it would raise questions if 14 dogs under 6 months   
were imported by the same person at the same time. Other processes may   
work as well. We need to let them know our concerns and suggest ways   
to address them. 

Julian Prager 

~~~~~~~~~~~~~~~~~~ 

Julian is exactly correct. The plain language of 
the Farm Bill states the intent - and that is to 
prevent dogs under 6 months of age from coming 
into the country for resale. Right now, the 
agency is seeking comments about how to implement 
this intent in the best possible way. They don't 
want to stop dogs that US citizens are purchasing 
for their own use, just the importation of dogs 
for the purpose of transfer for more than de 
minimis consideration to another. This will 
affect the Eastern European shipment of dogs to 
middlemen in the U.S. pet industry, and dogs that 
are being brought in for transfer to consumers of 
the shelter/rescue pet trade. We'll elaborate on 
the issue more next week. Meantime, everyone 
should be reading the actual statute (it was 
attached to our earlier article), and preparing 
to write up their concerns, (urging them to 
protect people who are importing for their own 
use, urging them to include in the definition of 
resale the dogs that are being imported from 
foreign countries and offshore territories for 
the shelter/rescue pet trade, etc.) and 
specifically requesting that these concerns be 
addressed more clearly in the final rule. That is 
what the comment period is for. If the agents on 
the ground don't have clear directions from the 
rule that implements the language and intent of 
the Farm Bill, we'll all be screaming at 
them. They are NOT trying to pull one over on 
us, they are asking us to help them get it right. 
Remember, this is a proposed rule, not a final 
rule. We have 60 days to comment. 
Patti Strand 
~~~~~~~~~~~~~~~~~~~ 

There's no way to guarantee that a pup is going to grow up to fulfill   
the expectations of breeder and owner. 
Say I import a 12 week old pup, intending to show him and use him on   
bitches I own. At 5 months his bite goes off, and I wait until he is   
10 months hoping it will correct, but it doesn't. I can't keep an   
infinite number of dogs, and there is someone in my book club who   
loves this breed and would like to have him as a pet, so I have him   
neutered and plan for his transition to his new home. But because I   
imported him at less than six months of age, intending to keep him for   
my own use, the only legal option is to GIVE this dog away, with no   
opportunity to recover any of my costs of buying him or even of   
neutering him. Is this a reasonable consequence to impose on fanciers   
who invest in importing a puppy for their own use - if the dog doesn't   
turn out, my only options are to keep him or give him away? 


~~~~~~~~~ 
The thing that initially got the agencies 
attention was the increase in dogs imported into 
the US for the pet trade between 2001 and 
2006. For example, one importer alone brought in 
more than 4,000 of 10,000+ dogs shipped through 
O'Hare in 2006, 51% of the total without health 
certificates. If you go back 10 years, there was 
virtually no importing for the pet trade. US laws 
have considered dogs a companion animal, not a 
commodity like livestock, so there are no laws to 
deal with these changes in the global 
marketplace. Hopefully, the fact that the people 
importing dogs for resale (including dogs for 
adoption) bring in a constant stream of dogs, 
will enable the agencies to figure out how to 
distinguish them from citizens bringing in dogs for their own use. 

When you write your comment letter describe your 
scenario as a breeder and ask them to draft 
language that will safeguard your right to 
continue to import dogs for your breeding 
program. Explain that breeders sell dogs that 
don't work out in their programs but as a breeder 
it would not be your intent to import for 
resale. Just spell it out. I can assure you its 
not their intent to snag you, but as been pointed out, it's our job to   
bring 
clarity to the drafting of the rules. 

We need new laws in this area. We just need to get the rules drafted   
carefully. 
Patti 
~~~~~~~~~~~~ 
The intent when the dog is imported is the controlling factor. No   
shelter is going to bring in a puppy, keep it for several months and   
then sell it - it would not be cost effective. If after five or six   
months the dog has not turned out, I would document the reason and   
then sell it. Of course, we could also ask that a minimum period be   
placed in the regulations before a transfer could be made for   
consideration and if held that length of time it would be presumptive   
evidence that the dog wasn't brought in for resale. 

There are solutions for all these issues, we just have to let USDA   
know what the issues are and suggest solutions. 
~~~~~~~~~~~~~~~~~ 
I think the thing that disturbs me the most is that "Sale" does not   
include (or seem to include) shelters importing animals from overseas   
and/or Puerto Rico. I don't care if it comes in on a private plane, or   
commercial flight, I want animals coming in from overseas to have   
health certificates and properly administered vaccinations! I guess   
the other thing I want is for, at least APHIS to recognize that   
shelter "adoptions" are sales by any other name. 
~~~~~~~~~ 

We are hopeful that the language in the Farm 
Bill, which defines a sale as a "transfer for 
more than de minimis consideration" will cover 
the rescue/shelter imports. Please write what 
you've stated below in your comment to 
APHIS. They need to hear this from as many people as possible. 
Patti 
~~~~~~~ 

The definition of "resale" is very broad and clearly covers what   
shelters and rescues call adoptions. Section 14210 of the AWA defines   
resale in reference to the importation of dogs as follows: 

RESALE - The term �resale� includes any transfer of ownership or   
control of an imported dog of less than 6 months of age to another   
person, for more than de minimis consideration. 

That seems to cover pretty much anything a shelter or a rescue can do.   
It means no more cute little puppy imports to fill the coffers of   
shelters while the dogs here are euthanized for lack of effort to get   
them placed or to educate the public. 
~~~~~~~~~~~~~~~ 

It will limit the total number of dogs coming in, 
identify the people involved in the trade and 
provide real penalties for those who violate the 
requirements. It could have a huge impact on 
middlemen, the pilots and truck drivers who move 
these dogs. The proposed rule is limited in 
scope, but it opens the door to much larger 
issues and provides needed improvements for all 
imports that are at least 6 months old. To deal 
with the subject fully we'll need our own legislation. 
Patti 
~~~~~~~~~~~~~ 


url for comments 

http://www.regulations.gov/#!documentDetail;D=APHIS-2009-0053-0001 

http://tinyurl.com/3tfx4ma 
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POST is Copyrighted 2011.  All material remains the property of the original 
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind 
are permitted without prior permission of the original author AND of the 
Showgsd-l Management. ALL RIGHTS RESERVED. 

Each Author is responsible for the content of his/her post.  This group and its 
administrators are not responsible for the comments or opinions expressed in 
any post.

ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY 
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS 
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY 
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE 
PROSECUTED. 

For assistance, please contact the List Management at admin@xxxxxxxxxxx

VISIT OUR WEBSITE - http://showgsd.org  
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