[ SHOWGSD-L ] Re: PAWS
- From: Pinehillgsds@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Wed, 29 Jun 2005 11:16:48 EDT
Ok, I did my own reading. There has been a lot of misinformation and
hysteria over to bill that has been flowing into my mailbox. Here is a link to
analysis of the bill by Dr. James Holt, AKC's federal government relations
consultant.
_http://www.akc.org/news/index.cfm?article_id=2525_
(http://www.akc.org/news/index.cfm?article_id=2525)
There are three exemptions to being under the regulation of the USDA:
It brings under federal regulation persons who import dogs and/or sell dogs
at retail who do not meet one of three exemption criteria: (1) they sell 25
or fewer dogs per year; (2) they sell only dogs or cats which they bred or
raised on their own premises and whelp 6 or fewer litters per year; or, (3)
they
meet the statutory definition of a retail pet store. Note the use of the word
"or" in the statute. A toy breeder, for example, who sells 25 or fewer dogs
per year would not be a dealer, even if they whelped more than 6 litters.
(Conversely, if a GSD breeder whelped and sold 6 litters totally 40 puppies,
they would NOT be subject to USDA regulation.)
and, for those concerned with co-ownerships:
With respect to co-breeders and co-owners, the USDA defines as the seller of
a dog the person who operates the premises from which the dog is sold, not
other co-owners or co-breeders. Analogizing from current regulations, the
puppies sold from the premises of each party would be attributed to that party.
Puppies sold from the premises of one co-breeder would not be attributed to the
other co-breeder.
in addition:
It is important to note that current law does not contain any exemption for
hobby and show breeders. Hobby and show breeders are exempt from licensing
based on the "retail pet store" statutory exemption, coupled with the USDA's
regulatory interpretation that any person who sells dogs exclusively at retail
is a retail pet store. Thus, hobby and show breeders are currently exempt from
regulation solely by virtue of being classified as retail pet stores. While
the USDA has interpreted the term retail pet store broadly in regulation for
the more than 30 years since the enactment of this exemption, it is just a
regulatory interpretation, and it could be changed simply by the USDA writing
and justifying a new regulation.
**************************************************
I have to tell you; I don't have a huge problem w/ the bill. If someone had
7 litters a year they were selling from their property and fell under UDSA
regulation, (forget co-ownerships...see above), that's more than a "hobby";
that's a JOB. It appears to me, that by changing a definition (retail stores)
and/ or enforcing current legislation, we "hobby breeders" could be in a heap
of trouble WITHOUT new legislation being passes. Yes, I understand the "nose
under the tent" logic, but re-read the "retail pet store" definition.
That's what (apparently) is protecting hobby breeders now, and it's weak
protection IMO. BTW, if you read the last line of the analysis, State law,
where
stricter, will prevail. I can't think of too many states that wouldn't
require
kennel licenses WAY before this bill would trigger them, so that's IMO a non
issue.
As always, solely my opinion, but I'm glad I read the analysis and didn't
succumb to the many hysterical posts I'm getting.
Kathy
Three generations of Dual Titled Champions live here!
visit _Pine Hill German Shepherd Dogs_
(http://www.geocities.com/pinehillgsds/)
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