[ SHOWGSD-L ] PLEASE! more information about the proposed APHIS Rule changes for pet Breeders/Sellers
- From: Stormy Hope <stormy435@xxxxxxxxx>
- To: DaList Showgsd-l List <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 30 May 2012 10:16:38 -0700
Here is more information about the proposed APHIS Rule changes for pet
Breeders/Sellers.
Comments are due July 16, 2012 11:59 PM ET and may be submitted by
visiting the Federal eRulemaking Portal at www.regulations.gov/#!documentDetail
;D=APHIS-2011-0003
http://tinyurl.com/7ey5vp3
Pet Breeders are defined as 'retail pet stores" under USDA
Regulations. USDA doesn't "license" retail pet stores, but use those
words to define regular pet stores AND hobby breeders.
1) You (Pet Breeder) are exempt from USDA licensing under current
rules
a) as long as you sell to End Purchaser"
b) you have 3 or less "pet breeding females" and sell only their
offspring
c) "breeding females" are all intact pet females on your property
(note.... these have been the rules since 1971, but not enforced)
2) Under the PROPOSED Rule, to keep that exemption
a) you many have as many pet breeding females as you want
b) as long as EACH and EVERY purchaser previews their purchase in
your residence
3) Under the PROPOSED Rule, you are also exempt
a) as long as you sell to the End Purchaser
b) you have FOUR or less 'breeding female's and sell only their
offspring.
c) "breeding females" are all intact pet females on your property
Because Margo Milde is so good with words, I am including this (with
permission) so you can read the details along with my outline.
Comments are due July 16, 2012 11:59 PM ET and may be submitted by
visiting the Federal eRulemaking Portal at www.regulations.gov/#!documentDetail
;D=APHIS-2011-0003
http://tinyurl.com/7ey5vp3
Earlier today, I posted the following response to a question on a
different list. It's my interpretation of the proposed Rule and waht
it means for breeders (which were the questions of the person I was
responding to). Another NAIA list member also on that other list
emailed me asking that my answer be posted on this list, for comments
or corrections (by Julian or anyone else who wishes to.) Good idea - I
would very much appreciate it, since I have to write something up for
my clubs later this week and don't want to make any errors.
Margo Milde
First, let's note the current AWA regulations: "you" (dog breeder) are
already exempt under the "Retail Pet Store" exemption as long as you
sell to the end purchaser always, regardless if the sale is "sight
unseen" or not. If not every sale is to an end purchaser, you are
still exempt if you have 3 or less "breeding females" and sell only
their offspring.
Under the proposed Rule, to keep the "Retail Pet Store" exemption,
"you" (dog breeder) will be allowed as many breeding bitches as you
wish as long as EVERY purchaser comes to your house to view the
puppies before the sale and/or pick up their puppy after the sale. No
exceptions for any reason. If you comply with this, "you" will still
meet the more limited definition of Retail Pet Store
under the proposed Rule, and be exempted from APHIS licensing.
Note in both cases (current Regs and proposed Rule) the "Retail Pet
Store" is an exemption from APHIS licensing, not a requirement for
APHIS license (there appears to be a great deal of misunderstanding
about this, make sure this sinks in.) If, under the proposed Rule, you
still meet the "Retail Pet Store" exemption, you will not be licensed
as a "Retail Pet Store" under APHIS. APHIS does not license entities
they define as "Retail Pet Stores", be they breeders or actual pet
stores.
However, under the proposed Rule, if even just one very infrequent
sale is made by delivery or shipment to the buyer's home, or by
meeting the buyer at a convenient place for both the breeder ("you")
and the buyer, you will need to be licensed under APHIS (most likely a
Class A Dealer) unless the buyer has already visited your premises
beforehand and viewed the puppy (or puppies.) This includes even
purchasers who have visited your premises on previous occasions
not related to this sale, or already have a previous puppy from you
and feel there is no need to visit again, or even purchasers who
cannot travel to your home but want one of your puppies.
If you can't meet the new Retail Pet Store exemption definition under
the proposed Rule, the exempted number of "breeding females" will be
raised to four (from the current three), meaning that if you have four
or less "breeding females", you will still be exempt from licensing,
even if you do not have every buyer come to your premises in
connection with the sale. Important to note that "breeding female" is
not clearly defined under APHIS regulations; generally, any
intact bitch old enough to breed (most likely 6 months of age or
older), of any age thereafter (including most likely bitches many of
us would consider "too old"), and in a physical condition to breed
(according to the APHIS inspector, not necessarily your definition),
will be counted. Whether or not you intend to breed that bitch that
year, or even ever, is not material. Also to be counted in the "four
breeding females" are intact females of other pet-related species such
as cats, in your premises. Also to be counted in the "four breeding
females" are intact bitches owned by any other member of your
household and kept on your premises, as well as intact bitches there
just temporarily (e.g., you're taking care of your sister's intact
bitch when she's away on vacation or in the hospital).
Finally, under the proposed "four or less" exemption, any puppies you
sell must be offspring of your own bitches on your property. For
example, if your use the "four or less" exemption, you cannot
rehome/sell a puppy obtained as a stud fee, nor "rescue"/rehome dogs
from a kennel whose owner passed away. Under the proposed Rule, you
could do these two examples, however, if you sell only to the
end purchaser, and every purchaser came to your home to view
beforehand or pick up their puppy/dog that they purchased.
Margo Milde
Comments are due July 16, 2012 11:59 PM ET and may be submitted by
visiting the Federal eRulemaking Portal at www.regulations.gov/#!documentDetail
;D=APHIS-2011-0003
http://tinyurl.com/7ey5vp3
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