[ SHOWGSD-L ] SAOVA responds:

Sue Tomlinson <arcturusgermanshepherds@xxxxxxxxx> · Wed, 18 Sep 2013 18:27:56 -0400

*From: *"Sportsmen's and Animal Owners' Voting Alliance (SAOVA)" <
saova_east@xxxxxxxxxxxxxxxxxxx>
*To: *"saova east" <saova_east@xxxxxxxxxxxxxxxxxxx>
*Sent: *Wednesday, September 18, 2013 2:06:13 PM
*Subject: *[SAOVA_East] APHIS Final Rule Revising Pet Seller Exemptions and
You
A SAOVA message to sportsmen, pet owners and farmers concerned about
protecting their traditions, avocations and livelihoods from anti-hunting,
anti-breeding, animal guardianship advocates. Forwarding and cross posting,
with attribution, encouraged.

APHIS Final Rule Revising Pet Seller Exemptions and You

SAOVA Friends,

As  you know by now, APHIS published the Final Rule September 10, 2013
which revises the definition of "retail pet store" under the Animal Welfare
Act (AWA) licensing and regulations. The new definition of retail pet store
means a place of business or residence where the seller, buyer, and animal
are physically present in the same location. Not only dogs, but cats,
rabbits, mice, small exotic animals, and other small pets will no longer be
sold at retail without either public or APHIS oversight.  If you cannot
qualify for the retail pet store exemption in the AWA by selling only
face-to-face, then you must either obtain a federal license or be limited
to 4 or fewer females bred and raised on your premises. This limit of 4 is
an aggregate number of females regardless of species (i.e., 2 dogs, 1 cat,
1 rabbit).

The transaction does not have to take place at the sellers home.  A
meeting place can be set up to transfer the animal. However, everyone needs
to be aware that many municipalities have ordinances restricting sales in
public places and should plan accordingly. It appears APHIS will allow a
third party to be designated as the agent to stand in for the breeder or
buyer in the face-to-face transaction, but this needs additional
clarification.

Anyone selling dogs for hunting, breeding, security purposes, or as working
dogs is excluded from the definition of Dealer and from the definition of
Retail Pet Store.

APHIS held a teleconference to announce the final rule.  If you could not
attend, we urge you to read the transcribed call which is posted at the
SAOVA website http://tinyurl.com/nyb4s5g

In general, APHIS says this rule is driven by purpose of breeding and
method of delivery for the sale; and that their goal is only to end
sight-unseen sales.  However, since breeding programs do not fall into nice
neat categories, and scenarios change from breeder to breeder and species
to species, covering the retail sector with such a regulation creates many
areas of uncertainty for the average breeder.

The list of questions is long:
Can hunting dog kennel owners sell pets
Can breeders ship sight-unseen where relationships have been well
established
Can litters be whelped inside the house
Are rescues still exempt if they ship sight-unseen
Can animals, other than rabbits, be shipped for preservation of the species
Do the APHIS regulations take precedence over state license regulations
How can we believe the answers from APHIS staff who do not understand the
questions
Does APHIS plan to offer any protection for newly licensed breeders so that
kennel photos are not added to the ASPCA puppy mill data base and other
sensationalized uses
If you are reported to APHIS as needing a license, are investigators
required to have a warrant to enter your premises
Is everyone on the same premise required to be licensed if one person must
be licensed

The rule is overly complicated, inconsistent, and certainly not easy to
understand. The internet and chat groups are full of conversation about
this rule with a number of interpretations and a wide variety of opinions
being circulated.  APHIS also posted another Question and Answer Fact Sheet
with their explanations to some of the major concerns submitted during the
rule making process.  Again as last year, the Q&A contains many half,
incomplete, or misleading answers.  The reality is that the final
interpretation of the rule and its definitions will be at the discretion of
APHIS inspectors and staff.

Rather than attempt to analyze the rule and/or interpret how it will impact
hundreds of thousands of breeders in dozens of varying situations well
review what we do know regarding the new rule and current AWA standards.

The Final Rule was published in the Federal Register September 18, 2013 and
is effective 60 days from publication. APHIS plans a phased implementation
of the rule. Kevin Shea, APHIS Director, stated in the teleconference, We
will be trying to identify the facilities that aren't currently licensed
that should be licensed under the rule. We'll be doing this, using publicly
available data - breed registries, advertisements that folks are doing on
the internet, etc., to identify the facilities that we need to approach
about getting licensed.  APHIS is still finalizing their outreach plan
and we will share that information when it becomes available.

The AWA Standards of Care for housing, facilities, exercise, cleaning,
sanitization, employees, housekeeping, and pest control will not be
revised.

Living under USDA licensing is NOT an option for the average home-based
retail seller. The average house cannot be converted to a USDA compliant
facility. Federal standards for licensed facilities dictate sanitation
measures not feasible in a normal home, 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.

We are very concerned about the Q&A section regarding use of your homes.
The answer is disingenuous and we trust those who have read it do not
believe they can continue utilizing their homes once they are licensed.
 The revised APHIS Q&A asks the question: Will regulated breeders who keep
their dogs in their homes have to put them in a kennel?  APHIS answers
generally not and proceeds with a misleading explanation that APHIS will
determine if your home meets their standards; and states that a number of
currently licensed wholesale breeders maintain their animals in their
homes.

IF you can give up a room in your house and convert it to be the moisture
proof, sterile environment described above, AND gain approval from an APHIS
inspector, you may be able to crate or pen animals in that room. This room
would then be for either adults or puppies/kittens but not both. Under the
USDA standards puppies and kittens under 4 months of age cannot be housed
in the same primary enclosure with adults, other than the dam/queen or
foster dam/queen. Since the remainder of your house does not meet the above
requirements, allowing animals to roam freely would cause you to be in
violation of the AWA. And unless your bedroom is coated in epoxy and has a
floor drain, you wont be doing any whelping there.

A separate facility will be needed for females by two weeks prior to
whelping. Even if you make one room in your house compliant with the AWA
standards, females cannot be whelped in that room. That means an additional
room will be required, plus one for each additional litter within the next
3.5 months.

Any room in your home used for whelping or birthing must meet USDA
standards  impervious to moisture  meaning tile floor and vinyl-coated
walls.

All surfaces touched by animals must be waterproof and sterilized every two
weeks with your choice of live steam under pressure, 180 degree water and
detergent with disinfectant, or a combination detergent/disinfectant
product.

You must have a separate food preparation area from your kitchen.

In addition to a written exercise plan and veterinary plan you must now
have an emergency plan that documents your awareness and understanding of
your responsibility to protect your animals in emergency situations.

The USDA license may classify you as a commercial business. You will need
to know the allowed uses for your property in the current zoning and land
use regulations and whether home businesses are allowed. Your property tax
status may be affected and your tax liabilities could change, depending on
state and local laws.

Finally, your information, photos of your property, and inspection reports
will be the subject of Freedom of Information Act requests by activists.
 Inspectors will always write you up for something or it looks as if they
are not doing their jobs, thus giving activists something to read and
complain about.  Activists are not above taking the information out of
context and using it to suit their purposes.

The new rule centers on shipping sight-unseen which at this time presents
unanswered questions, and could target you for investigation as to whether
you need a license.  Until APHIS issues meaningful dialogue on their
intentions and we know how inspectors should interpret the new rule, it
might be best to delay use of commercial shipping if possible.  If you have
more than four females, rely on shipping to keep your program viable, and
have no alternative options, then you will have to contact USDA and ask for
an application kit and begin the licensing process.

When you contact APHIS with questions, record the answers.   If you make
the decision to go forward and apply for a license, record the
conversations and the inspections and have a witness with you during the
pre-licensing process.

It is impossible to predict the full impact and potential damage on
breeders once this rule is actually in place and enforcement begins.  In
the meantime, please do not start reducing your kennels, catteries, and
small businesses, and jeopardize the years of hard work that went into
building your breeding programs.  There is more to learn on this rule and
what can be done so that we can continue to pursue our hobbies, avocations,
and livelihoods.  Many people are working on your behalf and we will not go
down quietly.

Cross posting is encouraged.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators
saova@xxxxxxxxxxxxx

The message above was posted to New Jersey, Pennsylvania, Maryland,
Delaware, New York, and New England residents by the Sportsmen's and Animal
Owners' Voting Alliance (SAOVA) on one of six regional read only elists.

SAOVA is a nonpartisan volunteer group working to protect Americans from
the legislative and political threats of radical animal rightists.  Visit
our website at http://saova.org for this program's goals, methodology and
list signup details.

To unsubscribe from this list, exercise that option at
http://mailman.montana.com/mailman/listinfo/saova_east

SAOVA
PO Box 612, Spencer NC 28159

SAOVA_East mailing list
SAOVA_East@xxxxxxxxxxxxxxxxxxx
http://mailman.montana.com/mailman/listinfo/saova_east

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