Recently recieved a GSPCA Legistative alert I felt was worth posting.
This change in legislation would have a significant impact on non-commercial
breeders. Please take the time to read and take action.
Dear GSPCA Members,
Recently, the United States Department of Agriculture (USDA) released new
proposed changes to the Animal Welfare Act (AWA). If approved, these new
requirements have the potential to affect dog breeders and rescue groups
throughout the country. For this reason, I am contacting all GSPCA members to
make you aware of the proposed changes. The USDA, through the office of Animal
and Plant Health Inspection Service (APHIS), “is proposing to revise its
definition of ‘retail pet store’ to close a loophole that has in some cases
threatened the health of pets sold sight unseen over the Internet and via phone
and mail based businesses.” (APHIS Factsheet)
“The AWA [presently] exempts from federal licensing and regulation ‘retail
pet stores,’ which are defined as anyone selling puppies
directly to a final customer for use as pets. It is this exemption that enables
most small or hobby breeders to currently avoid being licensed and regulated by
the USDA.
The new proposed rule rescinds the exempt “retail pet store” status
of anyone selling pets at retail to buyers who do not physically enter the
breeder’s facilities in order to personally observe the animals available for
sale prior to purchase and/or to take custody of the animals after
purchase. The primary purpose of this rule is to regulate breeders who
sell puppies online. The changes in the rule mean that breeders or others who
sell puppies sight unseen, by any means, would now be regulated under USDA
regulations.
The proposed rule also increases from three to four the number of breeding
females that a person may maintain on his or her premises and be exempt from the
licensing and inspection requirements in the AWA, regardless of how the
offspring are sold.” (AKC Legislative Alert)
The ramifications of these newly proposed regulations are far-reaching and
have the potential to impact many hobby breeders, buyers and (in current wording
submitted by USDA) rescue groups. Contrary to what some of you might have
heard, at this time there is no exemption in the proposed new regulations to
protect rescues from the same fate as dog breeders.
What you can do:
This is a proposed rule change by an agency, not a law that Congress will
vote on, therefore it is imperative that all interested parties go to the USDA
web site and make comments. The comment period is only for 60 days and
APHIS/USDA needs to hear from you. There are many questions, issues, and
problems regarding these new proposals.
Suggestions on how to make comments on the USDA/APHIS web site: Always be
positive and respectful; be sure to separate the different points you wish to
discuss and make separate comments on each point, this will allow each comment
to be filed under the correct category for a future summary of input given to
USDA; prepare your comments before you begin as you will only be given 20
minutes once you open the USDA file; establish your credibility early and
explain how these new regulations will personally affect you; and finally, be
sure to give your name and contact info as all comments will be published in the
Federal Registry. I have been informed that you are allowed to comment as many
times as you wish.
Some suggested talking points in your communications:
The AKC believes, based on its own experience in kennel inspections and
breeding operations, that the Regulatory Impact Analysis provided in the
proposed rule vastly underestimates both the number of individuals who will be
impacted and the expense to occasional breeders to establish commercial-level
facilities. (AKC, American Kennel Club)
Basically the new rules present breeders with few choices: Sell all dogs,
cats, and listed small animals only to buyers who physically enter your
premises, reduce and maintain the number of breeding females to four including
co-ownerships and dogs, cats, etc. shared with family members; OR obtain a
license under the Animal Welfare Act, build a federally compliant facility, and
allow APHIS inspectors to inspect your homes and facilities. (SAOVA, Sportsmen’s
& Animal Owners’ Voting Alliance)
Selling even one pet off premise via shipping, at a friend’s home, at a show,
at a park, will result in loss of an exemption from licensing, placing
limitations on both buyers and sellers. The narrow limits of the exemption
restrict the ability of hobby breeders to work together remotely, sharing
dog/cats from litters in order to implement their breeding programs and/or
increase diversity in their lines. (SAOVA)
The proposed rule change would cause a breed enthusiast to lose their
exemption if 1.) they sold even one dog remotely, even to a repeat purchaser, or
even in a rare breed where consumers and breeders are separated by hundreds or
thousands of miles, or 2.) if they sold even one puppy taken in lieu of a stud
fee or from a co-owned breeding bitch (selling puppies not bred or raised on
seller’s premises. (NAIA, National Animal Interest Alliance)
It has become common practice today for rescue organizations to utilize the
Internet to locate buyers, along with transporting dogs from high volume
shelters to areas with shortages. The newly proposed rules will apply to all
retail sellers of dogs, cats, and small animals without special exemption for
rescue. Rescue organizations would therefore be at risk of losing their current
retail exemption for multiple reasons: 1.) transporting dogs or other animals
for sale to buyers who did not physically visit their primary location; 2.)
selling rescue animals, which are not born/raised on premise thus failing to
meet exemption criteria, 3.) selling animals off premise, i.e. adoption days,
thereby failing again to meet the exemption criteria that buyers must physically
enter business or residence. The proposed rule could end most rescue
organization efforts. (SAOVA)
Sample letter to your U.S. Senator and/or House
Representative:
Dear U.S. Senator/Congressman;
I am writing to voice my concerns regarding the U.S. Department of Animal and
Plant Health Inspection Service (APHIS), otherwise known as the enforcement arm
of the U.S. Department of Agriculture (USDA). Recently, under authority of the
Animal Welfare Act (AWA), APHIS has introduced new regulations that they believe
are needed to protect animals. These suggested changes are motivated by their
concerns regarding the Internet sale of animals. Because of these concerns,
USDA wants to extend licensing requirements to hobby breeders, who were formerly
exempt from licensing. Hobby breeders have traditionally not been required to
be licensed by USDA, housing their dogs, cats, etc. on private property and/or
within their residences.
If these proposed changes are approved, and if a breeder does not want to be
licensed by USDA, they are not allowed to own more than four “breedable” females
(definition of breedable yet to be defined) and can only sell the offspring of
those dogs, cats, etc. that are born and raised on their premises: they must
also never negotiate a sale over the Internet or other written/verbal contacts
not requiring a physical visit by a buyer, including sales to previous clients,
breeders in other parts of the country, international clients, etc.; and they
must allow the general public access to their private property and
residences.
If these requirements cannot be met, for any reason, a hobby breeder will be
required to apply for a USDA license and must comply with USDA facility
standards at considerable expense. Hobby breeders will also have to abide with
all USDA paperwork requirements as well as unannounced inspections that require
them to be on their property at all times.
If hobby breeders in this nation cannot comply with the new
restrictions, or cannot afford to meet the USDA licensing requirements, they
will be fined and/or forced out of business.
Although the reasons given by USDA/APHIS to justify these changes in the AWA
might sound well intentioned, these proposed changes have the potential to do
more damage than good, including additional costs to U.S. taxpayers.
Ironically, while the President’s 2013 budget request calls for a decrease in
APHIS funding by $54 million, USDA has estimated additional enforcement costs
for these new regulations at $2.2. - $5.5 million (based on their low estimates
of hobby breeders they believe will be required to apply for a USDA license).
Considering that there are already numerous local, state and federal laws
regulating dog breeding, it would seem unrealistic and fiscally irresponsible to
add additional burdensome/expensive regulations and costs to the already heavily
regulated dog industry.
Additionally, it is imperative to note that new USDA requirements would
negatively impact interstate commerce, international commerce, rescue
organizations, co-ownership agreements, genetic diversity of bloodlines, and an
individual’s control over their own breeding program and residence. Contrary to
APHIS/USDA claims, these new proposed regulations could have a devastating
impact on hobby breeders and the dog industry throughout our country. For these
reasons, we strongly urge you to contact USDA/APHIS in opposition of their
proposed changes to the Animal Welfare Act.
Thank you for your support,
Name and contact information
Final thoughts;
At the present time, many comments are being made online to the USDA in
support of their proposed changes to the Animal Welfare Act. The only way we
can change or stop these proposed regulations is to make comments online to USDA
and/or contact our US Senators and House Representatives to ask them to
intervene on our behalf. If we don’t speak up now, our viewpoints as dog
breeders/owners will not be heard and we will be left to deal with the
consequences.
Sincerely,
Connie James
Legislation Chairman, GSPCA
