Breeding female: per the PDF "female? A. Only female animals with the capacity to breed are considered “breeding females.” Females that an APHIS inspector decides cannot breed due to age, infirmity, illness, or other issues are not considered “breeding females.”
More importantly "Q: How will USDA identify breeders who may need to be regulated? A: APHIS will use various methods to access publicly- available information to identify and inform those individuals who may need an AWA commercial breeding license. These methods include evaluating customer complaints against breeders and Internet retailers, as well as reviewing the marketing and promotional materials of breeders and Internet retailers. In addition, we will review public information available online to identify sellers that potentially meet the definition of commercial breeder in the AWA. By viewing publicly available information, APHIS can educate individuals about the AWA, and if needed, assist them with obtaining licenses. This will ensure that all animals that should be covered by the AWA will receive humane care and treatment.
It looks like they will focus on online retailers. Complaints seem to be the major mechanism for enforcement.
So if someone like a certain computer programmer here were to import a pup and then "resell" (Hana? Sachi? Kaiju? Nami? Kitora? Kilbo? Tyson?), this "4 female" exemption would not apply. Someone like him would need to get a license and open himself up to inspection.
The thing with licensing and inspections is that you can't count on a neutral inspector. With the USDA undermanned as they are, they're outsource to volunteer groups like HSUS and activists. ie. people who are leading the mindset that there's no such thing as a responsible breeder.
If it's largely internet based would a solution to have an adoption fee that covers the care the animal has recieved for x amount of time? At least your site wouldn't be flagged for selling pups. Just adoptions
No matter if you use the term "sell" or "adopt", the face-to-face rule still applies for folks who are not under government jurisdiction (ie. state, county, city, and contract shelters).
Q. How will the final rule affect rescue groups that participate in off-site adoption events?
A. People who engage in face-to-face transactions at a place other than their premises, which include offsite adoption events, are considered to be subject to public oversight. As a result, they do not need to obtain a license.
Q. What does the final rule mean for State, county, or city owned and operated pounds, and shelters, as well as humane societies and other organizations that operate under a contract with those jurisdictions?
A. The f nal rule has no effect on these entities. These agencies and organizations are not regulated under the AWA as long as all of their activities are under the jurisdiction of the municipality, township, city, county, or state and do not fall under APHIS regulation.
Q. Under the final rule, what is the new definition of a retail pet store?
A. In the final rule, "retail pet store" means a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of it after purchase. By personally observing the animal, the buyer is exercising public oversight over the animal and in this way is helping to ensure its health and humane treatment. Retailers who sell their pet animals to customers in face-to-face transactions do not have to obtain an AWA license because their animals are subject to such public oversight.
Okay, so the buyer, seller, and animal have to be present at the retail location (breeder's home). Got it.
Q. Do sellers who breed pets at their residences have to allow buyers into their homes in order to be considered a retail pet store?
A. No. The regulation allows for sales to take place at any location agreed upon by the seller and the buyer. This could be a home but it could also be another mutually agreeable location.
... What? Conflicting answer.
Also, how does agreeing to meet off site (if it really is allowed) ensure the animal's living conditions at the retail location are humane and subject to public oversight?
Q. If a person cannot personally observe an animal before buying it, can someone else stand in?
A. Yes. Some commenters to our proposed rule noted that it would be difficult for certain people—for instance, foreign, disabled, or elderly customers—to personally observe the animals they wish to buy. We consider the buyer of a pet animal sold at retail to be the person who takes custody of the animal after purchase, even if this person is not the ultimate owner of the animal. This person cannot, however, be a commercial transporter or intermediate handler.
Okay, so I just need some local friend to "buy" the dogs and take them from my home for transport to their real owners. Uhm, okay... Wait, what was the point again?
Isn't anyone who takes the dog from the breeder to the new owner an intermediate handler? They don't define it...
Q. Under the final rule, what constitutes a breeding female?
A. Only female animals with the capacity to breed are considered "breeding females." Females that an APHIS inspector decides cannot breed due to age, infirmity, illness, or other issues are not considered "breeding females."
Read: All intact females are breeding females unless the inspector is in a good mood. There are no rules for it, only whatever the inspector decides. If you get to the point of needing inspection, they've already decided you need a license...
Q. Does this final rule bring working dogs sold at retail under regulation?
A. Working dogs are generally understood to be dogs that are not sold for use as pets but for purposes such as hunting, breeding, and security. Dogs sold at retail for these purposes do not come under regulation under the AWA.
It doesn't address "dual purpose" dogs which are both working dogs and companions. It does not seem to include service, therapy, or performance as working dogs.
Q. Will APHIS require working dog breeders to be regulated if they occasionally sell an animal as a pet that has proved unsuitable as a working dog due to birth defects, poor temperament, or other flaws?
A. Individuals who intend to breed and sell dogs at retail as working dogs may occasionally raise a dog that lacks the characteristics that would enable it to be sold or used for its intended working purpose. As long as the individual originally intended to raise and sell the dog at retail for that purpose and the individual continues to market his or her dogs for that purpose, the individual could sell the individual dog at retail without needing to be regulated by APHIS.
Oh joy, we're regulating intent now. This doesn't make things muddy at all!
Q. Will regulated breeders who keep their dogs in their homes have to put them in a kennel?
A. Generally not. The AWA regulations define a "primary enclosure" to mean any structure or device used to restrict animals to a limited amount of space—which means that a home can be considered a dog’s primary enclosure. If a room of a house is used as a dog’s primary enclosure (for instance, a whelping room or nursery), AWA regulations and standards apply to that room.
However, if a dog breeder allows his or her dogs to have free run of the entire house, we have to determine whether the home can house the animals within AWA standards. If the breeder has a kennel or cages that the dogs can stay in inside the home that meet AWA standards, the breeder has satisfi ed the primary enclosure requirements. A number of currently licensed wholesale breeders maintain their animals in their homes.
This is good news at least.
Q: How will USDA identify breeders who may need to be regulated?
A: APHIS will use various methods to access publicly available information to identify and inform those individuals who may need an AWA commercial breeding license. These methods include evaluating customer complaints against breeders and Internet retailers, as well as reviewing the marketing and promotional materials of breeders and Internet retailers. In addition, we will review public information available online to identify sellers that potentially meet the definition of commercial breeder in the AWA. By viewing publicly available information, APHIS can educate individuals about the AWA, and if needed, assist them with obtaining licenses. This will ensure that all animals that should be covered by the AWA will receive humane care and treatment.
Big Brother is watching your Facebook page. *snicker* But in all seriousness, posts and discussions on this forum may become a liability for the breeders. Even things like forum signatures -- mine looks like I have more than 4 dogs for example.
So if someone like a certain computer programmer here were to import a pup and then "resell" (Hana? Sachi? Kaiju? Nami? Kitora? Kilbo? Tyson?), this "4 female" exemption would not apply. Someone like him would need to get a license and open himself up to inspection.
The thing with licensing and inspections is that you can't count on a neutral inspector. With the USDA undermanned as they are, they're outsource to volunteer groups like HSUS and activists. ie. people who are leading the mindset that there's no such thing as a responsible breeder.
And reading this, I think you've really captured something in the last paragraph that I was thinking about as I read these laws. The law is the USDA being caught between two large special interest groups with lots of money: HSUS who are agains any breeders, and the interests of the commercial breeder who doesn't want anything to interrupt the bottom ($) line. so they end up with laws like this, that don't fix the problems with problem breeders, but do cause problems for good (hobby) breeders. Granted, the USDA has never had any interest in really preventing abuse in commercial breeders--they're just regulating livestock.
Offtopic, but...@PoeticDragon....people don't want brindles??!! Hard to believe! I'd love a brindle, but have kind of given up on getting a brindle AA because they end up going to show homes.....Of course, I've also never really got a choice on color on dogs I've bought....the breeder always has picked the dog for me.
Excerpts from the main doc (it's long but I'm making my way through it!)
A seller who sells over the Internet could still be considered a retail pet store provided that, before the buyer takes custody of the animals purchased, the seller, buyer, and animals have been physically present in one location so that the buyer may personally observe the animals.
A number of commenters suggested that, if the term “total” is meant in a partitive sense (i.e., four or fewer breeding female dogs, four or fewer breeding female cats, four or fewer breeding female small exotic or wild mammals), the sentence should be amended to make this clear.
The exemption refers to the aggregate number of female dogs, cats, and/or small exotic or wild mammals on the premises who are bred and whose offspring are sold as pets.
If the breeding females [which are retired and sold to a pet home] were not born and raised on the premises, the seller does not qualify for this exemption regardless of the number of breeding females they maintain.
Just a heads-up that the CFA warns that the USDA releases and conference call summaries should not be relied upon. (Historically, the USDA has not been clear.)
The final 91 page docket (to be released later this week) is what should be looked at.
The OIG audit had heavily redacted statements made by former Secretary of Agriculture Ann Veneman in DDAL v. Veneman in order to suggest that Internet sellers need to be licensed. The commenter provided Secretary Veneman’s full transcript, which stated that oversight is necessary but is already being exercised by breed and registry organizations. The commenter concluded that APHIS had either taken these statements in the report out of context or relied on statements that were taken out of context in order to justify the proposed rule, and that this was tantamount to legal dishonesty.
“Any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum, or other parts) for research, teaching, testing, experimentation, exhibition, or for use as a pet, or any dog at the wholesale level for hunting, security, or breeding purposes. This term does not include: A retail pet store, as defined in this section; any retail outlet where dogs are sold for hunting, breeding, or security purposes; or any person who does not sell or negotiate the purchase or sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of the animals other than wild or exotic animals, dogs, or cats during any calendar year.”
So if I were to adopt out a rescue dog (neutered pet), I would be defined as a dealer. If I were to re-home a potential breeding dog that I purchased into a pet home, I would be defined as a dealer. If I were to re-home a dog that I purchased into a show home (exhibition), I would be defined as a dealer? If I were a wholesaler (big mill), I would be a dealer if I sold a dog as a breeding dog.
However, as a retailer, if I were to re-home a dog that I purchased into a breeding home, the new rules wouldn't apply?
2. "Retail Pet Store"
We proposed to revise the definition of retail pet store so that it would mean “a place of business or residence that each buyer physically enters in order to personally observe the animals available for sale prior to purchase and/or to take custody of the animals after purchase, and where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic ferrets, domestic farm animals, birds, and coldblooded species.”
The key word here is "pets" being sold. Not future breeding dogs but pets. Consider though that the discussion says that dogs bred for agility are considered pets and so agility breeders would be classified as "Retail Pet Stores."
3. Not dealer, not retail pet store.
Key to understanding this, I think, is on pg. 24-25.
A person who sells and ships animals at retail for breeding purposes is not considered a dealer and thus not subject to licensing. Such persons could continue selling at retail and shipping animals sight unseen as long as the animal is used for breeding purposes and not for any of the six purposes listed under the definition of dealer in §1.1.
Having read the entire 91 pages (phew!) my statements in the original post still stand.
I was hopeful, but the "breeding and working dog exemption" does not seem to apply -- in fact if I read it correctly it is almost impossible to get the breeding/working dog exemption. It clearly states that if a seller sells dogs for multiple purposes, and any of those purposes are for pet or exhibition, that he is not eligible for the exemption. Even one pet or show dog sale would require licensing. Moreover, it does not allow for individual dogs which have multiple purposes; that is to say, because most breeding/working dogs are ALSO pets, they count as pet sales. Only working dogs which live out their lives as livestock and "equipment", never to see a house or know human companionship, are exempt. Even then, some of those dogs may not qualify, if they are used for exhibition.
That the document states the buyer is not necessarily the owner, but is the person who picks up the dog from the seller. Therefor, a proxy or intermediary can complete the face-to-face transaction and allow the seller to remain exempt. However, in the next "breath" it goes on to say that carriers and intermediary handlers do not qualify. It does not explain what an "intermediary handler" is, but I cannot think of what any proxy would be BUT an "intermediary handler."
I had a bunch of other complaints about it while talking it over with my husband, but the highlights have been hit.
A. Working dogs are generally understood to be dogs that are not sold for use as pets but for purposes such as hunting, breeding, and security. Dogs sold at retail for these purposes do not come under regulation under the AWA.
Unless I'm missing something, seems like an easy out for puppy millers to classify their dogs' work as "breeding" and never require their puppies be neutered.
On FB, that's what being interpreted. The wholesalers are still captured, but the ones that fit the "Retail Pet Store" would have that out.
ie. Don't sell any dogs on spay/neuter pet contracts because then the licensing requirement kicks in if you sell both exempt and non-exempt dogs on the premise. Sell all as breeding dogs.
I do find this document to be really hard to digest. Honestly, I really feel that none of us are qualified to interrupt these rules. While I do feel that the four intact female rule is the key to this... I am even hesitant to suggest it.
My gut tells me that this is aimed at websites like Petfind and etc. I'm hoping that a larger breed organization will pay for an attorney that specializes in this stuff to weigh in on the subject.
Having read the entire 91 pages (phew!) my statements in the original post still stand.
I was hopeful, but the "breeding and working dog exemption" does not seem to apply -- in fact if I read it correctly it is almost impossible to get the breeding/working dog exemption. It clearly states that if a seller sells dogs for multiple purposes, and any of those purposes are for pet or exhibition, that he is not eligible for the exemption. Even one pet or show dog sale would require licensing. Moreover, it does not allow for individual dogs which have multiple purposes; that is to say, because most breeding/working dogs are ALSO pets, they count as pet sales. Only working dogs which live out their lives as livestock and "equipment", never to see a house or know human companionship, are exempt. Even then, some of those dogs may not qualify, if they are used for exhibition.
That the document states the buyer is not necessarily the owner, but is the person who picks up the dog from the seller. Therefor, a proxy or intermediary can complete the face-to-face transaction and allow the seller to remain exempt. However, in the next "breath" it goes on to say that carriers and intermediary handlers do not qualify. It does not explain what an "intermediary handler" is, but I cannot think of what any proxy would be BUT an "intermediary handler."
I had a bunch of other complaints about it while talking it over with my husband, but the highlights have been hit.
Did you notice this in the factsheet?
Under our previous regulations, we considered breeders who owned up to three breeding females (dogs, cats, or small exotic or wild mammals) to be hobby breeders, who provide sufficient care to their animals without our oversight. Based on a recent review of compliance among facilities we regulate, we believe that even with the addition of another breeding female, these hobby breeders are likely to conform to minimum AWA standards.
Hobby breeders should remain aware, however, that they are exempt from AWA regulation only if they sell the offspring of animals born and raised on their premises for pets or exhibition. They may sell these animals at retail or wholesale without being regulated.
Like I said earlier I can't wade through the 91 pages document but I do find the factsheet interesting. How do you read the above statement?
@poeticdragon I'm lost at your response. It appears to me that the meat and potatoes of the document is found here:88-91 The rest of the document appears to be rationale on the changes. I am having trouble finding the clause in the regulation that says you are not exempt if you sell 1 dog site unseen on the internet.
PART 1--DEFINITION OF TERMS 1. The authority citation for part 1 continues to read as follows: Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 2. In § 1.1, the definitions of dealer and retail pet store are revised to read as follows: § 1.1 Definitions. ***** Dealer means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum, or other parts) for research, teaching, testing, experimentation, exhibition, or for use as a pet; or any dog at the wholesale level for hunting, security, or breeding purposes. This term does not include: A retail pet store, as defined in this section; any retail outlet where dogs are sold for hunting, breeding, or security purposes; or any person who does not sell or negotiate the purchase or sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of animals other than wild or exotic animals, dogs, or cats during any calendar year. ***** 88 Retail pet store means a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of that animal after purchase, and where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic ferrets, domestic farm animals, birds, and coldblooded species. In addition to persons that meet these criteria, retail pet store also includes any person who meets the criteria in § 2.1(a)(3)(vii) of this subchapter. Such definition excludes— (1) Establishments or persons who deal in dogs used for hunting, security, or breeding purposes; (2) Establishments or persons, except those that meet the criteria in § 2.1(a)(3)(vii), exhibiting, selling, or offering to exhibit or sell any wild or exotic or other nonpet species of warmblooded animals (except birds), such as skunks, raccoons, nonhuman primates, squirrels, ocelots, foxes, coyotes, etc.; (3) Any establishment or person selling warmblooded animals (except birds, and laboratory rats and mice) for research or exhibition purposes; (4) Any establishment wholesaling any animals (except birds, rats, and mice); and (5) Any establishment exhibiting pet animals in a room that is separate from or adjacent to the retail pet store, or in an outside area, or anywhere off the retail pet store premises. ***** PART 2--REGULATIONS 3. The authority citation for part 2 continues to read as follows: 89 Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 4. Section 2.1 is amended as follows: a. By revising paragraph (a)(3)(i); b. In paragraph (a)(3)(ii), by removing the words ''to a research facility, an exhibitor, a dealer, or a pet store''; c. By revising paragraphs (a)(3)(iii) and (a)(3)(vii); and d. In the OMB citation at the end of the section, by removing the words ‘‘number 0579- 0254’’ and adding the words ‘‘numbers 0579-0254 and 0579-0392’’ in their place. The revisions read as follows: § 2.1 Requirements and application. (a)* * * (3)* * * (i) Retail pet stores as defined in part 1 of this subchapter; ***** (iii) Any person who maintains a total of four or fewer breeding female dogs, cats, and/or small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who sells, at wholesale, only the offspring of these dogs, cats, and/or small exotic or wild mammals, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license. This exemption does not extend to any person residing in a household that collectively maintains a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals, regardless of ownership, nor to any person maintaining breeding female dogs, cats, and/or small exotic or wild mammals on premises on which more than four breeding female dogs, cats, and/or small exotic or wild 90 mammals are maintained, nor to any person acting in concert with others where they collectively maintain a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals regardless of ownership; ***** (vii) Any person including, but not limited to, purebred dog or cat fanciers, who maintains a total of four or fewer breeding female dogs, cats, and/or small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who sells, at retail, only the offspring of these dogs, cats, and/or small exotic or wild mammals, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license. This exemption does not extend to any person residing in a household that collectively maintains a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals, regardless of ownership, nor to any person maintaining breeding female dogs, cats, and/or small exotic or wild mammals on premises on which more than four breeding female dogs, cats, and/or small exotic or wild mammals are maintained, nor to any person acting in concert with others where they collectively maintain a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals regardless of ownership. *****
Limit is still 4 breeding (breedable) females of the listed species. They used the term "hobby breeder" in response to the feedback that they received, but it's not a recognized catagory.
If a hobby breeder sells a pup/dog *not* born on their premise, they fall under the "dealer" definition, which seems to have its own set of rules/licensing. (Dealer rules/licensing is not the focus of this document.)
If a hobby breeder sells a pet/exhibition pup/dog born on their premise *and* has more than 4 breedable females, there needs to be a in-person visit by the buyer or USDA licenses.
@*JackBurton* If you sell one dog sight unseen AND maintain more than 4 breeding females you are not exempt. The four breeding female rule is the exception to almost everything so I wasn't discussing that.
If someone has four or fewer intact female animals they can safely ignore this entire forum topic and regulation UNLESS they sell any dog that was not born and raised on premises. This includes dogs imported from Japan (eg. retired breeding stock), any "puppy back" from stud services, and POSSIBLY puppies born at a vet's office. It is up to the discretion of the inspector whether to allow puppies born off-site, including at a vet, to be classified as exempt sales. By default, without the inspector giving you a free pass, selling puppies born at a vet's office will cause you to lose exempt status.
Some interesting things about how many breeding females you "maintain."
- There is no defined minimum or maximum age or health requirement. All intact females are considered breeding females until the inspector decides otherwise.
- The burden of proof that a female is not intact falls upon the seller. All females are considered to be intact until proven otherwise.
- The total sum of intact female animals of any species which the AWA protects is what counts. You may not have four intact female dogs and four intact female cats and remain exempt.
- Maintenance of a breeding female is directly related to residency, not ownership. Females that you have no ownership stake in but which are "collectively maintained" at your premises will count against you.
- Residency is not well defined. It states that even temporary residence counts as "maintenance," but it does not indicate how temporary. Does taking my dog to another breeder's house to be bred count as residency? What if she doesn't stay the night? What if she stays 10 nights?
- The limit on the number of breeding females is based on premises. If you have multiple premises, you may have four breeding females at each. Owning or co-owning an intact female that doesn't live with you will not count against your premises but she will count against the premises at which she resides.
Unfortunately we don't have a good definition of residency, so taking advantage of the last one may be difficult. Note, however, that if you wish to sell puppies from a bitch that lives with someone else, she must come back to your house to whelp and nurse them. If she does not, then only the person she lives with can sell those puppies and remain exempt.
I don't really want to add to the hysteria over this, which is why I've not commented.
However, I did want to say that, without the cooperation from the community (keeping intact dogs), this could potentially destroy the efforts to preserve the very rare NK breeds in this country as it will severely limit the efforts of any one single person (breeder).
One weird thing I found was in the fact sheet section about estimating costs and profits of this new rule.
Q. How much will it cost for newly regulated breeders for licensing, identification tags, and recordkeeping?
A. For a typical dog breeder with 6 breeding females and a total of 74 dogs on the property over the course of a year, we estimate that the typical annual cost for licensing, identification tags, and recordkeeping would be between about $284 to $550 or from about $4 to $7.50 per dog.
I find it interesting because of the number of dogs estimated to be on the property over the course of the year. Unless those 6 brood bitches magically produce nothing but male puppies, some of those 74 dogs will be female. Yet they will be intact at birth and breedable until an inspector decides otherwise...
This is probably just yet another inconsistency, but I still found it worth drawing attention to.
@brada1878 my thoughts exactly. For rare breeds that are already constricted by the limited number of breeders, this legislation really cripples any preservation effort.
There was also a line talking about preserving a bloodline. I would think that the rare breeds could fall under that.
I saw that part..so shouldn't that at least be some good news for the rare breeds like Kai @brada1878? If they don't fall under that category, I don't know which breeds do..
Comments
A. Only female animals with the capacity to breed are considered “breeding females.” Females that an APHIS inspector decides cannot breed due to age, infirmity, illness, or other issues are not considered “breeding females.”
More importantly "Q: How will USDA identify breeders who may need to be regulated?
A: APHIS will use various methods to access publicly- available information to identify and inform those individuals who may need an AWA commercial breeding license. These methods include evaluating customer complaints against breeders and Internet retailers, as well as reviewing the marketing and promotional materials of breeders and Internet retailers. In addition, we will review public information available online to identify sellers that potentially meet the definition of commercial breeder in the AWA. By viewing publicly available information, APHIS can educate individuals about the AWA, and if needed, assist them with obtaining licenses. This will ensure that all animals that should be covered by the AWA will receive humane care and treatment.
It looks like they will focus on online retailers. Complaints seem to be the major mechanism for enforcement.
The thing with licensing and inspections is that you can't count on a neutral inspector. With the USDA undermanned as they are, they're outsource to volunteer groups like HSUS and activists. ie. people who are leading the mindset that there's no such thing as a responsible breeder.
http://www.aphis.usda.gov/newsroom/2013/09/pdf/faq_retail_pets_final_rule.pdf
RESCUE GROUPS AND POUNDS
Q. How will the final rule affect rescue groups that
participate in off-site adoption events?
A. People who engage in face-to-face transactions at
a place other than their premises, which include offsite
adoption events, are considered to be subject to
public oversight. As a result, they do not need to
obtain a license.
Q. What does the final rule mean for State, county,
or city owned and operated pounds, and shelters,
as well as humane societies and other
organizations that operate under a contract with
those jurisdictions?
A. The f nal rule has no effect on these entities.
These agencies and organizations are not regulated
under the AWA as long as all of their activities are
under the jurisdiction of the municipality, township, city,
county, or state and do not fall under APHIS
regulation.
Also, how does agreeing to meet off site (if it really is allowed) ensure the animal's living conditions at the retail location are humane and subject to public oversight? Okay, so I just need some local friend to "buy" the dogs and take them from my home for transport to their real owners. Uhm, okay... Wait, what was the point again?
Isn't anyone who takes the dog from the breeder to the new owner an intermediate handler? They don't define it... Read: All intact females are breeding females unless the inspector is in a good mood. There are no rules for it, only whatever the inspector decides. If you get to the point of needing inspection, they've already decided you need a license... It doesn't address "dual purpose" dogs which are both working dogs and companions. It does not seem to include service, therapy, or performance as working dogs. Oh joy, we're regulating intent now. This doesn't make things muddy at all! This is good news at least. Big Brother is watching your Facebook page. *snicker* But in all seriousness, posts and discussions on this forum may become a liability for the breeders. Even things like forum signatures -- mine looks like I have more than 4 dogs for example.
Offtopic, but...@PoeticDragon....people don't want brindles??!! Hard to believe! I'd love a brindle, but have kind of given up on getting a brindle AA because they end up going to show homes.....Of course, I've also never really got a choice on color on dogs I've bought....the breeder always has picked the dog for me.
The final 91 page docket (to be released later this week) is what should be looked at.
Reading the 91 pages now.
So the key seems to be 3 groups of labels:
1. "Dealer" So if I were to adopt out a rescue dog (neutered pet), I would be defined as a dealer. If I were to re-home a potential breeding dog that I purchased into a pet home, I would be defined as a dealer. If I were to re-home a dog that I purchased into a show home (exhibition), I would be defined as a dealer? If I were a wholesaler (big mill), I would be a dealer if I sold a dog as a breeding dog.
However, as a retailer, if I were to re-home a dog that I purchased into a breeding home, the new rules wouldn't apply?
2. "Retail Pet Store" The key word here is "pets" being sold. Not future breeding dogs but pets. Consider though that the discussion says that dogs bred for agility are considered pets and so agility breeders would be classified as "Retail Pet Stores."
3. Not dealer, not retail pet store.
Key to understanding this, I think, is on pg. 24-25.
I was hopeful, but the "breeding and working dog exemption" does not seem to apply -- in fact if I read it correctly it is almost impossible to get the breeding/working dog exemption. It clearly states that if a seller sells dogs for multiple purposes, and any of those purposes are for pet or exhibition, that he is not eligible for the exemption. Even one pet or show dog sale would require licensing. Moreover, it does not allow for individual dogs which have multiple purposes; that is to say, because most breeding/working dogs are ALSO pets, they count as pet sales. Only working dogs which live out their lives as livestock and "equipment", never to see a house or know human companionship, are exempt. Even then, some of those dogs may not qualify, if they are used for exhibition.
That the document states the buyer is not necessarily the owner, but is the person who picks up the dog from the seller. Therefor, a proxy or intermediary can complete the face-to-face transaction and allow the seller to remain exempt. However, in the next "breath" it goes on to say that carriers and intermediary handlers do not qualify. It does not explain what an "intermediary handler" is, but I cannot think of what any proxy would be BUT an "intermediary handler."
I had a bunch of other complaints about it while talking it over with my husband, but the highlights have been hit.
ie. Don't sell any dogs on spay/neuter pet contracts because then the licensing requirement kicks in if you sell both exempt and non-exempt dogs on the premise. Sell all as breeding dogs.
My gut tells me that this is aimed at websites like Petfind and etc. I'm hoping that a larger breed organization will pay for an attorney that specializes in this stuff to weigh in on the subject.
Under our previous regulations, we considered
breeders who owned up to three breeding females
(dogs, cats, or small exotic or wild mammals) to be
hobby breeders, who provide sufficient care to their
animals without our oversight. Based on a recent
review of compliance among facilities we regulate, we
believe that even with the addition of another breeding
female, these hobby breeders are likely to conform to
minimum AWA standards.
Hobby breeders should
remain aware, however, that they are exempt from AWA
regulation only if they sell the offspring of animals born
and raised on their premises for pets or exhibition.
They may sell these animals at retail or wholesale
without being regulated.
Like I said earlier I can't wade through the 91 pages document but I do find the factsheet interesting. How do you read the above statement?
PART 1--DEFINITION OF TERMS
1. The authority citation for part 1 continues to read as follows: Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 2. In § 1.1, the definitions of dealer and retail pet store are revised to read as follows:
§ 1.1 Definitions. *****
Dealer means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum, or other parts) for research, teaching, testing, experimentation, exhibition, or for use as a pet; or any dog at the wholesale level for hunting, security, or breeding purposes. This term does not include: A retail pet store, as defined in this section; any retail outlet where dogs are sold for hunting, breeding, or security purposes; or any person who does not sell or negotiate the purchase or sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of animals other than wild or exotic animals, dogs, or cats during any calendar year. *****
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Retail pet store means a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of that animal after purchase, and where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic ferrets, domestic farm animals, birds, and coldblooded species. In addition to persons that meet these criteria, retail pet store also includes any person who meets the criteria in § 2.1(a)(3)(vii) of this subchapter. Such definition excludes—
(1) Establishments or persons who deal in dogs used for hunting, security, or breeding purposes;
(2) Establishments or persons, except those that meet the criteria in § 2.1(a)(3)(vii), exhibiting, selling, or offering to exhibit or sell any wild or exotic or other nonpet species of warmblooded animals (except birds), such as skunks, raccoons, nonhuman primates, squirrels, ocelots, foxes, coyotes, etc.;
(3) Any establishment or person selling warmblooded animals (except birds, and laboratory rats and mice) for research or exhibition purposes;
(4) Any establishment wholesaling any animals (except birds, rats, and mice); and
(5) Any establishment exhibiting pet animals in a room that is separate from or adjacent to the retail pet store, or in an outside area, or anywhere off the retail pet store premises. ***** PART 2--REGULATIONS
3. The authority citation for part 2 continues to read as follows:
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Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 4. Section 2.1 is amended as follows: a. By revising paragraph (a)(3)(i); b. In paragraph (a)(3)(ii), by removing the words ''to a research facility, an exhibitor, a
dealer, or a pet store''; c. By revising paragraphs (a)(3)(iii) and (a)(3)(vii); and d. In the OMB citation at the end of the section, by removing the words ‘‘number 0579-
0254’’ and adding the words ‘‘numbers 0579-0254 and 0579-0392’’ in their place. The revisions read as follows: § 2.1 Requirements and application.
(a)* * * (3)* * * (i) Retail pet stores as defined in part 1 of this subchapter;
***** (iii) Any person who maintains a total of four or fewer breeding female dogs, cats, and/or
small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who sells, at wholesale, only the offspring of these dogs, cats, and/or small exotic or wild mammals, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license. This exemption does not extend to any person residing in a household that collectively maintains a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals, regardless of ownership, nor to any person maintaining breeding female dogs, cats, and/or small exotic or wild mammals on premises on which more than four breeding female dogs, cats, and/or small exotic or wild
90
mammals are maintained, nor to any person acting in concert with others where they collectively maintain a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals regardless of ownership; *****
(vii) Any person including, but not limited to, purebred dog or cat fanciers, who maintains a total of four or fewer breeding female dogs, cats, and/or small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who sells, at retail, only the offspring of these dogs, cats, and/or small exotic or wild mammals, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license. This exemption does not extend to any person residing in a household that collectively maintains a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals, regardless of ownership, nor to any person maintaining breeding female dogs, cats, and/or small exotic or wild mammals on premises on which more than four breeding female dogs, cats, and/or small exotic or wild mammals are maintained, nor to any person acting in concert with others where they collectively maintain a total of more than four breeding female dogs, cats, and/or small exotic or wild mammals regardless of ownership. *****
If a hobby breeder sells a pup/dog *not* born on their premise, they fall under the "dealer" definition, which seems to have its own set of rules/licensing. (Dealer rules/licensing is not the focus of this document.)
If a hobby breeder sells a pet/exhibition pup/dog born on their premise *and* has more than 4 breedable females, there needs to be a in-person visit by the buyer or USDA licenses.
If someone has four or fewer intact female animals they can safely ignore this entire forum topic and regulation UNLESS they sell any dog that was not born and raised on premises. This includes dogs imported from Japan (eg. retired breeding stock), any "puppy back" from stud services, and POSSIBLY puppies born at a vet's office. It is up to the discretion of the inspector whether to allow puppies born off-site, including at a vet, to be classified as exempt sales. By default, without the inspector giving you a free pass, selling puppies born at a vet's office will cause you to lose exempt status.
Some interesting things about how many breeding females you "maintain."
- There is no defined minimum or maximum age or health requirement. All intact females are considered breeding females until the inspector decides otherwise.
- The burden of proof that a female is not intact falls upon the seller. All females are considered to be intact until proven otherwise.
- The total sum of intact female animals of any species which the AWA protects is what counts. You may not have four intact female dogs and four intact female cats and remain exempt.
- Maintenance of a breeding female is directly related to residency, not ownership. Females that you have no ownership stake in but which are "collectively maintained" at your premises will count against you.
- Residency is not well defined. It states that even temporary residence counts as "maintenance," but it does not indicate how temporary. Does taking my dog to another breeder's house to be bred count as residency? What if she doesn't stay the night? What if she stays 10 nights?
- The limit on the number of breeding females is based on premises. If you have multiple premises, you may have four breeding females at each. Owning or co-owning an intact female that doesn't live with you will not count against your premises but she will count against the premises at which she resides.
Unfortunately we don't have a good definition of residency, so taking advantage of the last one may be difficult. Note, however, that if you wish to sell puppies from a bitch that lives with someone else, she must come back to your house to whelp and nurse them. If she does not, then only the person she lives with can sell those puppies and remain exempt.
However, I did want to say that, without the cooperation from the community (keeping intact dogs), this could potentially destroy the efforts to preserve the very rare NK breeds in this country as it will severely limit the efforts of any one single person (breeder).
This is probably just yet another inconsistency, but I still found it worth drawing attention to.