tailwagging
Well-known member
APHIS Administrator, Kevin Shea introduces APHIS Retail Pet Rule via conference call 9/10/13.
Recorded by The Cavalry Group
http://vimeo.com/74234294
Recorded by The Cavalry Group
http://vimeo.com/74234294
APHIS-RETAIL PET RULE CONFERENCE CALL
- Thread starter tailwagging
- Start date
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I would Luv to read a transcript.... (With the un-fast internet connection we have... i just cannot Listen to recordings on the computer :/ )
Kyle@theWintertime
Well-known member
Random Rabbit":2w7bakb8 said:
Seconded......
DogCatMom
Well-known member
I received this email yesterday from the AKC (American Kennel Club), as I'm the Legislative Liaison for my Berner club. I've copied it in total, but the logo of the AKC didn't transfer. 
copy begins: >>This alert may also be viewed at http://www.akc.org/press_center/article ... le_id=5117.
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Tuesday, September 10, 2013
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
· Increase the “retail pet store” exemption to include those maintaining 4 or fewer breeding females. Those with four or fewer “breeding females” will not be subject to USDA licensure and inspection. The AKC appreciates the intent of a continued exemption for small hobby breeders.
· Deems any “sight-unseen” sale a covered activity, making the seller subject to USDA licensure and regulation. The AKC remains steadfast in believing that the rule will unreasonably require regulatory compliance of many more individuals than originally intended by treating those who sell a dog “sight unseen”—perhaps due to repeat buyers or other known purchasers—in the same manner as commercial internet-based sellers. The AKC believes that reasonable regulation of true commercial breeding enterprises or Internet sellers, where regulation is based on the actual numbers of dogs sold, is a better alternative to regulation based on the number of dogs a person owns. If the goal is to regulate internet sales, then such sales should be defined to include only internet sales. If the goal is to regulate all commercial breeder/retailers, a better definition would be those who produce and sell more than 50 puppies in a year.
· Vague definition of “breeding female” as one having the capability of breeding. Currently, the USDA defines “breeding female” as “capacity to breed” and bases this assessment on a visual inspection on the ground of the animals involved, determining whether they are “of breeding age” and whether there are health or other factors that would limit that. The AKC believes that this is not a practical, efficient, or clear way to establish a threshold for licensing and regulation, as it does not allow either APHIS or a breeder to assess whether a seller would be subject to licensing, regulation, and inspection without first being inspected by APHIS. The AKC remains extremely concerned that the rule will make it difficult for individuals to self-report, as they would not be able to know—without an APHIS inspection and examination of their animals before applying for a license—whether they would be required to obtain a license.
· Operational standards originally designed for commercial-type facilities fail to account for circumstances appropriate for how hobby/fancy breeders who will be subject to the regulations will keep their dogs. As a result of AKC’s long history and breadth of experience in advancing the care and conditions of dogs and conducting kennel inspections, we know that there are a wide variety of circumstances and kinds of facilities in which dogs may be suitably raised and maintained. AKC’s Care and Conditions policy is based on performance standards, rather than strict engineering requirements. This is because many breeds would fail to thrive in the required commercial kennel setting and, therefore, are better raised in residential settings. It is not reasonable to expect small breeders, who keep a handful of dogs and make a choice to raise dogs in their homes, to be able to meet exacting USDA kennel engineering standards that are designed for large commercial wholesale or research kennels. Likewise, many could be prevented from adapting their facilities because of local ordinances, zoning limitations, restrictions on their ability to obtain business licenses or necessary insurance. We believe performance-based standards are a better option for small home-based operations. The AKC believes that the continued effort to subject small home-based breeding operations to the same exacting standards required of purely commercial facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
The AKC is dedicated to supporting the wellbeing of all dogs and responsible dog owners and breeders. We are extremely disappointed with the content of the final rule and we will continue to study this rule and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis regarding specific impacts and what this rule may mean to responsible dog owners, breeders and the dog-loving public in general. Please remember that as a matter of company policy, the American Kennel Club does not release the registration information or history of any customer without a court order. The AKC, however, does expect individuals to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at [email protected]. << copy ends
I don't know whether this answers the questions of rabbit breeders and owners; naturally, the AKC didn't mention cats, rabbits, or any other species in its announcement. The USDA and Congress *did* receive hundreds of thousands of comments on this proposed legislation, but evidently to no avail; the fix was in. Ask me how much I despise the HSUS--or maybe don't....
copy begins: >>This alert may also be viewed at http://www.akc.org/press_center/article ... le_id=5117.
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Tuesday, September 10, 2013
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
· Increase the “retail pet store” exemption to include those maintaining 4 or fewer breeding females. Those with four or fewer “breeding females” will not be subject to USDA licensure and inspection. The AKC appreciates the intent of a continued exemption for small hobby breeders.
· Deems any “sight-unseen” sale a covered activity, making the seller subject to USDA licensure and regulation. The AKC remains steadfast in believing that the rule will unreasonably require regulatory compliance of many more individuals than originally intended by treating those who sell a dog “sight unseen”—perhaps due to repeat buyers or other known purchasers—in the same manner as commercial internet-based sellers. The AKC believes that reasonable regulation of true commercial breeding enterprises or Internet sellers, where regulation is based on the actual numbers of dogs sold, is a better alternative to regulation based on the number of dogs a person owns. If the goal is to regulate internet sales, then such sales should be defined to include only internet sales. If the goal is to regulate all commercial breeder/retailers, a better definition would be those who produce and sell more than 50 puppies in a year.
· Vague definition of “breeding female” as one having the capability of breeding. Currently, the USDA defines “breeding female” as “capacity to breed” and bases this assessment on a visual inspection on the ground of the animals involved, determining whether they are “of breeding age” and whether there are health or other factors that would limit that. The AKC believes that this is not a practical, efficient, or clear way to establish a threshold for licensing and regulation, as it does not allow either APHIS or a breeder to assess whether a seller would be subject to licensing, regulation, and inspection without first being inspected by APHIS. The AKC remains extremely concerned that the rule will make it difficult for individuals to self-report, as they would not be able to know—without an APHIS inspection and examination of their animals before applying for a license—whether they would be required to obtain a license.
· Operational standards originally designed for commercial-type facilities fail to account for circumstances appropriate for how hobby/fancy breeders who will be subject to the regulations will keep their dogs. As a result of AKC’s long history and breadth of experience in advancing the care and conditions of dogs and conducting kennel inspections, we know that there are a wide variety of circumstances and kinds of facilities in which dogs may be suitably raised and maintained. AKC’s Care and Conditions policy is based on performance standards, rather than strict engineering requirements. This is because many breeds would fail to thrive in the required commercial kennel setting and, therefore, are better raised in residential settings. It is not reasonable to expect small breeders, who keep a handful of dogs and make a choice to raise dogs in their homes, to be able to meet exacting USDA kennel engineering standards that are designed for large commercial wholesale or research kennels. Likewise, many could be prevented from adapting their facilities because of local ordinances, zoning limitations, restrictions on their ability to obtain business licenses or necessary insurance. We believe performance-based standards are a better option for small home-based operations. The AKC believes that the continued effort to subject small home-based breeding operations to the same exacting standards required of purely commercial facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
The AKC is dedicated to supporting the wellbeing of all dogs and responsible dog owners and breeders. We are extremely disappointed with the content of the final rule and we will continue to study this rule and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis regarding specific impacts and what this rule may mean to responsible dog owners, breeders and the dog-loving public in general. Please remember that as a matter of company policy, the American Kennel Club does not release the registration information or history of any customer without a court order. The AKC, however, does expect individuals to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at [email protected]. << copy ends
I don't know whether this answers the questions of rabbit breeders and owners; naturally, the AKC didn't mention cats, rabbits, or any other species in its announcement. The USDA and Congress *did* receive hundreds of thousands of comments on this proposed legislation, but evidently to no avail; the fix was in. Ask me how much I despise the HSUS--or maybe don't....
Kyle@theWintertime
Well-known member
DogCatMom":ozc83wy2 said:I received this email yesterday from the AKC (American Kennel Club), as I'm the Legislative Liaison for my Berner club. I've copied it in total, but the logo of the AKC didn't transfer.
copy begins: >>This alert may also be viewed at http://www.akc.org/press_center/article ... le_id=5117.
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Tuesday, September 10, 2013
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
· Increase the “retail pet store” exemption to include those maintaining 4 or fewer breeding females. Those with four or fewer “breeding females” will not be subject to USDA licensure and inspection. The AKC appreciates the intent of a continued exemption for small hobby breeders.
· Deems any “sight-unseen” sale a covered activity, making the seller subject to USDA licensure and regulation. The AKC remains steadfast in believing that the rule will unreasonably require regulatory compliance of many more individuals than originally intended by treating those who sell a dog “sight unseen”—perhaps due to repeat buyers or other known purchasers—in the same manner as commercial internet-based sellers. The AKC believes that reasonable regulation of true commercial breeding enterprises or Internet sellers, where regulation is based on the actual numbers of dogs sold, is a better alternative to regulation based on the number of dogs a person owns. If the goal is to regulate internet sales, then such sales should be defined to include only internet sales. If the goal is to regulate all commercial breeder/retailers, a better definition would be those who produce and sell more than 50 puppies in a year.
· Vague definition of “breeding female” as one having the capability of breeding. Currently, the USDA defines “breeding female” as “capacity to breed” and bases this assessment on a visual inspection on the ground of the animals involved, determining whether they are “of breeding age” and whether there are health or other factors that would limit that. The AKC believes that this is not a practical, efficient, or clear way to establish a threshold for licensing and regulation, as it does not allow either APHIS or a breeder to assess whether a seller would be subject to licensing, regulation, and inspection without first being inspected by APHIS. The AKC remains extremely concerned that the rule will make it difficult for individuals to self-report, as they would not be able to know—without an APHIS inspection and examination of their animals before applying for a license—whether they would be required to obtain a license.
· Operational standards originally designed for commercial-type facilities fail to account for circumstances appropriate for how hobby/fancy breeders who will be subject to the regulations will keep their dogs. As a result of AKC’s long history and breadth of experience in advancing the care and conditions of dogs and conducting kennel inspections, we know that there are a wide variety of circumstances and kinds of facilities in which dogs may be suitably raised and maintained. AKC’s Care and Conditions policy is based on performance standards, rather than strict engineering requirements. This is because many breeds would fail to thrive in the required commercial kennel setting and, therefore, are better raised in residential settings. It is not reasonable to expect small breeders, who keep a handful of dogs and make a choice to raise dogs in their homes, to be able to meet exacting USDA kennel engineering standards that are designed for large commercial wholesale or research kennels. Likewise, many could be prevented from adapting their facilities because of local ordinances, zoning limitations, restrictions on their ability to obtain business licenses or necessary insurance. We believe performance-based standards are a better option for small home-based operations. The AKC believes that the continued effort to subject small home-based breeding operations to the same exacting standards required of purely commercial facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
The AKC is dedicated to supporting the wellbeing of all dogs and responsible dog owners and breeders. We are extremely disappointed with the content of the final rule and we will continue to study this rule and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis regarding specific impacts and what this rule may mean to responsible dog owners, breeders and the dog-loving public in general. Please remember that as a matter of company policy, the American Kennel Club does not release the registration information or history of any customer without a court order. The AKC, however, does expect individuals to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at [email protected]. << copy ends
I don't know whether this answers the questions of rabbit breeders and owners; naturally, the AKC didn't mention cats, rabbits, or any other species in its announcement. The USDA and Congress *did* receive hundreds of thousands of comments on this proposed legislation, but evidently to no avail; the fix was in. Ask me how much I despise the HSUS--or maybe don't....
I am just...just SHOCKED.
And confused...it's not terribly clear. Do you need licensing if you have four or more breeding females but do NOT do sight-unseen purchases?DogCatMom
Well-known member
Also in yesterday's email, I received the following announcement from "Dog Law," the AKC's legislative journal.
copy begins: >> USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
To view this alert in its entirety, go to http://www.akc.org/press_center/article ... le_id=5117.
++ This message is a service of the American Kennel Club's Government Relations Department and you are receiving it in response to your request. This information may be reprinted or forwarded appropriately with a citation to AKC. << copy ends
I have copied this message in its entirety and shown the source as an extension of my "public education" purview as Legislative Liaison for my Berner club.
Next is the article describing the new definition of a "retail pet store," readable at http://www.aphis.usda.gov/newsroom/2013 ... rule.shtml , where there's also a "printable version" link.
And last is the 91-page PDF of what begins as a transcript (note: I have not read all 91 pages to see whether they are all a transcript or whether they segue into legislative language at some point): http://www.aphis.usda.gov/newsroom/2013 ... 1-2003.pdf
I hope this information is of some use to rabbit breeders and keepers.
__________ Wed Sep 11, 2013 6:35 pm __________
I have in fact visited the AKC's online USDA/APHIS Regulations Resource Page just now; please see the AKC's 19-page response to this unreasonable regulation (esp. w/respect to the definition of a "breeding female" and a "hobby breeder" and the potential effect on rare breeds) at http://images.akc.org/governmentrelatio ... sAPHIS.pdf
__________ Wed Sep 11, 2013 8:09 pm __________
From the article describing the new definition of a "pet store" comes this paragraph:
"Many animal rescue groups, pounds, shelters and humane societies will continue to be exempt from APHIS regulations. Also exempt are the following: people who breed and sell working dogs; people selling rabbits for food, fiber (including fur) or for the preservation of bloodlines; children who raise rabbits as part of a 4-H project; operations that raise, buy and sell farm animals for food or fiber (including fur); and businesses that deal only with fish, reptiles and other cold-blooded animals." (http://www.aphis.usda.gov/newsroom/2013 ... rule.shtml)
So there must be some specific exemptions in the 91-page transcript re. rabbits. I'm hoping that Bernese Mtn. Dogs, being a working breed, are exempt, but have no idea. Too many breeders of good repute and excellent practice are being hit by this overbroad, expensive, incredibly intrusive new regulation.<br /><br />__________ Wed Sep 11, 2013 8:37 pm __________<br /><br />Continuing to scan the relevant documents for rabbit-specific text... (I have added the boldface.)
This text appears on page 39 of the 91-page PDF available at http://www.aphis.usda.gov/newsroom/2013 ... 1-2003.pdf:
"Only a very small number of persons selling rabbits and guinea pigs will be affected by this rule. Such persons may be required to obtain a license if the following applies to their situation: 1) They sell animals sight unseen; 2) They sell the animals as pets and not for purposes of food or fiber (including fur) or agricultural purposes; and 3) They do not qualify for the $500 gross income limit from licensing.
"Several commenters noted that the regulations were vague on when rabbits are to be considered livestock or pets for regulatory purposes.
"If a person sells rabbits only for the purposes of food or fiber (including fur), those animals are considered to be farm animals and the person is exempt from licensing."
On page 84:
"The rule will also affect rabbit breeders who sell the offspring as pets, sight unseen, which is not common. Rabbits are usually sold at auctions, exhibits, and fairs where the buyers are physically present. We estimate that no more than 75 rabbitries may be affected by this rule."
These passages aren't the only ones where rabbits are mentioned, but most of the other mentions are in the context of "dogs, cats, and rabbits [blah blah blah]." These were specific to rabbits only.
BTW, I am not a lawyer; I am an interested citizen. I still have not seen the legislative language--the precise, enforceable language--of the regulation (if, indeed, it's yet been finalized). This forum now has all the information I've been able to dredge up on this new APHIS regulation; if someone else finds the regulation online, please share the url. Thank you!
copy begins: >> USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
To view this alert in its entirety, go to http://www.akc.org/press_center/article ... le_id=5117.
++ This message is a service of the American Kennel Club's Government Relations Department and you are receiving it in response to your request. This information may be reprinted or forwarded appropriately with a citation to AKC. << copy ends
I have copied this message in its entirety and shown the source as an extension of my "public education" purview as Legislative Liaison for my Berner club.
Next is the article describing the new definition of a "retail pet store," readable at http://www.aphis.usda.gov/newsroom/2013 ... rule.shtml , where there's also a "printable version" link.
And last is the 91-page PDF of what begins as a transcript (note: I have not read all 91 pages to see whether they are all a transcript or whether they segue into legislative language at some point): http://www.aphis.usda.gov/newsroom/2013 ... 1-2003.pdf
I hope this information is of some use to rabbit breeders and keepers.
__________ Wed Sep 11, 2013 6:35 pm __________
Kyle@theHeathertoft":14ixfxbl said:DogCatMom":14ixfxbl said:I received this email yesterday from the AKC (American Kennel Club), as I'm the Legislative Liaison for my Berner club. I've copied it in total, but the logo of the AKC didn't transfer.
copy begins: >>This alert may also be viewed at http://www.akc.org/press_center/article ... le_id=5117.
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
Tuesday, September 10, 2013
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
... [snip]
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
... [snip]
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at [email protected]. << copy ends
I don't know whether this answers the questions of rabbit breeders and owners; naturally, the AKC didn't mention cats, rabbits, or any other species in its announcement. The USDA and Congress *did* receive hundreds of thousands of comments on this proposed legislation, but evidently to no avail; the fix was in. Ask me how much I despise the HSUS--or maybe don't....
I am just...just SHOCKED.
I have in fact visited the AKC's online USDA/APHIS Regulations Resource Page just now; please see the AKC's 19-page response to this unreasonable regulation (esp. w/respect to the definition of a "breeding female" and a "hobby breeder" and the potential effect on rare breeds) at http://images.akc.org/governmentrelatio ... sAPHIS.pdf
__________ Wed Sep 11, 2013 8:09 pm __________
From the article describing the new definition of a "pet store" comes this paragraph:
"Many animal rescue groups, pounds, shelters and humane societies will continue to be exempt from APHIS regulations. Also exempt are the following: people who breed and sell working dogs; people selling rabbits for food, fiber (including fur) or for the preservation of bloodlines; children who raise rabbits as part of a 4-H project; operations that raise, buy and sell farm animals for food or fiber (including fur); and businesses that deal only with fish, reptiles and other cold-blooded animals." (http://www.aphis.usda.gov/newsroom/2013 ... rule.shtml)
So there must be some specific exemptions in the 91-page transcript re. rabbits. I'm hoping that Bernese Mtn. Dogs, being a working breed, are exempt, but have no idea. Too many breeders of good repute and excellent practice are being hit by this overbroad, expensive, incredibly intrusive new regulation.<br /><br />__________ Wed Sep 11, 2013 8:37 pm __________<br /><br />Continuing to scan the relevant documents for rabbit-specific text... (I have added the boldface.)
This text appears on page 39 of the 91-page PDF available at http://www.aphis.usda.gov/newsroom/2013 ... 1-2003.pdf:
"Only a very small number of persons selling rabbits and guinea pigs will be affected by this rule. Such persons may be required to obtain a license if the following applies to their situation: 1) They sell animals sight unseen; 2) They sell the animals as pets and not for purposes of food or fiber (including fur) or agricultural purposes; and 3) They do not qualify for the $500 gross income limit from licensing.
"Several commenters noted that the regulations were vague on when rabbits are to be considered livestock or pets for regulatory purposes.
"If a person sells rabbits only for the purposes of food or fiber (including fur), those animals are considered to be farm animals and the person is exempt from licensing."
On page 84:
"The rule will also affect rabbit breeders who sell the offspring as pets, sight unseen, which is not common. Rabbits are usually sold at auctions, exhibits, and fairs where the buyers are physically present. We estimate that no more than 75 rabbitries may be affected by this rule."
These passages aren't the only ones where rabbits are mentioned, but most of the other mentions are in the context of "dogs, cats, and rabbits [blah blah blah]." These were specific to rabbits only.
BTW, I am not a lawyer; I am an interested citizen. I still have not seen the legislative language--the precise, enforceable language--of the regulation (if, indeed, it's yet been finalized). This forum now has all the information I've been able to dredge up on this new APHIS regulation; if someone else finds the regulation online, please share the url. Thank you!
tailwagging
Well-known member
WOW!
For dogs cats and small or exotic pets under the 4 and under breeding female exemption.
you will have to give away a girl you bought that didn't work out.
"If the breeding females 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"
For dogs cats and small or exotic pets under the 4 and under breeding female exemption.
you will have to give away a girl you bought that didn't work out.
"If the breeding females 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"
It says RETAIL pet rule...So, is the $500 limit now for all sales? It used to be only if you had $500 in sales to a pet store, but not private buyers. And what do they mean by sight unseen? I have people that send me deposits for baby rabbits all the time. They've seen pics of them but haven't necessarily seen them in person.
What if you have only have 4 females bred, but have other females? How do they know if those are just pets or will be used for breeding in the future?
I really can't believe this country has come to this...the government wants their hands in every single thing. I'm just trying to enjoy my hobby and supplement my husbands income a bit at the same time.
I guess the kids have to join 4-H now...
What if you have only have 4 females bred, but have other females? How do they know if those are just pets or will be used for breeding in the future?
I really can't believe this country has come to this...the government wants their hands in every single thing. I'm just trying to enjoy my hobby and supplement my husbands income a bit at the same time.
I guess the kids have to join 4-H now...
tailwagging
Well-known member
You won't have to worry about # of females (nor the $$, as I understand it) IF you ONLY sell face to face. they can send a deposit but will have to pick up the bun in person from you, doesn't have to be at you home but the bun, you and buyer must be physically there. no shipping.
if you have less then 4 breed able females (all total like 2 does 1 female dog 1 sugar glider..) and make less the $500.00 a year in sales you can sell to anyone and ship to anyone.
if you have less then 4 breed able females (all total like 2 does 1 female dog 1 sugar glider..) and make less the $500.00 a year in sales you can sell to anyone and ship to anyone.
Near as i can find out... As Rabbit breeders... selling for Meat, Fur or fiber or Breeding stock... we will be exempt. PET sales, sight unseen, will put one into the regulated group... as will shipping.
However it has been clarified that away from our home sales are alright. That one is a plus.
( One FB group i'm on have had a good discussion about the ruling but i cannot copy and paste from that page )
However it has been clarified that away from our home sales are alright. That one is a plus.
( One FB group i'm on have had a good discussion about the ruling but i cannot copy and paste from that page )
DogCatMom
Well-known member
Contrary to the devastation the new rule will wreak in the Dog World, ARBA seems to feel that the new legislation is just...ah...ducky. (Bold text in the original.)
(1) This language is from the homepage at arba.net (https://www.arba.net/news.htm#USDA911):
"USDA Restores Important Check and Balance on Retail Pet Sales to Ensure Health, Humane Treatment
"On Sept 10, 2013, the USDA proactively called ARBA to discuss the new Internet Pet Sales law. This law is expected to be signed by President Obama next week, and officially released the week after."
(2) This is the full item from ARBA's Legislative Alerts page (https://www.arba.net/legalert.htm):
"September 11, 2013
"On Sept 10, 2013, the USDA proactively called ARBA to discuss the new Internet Pet Sales law. This law is expected to be signed by President Obama next week, and officially released the week after. Anything you may see on the Internet at this point is only speculation, and not the actual law. We will link to the official law when it is made available, and with preamble, the final law will be approximately 150 pages long. We find that the bulk of our breeders will not be required to be licensed, and as before, selling breeder-to-breeder is not included in the licensing threshold. For pet sales, as long as you, or your representative, meets the buyer, then the sale is exempt. If you are sent the money for a pet rabbit or cavy, and the pet animal and you never meet the buyer, then that sale counts toward your $500 limit.
"We are proud to so quickly see the results of the new ARBA partnership. The USDA visit to the Wichita, KS ARBA Convention, coupled with several meetings in Washington, DC, resulted in some of the rabbit exemptions listed in Paragraph 7 of the below press release. We applaud the hard work of our Board and Executive Director in establishing a working relationship with USDA, and educating our government on who our breeders are, and our association’s commitment to responsible breeding.
"For further details on this pivotal decision by the USDA, please click the link below...
"USDA Restores Important Check and Balance on
"Retail Pet Sales to Ensure Health, Humane Treatment"
(3) And ARBA's two-page PDF with its full response to the regulation is at https://www.arba.net/PDFs/USDA_decision09102013.pdf. Paragraph 7, referred to in my item (2) immediately above, says:
"Many animal rescue groups, pounds, shelters and humane societies will continue to be exempt from APHIS regulations. Also exempt are the following: people who breed and sell working dogs; people selling rabbits for food, fiber (including fur) or for the preservation of bloodlines; children who raise rabbits as part of a 4-H project; operations that raise, buy and sell farm animals for food or fiber (including fur); and businesses that deal only with fish, reptiles and other cold-blooded animals."
It's interesting to me personally that ARBA was able to persuade the USDA to change the anticipated legislation, but even with hundreds of thousands of comments, the AKC wasn't even granted the definition of "a breeding female."
This lack of responsiveness to hundreds of thousands of dog owners' comments, more than anything, makes me absolutely certain that the HSUS was behind this, for all that "the USDA" supposedly wrote the language. Wayne Pacelle, President & CEO of the HSUS (Humane Society of the U.S.), first began his open betrayal of dogs when he endorsed Michael Vick's return to the NFL, even though he knew all the details of Vick's hideous torture and execution of loyal dogs who didn't "perform" up to Vick's monetary expectations in the fighting ring. Dog owners, by and large, jumped all over Pacelle for this action.
Who was ranting and raving about "uninspected puppy mills" from the get-go and urged this legislation upon Congress/the USDA? Pacelle. To be sure, puppy mills are a plague on the earth, but the bill is written such that thousands of in-home, ethical raisers of puppies will fall under its provisions. (I can't bring myself to say "jurisdiction"; I just can't. :no: ) It's probably no coincidence, either. Many of these good folk no doubt wrote comments re. this legislation to the USDA *and* to Pacelle, the judge, NFL Commissioner Roger Goodell, and anyone else related to the Vick case in 2007, when the dog-fighting, -torturing, and -killing case originally broke, as well as in August 2009, when Vick returned to the NFL (Eagles).
So Pacelle has lost no sleep over caring and responsible dog owners for a few years now, by the looks of it.
Even more recently, Pacelle has switched sides on the topic of humane treatment for egg-laying hens. He originally endorsed humane Proposition 2 here in California, passed in November 2008 by a vote of 63% to 37%. This law requires "that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely" (quote from Wikipedia article here). These provisions would become active on January 1, 2015, just over 6 years after they were voted in. However, Pacelle/HSUS has now endorsed a national bill which would supersede Prop. 2 and give each hen a maximum of 62 square inches for life. See the Humane Farming Association's information brochure here.
All I can suggest to the Rabbit World is to remain vigilant and hang onto your wallets where the HSUS is concerned. Current indications, sadly, are that the "Humane" aspect is part of the past.
(1) This language is from the homepage at arba.net (https://www.arba.net/news.htm#USDA911):
"USDA Restores Important Check and Balance on Retail Pet Sales to Ensure Health, Humane Treatment
"On Sept 10, 2013, the USDA proactively called ARBA to discuss the new Internet Pet Sales law. This law is expected to be signed by President Obama next week, and officially released the week after."
(2) This is the full item from ARBA's Legislative Alerts page (https://www.arba.net/legalert.htm):
"September 11, 2013
"On Sept 10, 2013, the USDA proactively called ARBA to discuss the new Internet Pet Sales law. This law is expected to be signed by President Obama next week, and officially released the week after. Anything you may see on the Internet at this point is only speculation, and not the actual law. We will link to the official law when it is made available, and with preamble, the final law will be approximately 150 pages long. We find that the bulk of our breeders will not be required to be licensed, and as before, selling breeder-to-breeder is not included in the licensing threshold. For pet sales, as long as you, or your representative, meets the buyer, then the sale is exempt. If you are sent the money for a pet rabbit or cavy, and the pet animal and you never meet the buyer, then that sale counts toward your $500 limit.
"We are proud to so quickly see the results of the new ARBA partnership. The USDA visit to the Wichita, KS ARBA Convention, coupled with several meetings in Washington, DC, resulted in some of the rabbit exemptions listed in Paragraph 7 of the below press release. We applaud the hard work of our Board and Executive Director in establishing a working relationship with USDA, and educating our government on who our breeders are, and our association’s commitment to responsible breeding.
"For further details on this pivotal decision by the USDA, please click the link below...
"USDA Restores Important Check and Balance on
"Retail Pet Sales to Ensure Health, Humane Treatment"
(3) And ARBA's two-page PDF with its full response to the regulation is at https://www.arba.net/PDFs/USDA_decision09102013.pdf. Paragraph 7, referred to in my item (2) immediately above, says:
"Many animal rescue groups, pounds, shelters and humane societies will continue to be exempt from APHIS regulations. Also exempt are the following: people who breed and sell working dogs; people selling rabbits for food, fiber (including fur) or for the preservation of bloodlines; children who raise rabbits as part of a 4-H project; operations that raise, buy and sell farm animals for food or fiber (including fur); and businesses that deal only with fish, reptiles and other cold-blooded animals."
It's interesting to me personally that ARBA was able to persuade the USDA to change the anticipated legislation, but even with hundreds of thousands of comments, the AKC wasn't even granted the definition of "a breeding female."
This lack of responsiveness to hundreds of thousands of dog owners' comments, more than anything, makes me absolutely certain that the HSUS was behind this, for all that "the USDA" supposedly wrote the language. Wayne Pacelle, President & CEO of the HSUS (Humane Society of the U.S.), first began his open betrayal of dogs when he endorsed Michael Vick's return to the NFL, even though he knew all the details of Vick's hideous torture and execution of loyal dogs who didn't "perform" up to Vick's monetary expectations in the fighting ring.
Dog owners, by and large, jumped all over Pacelle for this action.Who was ranting and raving about "uninspected puppy mills" from the get-go and urged this legislation upon Congress/the USDA? Pacelle. To be sure, puppy mills are a plague on the earth, but the bill is written such that thousands of in-home, ethical raisers of puppies will fall under its provisions. (I can't bring myself to say "jurisdiction"; I just can't. :no: ) It's probably no coincidence, either. Many of these good folk no doubt wrote comments re. this legislation to the USDA *and* to Pacelle, the judge, NFL Commissioner Roger Goodell, and anyone else related to the Vick case in 2007, when the dog-fighting, -torturing, and -killing case originally broke, as well as in August 2009, when Vick returned to the NFL (Eagles).
So Pacelle has lost no sleep over caring and responsible dog owners for a few years now, by the looks of it.
Even more recently, Pacelle has switched sides on the topic of humane treatment for egg-laying hens. He originally endorsed humane Proposition 2 here in California, passed in November 2008 by a vote of 63% to 37%. This law requires "that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely" (quote from Wikipedia article here). These provisions would become active on January 1, 2015, just over 6 years after they were voted in. However, Pacelle/HSUS has now endorsed a national bill which would supersede Prop. 2 and give each hen a maximum of 62 square inches for life. See the Humane Farming Association's information brochure here.
All I can suggest to the Rabbit World is to remain vigilant and hang onto your wallets where the HSUS is concerned. Current indications, sadly, are that the "Humane" aspect is part of the past.
h$u$ is at this point is merely a mega-money raking in group... They use only approximately 1% of donations to do any sort of hands on animal help. A Large part of their income goes into Their pension funds, advertising (for More donations) and lobbying...they are Not at All what they claim to be...
