AKC - and the new USDA /APHIS debacle

[Dobs4ever]

This is a letter from AKC to all persons designated as Legislative chairmen for the major breed clubs. In our case, I will also attach whatever links I have found which might be helpful.

http://www.akc.org/governmentrelations/usda_aphis.cfmis a link to the AKC Resource page for USDA/APHIS Regulations

http://links.mkt2242.com/ctt?kn=3&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> is a link to the USDA/APHIS News Release


Letter from AKC:

From: American Kennel Club <[email protected]<mailto:[email protected]>>
Date: September 14, 2013, 9:01:04 AM EDT
To: <[email protected]<mailto:[email protected]>>
Subject: Breeders Stay Informed - USDA/APHIS Regulations FAQ
Reply-To: <[email protected]<mailto:[email protected]>>

[http://open.mkt2242.com/open/log/6785279/MjQzMjQ2Nzg4OTMS1/0/MTY4MzA4NTYyS0/1/0]

Please click here<http://links.mkt2242.com/servlet/MailView?ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&j=MTY4MzA4NTYyS0&mt=1&rt=0> to view in a browser.

[American Kennel Club]
September 14, 2013

On September 10, 2013, U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) finalized new federal regulations that narrow the “retail pet store”<http://links.mkt2242.com/ctt?kn=3&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> exemption which has historically exempted many small/hobby breeders from regulation under the federal Animal Welfare Act (AWA). Their purpose is to bring internet-based pet breeders and sellers under the regulation of the AWA. The rule expands USDA oversight of pet breeders to include people who maintain at least five “breeding females” of any species AND sell one pet “sight unseen.”

“The rule is overly broad and will do more damage than good. The federal government has missed an opportunity to introduce a smarter, more effective rule to deter unscrupulous breeders and sellers by imposing a regulation based on the number of dogs sold, not the number of dogs a person owns,” said AKC spokesperson Lisa Peterson.

The new rule is scheduled to take effect 60 days after it is published. It is a 91-page document and includes multiple areas of regulatory details that may impact people that sell animals as pets but remain unclear, confusing or unfair based on the available information. We encourage you to review available materials and contact Dr. Gerald Rushin with APHIS at (301) 851-3751 to obtain answers to your questions.

In the meantime, the AKC will continue to work with USDA/APHIS and other officials to clarify these and other issues. We will also continue to provide the most up-to-date information on this rule.

This is a regulatory, not legislative, change. There was no vote in Congress and AKC has to work within the confines of an administrative — rather than legislative — process. Since the rule was first proposed in May 2012, the AKC has worked to educate USDA/APHIS about responsible breeders and dog owners and the potential impact of this rule change, unfortunately many of our most important concerns were not addressed.

We strongly encourage you to review the resources below, including the frequently asked questions<http://links.mkt2242.com/ctt?kn=4&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0>, to further understand the new rule, and to keep checking back, as we will continue to update this page as information becomes available.

Frequently Asked Questions
Background
Why is APHIS making changes to the Animal Welfare Act?
Regulators at the United States Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) have received numerous complaints about substandard/unscrupulous Internet sales of pets and have been tasked with addressing that issue. The AKC shares their concerns about substandard operations.

What is a rule change and how does it work?
A rule or regulation is different from legislation. The law is already on the books so we have to work within the confines of an administrative — rather than legislative — process.

The administrative process involves a public comment period in which stakeholders and concerned individuals have the opportunity to comment on a proposed rule, before the rule is finalized. AKC has been very involved in this process since the announcement of the proposed rule in May 2012.

When did AKC first learn about this? Has the AKC done any outreach?
Since the rule was first proposed in May 2012, the AKC has made significant efforts to educate APHIS on the concerns. This includes a petition with over 70,000 signatures<http://links.mkt2242.com/ctt?kn=8&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0>, providing alerts<http://links.mkt2242.com/ctt?kn=10&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> to breeders and dog owners encouraging them to participate in the public comment period, and submitting extensive comments to APHIS<http://links.mkt2242.com/ctt?kn=5&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0>. This is in addition to reaching out to key members of Congress, the US Department of Agriculture, and the White House.

The AKC continues to work with APHIS to communicate questions and obtain clarifications. We appreciate that APHIS has continued to communicate with us and help us answer questions on this regulation. Keep checking this page for the latest information and updates.

What is the background of this rule and is the AKC opposed?
The United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS)’s finalized version of new federal regulations that narrow the definition of a "retail pet store"<http://links.mkt2242.com/ctt?kn=3&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> is designed to license and regulate internet-based pet breeders and sellers as "dealers" under the federal Animal Welfare Act (AWA). The rule 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" by any means. The rule was initially proposed in May 2012 and has since that time been the subject of extensive objections by the AKC and other groups and individuals concerned about the future of responsibly bred dogs and small/hobby breeders. The final version of this rule remains largely unchanged in content, although certain key clarifications have been made with respect to the concerns of breeders.

The AKC’s concerns stand regarding the lack of definition of a breeding female, the overly broad nature of this regulation, and the imposition of commercial standards on small hobby/breeders, and a variety of other issues. Read AKC’s latest Legislative Alert<http://links.mkt2242.com/ctt?kn=15&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> for more information on our specific objections to the rule.

What changes did this rule make to the Animal Welfare Act?
It redefines the term "retail pet store" and removes certain exemptions allowing breeders who sell pets at retail (as opposed to wholesale) to avoid USDA commercial breeder/dealer regulation.

It increases the hobby breeder exemption from 3 to 4 the number of "breeding females" that a person may maintain on their premises and from which they may sell offspring as pets, either at retail or wholesale, without being subject to USDA regulation. View the "Details on New Rule" for more information on what this means and how it applies to those who sell puppies sight unseen.<http://links.mkt2242.com/ctt?kn=6&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0>

Details on New Rule
Is this rule retroactive? When does the new rule go into effect?
The rule is not retroactive and will go into effect 60 days after it is published in the Federal Register. APHIS has committed to working with breeders to help them understand the new rule and whether they need to come into compliance. There is no need to make immediate and drastic changes. Please review these FAQs and other resources on our resource page<http://links.mkt2242.com/ctt?kn=7&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0> to understand if the rule will apply to you. For specific questions, we encourage you to contact Dr. Gerald Rushin with APHIS at (301) 851-3751.

How do I know if this rule applies to me?
This rule applies to those who maintain more than four "breeding females" AND sell a puppy as a pet "sight unseen" or sell to a third party (wholesale). This means that the buyer must actually see the puppy in person prior to the purchase. If you are concerned about buyers coming to your home, you may arrange a location to meet the buyer and allow them to see the puppy.

If you have fewer than five breeding females, and/or allow buyers to see the puppy in person prior to purchase, then this rule does not apply to you.

If you wish to own more than 4 "breeding females" and sell the offspring as pets and do not wish to be regulated, you may avoid regulation by selling all your dogs in a face-to-face transaction. A face-to-face transaction includes one where the seller and buyer are physically present and the buyer has the opportunity to observe the animal before taking custody of it.

Are there any exemptions to this rule?
The new definition of dealer subject to USDA licensing and regulation includes "any dog... for research, testing, experimentation, exhibition*, or for use as a pet, or any dog sold at the wholesale level for hunting, security or breeding purposes". (*exhibition as defined in the AWA excludes purebred cat and dog shows).

The rule seems to indicate that if you are selling a dog as a breeding prospect, to maintain bloodlines, or for hunting, working, or security, you would be exempt. If you are selling the dog as a pet, you would not be exempt. It is important that the seller be able to clearly demonstrate their purpose in selling the dog at the time of sale. However, additional clarification from USDA is needed on this point.

You are also exempt if you sell the dog in a face-to-face transaction.

Will this rule limit the number of dogs I can own?
No. The rule does not limit the number of dogs a person may keep, breed or sell. It is designed to regulate under the federal Animal Welfare Act (AWA) those who sell dogs as pets over the internet or "sight-unseen".

Enforcement
What if USDA identifies a breeder as being subject to licensure and out of compliance?
After the rule goes into effect, USDA has told the AKC that they understand there will be a significant amount of time needed for them to prepare to enforce the rule and is not providing a time certain by which breeders must come into compliance.

The USDA has indicated that when they locate a person they believe to be out of compliance their first step will be to send a letter asking for information and to help determine whether they need to be licensed. They will then work with that person to come into compliance. You will not be immediately fined or punished. For more information on pre-licensing visit the USDA/APHIS Animal Care website<http://links.mkt2242.com/ctt?kn=13&ms=Njc4NTI3OQS2&r=MjQzMjQ2Nzg4OTMS1&b=0&j=MTY4MzA4NTYyS0&mt=1&rt=0>.

How will APHIS find out if I fall under this new rule? Will AKC be providing registrant contact information?
All of AKC's records are confidential and AKC will not share your information. The AKC urges all responsible dog owners to comply with all applicable federal, state, and local laws and regulations.

My state regulates breeders. Will this supersede state law?
This will depend on your individual state laws. Contact the appropriate state agency for specific questions. AKC encourages breeders and dog owners to be in compliance with all applicable federal, state, and local regulations and laws.

What should I be doing right now if I think this rule will apply to me?
USDA/APHIS is asking individuals who believe they may fall under the new rules to self-identify and have indicated a commitment to work directly with individuals to determine whether their particular case would make them subject to new regulation. You will not be punished or targeted if you contact them. They are committed to answering questions and helping breeders understand the rule, not targeting specific dog owners who are genuinely trying to understand and be in compliance.

Jane Menz
DPCA Legislative Committee

 

[Dobs4ever]

petition to fight the new APHIS ruling for hobby breeders.
Date: Mon Sep 16, 2013 1:59 pm ((PDT))

PUT YOUR SIGNATURE WHERE YOUR MOUTH IS...PLS SIGN.

https://petitions.whitehouse.gov/petition/repeal-new-aphis-regula\
tory-ruling-regarding-definition-retail-pet-stores-under-animal-w\
elfare-act/GRYCMdY0
<https://petitions.whitehouse.gov/petition/repeal-new-aphis-regul\
atory-ruling-regarding-definition-retail-pet-stores-under-animal-\
welfare-act/GRYCMdY0>

 

[Dobs4ever]

USDA Rule to be Published,
AKC Schedules Conference Call for Thursday (9/19)
September 17, 2013
Tomorrow (Wednesday, September 18), USDA/APHIS is scheduled to officially publish the new regulations that narrow the definition of a "retail pet store". The regulations will go into effect 60 days thereafter.
In an effort to help you better understand the new rule, the AKC Government Relations Department (AKC GR)has arranged to host a conference call for its constituents with USDA/APHIS to address questions and obtain clarifications.
The details are as follows:

Date: Thursday, September 19, 2013
Time: 2 pm-3 pm Eastern
RSVP: To reserve a spot to participate in this conference call, e-mail [email protected] before 2 pm ET on Wednesday, September 18. You must include your name, phone number and e-mail address when making your reservation.
This is the only way to reserve a spot to participate on the call. Calling AKC GR or e-mailing another address will not reserve a spot.

Please note that space on this call is limited and significant interest is expected, so it is recommended that clubs and organizations interested designate one person to participate. Reservations are on a first come, first serve basis. If you secure a reservation, you will receive a confirmation e-mail with directions regarding how to access the call.

If you are unable to participate in the call, the call will be recorded and a transcript will be made available.

In an effort to make the call as efficient and helpful as possible, AKC GR recommends that you submit questions to [email protected] when registering for the call. The moderator will review these questions and ask APHIS about issues of greatest concern. There will be a very brief opportunity for participants to ask additional questions at the end of the call; however, we highly recommend that you submit questions in advance.
AKC GR will continue to provide updated information on this new regulation as it becomes available. Keep checking our Regulatory Resource Page for the latest details and information.

 

[Dobs4ever]

More thoughts to consider:

And further proof that USDA is simply a puppet for HSUS....and again...how is this not prohibited activity for a non-profit...this is SPECIFIC PROOF that a non-profit is DIRECTLY influencing government actions!!!

From Walt Hutchens:
Two issues:
>
> 1. This will not fly at APHIS. Remember, in a regulatory
> enforcement you are guilty until proven innocent, that is, if your
> actions are questioned, you must provide evidence that they were okay.
>
> For example if APHIS says we think you're selling mostly pets, you
> would have to show that many of your puppies were later bred, that
> nearly all buyers had at some time bred a litter, that most of them
> considered themselves likely to breed in the future ...
>
> If APHIS asks for a list of your 'breeder' buyers, calls them up and
> asks about their breeding practices and they don't back you up --
> lying would be a crime -- I'd guess you'd be in a world of hurt.
>
> Same deal exactly as an IRS audit: They say "These business expenses
> seem excessive." It's up to you to provide documentation of the
> amounts and that each was necessary for your business. If you can't do
> that, they'll hit you with penalties and interest and if you try to
> fake it you may be looking at prison time.
>
> 2. No significant number of people are going to try this approach
> because it basically requires creating a conspiracy which won't work
> and could lead to a whole 'nuther level of troubles.
>
> Remember that in the early stages of enforcing a new anti-breeding
> law authorities seek to make examples of a few people in order to
> build the terror campaign.
>
> None of that says the new regulation can be uniformly or even
> reasonably enforced: It can't. Enforcement will be arbitrary even when
> the inspectors mean well, because the rule is incoherent and doesn't
> take account of the real world. This cannot be handled with evasion.
> For now the best thing is to comply if you can. Longer term, somebody
> should sue to overturn the thing and we should all support any
> competent effort to do so.
>

 

[Dobs4ever]

: [AKC-legislative-liaisons] Fwd: APHIS Final Rule Revising Pet Seller Exemptions and You

APHIS Final Rule Revising Pet Seller Exemptions and You

SAOVA Friends,

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

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

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

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

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

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

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

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

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

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

Living under USDA licensing is NOT an option for the average home-based retail seller. The average house cannot be converted to a USDA compliant facility. Federal standards for licensed facilities dictate sanitation measures not feasible in a normal home, surfaces that are impervious to moisture, ventilation, bio-hazard control, veterinary care, exercise, temperature controls, waste disposal systems, diurnal lighting, drainage systems, washrooms, perimeter fencing, as well as transportation standards for regulated animals.

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

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

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

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

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

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

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

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

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

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

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

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

Cross posting is encouraged.

Susan WolfSportsmen's & Animal Owners' Voting AllianceWorking to Identify and Elect Supportive[email protected]