USDA APHIS Finalizes Rule Impacting Pet Breeders

USDA APHIS Finalizes Rule Impacting Pet Breeders

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administrator
Moderator

Posts: 311

QUOTE 9/11/2013 9:51:42 AM
Next Day Pets is extremely disappointed that the USDA APHIS did not heed to the opinions of thousands of responsible dog breeders for whom all expressed concern regarding the proposed oversight of pet breeders. Not only did the USDA APHIS heed all advice, they sided with Animal Rights Extremists to form a broad complex, ambiguous new rule making certain pet breeders subject to USDA licensure and regulation.

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”. Small hobby breeders with four or fewer “breeding females” will not be subject to USDA licensure and inspection.

The rule deems any “sight-unseen” sale a covered activity, making a seller subject to USDA licensure and regulation. To sum up, if you have five or more "breeding females", and conduct even one sale sight unseen, you would now be required to obtain a USDA license and follow the requirements. If you have four (4) or fewer "breeding females", but sell even one dog that was not born and raised on your premises, you would have to obtain a USDA license.

Selling animals sight unseen is by no means a new method of sales. People have been selling animals through ads in publications for hundreds of years. There are many instances of buying sight unseen that happen all the time: the buyer might know all of the bloodlines, might be a previous customer, or it could be a rare breed where breeders are few and far between. This rule will only affect those dog breeders who sell dogs as pets, not for hunting, security, breeding, or other purposes.

Rebecca Blue, Deputy Under Secretary for Marketing and Regulatory Programs at USDA stated that breeders can continue to advertise sales on the internet and newspaper, and would not need to be regulated by APHIS so long as buyers still had the opportunity to come to their place and see the animals prior to buying.

Would breeders who come under regulation and allow their dogs to roam free in their homes have to invest in and raise their animals in a kennel? Absolutely not.

The Animal Welfare Act ("AWA") regulations define a primary enclosure broadly to mean any structure or device used to restrict an animal or animals to a limited amount of space. As such, a home can be considered a dog’s primary enclosure. If a room of a house is used as a dog’s primary enclosure (e.g., a whelping room or nursery), APHIS will apply the applicable regulations and standards to the room. If, however, a dog breeder allows their dogs to have free run of the entire house, APHIS will assess whether the home can house animals within the health and humane standards contemplated by the AWA. If the breeder has a kennel or cages that the dogs can stay in inside the home that meet AWA standards, the AWA would consider that compliance with the primary enclosure requirements has been achieved.

Individuals and entities licensed under the AWA must provide their animals with adequate housing, sanitation, nutrition, water and veterinary care. They must also protect the animals from extreme weather and temperatures. Those who own more than four breeding females and wish to continue selling the offspring as pets, sight unseen, can do so by obtaining a license and allowing APHIS inspectors to inspect their primary enclosure.

While we disagree with many aspects of the regulation we share the USDA's concerns about unethical, unscrupulous and potentially substandard breeders providing inhumane conditions for their puppies. Next Day Pets has always monitored feedback for each customer of every breeder and taken action against unethical breeders.

Breeders subject to this regulation must pay a $750 license fee for inspection of the puppies enclosure. It is our view this rule will increase the cost of buying a puppy across the board. We will make a valiant effort to educate our customers so they understand puppies of certain breeds will no longer be as affordable as once perceived. We will all have to accept and view this regulation as the "cost of doing business". It is our strong opinion that if you are subject to this regulation then you should abide by this regulation and not simply stop breeding and heed way to Animal Rights Activists. Demand for puppies is at an all time high. Puppies are deemed a part of millions of families. Our breeders, YOU, bring happiness to millions. Let us not forget the joy a puppy brings each and every one of us including the important life lessons a child learns by caring for and raising a puppy.

We are reviewing options for possibly reimbursing breeders the $750 fee annually if they agree to exclusively utilize our up and coming secure, fraud deterrent, binding, transaction management, and full marketing lead generation system. This is certainly not set in stone but we wanted to express to our breeders that we are partners and continually strive to support you and your livelihood.

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.

Next Day Pets, L.L.C. will not highlight which breeders are licensed and which breeders are not. Please remember that as a matter of company policy, Next Day Pets, L.L.C. does not release registration information or history of any customer without a court order.
dihart

Posts: 322

QUOTE 9/13/2013 12:34:51 AM

Quote administrator:

Next Day Pets is extremely disappointed that the USDA APHIS did not heed to the opinions of thousands of responsible dog breeders for whom all expressed concern regarding the proposed oversight of pet breeders. Not only did the USDA APHIS heed all advice, they sided with Animal Rights Extremists to form a broad complex, ambiguous new rule making certain pet breeders subject to USDA licensure and regulation.

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”. Small hobby breeders with four or fewer “breeding females” will not be subject to USDA licensure and inspection.

The rule deems any “sight-unseen” sale a covered activity, making a seller subject to USDA licensure and regulation. To sum up, if you have five or more "breeding females", and conduct even one sale sight unseen, you would now be required to obtain a USDA license and follow the requirements. If you have four (4) or fewer "breeding females", but sell even one dog that was not born and raised on your premises, you would have to obtain a USDA license.

Selling animals sight unseen is by no means a new method of sales. People have been selling animals through ads in publications for hundreds of years. There are many instances of buying sight unseen that happen all the time: the buyer might know all of the bloodlines, might be a previous customer, or it could be a rare breed where breeders are few and far between. This rule will only affect those dog breeders who sell dogs as pets, not for hunting, security, breeding, or other purposes.

Rebecca Blue, Deputy Under Secretary for Marketing and Regulatory Programs at USDA stated that breeders can continue to advertise sales on the internet and newspaper, and would not need to be regulated by APHIS so long as buyers still had the opportunity to come to their place and see the animals prior to buying.

Would breeders who come under regulation and allow their dogs to roam free in their homes have to invest in and raise their animals in a kennel? Absolutely not.

The Animal Welfare Act ("AWA") regulations define a primary enclosure broadly to mean any structure or device used to restrict an animal or animals to a limited amount of space. As such, a home can be considered a dog’s primary enclosure. If a room of a house is used as a dog’s primary enclosure (e.g., a whelping room or nursery), APHIS will apply the applicable regulations and standards to the room. If, however, a dog breeder allows their dogs to have free run of the entire house, APHIS will assess whether the home can house animals within the health and humane standards contemplated by the AWA. If the breeder has a kennel or cages that the dogs can stay in inside the home that meet AWA standards, the AWA would consider that compliance with the primary enclosure requirements has been achieved.

Individuals and entities licensed under the AWA must provide their animals with adequate housing, sanitation, nutrition, water and veterinary care. They must also protect the animals from extreme weather and temperatures. Those who own more than four breeding females and wish to continue selling the offspring as pets, sight unseen, can do so by obtaining a license and allowing APHIS inspectors to inspect their primary enclosure.

While we disagree with many aspects of the regulation we share the USDA's concerns about unethical, unscrupulous and potentially substandard breeders providing inhumane conditions for their puppies. Next Day Pets has always monitored feedback for each customer of every breeder and taken action against unethical breeders.

Breeders subject to this regulation must pay a $750 license fee for inspection of the puppies enclosure. It is our view this rule will increase the cost of buying a puppy across the board. We will make a valiant effort to educate our customers so they understand puppies of certain breeds will no longer be as affordable as once perceived. We will all have to accept and view this regulation as the "cost of doing business". It is our strong opinion that if you are subject to this regulation then you should abide by this regulation and not simply stop breeding and heed way to Animal Rights Activists. Demand for puppies is at an all time high. Puppies are deemed a part of millions of families. Our breeders, YOU, bring happiness to millions. Let us not forget the joy a puppy brings each and every one of us including the important life lessons a child learns by caring for and raising a puppy.

We are reviewing options for possibly reimbursing breeders the $750 fee annually if they agree to exclusively utilize our up and coming secure, fraud deterrent, binding, transaction management, and full marketing lead generation system. This is certainly not set in stone but we wanted to express to our breeders that we are partners and continually strive to support you and your livelihood.

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.

Next Day Pets, L.L.C. will not highlight which breeders are licensed and which breeders are not. Please remember that as a matter of company policy, Next Day Pets, L.L.C. does not release registration information or history of any customer without a court order.
this is the first I heard that it got passed.
dihart

Posts: 322

QUOTE 9/13/2013 1:03:54 PM
It is one more example of the far reaching arm of the government blocking us from doing what we do, honestly and caringly. There are enough rules in place that if they were just enforced these new ones would not be necessary.
dihart

Posts: 322

QUOTE 9/13/2013 1:07:05 PM
all this crap comes pout of the AR groups and all the glut in the shelters. PEOPLE, SPAY AND NEUTER YOUR DOGS, MOST DOGS IN SHELTERS ARE OOPS LITTERS, CROSS BRED UNINTENTIONAL HEINZ 57 ‘MUTTS’. AND THO THERE ARE ALSO PUREBRED RESCUES, THERE IS NEVER THE NUMBERS THAT THE MUTTS AND SADLY THE PITS COMPOSE IN THE SHELTERS.
jchamp52

Posts: 261

QUOTE 9/18/2013 1:01:05 PM
This is additional info that was posted on the AKC site today: September 18, 2013

Thanks to significant interest, the AKC’s conference call with APHIS on September 19 is now full.

If you would still like to submit questions, you may do so by e-mailing rsvp@akc.org before 2:00 Eastern Time today (September 18).

Reservations for the call were accepted on a first come, first serve basis. If there are any cancellations, others who expressed interest will be notified in the order the request was received.

A full transcript of the call will be made available on the AKC Government Relations Regulatory Resource Page.

Thank you for your interest in this issue. AKC will continue to provide up-to-date information as it becomes available.
beaglebrat

Posts: 1371

QUOTE 9/20/2013 10:06:59 PM
Due to this new rule we are no longer cargo shipping puppies. People will either need to fly in, or we will have to meet them or hand deliver them.

It's going to cut out our Canadian sales, and make it difficult for us to sell West Coast, but most of our clients are on the East Coast anyway. We may only say that certain litters and certain times of the year will be going east coast or Florida or where ever.

We will just charge $400-450 and drive them out ourselves. If we have 2 or more puppies going at the same time, we will probably be able to make a little money (gas efficient car and staying with relatives).

It was traumatizing at first. I am very angry about it, but... I'll get around it.

I already have AKC that inspects, I am not jumping through USDA hoops and I am not going to raise my dogs outside my home in a "kennel" because that's what they say is best.

They will have us all raising dogs like they are chickens or rabbits!

The funny thing is, the worst of the worst puppymills (some that advertise on here even....) have already been USDA licensed for a long time.

This is going to hurt a lot of good small and medium breeders. It's unfortunate, but on the other side, that will mean more customers for me! (hate to say it, but it's true).

You would have thought that the airlines would have rallied harder against this, because they are going to see puppy shipping plummet.

Every small/medium breeder I know has halted shipping (including myself), especially until more is known about these rules.

-- FYI another breeder friend of mine came up with a good idea for record keeping. Make everyone SIGN for their puppy that they were allowed to "inspect it" before they purchased it. Just a little more "cover your butt".

I think the first people to be nailed will be the ones that continue to air cargo ship. Those interstate travel certificates get sent in to the Govt and I am betting that those will be tracked!
beaglebrat

Posts: 1371

QUOTE 9/20/2013 10:15:12 PM
I would be pitching more of a fit if the rule said that people MUST come to your home, but since you are allowed to meet the people in any location agreed upon.... that at least does leave some options. Like driving or even flying with the puppy. Just this summer someone purchasing one of our puppies didn't want it to go cargo, so they purchased my husband a round trip ticket.

My group of breeder friends in my area would like to think of a way that we could help each other with deliveries some how.
dihart

Posts: 322

QUOTE 9/23/2013 5:27:46 PM
can you explain in simple terms what the flying issue is?
beaglebrat

Posts: 1371

QUOTE 9/25/2013 10:26:36 PM

Quote dihart:

can you explain in simple terms what the flying issue is?
Yep. Basically USDA wants to regulate all online breeders that ship puppies. To avoid being USDA licensed, you need to either have less than 4 "breeding" (still unclear as to what they consider a breeding) females..... or you have to physically meet with EACH BUYER IN PERSON and they must be able to "inspect" and approve of the puppy before the final sale.

So, at some point, buyer, seller and puppy need to come together. Cargo/air shipping does not do this. So families either need to fly in to pick up their puppy, or fly the breeder out. Or the breeder needs to get in their car and make deliveries.

Right now, they are saying that breeders are not allowed to use private couriers. Which is bullcrap. There should be no difference between the actual breeder or an "employee", as long as the buyer can "inspect" the pup, but I don't want any Government hassles so, we are not shipping. Period.

You will get caught because as we all know a copy of the shipping papers is sent in to the Govt.
administrator
Moderator

Posts: 311

QUOTE 9/26/2013 10:52:30 AM
If you have four for more breeding females:

You will have to have every single one of your puppy buyers physically enter your home (which is considered to be your “store” or "kennel"). They have to physically visit your premises at least once for each sale. You must become a licensed breeder to ship dogs.

OR if you have less than four breeding females:

You can keep four or fewer breeding females and sell only the offspring of your own females raised on your premises. If you choose this option you can ship dogs, meet people at rest areas so they can pick up a puppy, and so on.
beaglebrat

Posts: 1371

QUOTE 9/26/2013 2:39:56 PM

Quote administrator:

If you have four for more breeding females:

You will have to have every single one of your puppy buyers physically enter your home (which is considered to be your “store” or "kennel"). They have to physically visit your premises at least once for each sale. You must become a licensed breeder to ship dogs.

OR if you have less than four breeding females:

You can keep four or fewer breeding females and sell only the offspring of your own females raised on your premises. If you choose this option you can ship dogs, meet people at rest areas so they can pick up a puppy, and so on.
Actually that is NOT 100% correct. I read something directly from USDA. It said that people do NOT have to physically enter the breeders home.

"Storefront" can be ANY location agreed upon by the buyer and seller, where they can all meet before purchasing the puppy. So, BREEDERS can still deliver their own puppies.

The USDA does not care where people meet. It just needs to be a "face to face transaction". So... in my opinion, it could be worse.

It can be found on

http://www.aphis.usda.gov/publications/animal_welfare/2013/faq_retail_pets_final_rule.pdf

Page 2 bottom left hand side.
dihart

Posts: 322

QUOTE 9/27/2013 12:06:22 AM
So if one IS USDA licensed & have a kennel already, then you can ship pups?
But if you are a small in home business that would be exorbitant to become licensed then it would be a violation to cargo ship, you must have the face to face pick up.
And one can ship for about another 50 days, like mid November before things go into effect, if I read the ’takes effect 60 days from date of publication.
Sucks for Christmas.
beaglebrat

Posts: 1371

QUOTE 9/30/2013 12:03:36 PM

Quote dihart:

So if one IS USDA licensed & have a kennel already, then you can ship pups?
But if you are a small in home business that would be exorbitant to become licensed then it would be a violation to cargo ship, you must have the face to face pick up.
And one can ship for about another 50 days, like mid November before things go into effect, if I read the ’takes effect 60 days from date of publication.
Sucks for Christmas.
That pretty much sums it up, really I am scared to ship at all though. I don't want anyone from the Government knocking on my door.

You know, it's such BS, because it's not like I haven't been inspected by AKC for the last 10 years. It's not like we don't have local licensing and animal control.

To me, this is mainly about stopping the small/medium breeders and probably a money grab for the USDA fees and sales taxes. They want to track every dog and puppy to make sure that people are turning sales tax in. Which is a factor. I have bought dogs from other people for the last 20 years and not once did another breeder charge me sales tax. I think that has a lot to do with it.
christinastorla

Posts: 58

QUOTE 10/18/2013 3:39:59 PM
Doesn't their have to be a ballet or vote? How can they just shove this down our neck? I am in for filling a law suit on them! We have the right laws in place to get the bad breeders, that they don't enforce. And the out rages cost of $750 shows it is the money they want! Not caring about the family pet! You have the wrong finger to send to USDA and APHIS!
dsn0207

Posts: 22

QUOTE 10/23/2013 3:24:44 PM
lol you have the wrong finger...
christinastorla

Posts: 58

QUOTE 10/25/2013 5:23:03 PM
There are a lot of holes in APHIS new laws. (Not just in their ignorant minds) I breed, Show, and train Rottweiler's (customers too!) I allow all my customers to come over, I even encourage it. (Call first so I will be there or clean my house) But I have repeat customers all over the USA. I just received from APHIS the fact sheet. (Or so they say! Add finger here!) Q- Why are you changing? A- Sick puppies sight unseen being shipped. Isn't the vet responsible for certifying them or airlines for taking them and of course the breeder? Next finger goes to, Q- how many comments you received? A- Should have been, we did what we want and to hell with all you good breeders, we need the money! Next: Retail Pet Store: Final Rule, under this internet sale does NOT make anyone a Pet Store. Q- Can someone else stand in for the customer? A- Yes! Guess what? I am the stand in! I am not a commercial transporter or intermediate handler. Q- Are "Working Dogs" exempt? YES! THEIR RULE said for hunting, breeding, and security! Mine are or were considered hobby show, but now are considered Security (duh!, Rottweiler!), Herd, Working Dogs. Rottweiler's was and is originally bred to herd sheep, cattle, are extremely great Hunting dogs, and are also used in search and rescue. I have sold a lot to military for PTSD and under all those (I believe) I am exempt. : Naughty finger!
dihart

Posts: 322

QUOTE 10/31/2013 9:45:37 AM

Quote christinastorla:

There are a lot of holes in APHIS new laws. (Not just in their ignorant minds) I breed, Show, and train Rottweiler's (customers too!) I allow all my customers to come over, I even encourage it. (Call first so I will be there or clean my house) But I have repeat customers all over the USA. I just received from APHIS the fact sheet. (Or so they say! Add finger here!) Q- Why are you changing? A- Sick puppies sight unseen being shipped. Isn't the vet responsible for certifying them or airlines for taking them and of course the breeder? Next finger goes to, Q- how many comments you received? A- Should have been, we did what we want and to hell with all you good breeders, we need the money! Next: Retail Pet Store: Final Rule, under this internet sale does NOT make anyone a Pet Store. Q- Can someone else stand in for the customer? A- Yes! Guess what? I am the stand in! I am not a commercial transporter or intermediate handler. Q- Are "Working Dogs" exempt? YES! THEIR RULE said for hunting, breeding, and security! Mine are or were considered hobby show, but now are considered Security (duh!, Rottweiler!), Herd, Working Dogs. Rottweiler's was and is originally bred to herd sheep, cattle, are extremely great Hunting dogs, and are also used in search and rescue. I have sold a lot to military for PTSD and under all those (I believe) I am exempt. : Naughty finger!
christinastorla

Posts: 58

QUOTE 11/8/2013 3:33:10 PM
I am sending out a warning to everyone about the new waterer's made by Aspen Pet called La Bistro sold at Wall-Mart. The new design with the screw top contaminates the water. When the puppies drink and the air bubbles, it causes food dribble or what ever into the clean water supply. All USDA and every one I contacted said is we will fine you for the contaminated water. The company said we have made them for 21/2 years and haven't had a problem. The old La Bistro with the small neck, this is true! NOT THE NEW ONE! Please let others know because USDA and APHIS is concerned about the money, not the pets
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