Wednesday, May 16, 2012

New proposed APHIS/USDA regulations impose tighter restrictions for home breeders

Though Natasha is still too young to breed we are entertaining the idea. Besides Chile could use a few more good Vizslas!  However, new regulations proposed from APHIS/USDA under the Animal Welfare Act to regulate dog breeders and inspections of their kennels may have an impact for people wishing to purchase a dog from breeders in the USA for import to Chile or other locations.  The Act is enforced by the USDA,APHIS, Animal Care agency. 

APHIS is proposing to revise its definition of “retail pet store” to close a loophole that has in some cases threatened the health of pets sold sight unseen over the Internet and via phone- and mail based businesses. Under the current definition of “retail pet store,” which was developed over 40 years ago and predates the Internet, some breeders selling pets are taking advantage of a loophole that improperly exempts them from meeting  the basic requirements of the Animal Welfare Act. The proposed rule will close this loophole, ensuring that animals sold over the Internet and via phone- and mail-based businesses are better monitored for their overall health and humane treatment

You may read the information sheet  "Questions and Answers: Proposed Rule – Retail Pet Sales" written by APHIS to explain further their proposed regulations. Click here to read the full proposals

The proposed rule is available for public review and comment for the next 60 days.  Once the comment period closes, APHIS will consider all comments received.

You may comment on this proposal by submitting your comments one of two ways:
  • Mail your comments to:  
Docket No. APHIS-2011-0003, Regulatory Analysis and Development PPD APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD, 20737-1238.
Below are some thoughts reprinted here with permission of the author on the proposed USDA dog breeder regulations from Sharyn Hutchens. Sharyn is an AKC Breeder of Merit and an officer of the Virginia Federation of Dog Clubs and Breeders. 

Immediately I noticed  one point of concern for those who may be interested in  importing dogs from the USA:
"If you have more than four breedable bitches and you don't want to be inspected by the federal government, the regulations require you to sell all puppies from your home. No shipping, no meeting at the rest stop, no buying a puppy from someone who meets you at a show. This requirement is for every sale, which means if you sell a puppy to one of your current owners, that person has to come to your home again -- it is one visit per sale. 
You may read her her full article below.  Permission is granted to cross-post with attribution to the author.
___________________________________________________

"Most of you have seen the internet buzz today about the new regulations from APHIS/USDA. Yes this IS serious: Either we will all get involved now or most of us will effectively lose our right to breed dogs. 

Here are some key points:

"The regulations are proposed, not yet in effect, and the public has 60 days to make comments and attempt to make changes, starting next week (May 14, 2012). 

"Whereas many proposed laws affect only large-scale breeders, these regulations will apply to anyone who has more than four breedable bitches and sells at least one puppy. 

"If you have more than four breedable bitches and you don't want to be inspected by the federal government, the regulations require you to sell all puppies from your home. No shipping, no meeting at the rest stop, no buying a puppy from someone who meets you at a show. This requirement is for every
sale, which means if you sell a puppy to one of your current owners, that person has to come to your home again -- it is one visit per sale. 

"You may sell only puppies that were born and raised at your home. That rules out stud fee puppies, puppies back, and any other puppy not born at your home. 

"If you stick to these requirements, you will not have to have USDA inspections. (Retail pet stores are not inspected because they are"inspected" by their customers. The claimed point of these regulations is to
be sure OUR "customers" inspect us.) 

"If you never have more than four breedable bitches then you aren't covered by this regulation. The government won't bother you. However, "I'm not planning to breed her" or "She is too old" or "She belongs to my sister" or "I'm showing her for a client" ARE NOT EXCUSES. The wording is 'maintain,'
i.e., if it's in your place and you're feeding it and it is female and could be bred, it counts.

"As currently written, this will also affect rescue. Whether you call it an adoption fee or a price, the law considers it a sale, and all sales of dogs are covered. We're still working on exactly how this might be applied to rescue, but there is currently no exemption.

"Another thought: Even if this does not affect you directly, how will it affect the gene pool of your breed? I'm quite sure there are breeders who will stop breeding when the government starts requiring that we allow people into our homes. At what number of breeders quitting does the gene pool begin to shrink at an alarming pace? "

Sharyn Hutchens, Timbreblue Whippets, Virginia, USA

Read comments by the American Kennel Club

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