Can I keep My USDA Exemption?

Question: If I have only two females, can I ship and still keep my exemption? After all the discussion we've had about the new rule, I don't remember.
 

Answer: Yes, probably, since according to the amended Regulations, you can have up to four "breeding females" and ship "sight unseen" as pets. However, several issues come to mind that may not make this an easy question to answer:

1. Do you co-own "breeding females" elsewhere? Regulations unclear about whether they should be counted. Similarly, do you kennel or board "breeding females" owned by others? They possibly would be counted in the total number of breeding females allowed.


2. You are aware, aren't you? that APHIS definition of "breeding females" probably would include intact bitches that you wouldn't wouldn't consider breeding? (e.g., too old, too young, health problems etc.) -- you may not breed them but APHIS might still count them in the total if they believe them "breedable". 

 3. Do you participate in Rescue activities, and have you housed rescue "breeding females" (intact bitches)? From what I'm hearing, APHIS has for the present time chosen to look the other way on this issue, and not count rescue animals in the totals. However, by a strict interpretation of the Regulations, intact "rescue" females would count (especially if you transfer any dog "sight unseen" to a pet home), no matter how APHIS is viewing them now.


4. Are all animals shipped by you as pets offspring of the pets you own, and born and raised on your property? It's questionable how APHIS would view a "sight unseen" sale of a "stud fee puppy", for example since to obtain the "four or fewer" exemption, any pet you sell must have been "born and raised" on your property according to the Regulations.. This is not one of the changes made in 2013 to the Regulations, but was there all along, but wasn't generally enforced, at least for small home hobby breeders such as yourself. How or if it will be enforced now is a good question. (This is yet another thorny rescue question as well).


5. Do you own other "breeding females" that are included in the Regulations? (small pet mammals, primarily). Does anyone else in your household or who resides on your property have any "breeding females" (dogs or otherwise.) All those get counted in the total of "four or fewer."


You may want to get clarification on your situation from APHIS directly. Unfortunately, what an APHIS representative tells you now may or may not be admissible in Court if it conflicts with what's in the Regulations.


Finally, remember (especially if you openly ship to people you don't know well, or if you advertise that you ship) that you are a potential target for the ARs, and they might try to have you investigated. If APHIS comes to ask as to your mode of business, you will need to have proof that -- throughout the year that you shipped those animals -- that you only had two "breeding females" (and not more than four) and that you complied with other requirements of the Regulations needed for the "four or fewer" exemption.


If you choose to go the easier route, and decide to have no "sight unseen" sales, you can, of course, have as many "breeding females" as you wish if you sell to the final purchaser (and not wholesale should you own more than four breeding females). But it would still be a good idea to document how these animals were transferred to the new owner so that they weren't a "sight unseen" sale.


AWA and AWA Regulations can be found here, and here.

Submitted by Margo Milde via the Pet Law list.

Margo is long-time Legislative Liaison for five dog clubs: Rand Park Dog Training Club, Agility Ability Club of Illinois, Fox River Field Spaniel Club, Moraine Tracking Club, and Field Spaniel Society of America (AKC parent club). She is also a Board Member of the Illinois Federation of Dog Clubs and Owners. However, her answer here may not officially represent the position of these organizations.

You Can't Serve Two Masters

Here's some deeply disturbing news. At a time when literally thousands of dog clubs and owners are fighting a legal battle to stave off the new APHIS rules for breeders, NAIA's Julian Prager, a bulldog breeder, AKC judge, lawyer and former NY animal control director, announced yesterday that he is now working for USDA-APHIS. He just can't get enough of government rules and regulations. Especially when he is getting fed in the process!
 Do animal owners have any hope for the future? I don't think so. My crystal ball tells me we can only look forward to more red tape strangulation.
The USDA was not founded as an agency meant to regulate anyone, it was initiated to educate and advise farmers on good practices. But like most anything involving the government, it has expanded like the blob, feeding off of our human rights. Congress passed a law in the 1960s allowing USDA to regulate "commercial" dog breeders, and wala, here we are a few short decades later; now anyone who owns a few bitches and who sells even one dog by remote means like air shipping, is under their iron fist. Quite a nauseating turn of events here in a land where our freedoms are supposed to be a priority. 
A letter rife with baloney like how he will help develop government guidelines for "preserving bloodlines" and squelching "bad actors" was released yesterday by Mr. Prager. 
Now aside from the fact that the USDA could not produce even ONE example of a "bad actor" when requested to do so, what business is it of the government how anyone breeds, be it for the purpose of "preserving bloodlines" or crossbreeding to create a new breed? Will we now have minimal daily requirements for dog breeding? Get them OUT of where they don't belong! 
You just can't make this stuff up. Although it would have been nice to awaken and say, "oh gosh, it was only a bad dream."

I wanted to be sure that Delegates who were not at the meeting today and all club legislative liaisons received word of the announcement I made at today’s meeting.

Small hobby and show breeders have all been concerned about the implications of the revision to the “Retail Pet Store Rule" by APHIS and the implication for that group. APHIS has heard your concerns. At last year’s NAIA conference the APHIS Deputy Administrator met with about 20 of us after the session to discuss our concerns and issues. He committed to work with us to work to resolve these issues.

Two weeks ago, I was hired by Animal Care within APHIS as part of it central policy staff. My position, Canine Program Advisor, was advertised to bring in someone who would facilitate communication among APHIS, the breeder community, rescue groups and related animal interest groups. I will be providing APHIS staff with technical guidance on dog issues, assist in training their field staff, participate in developing program information material, conduct outreach and education and, most significantly, work on developing related policies and rules.

Both the amendment to the Animals Welfare Act in the Farm Bill and Conference Committee Report provide an opportunity for APHIS to clarify the existing rules and provide for a more clear structure for exemptions from licensing. APHIS was asked to clarify the definition of “breeding female” and I will be working with other staff to do that. The changes to the law give the Secretary the authority to exempt from licensing those whose activities have a minimal impact on interstate commerce and the welfare of animals. Both the AKC GR staff and NAIA are aware that the additional authority granted by Congress was, in large part, directed at addressing concerns expressed by smaller breeders who were breeding to preserve bloodlines.

I have asked for feedback from the Delegates and all clubs regarding what fact-based standards would work for your breed in your real world activities. APHIS needs solid data, not conjecture, to bolster each type of exemption and the exemptions should be tailored, to the extent possible, to a range of situations, not just a particular breed. For example, what data are there to provide a basis for determining when the number of animals being bred is insufficient to maintain breed existence? For all of the concerns expressed during the process of adopting the new rule, real world, grounded examples are needed to support an suggestions made to provide for exemptions.

As I said at the Legislative Caucus, drafting rules to include one group of require licensing of another group are fairly easy. What is difficult is writing a rule that the bad actors can’t wiggle around while still permitting those properly caring for their animals through. This all started because large breeding facilities that were previously excluded from the retail pet store definition because they sold wholesale, began selling dog of questionable health directly to purchasers through internet sales. That was the target of the rule revision. It is your mission (in your own self interest) to provide APHIS with the information that justifies including one group under licensing requirements, while exempting another group. And it can’t be “because we are the good guys.” It has to be some fairly objective criterion or criteria that are unassailable. Because you know there are those out there who will claim that just because you breed, you are suspect.

I can be reached at Julian.D.Prager@aphis.usda.gov. I look forward to your assistance in developing clear rules and meaningful exemptions for activities which have a minimal effect on interstate commerce. If you have any comments, questions or suggestions, please let me know. This is a complex process and it will take time to address Congress’ changes to the law and requests to the agency. In the meanwhile, the current rule is being enforced. Since discussions are just starting internally, I cannot tell you where this will wind up, but there is a way forward and I ask for your help in establishing a clear path ahead.

Julian Prager

NO WONDER Mr. Prager has pooh-poohed the legal challenge to the new APHIS rules. He LIKES the new APHIS rules!
Sort of creepy how we see prominent people doing their political power dances. First the USDA hiring from the ranks of the HSUS, then we had Ed Sayres and PIJAC, and now Julian Prager and the USDA! I'm afraid to see what will happen next!

Here's an old and wise precept about conflict of interest. Matthew 6:24: 

"No one can serve two masters. Either you will hate the one and love the other, or you will be devoted to the one and despise the other. You cannot serve both God and money."

Or we could revise it for today: 

"You cannot serve both the breeding community and the USDA-APHIS."

The USDA Wants YOU!

TO STOP SELLING PETS!

Of concern to all dog owners and breeders in the US are new APHIS rules set to go into effect in November, 2013. The rules are intended to address internet sales, which the USDA alleges are problematic. I'm still waiting to see the facts and figures which provoked that allegation, but am not holding my breath. 

These new rules expand the influence of USDA/APHIS. They will increase the number of breeders who will be forced to comply with USDA regulations. The new rules are ninety-one (that's 91) pages long and are posted on the APHIS website. There is also a Q & A document on the APHIS website, which raises even more questions than it answers.

We do know for certain that anyone who houses more than four intact bitches (or in combination with females of any other covered species) on his or her premises AND who ships any dog by so-called “sight-unseen” methods will now be required to be licensed and inspected by the USDA.

The new rules explanation is vague, leaving many specific questions unanswered. How will breeders be able to comply with commercial kennel guidelines when raising dogs in a home environment? How can I be available during business hours for inspections, when I have a full-time job outside my home? Will rescues be held to these same guidelines? How will that be possible when they do not breed and raise the dogs on their premises? Why is shipping suspect, when all airlines require veterinary health certification prior to shipping? What if you want to sell a dog that is not born and raised on your premises? Why is offering dogs to pet homes considered an undesirable activity, subject to investigation and regulation? What is the definition of a “breeding bitch”? What is the definition of a “working dog”? What proof will be needed for exemption as a breeder working to preserve bloodlines? Why is the Federal government now usurping states' rights to regulate intrastate commerce? Why are small breeders who only sell at retail being subjected to rules meant for wholesalers and dealers?

 
Unfortunately, during the telephone conference calls with USDA officials, the answers to many of these questions invariably reverted to “we will determine that on a case-by-case basis”. Nothing quite as malleable (and subject to being overturned) as vague rules and guidelines.

The USDA employs animal rights activists in high positions, including Ms. Sarah Conant, formerly an HSUS attorney and now the chief of enforcement at APHIS. The USDA under Ms. Conant has demonstrated a crusader-style, anti-breeder bias, and with these new vague rules that lack specific guidelines, we will likely find that our exemptions are not as available as we think they may be.

The advice from APHIS to breeders is to give the USDA a call, to run your “business model” past them, and then they will inform you whether or not you need to be licensed with them.

 
USDA licensed breeders have long been subjected to a campaign of hate and discrimination by animal extremist groups. If licensed by the USDA, your information goes public and you may be vulnerable to attack by animal enterprise terrorist groups. These groups like HSUS, PETA, Best Friends and CAPS have conducted smear campaigns against USDA licensed breeders, and they have driven pet shops out of business and pushed for laws making pet sales in retail stores ILLEGAL in certain locales like California. How long until that “no retail sales” mentality is extended to those who sell dogs as retailers.....us! The hobby breeders who are exempt from USDA licensing, because we are in the same category of retail sellers! So we'll be damned if we do get a USDA license, and damned if we don't.

In addition to Ms. Conant, there are other known radical animal rights activist associations at the USDA. The head of the department is Tom Vilsack. Tom's wife Christie was the recipient of HSUS campaign contributions and a near-million dollar campaign television advertising blitz funded by the HSUS in her Iowa congressional bid against Steve King. Deborah Dubow Press, an animal rights activist who co-founded the Student Animal Legal Defense Fund at Cornell University, and received a grant from the HSUS's PCRM, was also employed by the USDA until just last January as an APHIS enforcment specialist.

The “intent” of the breeder is being judged by the Federal government; if you sell mostly pets, then the USDA feels that you need to be subjected to excessive regulations and red tape. The “intent” of the USDA seems clear enough. Though they deny it, it is obvious that they hope that there will be a chilling effect on the breeding of pets. The goal is to gradually and incrementally eliminate breeding of pets.

As a branch of the United States government, the USDA was created to collect and distribute the best farming knowledge.  In 1862, Congress passed a bill establishing a Department of Agriculture. Its mission was “to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture in the most general and comprehensive sense of that word.” When did we jump the fence and allow the USDA to over-regulate every little agricultural detail? What happened to the mission of EDUCATION?

Who dreamed way back in 1862 that the people at USDA would turn out to be the most threatening animal enterprise terrorists of all?

Read Between the lines - USDA Conference Call

I've got the transcript in front of me from the USDA conference call regarding the new rules for retail pet stores, that took place on Sept 10, 2013, Thanks to the Sportsman and Animals Owners' Voting Alliance! I've also listened to the recording of the call, courtesy of The Cavalry Group. After examining the details of the call, I tried to imagine how it might go with a "read-between-the-lines" interpretation. Here we go!

Kevin:

Welcome, callers. After suffering years of much yammering in our ears from scam groups like the Humane Society of the United States, the Doris Day Animal League, the ASPCA and other radical animal extremist groups, we are posting new rules limiting your exemption from the Animal Welfare Act as a retailer of pets. Dogs, primarily. But of course we will combine different species to "count against you" in order to limit you further.

We've discovered that 80% of breeders out there are hobbyists and are escaping our iron fist. That will never do! We want them to change to a business model.

The humaniac supporters of our new rules claim that USDA licensing is the hallmark of a "puppy mill". We're not so sure about that, but we are really listening to them. It seems that even though they don't like USDA licensed breeders, they want to have thousands more of them. Go figure! But, we need the money so we're anxious to get started. Why, they've already greased the palms of the politicians who appoint us with millions of dollars! We are DETERMINED to please them! Maybe we'll enjoy more of that sweet gravy!

We relied on the HSUS and other animal fanatics to help write up these new rules. They decided that you should be allowed no more than four female dogs on your premises. Any intact bitch "counts against you" as long as she is not too old or too young. But we will be the ones to decide if she "counts against you" or not! It's good to be queen, no? We don't bother with those pesky little details, like whether or not she is ever actually bred.

Further, our good friends, the humaniacs, insist that you must have a face-to-face meeting involving buyer, seller and the pet when the transfer is made. This doesn't need to be at your home, where you could be robbed at gunpoint or targeted by animal rights nuts who enjoy turning breeders in to authorities for any infraction of rules or laws, whether real or imagined.

No problem! You can meet in the WalMart parking lot. Just like all the people who sell sick dogs out of the backs of their trucks that they brought up from Mexico a few days ago.. You just go ahead and model your business practices after them. Many of them claim to be "rescues", so we can be sure that they are more noble than the rest of humanity. We like those "rescues" because they don't intentionally breed dogs. At least, we can't prove that they do, so no point in pursuing them. They are exempt from any and all rules.

Even though all dogs shipped currently are examined by a veterinarian, we have no confidence in the ability of a veterinarian to evaluate health. A veterinary health certificate is useless, even though all airlines currently require one to ship a dog. The buyer knows better than a veterinarian if the pet is healthy or not. Besides, we really don't care about health. It's all about getting snitches into your home in our quest to stop you from breeding.  

We are fully aware that hundreds of thousands of you oppose being brought under wholesale, commercial breeder regulations. We also know of the many concerns you have and exactly WHY you are opposed. We've read all of your comments, petitions and letters; but frankly, WE DON'T CARE. These are the new rules. If you don't like them, then you can just quit breeding dogs. Please.

We are only here today to explain to you, the BREEDERS who sell and ship sick, genetically defective pets to poor, unsuspecting buyers, why you can't do that any more. We will answer your questions if we feel like it. Regarding the questions we don't understand or don't want to be truthful about? Well, we will simply hem, haw and hedge.

Frankly, we don't like the fact that the information superhighway has facilitated sales of pets. Things have just been too easy lately for buyers and sellers. We prefer the days when people had to rely on classified ads in newspapers or the back of magazines to sell pets. That really put a cramp on pet sales, and we appreciated that. We really thought it was terrible that Sears, Roebuck and Co. sold dogs by catalog, but we could never figure our any way to "get" them for doing that.

Until now, that is.

We initially provided estimates on how many more breeders we thought we would be licensing, but we really doubt that will happen. We know that most of you will give up your dog breeding entirely, or at least cut it back significantly. If you want to give USDA licensing a whirl, we anticipate that you will need a one-time investment in an amount to effectively double the size of your current mortgage, to convert your home into a commercial kennel. Of course, your local zoning laws will prevent that anyway, so don't worry! It's all good.

OK let's get right to those questions! Who is first?

Susan from Virginia Federation of Dog Clubs and Breeders:

My dogs both work in the field and are pets and are show dogs, too. Must I become USDA licensed? What do you consider a "working dog" for purposes of exemption?

Dr. Russian:

Let me get this straight, you have a dog who does multiple things?

Susan: Right.

Dr. Russian:
Wow that's incredible! Then you must keep separate kennels. Dogs that work must be kept separately from dogs who are pets.

Susan:

But it's the same breed. It's the same dogs. All my dogs have multiple uses. They are retrievers, they hunt. I don't keep them in kennels. They are house pets too. Would hunting dogs and retrieving dogs be considered "working dogs" for purposes of exemption?

Dr. Russian:

What a conundrum. I really don't understand the concept of dogs having multiple uses and purposes. I suggest you call me and run your "business model" past me. That way I can figure out the best way to harrass you, OK? And make sure to tell all the other people in your group to call me, too! Next caller.

Roland from the National Finch and Softbill Society:

Are birds exempt? What about birds or dogs bred to a breed standard? How many comments opposed your new rules? Will the USDA contract out their inspections?

Kevin:

Birds are exempt. That's why we took your call. Geez, why did you have to ask other questions too? Who the hell is screening these callers?

Well, let me try to tackle the other questions, since this is probably all going on the record. We have no plans to outsource inspections at this time. Why should we when we have HSUS lackies employed right here at the USDA for that purpose? No comment on how many comments were submitted in opposition to the new rules. We frankly don't care. As to standards, we have our own standards, and they are arbitrary and capricious. That suits us just fine. We don't care about you.

Roland:

Again, why are show standards not taken into consideration?

Dr. Russian:

The rules are up, read them and get back to me. We've already told you, we don't give a shit about show standards.

Sarah from HSUS and Doris Day Animal League:

We are SO EXCITED that OUR new rules are going into effect!!! We only hope that they can do enough damage to really cripple pet breeding here in the US before this gets challenged in court. Our group (DDAL) already tried to push retail hobby breeders into the same regulations as wholesale, commercial breeders, but the courts ruled that we couldn't do that. The nerve of those courts, upholding the constitution! But that won't stop us from continuing on our crusade to ban breeding! My question is, how will you make effective use of your time and limited resources? How soon will you jump on board our bandwagon and start reaching out to bitchslap some breeders?

Kevin:

Not to worry, Sarah and other goodie two-shoes. We want to get to the most people as quickly as possible in order to protect animals from being exploited as pampered pets. We will look initially at those breeders we can catch who appear to have high volume, then we will be happy to take complaints from humaniacs such as yourself. So we will be depending on you guys from HSUS, DDAL, CAPS and other to help us out here, OK? Please don't let us down!!

Sarah:

We are ready, Kevin!! We won't fail in our quest to shut down every dog breeder in the US! Thanks again!

Jennifer from the HTPCB:

What is the definition of a "breeding bitch"?

Kevin:

It doesn't matter as long as you let people into your home to inspect you. Why are you breeders so hung up on definitions? We make the definitions up as we go along.

Dr. Russian:

Breeding FEMALE (oh I just can't bring myself to use that "B" word!). I say, it's a dog that can breed. Ultimately, we decide what does or does not "count against you" for your numbers limit. End of story!

Cathy from Animal Welfare Institute:

Hallelujah! Our prayers have been answered! New rules to put more pet breeders out of business. I just want to be sure you cover each and every species of pet. There is too much animal suffering, forcing them to be pets.

Kevin:

Yes, don't worry. All species of pets are covered.

Cathy:

Whew! Thanks again!

Tracy from the HSUS:

We are thrilled that those greedy, evil breeders will now be forced into the USDA system or quit breeding entirely. Thrilled, I tell you! When can we get started?

Kevin:

Well, by law, we have to wait 60 days to start enforcing any new rules. However, our motto here at the USDA is "why wait on legal technicalities"? Let's start right now looking for people to harrass by going through breed registries and looking at people advertising on the internet. We hope they will voluntarily just give up breeding on their own, or turn themselves in for enforcement, but if not, don't worry, we'll be on the lookout for them.

Larry, President of North American Falconers Association:

Are birds exempt?

Kevin:

Another call about birds? Great! Yes, birds are exempt.

Larry:

But you just told the lady from Animal Welfare that all species of pets are included?

Kevin:

Well if you were looking for honesty, Larry, this is the wrong place to be. Birds are exempt. We haven't figured out how to include them "at this point". Our friends at the HSUS are helping us work on getting standards in place to regulate birds.

Larry:

Great!! Birds are exempt! Yay!

Linda, hobby breeder:

Currently buyers all come into my house. I don't ship. So I'm a retail store, right?

Kevin:

You are covered.

Dr. Russian:

People don't need to come to your home for you to be exempt. Don't listen to Kevin, he doesn't know what the fuck he is talking about.

Linda:

Wal Mart parking lot is OK?

Kevin:

Sure, why not? But be careful not to get arrested in the states that have laws against sales in public places. Those new laws are awesome!! Hooray for HSUS! We're so glad to see that selling animals is now a crime in many places.

Linda:

My daughter and I both have breeding bitches, she has three, I have five. I also am a broker for other people. How does all that work? These new rules are confusing.

Dr. Russian:

We see intact dogs on your premises, they are being counted. If you don't ship any dogs you are not covered. But now that we know you are a dog breeder and broker, we are going to definitely have you on our radar screen.

Linda:

But I don't ship.

Kevin:

We will wait, maybe, for a few months or even years before we start to go after people like you. But rest assured, we WILL be coming after you eventually. What we say now, and how the rules are written, may be two entirely different things.

Linda:

I advertise online, sometimes dozens of dogs for sale at a time.

Kevin:

Boy, you are one of those upfront, honest people who will be the first to go. SUCKER!!

Since you say you don't ship, we will be leaving you alone. Temporarily. Rules will be tightened up in the future to better protect dogs and persecute breeders.

Deborah from ASPCA:

Thank you thank you! How can we make sure that everyone is licensed within 60 days? How will we go after people who don't apply for a license?

Dr. G:

We will outreach beginning immediately. We will try to get the more naïve to turn themselves in and those who don't, we will be on the lookout for them. Rest assured, humaniacs, that your wish is our command.

Carla, breeder of Aussies:

There is an exemption for working dogs. What about stock dogs? And, if I have a state license, why do I need a license with the feds?

Kevin:

We don't care how many layers of bureaucracy you have to contend with. The more, the better. I don't know what a "stock dog" is so I'll let Dr. Russian address that part.

Dr. Russian:

Good God, I don't know what a "stock dog" is either. But if it isn't used for research, teaching, testing, experimentation, exhibition or use as a pet, then we can't sink our meat hooks into it. Darn.

Kara from MPBA:

Can we advertise on the internet as long as we don't ship? What about my stock dogs? What if I say I'm selling breeders? Can't you give us a few loopholes to work with?

Dr. Russian:

We LOVE people who advertise on the net, that's where we will go a-huntin' for breeders. So advertise away! Your business model is what we are looking at. If you sell dogs, then how you do it is OUR decision!

After all these questions about dogs for stock, I am really wondering now what the heck you are talking about. Stocking the shelves of your stores? Making soup? You breeders are really wierd!!

Kevin:

We are from the government, and we are here to help! Restraint of trade is what we do best. Who needs free enterprise? Phooey.

We suggest if you are confused about the rules that you call us so we can begin to investigate you immediately. We need to know about your "business model" even though you are a hobby breeder, not a business. We don't take into consideration your profit or loss, only the fact that you dare to sell pets. At the end of the day, that's all that matters. We are here for the animals, and as long as we draw breath and continue to collect our six-figure salaries (provided by your tax dollars), we are committed to continuing to dream up new ways to screw over anyone evil enough to breed pets.

I will happily refer those of you with further questions to our knowledgeable enforcement division: Sarah L. Conant, former lawyer for the Humane Society of the US, and animal rights extremist Deborah Dubow Press. They are waiting to prosecute you to the fullest extent of the law. They'll even do it with a smile!

And, if we can drive a few breeds extinct, or prevent someone from getting the dog of their dreams, then our efforts will not have been in vain.

The dog of tomorrow, once breeding is stopped.

USDA Strikes Again!

THE ULTIMATE GOAL OF THE USDA - PET EXTINCTION!

Way back in 1966, the USDA was given the authority to regulate commercial dog breeders. Hobby breeders were OK with that, as they felt exempt. After all, they were not commercial breeders and never would be, right??

Well, surprise surprise. It took a few decades, but now the animal rights nuts have succeeded in their campaign to regulate just about everyone who is NOT a commercial breeder right out of existence. Here's what we get for allowing the USDA carte blanche over our trade.

Despite literally hundreds of thousands of written objections from groups and individuals, new rules are going into effect that will force many small breeders to apply for a commercial breeders' license with the USDA.

If you so much as ship one dog "sight unseen" to a buyer in another state or another country, you will need to apply for the privilege of USDA licensing and submit to unannounced inspections. Got a job outside your home? Travel to show your dogs? Too bad for you! You need someone at home during business hours so the almighty government bureaucrats can tell you how you should be raising your animals.

Why should breeders be forced to allow strangers to traipse through their homes? People have had puppies stolen at gunpoint by allowing strangers in. Other have been turned in to the local animal control department by AR nuts with an agenda who came into their home under the guise of wanting to buy a puppy. There is no animal welfare regulation anywhere that trumps human rights. Not in MY book.

Some of the biggest violators of animal welfare will, however, be exempt from this new rule. Every day we hear on the news that some fly-by-night "rescue" has sold sick dogs, or an animal shelter has imported dogs from another country, so they can have products to sell. Not one SHRED of regulation involved there.

If that isn't bad enough, anyone who owns more than four "breeding females" also will be required to apply for a USDA license. What is a "breeding female", you might ask? Why, it is ANY intact bitch over the age of four months old. Doesn't matter if they are actually ever bred, or not. The USDA has declared that only they shall determine if an intact female is exempt from being considered a "breeding female". You can bet your bottom dollar, if she is intact, she will be considered "breedable".

Small breeds with tiny litters require that we keep many more than four intact females to have a meaningful breeding program. We might like to keep them intact and grow them on for evaluation, or so that we have a variety of bloodlines to ensure health and genetic diversity. We might like to keep them intact so they can have the necessary hormones to develop normally and avoid painful orthopedic problems like hip dysplasia, patellar luxation or bone cancer.

But none of that matters one whit to the USDA.

What's all the fuss about anyway, why not just get a license and keep all the intact dogs you please?

I'm glad you asked.

People NEED to know that while they are frantically trying to decide if they should go the USDA route or not ---- it is IMPERATIVE that they know the first greatest risk is that all USDA facilities (those holding licenses) are listed publicly with the following information:

Names (These would be the breeders)
Address (Yes, that's your home! Online for anyone to see)
Phone numbers (No - you get no privacy!)
The number of animals at the time of inspection.
Any violations.

Aerial views of your house and property are available online once an address is obtained. From there you are easy prey for harrassment from any animal rights anti-breeding nut job. Because, you know, according to the animal rights people, every USDA commercial breeder is a PUPPY MILL.

Ever checked the website of "CAPS"; the "Companion Animal Protection Society"? They dedicate their existence to harrassing pet shops and commercial breeders until they can manage to bully them out of existence. There are big groups on Facebook dedicated to finding all USDA-licensed facilities and publishing them on FB in order to hunt down, harass and, in essence, destroy them.

Being a USDA licensed breeder is a big red flag screaming "COME AND GET ME".

The government's idea is that these new rules will help to regulate commercial breeders who currently skirt the AWA by selling online instead of through a retail pet store. If anyone can avoid the iron thumb of the USDA, I say more power to them! We already have state and local laws to cover animal welfare.

Neither the federal, state nor local agencies have the funds to fully enforce all the intrusive laws currently in effect, so enforcement will primarily be complaint-driven.

This makes us literally sitting ducks for these anti-breeding humaniac crusaders.

On a more mundane level, people who breed dogs as a hobby already operate in the red, but now they will find they need to spend even more money to paying annually for a Federal license.

This factor alone could force many people to stop breeding wonderful dogs. How many more breeds will face extinction?

To get your USDA license, you will need to comply with all requirements of the Animal Welfare Act. This includes housing standards that are difficult to meet in a home environment. Carpets and upholstered furniture are forbidden in the dogs primary enclosure. Stuffed toys are a no-no. Concrete is preferred. Regular use of harsh disinfectants is required. Want to raise a litter in your bedroom? Fuggedaboudit.

Free run of the house is a red flag. APHIS admits as much in their Q&A "Factsheet". Most hobby breeders allow their dogs free run of the house, and wouldn't want to have to change that.

Phooey on the USDA!

A Federal Bill dubbed "PUPS" or the "Puppy Uniform Safety and Protection Act" was proposing similar requirements, but now they don't even need to pass that bill, we've already got the government flexing its muscle to control us without even so much a a vote on the matter!

Where is Ron Paul when we need him? Abolish the USDA!

APHIS Illumination

Many thanks to the wonderful folks at Washington Animal Watch and The Cavalry Group for their fantastic work on the new APHIS rule proposal and the PUPS bill. They're savvy enough to present the information in an easy-to-understand visual format and are busily disseminating that information on social networks like Facebook. Here are two posters from WAW, along with a nice flowchart that was formulated by Mindy Patterson's Cavalry Group. Thanks Mindy! 

Please "LIKE" Washington Animal Watch and The Cavalry Group on Facebook and be sure to follow their respective sites (http://www.waanimal.blogspot.com/ and http://www.thecavalrygroup.com/) Great information to pass along to your family and friends who may not be intimately involved in the dog world. 

ALERT - USDA Proposal to Regulate Hobby Breeders

ALERT - USDA proposal to regulate hobby breeders

The Humane Society of the US

recently submitted a petition on the "WhiteHouse.gov" website asking the Federal government to crack down on "puppy mills". In response to the over 30,000 signatures on that petition, USDA/APHIS is considering revising their rules.

 

Currently, anyone who sells pets at retail is exempt from USDA licensure requirements. That means if you are a hobby breeder or a pet store selling pets directly to the public, you do not need a license from the USDA. Only those breeders who sell pets at the wholesale level currently need a USDA license.

 

The new rule, however, would revise the definition of "retail seller".

 

If you:

• Have MORE than four intact female animals, and 
• ADVERTISE over the internet, in the newspaper or over the telephone, and
• Don't arrange for each buyer to visit your place of business to see the pet before or immediately after the purchase, then

 

You would no longer be considered an exempt retail seller, and under the new proposal would be required to be licensed and inspected by USDA.

 

Needless to say, this would be devastating to most serious hobby breeders. However, the USDA is accepting public comments on this proposed new rule. ALL comments will be read and considered. We call upon all pet owners to contact the USDA either on-line or by mail and inform them of your concerns over this proposal.

 

 

Be sure to have your comments submiktted on line or sent by mail by July 16th. Note that letters sent by mail MUST be received on or before July 16th to be considered.

 

The link that will take you to the "submit comments" page is:

http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0003-0001

 

 

Do not send form letters. All form letters that are the same but signed by different individuals are considered ONE letter, no matter how many are received by APHIS. Your personal comment is important, even if it is only a sentence or two. A long letter is not necessary. You may comment more than once.

 

When commenting on line, please note that there is a time limit (approximately 20 minutes) that you can keep the "submit comments" page open. If you want to take time to compose your letter, then it is most efficient to draft it in a word program and then cut and paste it onto the comment section.  

 

In writing your letters or comments, you may wish to use some of the following talking points:

• It would be cost-prohibitive for me to have to build a USDA-compliant kennel. I would be unable to continue breeding.
  
• I prefer to raise pets in my home for optimal socialization. I do not wish to keep them in a kennel.
  
• This proposal would be harmful to my rare breed. Buyers are usually distant and rarely visit the premises during a sales transaction.
  
• I am selective in the homes I approve for my puppies; I sell few pets locally, and must advertise and ship. This proposal would hinder my ability to find the best homes for my pets.
  
• This new rule would be financially devastating to me. I cannot afford thousands of dollars to build a kennel facility to come into USDA compliance.
  
• Requiring me to allow strangers into my home exposes my animals to contagious diseases. These can be fatal, particularly for young puppies and kittens.
  
• Strangers entering my home makes me vulnerable to criminals who could target me for robbery or other crimes.
  
• Strangers entering my home can include animal rights activists who are philosophically opposed to any pet breeding. These extremists may likely file unsubstantiated complaints against me, claiming authority by having entered my home.
  
• Rescue groups often rely on use of a foster home network. They could not comply with USDA requirements and would be forced to cease operations. Crippling rescue groups would cause shelter intakes and deaths to rise.
  
• This proposal is government overreach.
  
• This proposal is a violation of my right to privacy.
  
• As a pet owner, I am concerned about my future ability to purchase a well-bred, well-socialized pet for a reasonable price.
  
• I am concerned about the future availability of service dogs, such as guide dogs for the blind. These dogs must be exposed to a variety of social situations and external stimuli. If serious hobby breeders are forced to keep their dogs and puppies in kennels, those dogs will not be suitable for service work.
  
• As a hobby breeder who works away from my home, I cannot comply with the APHIS requirement to be available for unannounced inspections. I would be forced to quit breeding or face thousands of dollars in fines for noncompliance with this rules.

 

There are undoubtedly many more concerns with this new proposal. You may return to the page and comment as many times as you wish.

 

The AKC is also gathering signatures on a petition to send to USDA.

 

http://www.akc.org/petition/ 

 

As of today, June 14, 2012, there are over 31,000 signatures on the AKC petition….a nice counter to the HSUS anti-breeder petition. Please do sign the AKC petition also, but remember, your signature on a petition is NOT a substitute for your official, personal comment to the USDA on their website. Both are helpful, but your personal comment to the USDA is ESSENTIAL to defeat this proposal.

 

Thank you for taking a few moments out of your day to post a comment to the USDA and to sign AKC's petition.

 

Sincerely yours,

Officers and Board of Directors

California

Federation of Dog Clubs

 

*****Cross-posting encouraged******

USDA attempts to regulate small breeders

How many of our rights and freedoms are we supposed to sacrifice in the attempt to protect the morons who don't research their purchases? Just when does the onus for personal responsibility enter the picture?




If you buy "hot" merchandise there is a legal presumption that you should know better. Why should people not be held accountable when they themselves support sellers and brokers like "Wizard of Claws" and such? Those buyers are perpetuating the problem and they are just as bad as the ones who sell them the dogs. IMO they get what they deserve when they buy without doing their due diligence and proper homework.


The government takes a few random complaints from idjits as their excuse to intrude and impose their ridiculous, excessive "standards" across the board. Like all government agencies, the primary operative mode for the USDA is self-preservation; expanding its sphere of influence and sucking up more and more of our tax dollars to ensure survival.

If we point out the exemption for the casual home breeder, who thoughtlessly allows their unregistered, unvaccinated, un-health-tested bitch to have an unplanned litter, next thing we know THAT will be made illegal and the owners of ALL bitches everywhere will be included....they'll dredge up the good ol' PUPS standard of ONE BITCH as the threshold for federal regulation.


Let's face it, the intent is not (or at least should not be) to "regulate" businesses that abuse animals, but to drive them out of business. And the ARs know that support for that goal will take out many other too. That's their plan! Unfortunately the rest of us will go down the drain right along with the few abusers when they are legislated out of the picture. The free market generally works best. Exposes and public education have worked to solve the  "overpopulation crisis", why not education about how NOT to buy a dog to solve the problem of unethical internet sellers?

Trojan Horse

A proposed change in USDA rules would bring almost every pet breeder under federal guidelines, forcing them to build commercial kennels and submit to unannounced inspections by either the public or the USDA. The new proposal would appease the blood-lust of animal extremist groups like the HSUS, PETA, ASPCA, and In Defense of Animals. These groups support a surge in the war against pet breeders, and using the US Federal government to aid in their vendetta makes it even more objectionable. Imagine our own federal income tax dollars spent in the quest to shut down any in-home pet breeding. Nauseating.

The new proposal comes at a time when we find the Federal government under heavy pressure from the HSUS and other AR groups to over-regulate animal breeders under the guise of improving animal welfare. Anti-hunting, anti-breeding, and anti-agriculture bills are popping up all over, and our legislators still don't seem to be clued in yet to the AR agenda.

The idea with the new USDA proposal is supposedly "to close a loophole for pets sold on the Internet." The truth is, there is no "loophole" that needs closing. Pet breeders are heavily regulated already at the Federal, state and/or local levels. With the federal budget deficit, there are insufficient resources to enforce the rules for commercial breeders as currently defined without bringing thousands of new entities under the USDA umbrella. And, so-called "Puppy Mill Bills" have been passed in almost a dozen large states, making federal intervention unnecessary in those locales.

A comment period is currently open until July 16. Please do go to the site to voice your objections and request the proposal be withdrawn:

http://www.regulations.gov/#!submitComment;D=APHIS-2011-0003-0001

To view previous comments and get an idea of what others have already said, check here:

http://tinyurl.com/7aqm66y

Now, ay, here's the rub. Should enough people complain that the USDA withdraws the new rules, there is a bill pending in Congress that will accomplish pretty much the same goal. This bill is PUPS and we have blogged about it here previously. PUPS would tag anyone with ownership of ONE bitch, who sells "X"-amount of dogs or puppies in a year, as a commercial breeder. Makes no difference if you are an active hobbyist who does some breeding but still operates at a financial loss as most do….it's just a numbers game played with the intent to stop breeding by any means possible.

PUPS has nearly enough sponsors to be passed should it come to a vote. And, if the new APHIS regulations are not implemented once the July comment period closes, then I strongly suspect that PUPS will be brought up almost immediately for a vote quicker than we can say "WHAM BAM THANK YOU MA'AM ".

So it is important to continue to oppose on both fronts….PUPS as well as the new APHIS regulations.

Dogs - Pets, or Livestock?

We often hear from animal extremist groups that pets are not products or commodities, they are family members. They are not livestock and should not be treated or viewed as livestock. After all, dogs and cats are not usually intended as meat for the dinner plate (unless, of course, you attend a party thrown by the Obama family).


Yet, that's exactly how the US government regards dogs, cats and other pets. Our government considers pets as livestock, subject to US Dept of Agriculture rules and regulations.

Here's a description I found online regarding the purpose of the USDA:

The primary purpose of the USDA is to make sure that all American food that is manufactured and consumed is safe, nutritious and sustainable. The USDA thus establishes and enforces regulations about food handling, preparation and manufacturing. It seeks to find ways to make crops healthier, such as growing certain hybrids or reducing pesticide use. It also works with farmers to develop techniques that enable the farmers to produce crops without injury in an efficient and renewable way.

The USDA employs 100,000 people in their effort to regulate farming. So, how did this behemoth agency stray so far from its original purpose? When did they make the leap from protecting our food supply to assuming the moral authority for dictating every minute detail of animal care and pet breeding?

And, despite the USDA encroaching upon the territory of pet breeding, the public perception of breeders remains very poor. USDA regulation seems to be the mark of a disreputable breeder in the mind of the public, and not the reverse.

We “hobby” breeders have fed into that negative stereotype. After all, WE breed for health and fitness and proper conformation, THEY do not. WE lose our shirts. THEY make money! We mindlessly accept the idea that the Other Guy needs regulations. Not us!

But of course, a breeder is a breeder is a breeder. And now, with our willingness to regulate the Other Guy, we may end up sliding down our own slippery slope.

The USDA is concerned that “commercial breeders” are escaping its regulation by selling via the internet. The idea seems to be that selling via the internet is unscrupulous. Gosh, wonder who put that bug in their ear? Why, HSUS, PETA, and other extremist groups, naturally. So now, the USDA is announcing proposed changes to the provisions that delineate who must be commercially licensed and who may be excused. The USDA is entertaining the idea that smaller, hobby breeders should have the doors to their homes open to the public, much like the retail pet stores who are exempt from USDA regulation. If hobby breeders own more than four breeding dogs, or do not have buyers visit their home, they would have to apply for a USDA commercial license and comply with the reams of APHIS regulations.

There are several major problems with such an idea that leap out immediately. Firstly, few hobby breeders sell locally, so a rule requiring every animal to be seen in its home is unreasonable from a practical standpoint. Secondly, our right to privacy in our homes should be sacrosanct. No one should be strong-armed into turning their residence into a public display area. Of course, there are safety concerns involved with allowing strangers to traipse through your home. Assault, rape, robbery and even murder are not uncommon these days. More than one breeder has been unfairly charged with animal abuse based upon casual visitors who entered their home. Meetings between buyers and sellers are more safely conducted in a public location such as a park, a dog show, or a veterinarian’s office. And last but not least, APHIS regulations prohibit raising dogs in your home. They would effectively eliminate the smaller-scale breeders.


The attempt to eliminate internet sales ignores the fact that that this is the internet age. All pet breeders, commercial or otherwise, use the internet as a communication and sales tool.

I must confess, I have bought dogs via the internet myself, using email communication, online pictures and pedigrees. I experienced no problem with my transactions, but if there had been any glitches, I would have considered that the risk that I chose to take in my situation. I much prefer freedom and choices and accepting responsibility for my own actions to having the government micromanage my activities. We have all seen how well Federal oversight works in so many areas – NOT! Just consider the TSA, the Patriot Act, the failed war on drugs, the lack of control of our border. The list goes on and on. But, I digress….

Did we mention that HSUS lacky and animal rights attorney Sarah Conant has been hired as the head of the APHIS enforcement department? I'm sure she is just waiting to pounce on as many breeders as she can possibly find.

This is scarey stuff, folks.
Pet breeding should be regulated at the local level, with minimal rules and inspections related to basic health, sanitation and rabies control That’s it!


US presidential candidate Ron Paul advocates for the elimination of several Federal agencies. The USDA is not on that list. After all, we do need some public oversight of our food supply. But perhaps it is time to put the seriously overweight USDA on a diet. There’s quite a bit of fat to be trimmed in that department.

Here's the link to the proposed changes. Somebody sure has a lot of free time on their hands.

http://www.aphis.usda.gov/newsroom/2012/05/pdf/docket_APHIS_2011_0003.pdf

The Sale of Puppies Online

This article originally appeared in The Fancy Speaks column in the February 10, 2012 issue of Dog News. It is reprinted here by permission of the author.

The Sale of Puppies Online

Carlotta Cooper

I read the January 20, 2012 DOG NEWS editorial “Regulating The Sale Of Puppies Online” with concern. Although it’s clear that the editorial is well-intentioned, it comes dangerously close to embracing the PUPS bill which is now in Congress. And PUPS, H.R. 835/S. 707, would be very harmful for hobby dog breeders.

The editorial argues that the Internet is used for the sale of dogs, which is true, and that some of these dogs come from places which have no policy or guidelines for their sale. Some even come from “the unregulated commercial breeder.” This is also probably true. The editorial goes on to ask, “Who is there to determine whether or not the seller is responsible? Who establishes the policy to protect the dog in these situations whether or not it is a commercial or homebred sale?”

I would like to point out that people have been selling dogs by means of newspaper classified ads, magazine ads, billboard notices, and other forms of commerce and advertising for generations. No one has been regulating these retail sales directly to the public. The thinking has always been that the buyer needs to be careful when buying anything, from anyone. Caveat emptor has a very real meaning when it comes to buying a pet. The buyer should exercise due caution when buying a puppy or dog, whether they are buying from a magazine, newspaper, or over the Internet. It is not the responsibility of the government to regulate the sale of puppies for the buyer. It is up to the buyer to use some good judgment when making a purchase. This hasn’t changed since people were buying puppies from ads in dog magazines in the 1980s, or buying dogs at any other time in history.

Large commercial breeders who are inspected by the USDA are already regulated and they do report their wholesale sales. However, the retail sale of puppies and dogs directly to individual buyers has never been regulated at the federal level. In many states this kind of sale is now regulated at the state level, if you sell more than x number of puppies per year. In some states it is covered under a sales and use tax, the same kind of tax that covers the sale of Girl Scout Cookies or having a yard sale. If you sell more than a certain number of puppies per year in some states you would be required to get a business and/or kennel license so you could regularly report your tax income from sales.

HSUS calls the fact that retail sales to individuals are not regulated at the federal level a “loophole” and, in PUPS, they are trying to change this situation. But this exemption of retail sales for small breeders is not a loophole. It is the way the law was intended to work. In DDAL vs. Veneman (2003), the case in which the Doris Day Animal League sued the USDA to try to make them inspect retail breeders (home, hobby, show breeders), the judge gave a clear ruling that small breeders were not the same as pet stores and did not have to be regulated or inspected as such. HSUS has been trying to change the law through PAWS and PUPS ever since that time.

These small hobby breeders and others who sell puppies and dogs by retail means were not meant to be regulated in the same manner as large commercial breeders. But that’s what PUPS would do.

It is up to the buyer, not to the government, to check out the person who sells a puppy. Otherwise, all of us who breed dogs are going to have the USDA visiting our homes to see how we keep and raise our puppies.

Now, it’s true, as the editorial mentions, that many people don’t like the idea of “regulation,” but in this case regulation cuts right to the core of everyone who breeds and shows dogs. If PUPS becomes law it would cripple breeders who show, breed dogs for performance, and who breed quality companion dogs. We would be required to meet the same USDA standards that are in place for large commercial breeders, even though we raise puppies in our homes. Most of us could not do this and the result would be the end of countless serious breeding programs in the show world, along with the end of precious bloodlines and, in some cases, the end of breeds.

The AKC sees this, too. On January 26, 2012 they sent a letter to members of Congress from Dennis Sprung with their concerns about PUPS. Among other things it says:

“The AKC does not oppose the concept of regulating high volume breeder retailers but we believe that the definitions proposed in this bill are misleading, overly broad, and potentially damaging to responsible breeders who individually maintain and breed only a few dogs in their homes.

“Although PUPS was designed to regulate internet sales of puppies, it would require anyone who owns or co-owns even a few female dogs that produce 50 or more puppies offered for sale in a year to be regulated under existing USDA dog "dealer" regulations. These regulations are designed for high-volume commercial kennels that produce puppies for wholesale, and require a USDA commercial license, maintenance of specified commercial kennel engineering standards and regular inspections. They are not appropriate for small breeders who may keep only a few dogs in their homes.”

In short, AKC opposes PUPS as it is written and asked members of Congress to withhold their support.

As it is written, PUPS would also regulate anyone who sells these puppies by any means, not just over the Internet. It specifically includes anyone who “sells or offers for sale, via any means of conveyance (including the Internet, telephone, or newspaper),” so it does not just intend to regulate people who sell over the Internet.

I doubt I have to mention how many show breeders have web sites or sell puppies online. You would also fall under this bill for Internet regulation of puppy sales.

PUPS is a very dangerous bill that will harm all of us who breed and show dogs. If you haven’t contacted your legislators to ask them to withhold support for PUPS, you can contact them by visiting this site: http://www.contactingthecongress.org/

Here is some more information about PUPS:

WHAT PUPS DOES:

• Abandons traditional determination between wholesale and retail---so that

USDA can regulate home/hobby breeders who don't sell to pet stores.

• Begins USDA regulation of anyone (with 1 intact female dog over 4 months of

age) who sells, places, or adopts out more than 50 dogs in a year ... to start.

Could easily be amended down to 10 ... to 2.

• Takes away your right to privacy in your own home. USDA or their contractors

can without notice enter your home and inspect it if they SUSPECT you might

meet criteria for regulation.

• Over-regulates responsible home breeders out of existence. Mandates non-

porous floors, kennel sizes, floor drains, and pages of requirements impossible

for most home breeders to follow.

• Forces shelters, and home/hobby breeders to redesign their current facilities in

order to meet federal standards.

• Establishes government controlled exercise standards that are not scientifically

proven.

• Sets precedent with exercise standards for future rigid socialization and

breeding standards that would remove owner’s flexibility to use professional

judgment based on breed and purpose.

• Reduces the ability of the American public to obtain healthy privately bred or

rescue dogs of their choosing.

• Places an unfunded mandate on Animal and Plant Health Inspection Service

(APHIS) and overextends their enforcement ability.

• Fails to exempt sportsmen, sporting dog trainers, and hunting clubs from being

regulated alongside in-home sellers.

• Adds more federal oversight and regulation into Americans’ daily lives.