Sunday, June 10, 2012

RPOA Texas Outreach Alert - APHIS Proposed Rule

From RPOA Texas Outreach and Responsible Pet Owners Alliance
Crossposting is encouraged.
June 7, 2012 Immediate Action Required!
http://www.rpoatexasoutreach.org/Action_Alerts/E-NewsMsg-USDA_APHISproposedregs2012.pdf

This alert can also be found under the Action Alert Button on our website: http://www.rpoatexasoutreach.org/

URGE WITHDRAWAL OF USDA "Document ID APHIS-2011-0003-0001," a proposal to regulate home breeding of all species of pets! This is a far reaching proposal that will have tremendous implications for all pet/animal owners, who are the real stakeholders regarding this proposal - not breeders. It is an overreach of the federal government that will result in an exodus of responsible pet breeders and lead to a shortage of healthy, well bred, well socialized pets.

For over 40 years, ANYONE selling, at retail, the following animals from their homes for use as pets has been considered a "retail pet store" and exempt from USDA licensing: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and cold-blooded species. APHIS is seeking comments regarding changes to this longstanding definition of "retail pet store." Large scale breeders selling wholesale to pet shops are already required to be USDA licensed.

ALSO AFFECTED: Rescuers, their foster homes, service animals, guide dogs for the blind, sportsmen, military dogs, and many other groups that "sell" animals. When asked about these recently during the APHIS Teleconference Call, Kevin Shea, with USDA, said: "If they [the animals] are sold, they come under this rule."

Due to a widespread public outcry, the Department of Labor recently withdrew a proposal which would have restricted children's chores on family farms. With your help, we could do the same with this proposal. Per USDA: The sale of "one" pet away from the breeder's home would result in a violation requiring the breeder to be USDA licensed!

HSUS fingerprints are all over this and they are aware that USDA regulations can't be met in the home setting of hobby breeders. Senators Dick Durbin (D-IL) and David Vitter (R-LA), both PAWS sponsors, told media that they had written to Secretary of Agriculture Tom Vilsack in October 2011, urging USDA to "close this unnecessary loophole through regulatory action, rather than requiring additional congressional action." The "loophole" referred to is selling pets on websites and claiming this is "sight unseen." Not always true! Reputable rescuers and breeders both have pictures, video and sometimes sound on their websites and are already regulated with Animal Cruelty Laws at the local and state level.

CHOICES under the proposed rules to "remain exempt" from the Animal Welfare Act:

1) The buyer MUST ALWAYS come to your home at least once per sale. No limits on any numbers but one violation of a sale off premises, and USDA licensing is mandated.
2) OR "maintain" four or less "breeding female animals." Sell their offspring directly to consumer only. Allows pet sales away from home.
3) OR get a USDA License.

USDA says they have no definition for "breeding females" at the present time. IMPACT: Economic impact would be disastrous to veterinarians, giant corporations, and small businesses that depend upon pet ownership for sales of pet food, pet supplies, pet animals, grooming, boarding, training for pets and much more. These regulations will affect thousands of caring, ethical hobby breeders who will shut down their breeding programs in protest.

RPOA'S FOUR PRONGED APPROACH OF OPPOSITION:
1) E-mail your elected U.S. senators and representatives. Find your elected U.S. Representatives from Texas at www.capitol.state.tx.us . Type your address in the Search Box and your U.S. senators' and representatives' names will come up. Click on their name and send an email. Copy and paste any of this information.
2) Separate comments must be made to USDA/APHIS before July 16, 2012 11:59 PM ET. However our elected legislators have more power than our personal comments will ever have:
Go to: http://www.regulations.gov/#!submitComment;D=APHIS-2011-0003-0001
Multiple comments may be made. USDA wants to know how this regulation will affect you and mistakenly assumes that breeders are the only ones affected. All pet owners are the "stakeholders" here and healthy, well-bred, socialized pets will be more expensive and difficult, if not impossible, to find. Personalize your message. Involve friends and family.
3) Educate everyone as to the economic impact of this proposal if it passes.
4) Forward this alert to your personal veterinarians and state legislators to expose the national HSUS Legislative Agenda to regulate pet ownership out of existence. Your personal state legislators can be found at: www.capitol.state.tx.us with the Search Box (by address).
5) Contact USDA Secretary Tom Vilsack: Information Hotline (202) 720-2791 and request that this proposal be withdrawn.

ENFORCEMENT: USDA is under fire for lax enforcement of existing law and cannot support expansion of their duties. APHIS' Regulatory Impact Analysis is heavily flawed and greatly underestimates the number (1500) of new licensed facilities to be caught up in this national net. Christine Jones (USDA) says: "It will be a multi-faceted approach: complaints received, self-reporting and facilities coming forward ..." "Animal Rights" extremists will flood APHIS with complaints!

WHY WE DON'T WANT UNINVITED PERSONS IN OUR HOMES: 1) Unannounced federal employees conducting inspections. 2) Shoes carry diseases (especially Parvo Virus, deadly to puppies). 3) Harassment and vandalism from "animal rights" fanatics. 4) Danger of stolen dogs or property by visitors sizing up facilities and security.

Surveys for APHIS Comments

The ASCA (Australian Shepherd Club of America) Legislative Committee has drafted (and paid for) two surveys to complete for comments on the proposed new APHIS/USDA rule - one for breeders, one for owners. The surveys are very brief. Please take a moment to participate if you have not done so already. Surveys may be closed on June 15th unless ASCA decides differently.

Survey for breeders (or any owner of intact bitches) and the link is http://www.surveymonkey.com/s/T33Y22L

Survey for anyone who has acquired a dog in the last 10 years and the link for that is http://www.surveymonkey.com/s/M2H5C5L


Wednesday, June 6, 2012

CALL TO ACTION: Comments needed - USDA/APHIS retail pet seller rule change

As you know by now, APHIS proposes to revise the definition of "retail pet store" to bring more pet animals sold at retail under the Animal Welfare Act (AWA) licensing and regulations. APHIS plans to narrow the definition of retail pet store so that it means a PLACE OF BUSINESS OR RESIDENCE THAT EACH BUYER PHYSICALLY ENTERS in order to personally observe the animals available for sale prior to purchase and/or to take custody of the animals after purchase. Under the proposed rule no dog or other pet animal will be sold at retail WITHOUT either public or APHIS oversight. This is the critical point.

WHAT WE KNOW

- For decades pet sellers in the retail sector have enjoyed immunity from federal licensing under the definition of a “retail pet store”. Historically retail sellers were not licensed by the federal government due to the general ability of the public to provide their own scrutiny of pet sellers and government concerns such as duplicative efforts with state or local laws.

- The proposed rule change has been circulated in the media and by HSUS as “closing an Internet loophole” in the AWA that will bring regulation to unscrupulous dog breeders who operate in substandard conditions. Far from it!! The broad scope of the proposed rule could bring hundreds of thousands of pet retailers and rescuers of domestic animals under federal regulation.

- A breeder/seller of any species currently covered under the “retail pet store” definition can potentially lose their exemption and be required to obtain a federal license for even occasionally selling sight unseen via the Internet. “Covered” species includes dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds.

- The proposed rule would require EVERY SINGLE BUYER to physically visit a retailer’s premises. Therefore selling even one pet OFF PREMISES at a show, at a park, or arranged location without the buyer visiting first, will result in loss of an exemption from federal licensing. Rescue organizations are NOT exempt from this proposed rule. Selling pets at an adoption day event away from their base location or traveling to meet potential adopters would no longer be permitted without a federal license. This proposed requirement places undue limitations on buyers as well as sellers.

- Living under USDA licensing is NOT an option for the average retail seller. Spare rooms in homes, porches, covered kennel runs, and barns can never be converted to a USDA-compliant facility. Federal engineered standards for licensed facilities dictate enclosure sizes, sanitation, 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. Most residential environments would not permit zoning variances for such facilities.

- Exemptions from licensing are limited. Breeders of cats, dogs, and small exotic animals are currently exempt if they have 3 or fewer breeding females. APHIS proposes to increase this to 4 or fewer breeding females. However, either limit makes it very difficult to build a breeding program without constantly moving out or spaying older females to make room for the next generation. To have more than this number of breeding females requires a license.

- There is still an exemption for sellers who derive less than $500 gross income from the sale of other animals (this does not include dogs, cats, and exotic or wild animals).

- The massive expansion of regulatory responsibilities into the private sector outlined in the proposed rule is not only impractical but unaffordable for an agency that is currently addressing serious budget challenges. For the past several years, APHIS’ budget has been shrinking; since 2010 the budget has decreased by roughly 10 percent. The 2013 submitted budget calls for an additional decrease of 6.6%.

ACTION REQUIRED

OPPOSE adoption of this proposed rule. APHIS needs to hear most from those who are likely to be affected by the rule. Are you already licensed under local or state law and would federal regulation be a duplicate effort? Explain briefly how the rule will impose costs on your breeding program and activities and whether this will cause you to cease or limit your hobby or operations.

Suggested comments are available at the SAOVA website and can be customized. Submit a separate comment for each point you wish to make in opposition to the rule. Comment period ends July 16, 2012.

Post comments at the APHIS portal
Send a copy of your comment to Congressman and reference Docket No. APHIS-2011-0003
Directory of Representatives
Directory of Senators

ADDITIONAL INFORMATION can be found at PIJAC and at the Cat Fanciers Association.

Tuesday, May 22, 2012

Durbin, Vitter urge regulatory action from Vilsack

U.S. Senators Dick Durbin (D-IL) and David Vitter (R-LA), long time supporters of HSUS and its agenda, go to bat yet again for this radical animal rights group. HSUS bill sponsors Durbin and Vitter seek to circumvent Congress in order to impose federal regulation on dog - and other small animal breeders - in the private sector.

In October 2011, Durbin and Vitter wrote to Secretary of Agriculture Tom Vilsack to urge USDA to amend the Animal Welfare Act (AWA) through regulatory action, rather than requiring congressional action.

The proposed rule was announced May 10, 2012. Applauding USDA for taking this step, Durbin states, "Today's announcement by the USDA brings much needed oversight to the previously unregulated puppy mills raising puppies under terrible conditions. This rule will put an end to a loophole in the law that was being exploited by large, negligent puppy breeders ..."

Contrary to Durbin's claims, the proposed rule triggers licensing for anyone with 5 or more intact female dogs, cats and small exotic mammals sold as pets - hardly what anyone other than an animal rights activist could term to be a large puppy mill. The scope of the proposed rule is so broad, it captures thousands of individuals who were never intended to be in the scope of the AWA.

Article: Durbin, Vitter commend USDA rule to regulate online puppy sales

Thursday, May 17, 2012

USDA/APHIS Notice of Rulemaking Posted

SAOVA friends,

Historically retail sellers of dogs, cats, and small animal such as rabbits, guinea pigs, hamsters, gerbils, domestic ferrets, and others for use as pets have been considered part of the “retail pet store” exemption and therefore are not required to procure federal licensing. This week APHIS posted a Notice of Rulemaking to revise the retail pet store definition. According to APHIS, the purpose is to modernize the Animal Welfare Act (AWA) and allow federal oversight for pets being sold sight unseen via the Internet. The proposed rule will change the definition of retail pet store so that it limits the exemption to only business and residences where buyers physically enter to observe the animals available for sale as pets prior to purchasing them.

Basically the new rules present breeders with few choices: Sell all dogs, cats, and listed small animals only to buyers who physically enter your premises, reduce and maintain the number of breeding females to four (4) including co-ownerships and dogs, cats, etc. shared with family members; OR obtain a license under the Animal Welfare Act, build a federally compliant facility, and allow APHIS inspectors to inspect your homes and facilities.

Selling even one pet off premise via shipping, at a friend's home, at a show, at a park, will result in loss of an exemption from licensing, placing limitations on both buyers and sellers. The narrow limits of the exemption restrict the ability of hobby breeders to work together remotely, sharing dog/cats from litters in order to implement their breeding programs and/or increase diversity in their lines.

This is a proposed rule by an agency, not a law Congress will vote on. The comment period is only for 60 days and APHIS needs to hear how this affects you.

APHIS cannot make a realistic analysis without understanding the dynamics of conflict with existing state/local ordinances and potential impact to small scale breeders that will be created by revising the current exemption.

The transcript of the teleconference hosted by APHIS as the proposed rule was announced should help explain coverage and limitations presented in the proposed rule. Additional information is available at the APHIS website.

A brief analysis is posted at the SAOVA website.

DOCKET NO. APHIS-2011-0003 RETAIL PET STORES AND LICENSING EXEMPTIONS

APHIS is seeking comments on the proposed rule on how best to target enforcement and whether exemptions should be maintained or expanded for smaller breeders. The proposed rule does not seek to change current standards for traditional retail pet stores, which are subject to individual state regulations.

Comments are due July 16, 2012 11:59 PM ET and may be submitted online by visiting the Federal eRulemaking Portal

Comments may also be mailed 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.

Please read the proposed rule carefully. We encourage cross posting of this message.

Susan Wolf
SAOVA

Thursday, May 10, 2012

USDA seeks change to regulate Internet and retail pet sales

Dear SAOVA Friends,

This afternoon USDA’s Animal and Plant Health Inspection Service (APHIS) held a stakeholders conference call to announce a forthcoming proposal to revise its definition of “retail pet store”. APHIS states this proposal restores the definition to its original intent so that it limits the retail pet store exemption to only those places where buyers physically enter to observe the animals available for sale prior to purchasing them and where certain animals are sold or offered for sale at retail for use as pets. The definition of pet includes dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and coldblooded species.

To meet the exemption requirements for the newly defined retail pet store, buyers must be allowed to physically enter the retail seller’s place of business or residence in order to personally observe the animals available for sale prior to purchase and/or to take custody of the animals after purchase. In addition, breeders must have four or less breeding females and can only sell the offspring of the breeding females that were born and raised on their premises, and sold for pets or exhibition.

USDA/APHIS issued a press release this afternoon: USDA Proposes to Close Loophole on Retail Pet Sales to Ensure Health and Humane Treatment which can be found at this link: http://tinyurl.com/7b9kbpj

The notice is scheduled for publication within a week in the Federal Register. The proposed rule and an FAQ are currently available at http://www.aphis.usda.gov/ . Proposed Rule is Docket No. APHIS-2011-0003, Regulatory Analysis and Development PPD APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD, 20737-1238.

Once the rule is published there will be a 60 day comment period. The APHIS Factsheet states: under the proposed rule, no dog or other pet animal will be sold at retail without either public or APHIS oversight.

Obviously this rulemaking proposal will have far reaching impacts on sportsmen, dog, cat, and small animal breeders. SAOVA will distribute further analysis and updates as the rule making process continues.

Tuesday, May 8, 2012

Praise for Domino’s Rejection of HSUS Proposal

US - Domino’s Pizza shareholders last Wednesday rejected – by a majority vote of 80 per cent – a resolution from the Humane Society of the United States (HSUS) requiring its pork suppliers to stop the use of gestation stalls. The National Pork Producers Council (NPPC) hailed the move as a vote for common sense.

Animal activist groups recently have influenced several prominent foodservice companies, including McDonald’s, Wendy’s and Burger King, to make poorly informed decisions on sow housing said the NPPC.

“The vote to reject the HSUS resolution was a vote for common sense,” said NPPC President R.C. Hunt, a pork producer from Wilson, N.C. “We appreciate Domino’s belief that America’s farmers, veterinarians and other animal agriculture experts are better suited than activist groups to determine what the best animal care practices are.”

US pork producers care about their animals and rely on the experience and knowledge of animal care experts, including the American Veterinary Medical Association and the American Association of Swine Veterinarians, when designing housing and handling their animals. These associations recognize both gestation stalls and group housing systems as appropriate for providing for the well-being of sows during pregnancy.

“Removing sow stalls has no demonstrable health or welfare benefits to animals,” said Dr Liz Wagstrom, NPPC chief veterinarian. “In fact, the key factor that most affects animal well-being is husbandry skills – that is, the care given to each animal. There is no scientific consensus on the best way to house gestating sows because each type of housing system has inherent advantages and disadvantages.”

America’s pork farmers are committed to producing safe, affordable and healthy foods for consumers, using industry customs and practices that have been designed with input from veterinarians and other animal-care experts. Providing humane and compassionate care for their pigs at every stage of life is one of the We Care ethical principles to which US hog farmers adhere, said NPPC. ThePigSite News Desk