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-- NEW APHIS/USDA Rules (http://forums.ukcdogs.com/showthread.php?threadid=928337894)

NEW APHIS/USDA Rules

SYNOPSIS
APHIS published the Final Rule September 10, 2013 which revises the definition of "retail pet store" to bring more pet animals sold at retail under the Animal Welfare Act (AWA) licensing and regulations. The new definition of retail pet store means a place of business or residence where the seller, buyer, and animal are physically present in the same location. The transaction does not have to take place at the seller’s home. Previously, APHIS did not regulate any pet sales made directly to the retail consumer.

Of concern is the interpretive definition of a breeding female. APHIS states it must be assumed that any female capable of breeding may be bred. It is ultimately an APHIS inspector’s responsibility to decide whether an animal is a breeding female, and this decision must rely on a variety of factors. Inspectors currently rely on factors such as the animal’s age, health, and fitness for breeding in deciding whether an animal is a breeding female.

Small scale breeders who are not operating as pet businesses may now be regulated. Breeders working away from home could be subjected to fines by APHIS if they are not home for unannounced inspections.

Additional concerns exist that small breeders be may be the subject of activist harassment and Freedom of Information Act requests.
WHO MUST BE LICENSED?
A USDA License is required for a Dealer, defined as any person who buys, or sells, or negotiates the purchase or sale of animals for pets for one of the following 6 uses:
Research, teaching, testing, experimentation, exhibition*, use as a pet. A Dealer is also anyone who buys or sells dogs at the wholesale level for hunting, security, or breeding purposes.

* Exhbition means any person (public or private) exhibiting any animals to the public for compensation (carnivals, circuses, animal acts, zoos, and educational exhibits, etc.)

SIGHT UNSEEN SALES. All breeders who sell animals sight unseen and who maintain more than 4 breeding females must be licensed by the USDA. This includes the following list of pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets.

NOTE The final rule has raised many additional questions for breeders since most breeding programs do not fall into neat categories but encompass multiple levels of competition and types of sales; hunting dog kennels have variations as well with dogs used for more than one purpose. We are working to provide additional clarification and will post when information becomes available. PLEASE do not panic and start spaying bitches, giving dogs away, or reducing your kennels. Do not do anything that cannot be undone.
EXEMPTIONS
Any person who sells dogs at retail for breeding, hunting, security, or as working dogs. A person who sells and ships animals at retail for breeding purposes is not considered a dealer and is not subject to licensing. Such persons could continue selling at retail and shipping animals sight unseen as long as the animal is used ONLY for breeding purposes and not for any of the 6 purposes listed under the definition of Dealer.

Any person who sells or negotiates the sale or purchase of any animal except wild or exotic animals, dogs, or cats, and who derives no more than $500 gross income from the sale of such animals.

Any person who meets the definition of Retail Pet Store.
Retail pet store means a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of that animal after purchase, and where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic ferrets, domestic farm animals, birds, and coldblooded species. In addition to persons that meet these criteria, retail pet store also includes any person who meets the criteria in § 2.1(a)(3)(vii) of this subchapter.
ADDING NEW LICENSEES
The Rule is effective 60 days from publication. APHIS will begin to identify potential licensees by reviewing breeder marketing and websites and via public complaints.
FILES FOR RULE CHANGE
Docket No. 2011-003
Animal Welfare Act Integrated
Comments from Cat Fanciers Association
AKC. USDA/APHIS Finalizes Rule Impacting Pet Breeders
Transcription of the APHIS Conference Call September 10, 2013 announcing final rule
RULE IMPACTS
APHIS continues to maintain that the benefits from this rule will outweigh any costs. We disagree and believe that AHPIS has continually underestimated the numbers of breeders who will be impacted by this rule as well as cost to both breeders and the agency for implementation.

In the original 2012 analysis APHIS suggested 1,500 dog breeders would be newly licensed. This final rule summary notes, “There is a great deal of uncertainty surrounding the number of facilities that will be affected by this rule, as we acknowledged in the proposed rule, and as evidenced in the public comments.” According to the new APHIS estimate, there could be as many as 15,000 online breeders who would likely be affected by this rule. APHIS maintains that only 75% of the pet breeders would sell some pets sight unseen and estimate the final number of new licensees would drop to approximately 4,640. However this still doubles the current workload.

In 2012 APHIS also stated that increasing the number of breeding females from 3 to 4 would possibly reduce current license holders by 31%. The final rule summary states that APHIS expects the number of current licensees that will fall below the new exemption threshold will be very small.

APHIS also acknowledges that neither the number of entities that will need to make changes nor the extent of those changes is known. Therefore, the overall cost of structural and operational changes that will be incurred due to this rule is also unknown.

In the final rule summary APHIS maintains their plan to incorporate newly affected entities into the existing regulatory system using a phased implementation for conducting initial prelicensing inspections and compliance inspections eliminates the need for additional personnel.
FINANCIAL IMPACTS
For the past several years, the APHIS budget has been shrinking; since 2010 the budget has decreased by approximately $87 million, or roughly 10 percent. In a recent February meeting, APHIS administrators discussed agency changes in response to reduced funding and how the agency plans to preserve core functions while challenged by annually decreasing budgets. The FY 2012 federal Budget contained appropriation for APHIS programs of $837 million, which was 8.3% or $76 million lower than the amount appropriated for APHIS in FY 2011.

Budget cuts are likely to continue into the foreseeable future. The President's 2013 budget request submitted in February to Congress calls for a decrease in APHIS funding by an additional $54 million, or 6.6 percent.

FY 2014 USDA Budget has been released and again there is little revision to the current budget. The APHIS 2014 budget request of $798 million is an overall reduction of $24 million from 2013. Money requested specifically for Animal Welfare activities and enforcement is $29 million, a requested increase of only $1 million which is split between Animal Welfare and Horse Protection. Increase for Horse Protection requested to $893,000 from current $500,000; therefore leaving virtually no additional funds to enact or enforce increased regulation.

SAOVA remains opposed to this costly expansion of regulation that invades the privacy of American homes in order to establish standards for pet care that are not compatible with residential environments.

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SKY
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Author of the novel "Follow Jennifer"

The War against Pets & livestock

It's the irresponsible people allowing their dogs to roam uncontrolled while reproducing & populating the streets & "shelters" with mutts & "oops" dogs. " I use the word "shelter" with tongue-in-cheek because there are several types of "shelters." Some "shelters" are nothing more than slaughter houses satisfying PETA, HSUS & ASPCA philosophies, some "shelters" are profitable mutt shops selling strays collected from around the world, and some local shelters are no-kill with sincere goals of finding homes for dogs but needing more funds because HSUS spends millions on rounding up strays in other countries while funding government programs that restrict ALL domestic animal ownership & production. In reality there are fewer vegans & radicals than those of us supporting pet ownership, fishing, hunting, farming & ranching. But FACE it - the AR radicals are well funded because they stick together to gain misguided public opinion & donatiions while the rest of us complain & bicker amongst ourselves, resulting in more benefits to the radicals. Support your local shelters but get the word out to the PUBLIC about HSUS, PETA, ASPCA, AR trolls in government & vegan goals for our country and the rest of the world.

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SKY
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Author of the novel "Follow Jennifer"

HSUS Program to eliminate domestic animals

ý"We have no ethical obligation to preserve the different breeds of livestock produced through selective breeding. One generation and out. We have no problems with the extinction of domestic animals. They are creations of human selective breeding." Wayne Pacelle, then Senior VP of the Humane Society of the United States, May, 1993.

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SKY
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Author of the novel "Follow Jennifer"

I still say that if the KC's would more closely monitor the ppl that register a large number of litters per year, that is where they should start. If I register 10 or so litters a year, I may be a puppy mill. NO ONE needs that many litters in 12 months. unfortunately, the KC's want the registration fees and turn a blind eye to "puppy mills" that are registering with them. jmo and Im sticking to it.

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2012 National Grand Show Champion, World Show Bluetick Female CCH GRCH 'PR' Southern Flame Blame it on the Rain (Rain)
2012 Purina Show Bluetick Breed Winner GRCH 'PR' Southern Flame Grt Balls o' Fire (Jerry Lee)
2013 World Champion Bluetick, 2013 AO Overall Bred By winner GRCH 'PR' Sexy and I know It (breeder)
2015 AO Overall Dual Champion NTCH GRCH 'PR' Sexy and I know It (breeder/owner/handler)
2016 Grand American Overall Dual Ch, Overall Show CHampion NTCH GRCH 'PR' Sexy and I know It

AKC CSG, UKC CCH GRCH 'PR' Southern Flame Bad News Bandit (Bandit)
2010 National Grand Champion Bluetick
2013 AO Bluetick Stud Dog winner

CCH GCH 'PR' Southern Flame Elvira - the one that started it all

southernflamekennel@earthlink.net

RIP Southern Flame Elvira (the cornerstone of the kennel) 5/16/02-1/17/14

RIP Southern Flame Scarlet (the lone Redbone) 5/11/01-7/19/13

RIP Southern Flame Wild Irish Rose (Rosie) 6/15/09 - 3/12/15

RIP Southern Flame Too Hot to Trot (Bonnie) 3/27/07 - 4/20/15

RIP Southern Flame Bad News Bandit (Bandit)

RIP Southern Flame Triple Trouble (TT) 12/17/04 - 11/19/16

RIP Southern Flame Blame it on the Rain (Rain)

RIP AdeleMay's a Smokey Bandit (Adele)

RIP Southern Flame I Like Ike (Ike)

RIP Bella the Beagle

Bear, Jerry Lee, Camo, Maybellene, Lacy, Thor, Sissy, Merle, Tina, Bridgette - the Blueticks, Hollie - the Aussie

The AR Plan

The great "adopt don't shop" mantra that is being publicized nationwide is just part of a worldwide propaganda program funded and supported by radical animal rights (AR) organizations.
Funding for Humane Society of the United States (HSUS), People for the Ethical Treatment of Animals (PETA), and many others that also include the Animal Liberation Front (ALF) comes from donations solicited with misleading ads.
ALF conducts direct actions by liberating animals and causing financial loss through the damage and destruction of property and is listed as a terrorist group by the F.B.I.
There is a war waging against breeders of purebred animals. The success and support comes from many celebrities pushing ownership of "designer dogs" and the adoption of shelter pets to a gullible, uninformed public.
The plan is to eliminate all "breeders" and therefore to "dry up" the supply of pets. The ARs have created a misleading image of breeders as cruel criminals in the eyes of the public.
There is a constant barrage of statements from the well funded AR groups about pet overpopulation and the need to spay, neuter and adopt from a shelter.
But the truth is that many so-called shelters (especially in the east coast region) have become profitable "mutt shops" selling thousands of pets brought in from other states and countries because their cages are empty as they euthanize large breeds and older pets that are not as popular for adoption. The imported animals are usually sold for more than $300. There is no national pet overpopulation problem, just regional situations created by irresponsible pet owners.
There have been outbreaks of Parvo and Distemper along with temperament problems from the foreign (mostly stray) dogs. Non profit "rescues" do not operate using the same regulations required for breeders and exhibitors. They seem to be exempt.
A shelter in Maine recently was inundated with hounds not from that area. They offered the hounds at "half price," in an effort to find them homes.
The transport of "rescued" animals has become a profitable business for many of these nonprofit groups and they network nationally to coordinate the movement of animals for the "mutt shops."
The (AR) Plan.
Responsible breeders carefully breed to follow breed standards for conformation and temperament. They are particular about the recipients of their puppies and encourage participation in training and educational programs.
Responsible breeders take pride in the results of their planned litters and are the backbone of events that showcase conformation and performance abilities of well bred dogs. These events are not only social events, they also generate a thriving pet industry supplying food and supplies to millions of pet owners.
The AR plan is to discredit all "breeders," convincing the public to adopt a shelter pet (from unknown lineage with possible genetic problems). This is supposed to eventually eliminate any market for purebred dogs that possess carefully planned and studied pedigrees that insure health, conformation and temperament. The goal is for "breeders" to disappear.
Colorado has proposed promoting shelter pet adoption by making shelter pets the Colorado "State Dog." School children have been included in the program to increase the appeal to legislators. They have swallowed the "AR Kool-Aid."
Too many legislators along with teachers and the general public are "Drinking the AR Kool-Aid."
There is more to the worldwide AR stated goal and that also includes the elimination of all meat, fish, poultry and dairy from menus.
The radicals influence our country using celebrities, misleading advertising and well paid lobbyists. The ARs also infiltrate our government, including the USDA. They have literature to educate followers and conventions to promote their affiliations and goals.
When there are no more breeders and every shelter pet is spayed and neutered then the ARs have achieved their goal.
“We have no problems with the extinction of domestic animals.
They are creations of human selective breeding.”
Wayne Pacelle, CEO Humane Society of the United States (HSUS).
Animal People News, May 1993.

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SKY
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Author of the novel "Follow Jennifer"

Legislators Supporting HSUS/PETA/ASPCA

HSUS National Police Force.
HSUS Law Enforcement Council. Their very own National Police Force?
August 15, 2013
Notes from California Responsible Pet Ownership Council (CaRPOC)
". . .Member activities may include supporting state and federal legislation that strengthens animal protection laws, promoting animal protection training opportunities for local law enforcement, and raising awareness of The HSUS’ animal crimes rewards, tip lines, and other resources. . .
More anonymous paid tips from your neighbor or jealous exhibitor?
We have seen what they've done to the Animal Commission by putting Extremist supporters on the Boards of Fish and Game, Animal Control Boards, we've seen some of the "meaningful" Improvements, haven't we?"
CaRPOC Alert List of Names Supporting HSUS National Police Force.
Former Attorney General of South Carolina, Henry McMaster (SC)
Former Attorney General of Ohio, Jim Petro (OH)
Wayne County Assistant Prosecuting Attorney Gary Michels (WV)
Kemper County Sheriff James Moore (MS)
District Attorney General Mike Dunavant (TN)
Sgt. Joel Caldwell, Galveston Police Department (TX)
Belinda Smith, Assistant District Attorney, Harris County District Attorney’s Office (TX)
Virginia Assistant Attorney General Michelle Welch (VA)
San Bernardino County District Attorney Michael Ramos (CA)
Pennsylvania Representative Dom Costa (formerly Pittsburgh Chief of Police)
Former Chief Wildlife Enforcement Office Nancy Foley (CA)
Corporal Robert Alcon with the Arkansas State Police (AR)

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SKY
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Author of the novel "Follow Jennifer"

Excellent posts, Skyblu !!

What some folks don't realize is that good breeders are seen as COMPETITION by the rescue groups & animal shelters. By getting rid of the breeders, rescue groups & shelters will make more money...

Much of the correspondence that APHIS received last year was from rescue group members, many of whom are heavily animal rights-oriented. The emails & postings (on the APHIS site) that I read were full of complaints about how much money breeders make, & how "$500 per year is MORE than enough" for a breeder to be able to make, "selling their sick and defective puppies"...

Back around 2005, I was at a very large Pet Expo, helping to "man" one of the dog club booths that was on display for the weekend. During a break, I went for a walk around the Expo, talking to different people & looking at all of the exhibits.

One of the booths was a Rabbit Rescue, and the rescue "founder / owner" was there alone, so I stopped to talk to her for awhile. I mentioned that I couldn't believe there was even a NEED for a rabbit "rescue", because if the rabbit isn't show quality, or if it's not a friendly pet - wouldn't you just EAT IT ?? Or give it away ?

The woman smiled at me, then proceeded to explain that there was, indeed, a "significant need" for a rabbit rescue, because too many people got them as Easter pets, then lost interest in taking care of them, so they needed a place to go. She then told me that she had made $80,000.00 (EIGHTY THOUSAND DOLLARS) the previous year, just taking in donations for these rabbits....and selling (oops, "adopting") a few, also.

There is nothing "special" that rabbits need in order to thrive; even their feed is nowhere near the cost of bags of dry dog or cat food. Rabbits don't get rabies vaccines & they don't require vet visits, either. They are a very inexpensive pet to own, & take up very little room. So I was stunned to hear how much money her rabbit rescue takes in. Lots of donations IN, very little outgoing expense = PROFIT.

I have worked with dog rescues that will only "pull" the small, cute, young, easily-sold dogs from the shelters, & I know of other rescue groups that "shelter-surf" online, in order to locate small dogs that are pregnant, so they can pull those females, then whelp & sell those puppies (usually very quickly) for PROFIT.
Rescue groups have NO registration fees to pay, do NO genetic health testing for mama or the babies, do NO DNA profiles on any of their dogs, and often, they are able to feed dog food that has been donated to them, so they may not have to buy that, either (Purina & Pedigree both donate).

In addition, many rescue groups use vets who donate their services, or at least give rescue groups significant discounts. In all my years of keeping dogs & occasionally raising a litter, I have NEVER had a vet do work for me for free, & rarely have I ever received any discount on their services.

One of my family members has been involved with rescue & fostering for many years, & I have learned all sorts of interesting things about rescue. With quick turnover, there is substantial PROFIT to be made in selling rescue dogs that are usually obtained very cheaply, or sometimes for free (owner surrenders, etc.).

Although not all rescue groups have it "easy" (some really DO struggle financially), there are a significant number of them that ARE profitable. Perhaps APHIS needs to have a special division to monitor the approximately 15,000 rescue groups in this country, instead of being so worried about breeders who might make more than $500 during the year...

Thank you Littletown

Also, I believe very few people realize that the HUNTE corporation, wholesale puppy brokers (puppies registered with another registry) joined together with USDA/APHIS, HSUS/PETA/ASPCA to get these new rules in place because they don't want competition from responsible breeders. UKC does not support puppymills & those that sell to Hunte. THOUSANDS of Hunte brokered puppies are shipped within the US as well as to foreign countries to be sold in pet shops. HUGE INDUSTRY.

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SKY
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Author of the novel "Follow Jennifer"

confused

Really don"t understand all of this what does this do for people that mighthave six females ,but might only raise one liter a year do they have to be licensed

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RODNEY BERGBAUER

FCH WCH NITECH GRCH CCH PR TREE RIZIN RAZOR CUT
"STONE NICKEL KENNELS"

(WE PRAISE GOD EVERY DAY)