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Puppy Breeders selling online

14K views 49 replies 23 participants last post by  frontier 
#1 ·
You were warned. USDA/APHIS adopts rule on home breeding of dogs.

More info as it is available.

I haven't any effective date yet.

----- Forwarded Message -----

http://abcnews.go.com/Politics/wireStory/usda-cracks-internet-pet-sales-20207528

USDA Cracks Down on Internet Pet Sales

WASHINGTON September 10, 2013 (AP)
By MARY CLARE JALONICK Associated Press

The Agriculture Department is cracking down on dog breeders who sell puppies over the Internet with new regulations that will force them to apply for federal licenses.

The rules announced Tuesday would subject dog owners who breed more than four females and sell the puppies online, by mail or over the phone to the same oversight faced by wholesale animal breeders.

Many breeders who run their businesses online have skirted federal oversight by classifying themselves as retail pet stores, which are exempt from licensing requirements. Commercial pet stores aren't required to have licenses because buyers can see the animals before they buy them and decide whether they appear healthy and cared for. But that's not the case when buying over the Internet.

The idea behind the new rules, says USDA's Kevin Shea, is that either government inspectors or buyers see the animals with their own eyes before they are sold.

Shea, administrator of the USDA's Animal and Plant Health Inspection Service, says the agency is responding to a 2010 USDA inspector general's report that uncovered grisly conditions at so-called "puppy mills" around the country. The report recommended that the department tighten the animal welfare laws — written more than four decades ago, long before the advent of the Internet — to cut down on unscrupulous breeders.

In addition to finding dirty, bug-infested conditions at many breeding facilities, inspectors cited numerous reports of buyers who received animals who were sick or dying.

The new rules, first proposed last year, would ensure that most people who sell pets over the Internet, by phone or mail order can no longer do so sight-unseen. Sellers either must open their doors to the public so buyers can see the animals before they purchase them, or obtain a license and be subject to inspections by the Animal and Plant Health Inspection Service.

The rules are targeted to dog breeders but could affect breeders of other animals too. The Agriculture Department estimates that up to 4,640 dog breeders could be affected by the rule, along with about 325 cat breeders and up to 75 rabbit breeders.

Small-size breeders have lobbied against the changes, saying the rules could regulate them out of business. USDA's Shea says the department set the minimum of four breeding females to ensure that those smaller sellers would be able to continue offering puppies.

"People who have generally been thought of as 'hobby breeders' continue to be exempt," Shea said.

Shea said the licenses will cost $750 or less and complying with the USDA regulations should only be expensive for breeders who aren't already ensuring their animals have adequate housing and medical care.

———

Find Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick
 
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#43 ·
I would guess so ... so long as the deposit is refundable. Until the sale is completed,you would not be in violation. Once the sale is complete, you could be in violation and refusing to refund the deposit could cause you to cross the line. However, I'll take this to a lawyer that is read in on the USDA/APHIS rule.
 
#44 ·
To show the interest this rule is generating, I asked your question and already have the answer. Here's the exchange....

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"Can we still take deposits on puppies without the buyer seeing the pup or before the breeding takes place?"

My thoughts are that so long as the deposit is refundable, no sale has taken place and since the sale is not complete, no rule has yet taken effect. Correct?

Eric
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The answer from my friend the lawyer...

Obviously, it is impossible for a dog to be present before it is born. The sale takes place when the buyer takes possession of the dog. So, yes, you are correct.
*******
 
#45 ·
With these types of legislation, it seems the devil is always in the details. How will enforcement officials interpret the language? My brother-in-law is having trouble with some neighbors b/c they call animal services on him all the time. He takes care of his dog, but it does spend most of its time in the backyard. The neighbor waits until a rainy day, then calls to report an animal standing in mud with muddy water. Of course he's in mud with muddy water, it's raining! When it stops raining, they change the water.
The enforcement official who comes each time has been a pain in the ***. So, I see the same with this law, it will all come down to enforcement and interpretation.
 
#46 ·
This was written by Barb Reichman, the Legislative Liaison of the GRCA. It really covers well the basic question or issue.

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The definition of retail pet stores (which are still exempt under the regulations) reads, in relevant part, "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. . . ."

All the other exemptions are for those who do not meet the basic definition. People who do not ship animals have had nothing change. In addition the buyer is not necessarily the ultimate owner of the animal. It can be someone representing the ultimate owner who is the buyer for purposes of the regulations.

What that means is that as long as the transaction is done face to face, there are no limits to the number of intact bitches you may own, and no limit to the number of puppies you sell. Their recognition that the "buyer" may not be the ultimate owner is to allow for transfers to occur when people cannot travel to pick up pups. But shipping sight unseen will cause you to lose your exemption.

Dogs sold for hunting or breeding are already exempt and continue to be. Concerns about rare breeds being shipped for genetic diversity would fall under the sale for breeding.
**************
 
#47 ·
This was written by Barb Reichman, the Legislative Liaison of the GRCA. It really covers well the basic question or issue.

************
The definition of retail pet stores (which are still exempt under the regulations) reads, in relevant part, "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. . . ."

All the other exemptions are for those who do not meet the basic definition. People who do not ship animals have had nothing change. In addition the buyer is not necessarily the ultimate owner of the animal. It can be someone representing the ultimate owner who is the buyer for purposes of the regulations.

What that means is that as long as the transaction is done face to face, there are no limits to the number of intact bitches you may own, and no limit to the number of puppies you sell. Their recognition that the "buyer" may not be the ultimate owner is to allow for transfers to occur when people cannot travel to pick up pups. But shipping sight unseen will cause you to lose your exemption.

Dogs sold for hunting or breeding are already exempt and continue to be. Concerns about rare breeds being shipped for genetic diversity would fall under the sale for breeding.
**************
Eric, I thought that it was also clarified that the buyer representative could not be someone being paid to transport the dog, i.e. ground transport. Was that your understanding?
 
#48 ·
My notes are unclear on this. They did clearly say that a scheme could be worked to create a buyer's agent but they moved on after stating it and didn't clarify "how?". There are some copies of the conference around and I was going to listen again this w/e. If so, I'll let you know.

Meant to ask...do you know Dan and Sharon Kauzlarich with their Boykins? They also have Tollers and are good friends.
 
#49 ·
I read the following in an AKC email:
The rule expands USDA oversight of pet breeders to include people who maintain at least five “breeding females” of any species AND sell one pet “sight unseen.”

So if you own 4 or less breeding females nothing changes correct? You can sell dogs without a face to face meeting and you can ship them as well correct? And still be exempt from usda?
 
#50 ·
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