Please read carefully as this will also affects rescues, and fosters, people
who adopt from a rescue within there own state or out of state, and private
breeders, since this group of people were previously exempt from the 'retail
pet sales' laws, and didn't require a license as long as they had 3 or less
breeding females on the premises.  It means that a buyer would have to go
the the place that the dog is at, whether it be a foster or rescue or
private breeder.

It could mean the end for rescue dogs, that are transported via
shipping/flying/legs, unless people voice and post a comment at the links
provided within this article. As usual, they are trying to pass another bill
 before thinking it out throughly and covering all bases. Why don't they
just ban breeders from internet sales period, and that would be the end of
it! I don't think people who hold dogs in their home for fostering and or
rescue will want to have an Inspector visit their home every year, and
enforce the same rules and regulations that they apply to PMs. 




USDA Proposes to Close Loophole on Retail Pet Sales to Ensure Health and
Humane Treatment

WASHINGTON, May 10, 2012--The U.S. Department of Agriculture’s (USDA) Animal
and Plant Health Inspection Service (APHIS) is proposing to revise its
definition of “retail pet store” to close a loophole that has threatened the
health and humane treatment of pets sold sight unseen over the Internet and
via phone- and mail-based businesses. Under the current definition of
“retail pet store,” which was developed over 40 years ago and predates the
Internet, some breeders selling pets are taking advantage of a loophole that
improperly exempts them from the basic requirements of the Animal Welfare
Act (AWA). The proposed rule will close this loophole, ensuring animals sold
over the Internet and via phone- and mail-based businesses are better
monitored for their overall health and humane treatment.

“This proposed change is aimed at modernizing our regulations to require
individuals who sell animals directly to the public to meet basic care and
feeding as required by the Animal Welfare Act,” said Rebecca Blue, Deputy
Under Secretary for Marketing and Regulatory Programs. “By revising the
definition of retail pet store to be better suited to today’s marketplace,
we will improve the welfare of pets sold to consumers via online, phone- and
mail-based businesses.” 

Specifically, APHIS is proposing to restore the definition of retail pet
store€”which comes with exemptions from certain requirements under the
AWA—to its original intent, limiting it only to places 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, and where only certain animals are sold or
offered for sale, at retail, for use as pets.

The proposed rule would also increase from three to four the number of
breeding female dogs, cats, and/or d mammals that a person may maintain
before they would be required to be licensed, if they only sell the
offspring of those animals born and raised on their premises, for pets or
exhibition.  This exemption would apply regardless of whether those animals
are sold at retail or wholesale.  These changes would ensure that animals
sold at retail are monitored for their health and humane treatment and
concentrate USDA’s regulatory efforts on those facilities that present the
greatest risk of noncompliance with the regulations.

The original exception for retail pet stores was created under the premise
that consumers who enter a physical store to buy their pet can see for
themselves that the pets are treated in a humane and healthy way. However,
some breeders have begun selling more puppies via the Internet, telephone
and mail, while avoiding oversight under the current definition of "retail
pet store."Â  These sales, where buyers receive their puppies via shipping,
currently have little accountability regarding the health and condition of
the dogs before receiving them. There have been many reports of unhealthy
puppies obtained sight unseen via the Internet.

APHIS is seeking comment in 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. The
AWA, enforced by APHIS, seeks to ensure the humane care and treatment of
dogs and cats bred commercially, warm-blooded animals exhibited to the
public, and others. The AWA does not apply to agricultural animals used for
food or fiber. 

This notice is scheduled for publication within a week in the Federal
Register. The proposed rule is currently available at www.aphis.usda.gov.

Consideration will be given to comments received within 60 days of the
rule’s publication in the Federal Register. Once the rule is published,
comments may be submitted either by visiting the Federal eRulemaking Portal
at www.regulations.gov/#!documentDetail;D=APHIS-2011-0003, or by postal
mail/commercial delivery 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.

Supporting documents and any comments we receive on this docket will also be
available once the rule is published at www.regulations.gov/#!docketDetail
D=APHIS-2011-0003 or may be viewed in our reading room, which is located in
Room 1141 of the USDA South Building, 14th Street and Independence Ave., SW.
 Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
excluding holidays. To facilitate entry into the comment reading room,
please call (202) 690-2817.

With Agriculture Secretary Vilsack’s leadership, APHIS works tirelessly to
create and sustain opportunities for America’s farmers, ranchers and
producers. Each day, APHIS promotes U.S. agricultural health, regulates
genetically engineered organisms, administers the Animal Welfare Act, and
carries out wildlife damage management activities, all to help safeguard the
nation’s agriculture, fishing and forestry industries. In the event that a
pest or disease of concern is detected, APHIS implements emergency protocols
and partners with affected states and other countries to quickly manage or
eradicate the outbreak. To promote the health of U.S. agriculture in the
international trade arena, APHIS develops and advances science-based
standards with trading partners to ensure America’s agricultural exports,
valued at more than $137 billion annually, are protected from unjustified
restrictions.



Note to reporters: USDA news releases, program announcements and media
advisories are available on the Internet and through really simple
syndication (RSS) feeds. Go to the APHIS news release page at www.aphis.usda
gov/newsroom and click on the RSS feed link. 

USDA is an equal opportunity provider, employer and lender. To file a
complaint of discrimination, write: USDA, Director, Office of Civil Rights,
1400 Independence Ave., SW., Washington, DC 20250-9410 or call
(800) 795-3272 (voice) or (202) 720-6382 (TDD).

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