The USDA has proposed a revision of regulations in the Animal Welfare Act (AWA) to redefine what qualifies as a “retail pet store.” Anyone selling a horse to a non-breeder for non-breeding purposes such as recreation, pleasure, showing or even 4-H projects could potentially come under the impact of the rule. A USDA license annual costs are between $30 and $750. Violations of animal care standards are up to $10,000 per day, per animal.
The USDA has proposed a revision of regulations in the Animal Welfare Act (AWA) to redefine what qualifies as a “retail pet store.” Depending on whether your horses are considered breeding stock sold to other breeders or if they are sold as pets at retail, the rule may affect you. With the potential to regulate horse ownership to the keeping of 5 breeding age mares or stallions this regulation could fundamentally change the horse industry and your lifestyle forever. The proposed rule would expand the number and type of animal breeding and husbandry facilities subject to licensure, inspection, and record-keeping under AWA.
While the rule appears to be focused on pet breeders – farmers, ranchers and horse owners who sell horses could also be impacted. As it is written, if a farmers or breeder sells even one animal as a “pet” in a situation where the buyer does not come to their home, farm or place of business, they must become USDA licensed. Anyone selling a horse to a non-breeder for non-breeding purposes such as recreation, pleasure, showing or even 4-H projects could potentially come under the impact of the rule.
In addition to the requirement that dealers obtain a USDA license (with annual costs between $30 and $750), licensed dealers are also subject to regulatory requirements for standards of care and unannounced warrantless inspections by APHIS personnel. APHIS is authorized to seek civil monetary penalties for violations of animal care standards of up to $10,000 per day, per animal. Under certain circumstances, APHIS may also seize animals or work with state and local authorities to seize animals. While livestock used for food production are not included in this rule, it potentially does present an opportunity for APHIS inspectors to gain access to agricultural operations, which is unprecedented.
The rule has been brought to the Horsemen’s Council of Illinois’ attention by members who believe it is poorly written and either needs to be clarified or thrown out. Proposed APHIS Rule
When asked specifically whether horses are considered livestock or pets under the proposed rules USDA responded; “Thank you for your email to the Department of Agriculture (USDA) regarding the proposed rule to improve regulation of commercial breeders and dealers under the Animal Welfare Act (AWA).
Under the AWA, USDA’s Animal and Plant Health Inspection Service requires individuals who breed certain animals-such as dogs and cats-for commercial sale, use them in research, transport them commercially, or exhibit them to the public to be licensed or registered. These individuals are required to meet the established standards of animal care and treatment established by APHIS. However, the AWA specifically excludes horses from coverage unless they are used for nonagricultural research.
USDA published the proposed rule in the Federal Register on May 16, 2012. The proposed rule, if finalized, would revise the definition of “retail pet store” to ensure that animals sold over the Internet and via phone- and mail-based businesses are better monitored for their overall health and humane treatment. As the rule indicates, since the 1990s, many retailers have begun to offer their animals for sale over the Internet and to sell and transport their animals nationwide, and today’s customers are often unable to enter a retailer’s place of business to observe the animals before taking them home.”
APHIS is accepting public comments on the proposed rule through July 16 (extended to 8/15/12). Supporting documents and comments received on the proposed rule are available at http://r20.rs6.net/tn.jsp?e=001gSETsfAJ8qzQ5jCMa2VM0T8SjkrOC7PyBcBvkyF_bKSmnHpAlGWCsJg-MkaYk57l1xjGGMKwkqi1odgaWjgvopNDDi0AIWrCvbFzsxnWsChxVDDg7_0gTFCDWc3sEs4lQfP35WZpzhbV1wf_dpQQgN4ac0oHjG0lRagv9fC16qNTivu24nj82uu61TrbFfvC1ZxYaimTb2-M6lEm2WJeQw==
Additional information regarding APHIS’ activities related to AWA enforcement, as well as other animal welfare initiatives and updates, is available at http://r20.rs6.net/tn.jsp?e=001gSETsfAJ8qyQl3-Xuvadt3YvEKKGIBFlDyoJiPSyJQEcZ5tePxFDbS9-yUn3irFNK__8AwILfQ_Nb8ddOS7yRReNR630vdM3BGnOZUtnvoo15P6urHznzSoat3kBB-02XF4c4RWyMspxMSbrL1Ia22TCFI5EZ9_v
This regulation will affect anybody intending to bring home a pet. The animals included under this regulation consists of: dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and cold-blooded species. Also affected are: rescues, foster homes, service animals, guide dogs for the blind, sportsmen, military dogs, and any other group that “sells” animals.
The Horsemen’s Council of Illinois encourages all horse owners to educate themselves on the issue and take action.
Comment period on this proposed rule have been extended by USDA until August 15. Additional information and sample comments can be accessed online at http://www.nationalassociationofpetlovers.org or at http://www.naiaonline.org/articles/article/send-your-comments-to-usda-aphis.
Action Needed: Read the proposed rule to redefine “retail pet stores. Review submitted comments on the proposed rule. Take action by submitting your comments to USDA by August 15. All legislation that HCI is currently monitoring can be found on the legislative page of the Horsemen’s Council website click here
