USDA seeks change to regulate Internet pet sales - Page 2

Plenty of laws don't have funding to be enforced but they are still laws and most citizens/breeders comply with the rules/laws. My county doesn't have the funds to check for dog licenses but most people buy them because they don't want the trouble if they are caught without them. 

This rule has already been changed as far as the USDA is concerned but they must allow for public comment so they will before they publish it.

From USDA'S APHIS site:

May 10, 2012 USDA Proposes to Close Loophole on Retail Pet Sales to Ensure Health and Humane Treatment
-- Questions and Answers
-- Docket No. APHIS-2011-0003

Click those links to go to the PDF to read the files, but from how I read and understood it last night after my jaw dropped after seeing it in the news...anyone who has over four females who sells dogs not only at their place of residence (which is now considered a "retail pet store" if this proposed regulation goes through), but also ships puppies (or possibly only takes deposits without first seeing pups), sells through the internet, telephone, email, etc. will either need to be FULLY PUBLIC - ie. ONLY sell within their house and allow the potential buyers to come to the place BEFORE the puppy is purchased (no more shipping, deposits/purchase before physically seen) OR be license and inspected by the APHIS.

Unfortunately, this is not about betterment of dogs, like some may think it is, but about power and control.  There are already state puppy lemon laws as well as laws set by municipalities, counties and the state regarding the specifics of dog breeding.  For Pennsylvania, I am legal, but because of this proposed Federal regulation, I would no longer be legal because I have more than four breeding females, EVEN THOUGH I ONLY HAVE ABOUT TWO LITTERS A YEAR.  So someone CAN have 4 females, breed them for a total of 8 litters a year and NOT be affected.  Someone that has 5 or 6 females, that does NOT BREED ALL OF THEM will be if they take deposits, ships, etc.

Also, their "comments" section link is not working, but here it is:

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.

http://www.aphis.usda.gov/newsroom/2012/05/pdf/docket_APHIS_2011_0003.pdf

here's a link to the actual proposal.......

No offense, GSD, but I deal with USDA proposed rules daily--it's part of my job.  The department most certainly does NOT consider the rule already changed, because there's still a lot that has to be accomplished before the final rule is published and becomes effective, and it can be derailed at any point prior to the date it becomes effective (which is usually 30 days from publication of the final rule, but on occasion will be on the date of publication).  This isn't the first proposed revision of this reg that's been floated, either--and I suspect it won't be the final version.

Where I think the proposed revisions will fall apart is over the concept of designating someone who breeds cats or dogs at their home and sells them via the web as a 'retail pet shop'--because that will create a massive problem for state and municipal zoning officials. 

There will eventually be some sort of change, I'm sure, but it's likely to take a while.

hexe, makes a very good point about zoning laws.  I'd guess lawyers specializing in equines would be able to best advise in this situation.  From my experience Horse breeders have been on top of tax code and legal reforms for decades.  Dog breeders just need to follow thier example.  Since I don't believe there are any lawyers that specialize in dog kennel operations the best place to start is likely with an equine lawyer.  Also wouldn't using an escrow take care of the whole issue of accepting money for a dog sight-unseen?  Second there are a slew of tax breaks for businesses selling animals bred for commercial sale.  Can dog breeders now take advantage of those tax breaks?  I was told by my accountant that in most cases a dog breeder currently cannot.  This new change in my opinion would justify dog breeders being viewed differently under tax code being able take deductions more like an agri/livestock business.  Does this open the door for Dog breeders to start using a Schedule 1040F ?
 .  Can  Does t
http://smallbusiness.chron.com/tax-breaks-cattle-ranchers-22037.html 

http://www.universalpetmeds.com/newsarticles/tabid/762/articleType/ArticleView/articleId/1431/Ways-to-make-your-pet-expenses-tax-deductible.aspx 

The article link below doesn't exactly demonstrate my point, but is similar in concept to what can be done with the right knowledge, CPA and access to legal representation:

http://www.alternet.org/economy/154567/holy_cow!_how_senators_and_movie_stars_use_livestock_to_game_the_tax_code 




 

According to the proposal, it indicates that anyone who sells any type of pet is ALREADY seen as a "retail pet store":

“Retail pet stores” are not required to obtain a license under the AWA or comply with the
AWA regulations and standards. Currently, anyone selling, at retail, the following animals for use as pets are considered retail pet stores: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and cold-blooded species.

Gennie 's point about AWA brings up another issue.  Kennels and Shelters owned by local governments would also but compelled to comply under certain circumstances.  I doubt they would want to.  So there should either be further clarification or state agencies starting to fight against it.