Questions and Answers: Proposed Rule – Retail Pet Sales

July 16, 2012

Questions and Answers: Proposed Rule – Retail Pet Sales (PDF)
Source: U.S. Department of Agricultural (Animal and Plant Health Inspection Service)

APHIS is proposing to revise its definition of “retail pet store” to close a loophole that has in some cases threatened the health 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 meeting the basic requirements of the Animal Welfare Act (AWA). The proposed rule will close this loophole, ensuring that animals sold over the Internet and via phone- and mail-based businesses are better monitored for their overall health and humane treatment.

The proposal will restore the definition to its original intent so that it limits the retail pet store exemption to only those places of business and residence:

  • that buyers physically enter to observe the animals available for sale prior to purchase and/ or to take custody of the animals 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, chinchilla, domestic ferrets, domestic farm animals, birds, and coldblooded species.

APHIS is also proposing to increase the number of breeding females from three to four that small hobby breeders of dogs, cats, and small exotic or wild mammals can own and still be exempt from licensing requirements. To meet the exemption requirements, these breeders can only sell the offspring of the breeding females that were born and raised on their premises, and sold for only pets or exhibition.

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Categories: government and politics, legal and law enforcement, retail, U.S. Department of Agriculture, veterinary medicine and animal welfare
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