[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Rules and Regulations]
[Page 3017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1312]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 /
Rules and Regulations
[[Page 3017]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1, 2, and 3
[Docket No. 97-024-1]
RIN 0579-AA89
Animal Welfare; Regulation of Pocket Pets
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: This document gives notice that we are now regulating under
the Animal Welfare Act the handling, care, and treatment at retail pet
stores of small mammals commonly referred to as ``pocket pets'' and
requiring any retail pet store that sells pocket pets to be licensed as
a dealer under the Animal Welfare Act. This action is necessary because
the Animal Welfare Act regulations require regulation of all persons
who sell exotic or wild animals for research, exhibition, or for use as
a pet, and we consider pocket pets to be exotic or wild animals for
this purpose.
FOR FURTHER INFORMATION CONTACT: Dr. Bettye K. Walters, Staff
Veterinarian, Animal Care, APHIS, USDA, 4700 River Road Unit 84,
Riverdale, MD 20737-1234, (301) 734-7833.
SUPPLEMENTARY INFORMATION: The Animal Welfare Act (AWA)(7 U.S.C. 2131
et seq.) authorizes the Secretary of Agriculture to promulgate
standards and other requirements governing the humane handling,
housing, care, treatment, and transportation of certain animals by
dealers and other regulated businesses. The Secretary of Agriculture
has delegated the responsibility for enforcing the AWA to the
Administrator of the Animal and Plant Health Inspection Service
(APHIS). Regulations established under the AWA are contained in 9 CFR
parts 1, 2, and 3. APHIS regulates animal dealers by issuing them
annual licenses and conducting unannounced inspections of their
premises to check for compliance with the AWA standards and
regulations.
In recent years, several species of small, generally nondangerous
mammals, including hedgehogs, degus, spiny mice, prairie dogs, flying
squirrels, and jerboas, have increasingly been sold at retail pet
stores in the United States. These and other small mammalian species
are collectively and commonly referred to as ``pocket pets.'' However,
none of these species, some of which are native to the United States
and others of which are native to foreign countries, have been
domesticated as pets in the United States in the sense that dogs, cats,
and other common pet-type animals have been domesticated. Therefore,
APHIS considers pocket pets to be exotic or wild animals under the AWA
regulations, and any retail pet store that sells a pocket pet is
subject to AWA regulation.
Several years ago, some retail pet stores across the United States
started selling limited numbers of pocket pets on a sporadic basis. In
general, retail pet stores are exempt from AWA regulation unless they
sell animals to a research facility, an exhibitor, or a dealer. Our
policy was not to regulate the retail pet stores that were selling
pocket pets because the effort needed to identify and regulate these
stores did not appear to be a prudent use of our AWA enforcement
resources. However, we continued to reevaluate this policy as the
popularity of pocket pets grew among U.S. consumers. Because many
retail pet stores are now selling pocket pets on a regular basis, we
now believe that it is feasible and necessary to identify and regulate
these stores.
Therefore, we are giving notice that, in order to ensure the humane
care and treatment of pocket pets in the commercial pet trade, we are
now regulating the handling, care, treatment, and transportation
provided to such animals by retail pet stores and requiring that retail
pet stores dealing in these animals be licensed under the AWA. The AWA
licensing requirements for animal dealers are specified in 9 CFR part
2, subpart A, and the care standards for pocket pets are covered in 9
CFR part 3, subpart F. For information about becoming licensed as a
dealer under the AWA, contact the person listed above under FOR FURTHER
INFORMATION CONTACT.
Done in Washington, DC, this 13th day of January 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-1312 Filed 1-20-98; 8:45 am]
BILLING CODE 3410-34-P
