[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Proposed Rules]
[Pages 34333-34335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16807]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 121 / Wednesday, June 24, 1998 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1 and 2
[Docket No. 97-018-2]
RIN 0579-AA95
Licensing Requirements for Dogs and Cats
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: We are considering several changes to the Animal Welfare
regulations to ensure the humane handling, care, and treatment of dogs
and cats, while concentrating our regulatory efforts on those
facilities that present the greatest risk of noncompliance with the
regulations. Specifically, we are considering revising the definition
of ``retail pet store'' so that it includes only nonresidential,
commercial retail stores, rather than any pet retailer. Retail pet
stores are not required to be licensed and inspected under the Animal
Welfare Act (AWA). If the definition were revised, many pet retailers
now exempt from licensing and inspection requirements would have to be
licensed and inspected. We are also considering regulating dealers of
hunting, breeding, and security dogs in the same manner as other
dealers of dogs. Because these changes could severely strain available
Federal resources for carrying out inspections and other enforcement
activities under the AWA, we are considering increasing the total
number of breeding female dogs and/or cats that a person may maintain
on his or her premises and be exempt from licensing and inspection
requirements. If this number were increased, some dealers who would no
longer qualify as retail pet stores under the revised definition of
``retail pet store'' would continue to be exempt from licensing and
inspection requirements, and some pet wholesalers who are currently
required to be licensed would no longer have to be licensed. This
advance notice solicits public comment on the maximum number of
breeding female dogs and/or cats that a person should be able to
maintain on his or her premises and be exempt from licensing and
inspection requirements under the AWA.
We are also interested in obtaining information that would help us
determine the impact of the regulatory changes that we are considering.
Specifically, if we amend the definition of ``retail pet store'' as
described earlier, how many dealers of dogs and cats would be covered
by our regulations under different scenarios for increasing the number
of breeding females that a person may maintain on his or her premises
and be exempt from licensing. In addition, if we begin regulating
dealers of hunting, breeding, and security dogs, how many dealers of
hunting, breeding, and security dogs would be covered by our
regulations under different scenarios for increasing the number of
breeding females that a person may maintain on his or her premises and
be exempt from licensing.
DATES: Consideration will be given only to comments received on or
before August 24, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-018-2, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-018-2. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room. Alternatively, comments
may be submitted via the Internet on an electronic form located at
http://comments.aphis.usda.gov. Comments submitted on the electronic
form need only be submitted once.
FOR FURTHER INFORMATION CONTACT: Dr. Bettye Walters, Veterinary Medical
Officer, AC, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1234,
(301) 734-7833.
SUPPLEMENTARY INFORMATION:
Background
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. Part 1 contains
definitions for terms used in parts 2 and 3. Part 2 sets forth the
general requirements, and part 3 sets forth the standards for the
humane handling, care, treatment, and transportation of covered animals
by regulated entities. Subpart A of part 3 contains the standards
applicable to dogs and cats.
On March 25, 1997, we published in the Federal Register (62 FR
14044-14047, Docket No. 97-018-1) a petition for rulemaking, sponsored
by the Doris Day Animal League, that requested two changes to the
regulations in parts 1 and 3. The requested changes were: (1) To
redefine the term ``retail pet store'' in part 1 as ``a nonresidential
business establishment used primarily for the sale of pets to the
ultimate customer;'' and (2) to regulate dealers of dogs intended for
hunting, security, and breeding under the provisions applicable to
dealers of other types of dogs in part 3.
We solicited comments on the petition for 60 days, ending May 27,
1997. By that date, we received 35,953 comments. They were from dealers
of dogs and cats, representatives of industry, members of animal
protectionist organizations, members of Congress, and other interested
persons. Approximately 65 percent of the commenters supported the
changes requested in the petition. The remaining 35 percent had
concerns about the changes requested in the petition. Most of their
concerns focused on the petition's suggested revision of the definition
of retail pet store. The commenters stated that the proposed revision
would require that many small, ``hobby'' breeders of dogs and cats be
[[Page 34334]]
licensed and inspected under the regulations. They expressed concern
that this not only would be unnecessary, but would severely strain
Federal resources available for carrying out inspection and other
enforcement activities.
We share the concern about the potential strain on Federal
resources, particularly because we do not know how many pet retailers
not now subject to the AWA might be affected by the revised definition
of ``retail pet store.'' In addition, if we begin regulating dealers of
dogs intended primarily for hunting, security, and breeding purposes
under the AWA in the same manner as dealers of other types of dogs,
many of these dealers would also be required to be licensed and
inspected, and we do not know how many dealers of these types of dogs
there are. Therefore, we are soliciting comments on an approach,
discussed below, for amending the Animal Welfare regulations to ensure
that only appropriate facilities are exempt from licensing as retail
pet stores and to allow us to concentrate our regulatory efforts on
those facilities that present the greatest risk of noncompliance with
the regulations.
Definition of Retail Pet Store
In Sec. 1.1, retail pet store is defined as ``any outlet 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 cold-blooded species.'' The definition of ``retail pet
store'' goes on to describe certain establishments that do not qualify
as retail pet stores, even if they sell animals at retail. Those
establishments that do not qualify as retail pet stores are: (1)
Establishments or persons who deal in dogs used for hunting, security,
or breeding purposes; (2) establishments or persons exhibiting,
selling, or offering to exhibit or sell any wild or exotic or other
nonpet species of warm-blooded animals (except birds), such as skunks,
raccoons, nonhuman primates, squirrels, ocelots, foxes, coyotes, etc.;
(3) establishments or persons selling warm-blooded animals (except
birds, and laboratory rats and mice) for research or exhibition
purposes; (4) establishments wholesaling any animals (except birds,
rats, and mice); and (5) establishments exhibiting pet animals in a
room that is separate from or adjacent to the retail pet store, or in
an outside area, or anywhere off the retail pet store premises.
In accordance with the AWA, retail pet stores are exempt from the
licensing and inspection requirements in part 2. Other retail and
wholesale pet dealers must be licensed in accordance with the
regulations. The definition of retail pet store was established to
ensure that the appropriate retail facilities were exempt from
licensing requirements. However, that definition has prompted a
regulatory interpretation of ``retail pet store'' that includes all
retail outlets, regardless of volume, size, or location of business. As
such, under the current definition of retail pet store, a very large
number of facilities that are not traditional retail pet stores are
exempt from licensing requirements.
To ensure that dogs and cats at these outlets receive humane
handling, care, and treatment, we are considering amending the
definition of ``retail pet store'' to limit retail pet stores to only
traditional ``stores''-- nonresidential, commercial, retail businesses
that sell primarily pets and pet products. If this change were adopted,
many retail pet dealers would no longer be considered retail pet
stores, and, unless otherwise exempt under the regulations, would have
to be licensed and inspected in accordance with part 2.
We are also considering regulating dealers of dogs intended
primarily for hunting, security, and breeding purposes under the
regulations applicable to dealers of other types of dogs. This change,
if implemented, would require both retail and wholesale dealers of
hunting, security, and breeding dogs to be licensed and inspected under
the AWA, unless exempt from licensing requirements based on the total
number of breeding females maintained on a dealer's premises, in
accordance with Sec. 2.1(a)(3)(iii) of the regulations (see ``Number of
Breeding Females,'' below).
Because these changes could severely strain available Federal
resources for carrying out inspections and other enforcement activities
under the AWA, we are considering increasing the total number of
breeding female dogs and/or cats that a person may maintain on his or
her premises and be exempt from licensing and inspection requirements.
If this number were increased, some dealers who would no longer qualify
as retail pet stores under the revised definition of ``retail pet
store'' would continue to be exempt from licensing and inspection
requirements, and some pet wholesalers who are currently required to be
licensed would no longer have to be licensed. We are considering these
changes to the regulations to ensure the humane handling, care, and
treatment of dogs and cats, while concentrating our regulatory efforts
on those facilities that present the greatest risk of noncompliance
with the regulations.
Number of Breeding Females
In Sec. 2.1, paragraph (a)(3) lists those persons who are exempt
from licensing requirements. In addition to retail pet stores, those
who are exempt from licensing requirements include any person who
maintains a total of three or fewer breeding female dogs and/or cats
and who sells the offspring of these dogs or cats, which were born and
raised on his or her premises, for pets or exhibition, and who is not
otherwise required to obtain a license (see Sec. 2.1(a)(3)(iii)).
The licensing exemption based on a total number of three or fewer
breeding female dogs and/or cats maintained on a premises was
established based on a determination that small facilities usually pose
less risk to the welfare of animals than do large facilities. We still
agree with that determination, but we believe that a facility does not
necessarily have to maintain as few as three breeding females in order
to be considered a low risk facility.
We also recognize that, if the revised definition of ``retail pet
store'' discussed above were adopted, a significant number of retail
pet dealers who are now exempt from the licensing requirements in part
2 would be required to be licensed and inspected. APHIS does not have
unlimited resources for enforcing the Animal Welfare regulations. A
reasonable increase in the number of breeding females that an exempt
facility could maintain could help APHIS concentrate its regulatory
resources on those facilities that present the greatest risk of
noncompliance.
Therefore, we are soliciting public comment on amending
Sec. 2.1(a)(3)(iii) to increase the total number of breeding female
dogs and/or cats that a person may maintain on his or her premises and
continue to be exempt from licensing requirements. We believe that the
total number should fall between 3 and 60 breeding females. The low end
of this range of numbers is based on our current regulations. The high
end of this range of numbers is based on our experience enforcing the
AWA. Through that experience, we have determined that the risk of
noncompliance with the regulations significantly increases if
facilities care for more than 60 breeding female dogs and/or cats. At
this time, however, we would like to gather more data to support the
proposal of a specified number. Therefore, we are seeking information
that will help us
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determine the appropriate total number of breeding female dogs and/or
cats that a person may maintain on his or her premises and continue to
be exempt from licensing requirements. We are most interested in
receiving information that is in the form of published industry
standards, published reports in peer-reviewed journals, studies, and
objective data. For those issues on which data or published information
is not available, we ask that commenters supply detailed information on
why the number they have chosen is appropriate.
We are also interested in obtaining the following information to
enable APHIS to target its resources on those facilities that present
the greatest risk of noncompliance:
1. If we amend the definition of ``retail pet store'' as described
earlier, how many dealers of dogs and cats would be covered by our
regulations under different scenarios for increasing the number of
breeding females that a person may maintain on his or her premises and
be exempt from licensing.
2. If we begin regulating dealers of hunting, breeding, and
security dogs, how many dealers of hunting, breeding, and security dogs
would be covered by our regulations under different scenarios for
increasing the number of breeding females that a person may maintain on
his or her premises and be exempt from licensing.
Written comments should be submitted within the 60-day comment
period specified in this document (see DATES and ADDRESSES).
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).
Done in Washington, DC, this 19th day of June 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-16807 Filed 6-23-98; 8:45 am]
BILLING CODE 3410-34-P
