[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Rules and Regulations]
[Pages 38546-38548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18319]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1, 2, and 3
[Docket No. 97-018-4]
RIN 0579-AA95
Licensing Requirements for Dogs and Cats
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Decision and policy statement.
-----------------------------------------------------------------------
SUMMARY: This document announces our response to a petition submitted
to us by the Doris Day Animal League. The petition requested that we
amend the definition of ``retail pet store'' to include only
nonresidential business establishments and that we regulate dealers of
hunting, breeding, and security dogs in the same manner as dealers of
other types of dogs.
We have decided to retain our current definition of ``retail pet
store.'' Based on our experience enforcing the regulations, we have
determined that the current definition is sufficient to ensure the
humane handling, care, and treatment of dogs and cats and is consistent
with the congressional intent of the Animal Welfare Act.
We have also decided to begin regulating wholesale dealers of dogs
intended for hunting, breeding, and security purposes. We will regulate
these dealers under the same regulations currently in place for
wholesale dealers of other dogs. We believe this action will help
ensure the humane handling, care, and treatment of hunting, breeding,
and security dogs.
EFFECTIVE DATE: July 19, 1999.
FOR FURTHER INFORMATION CONTACT: Dr. Bettye K. Walters, Staff
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale,
MD 20737-1234; (301) 734-7833.
SUPPLEMENTARY INFORMATION: Under the Animal Welfare Act (AWA) (7 U.S.C.
2131 et seq.), the Secretary of Agriculture is authorized to promulgate
standards and other requirements regarding the humane handling, care,
treatment, and transportation of certain animals by dealers, research
facilities, exhibitors, and carriers and intermediate handlers. The
Secretary has delegated responsibility for administering the AWA to the
Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture (USDA). Regulations established under the AWA
are contained in the Code of Federal Regulations (CFR) in title 9,
parts 1, 2, and 3. Part 1 contains definitions for terms used in parts
2 and 3. Part 2 contains general requirements for regulated parties.
Part 3 contains specific requirements for the care and handling of
certain animals. Subpart A of part 3 contains the requirements
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.
Based on comments we received from the public on the petition and
our review of the issues, on June 24, 1998, we published in the Federal
Register (63 FR 34333-34335, Docket No. 97-018-2) an advance notice of
proposed rulemaking to explain changes to the regulations that we were
considering and to solicit public comments on the effect those changes
could have on affected persons. Specifically, we were considering:
Amending the definition of ``retail pet store'' to include
only nonresidential, commercial retail stores;
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; and
Regulating dealers of hunting, breeding, and security dogs
in the same manner as dealers of other types of dogs.
We solicited comments on the advance notice of proposed rulemaking
for 60 days, ending August 24, 1998. However, on August 26, 1998, at
the request of several commenters, we published in the Federal Register
(63 FR 45417, Docket No. 97-018-3) a document to reopen and extend the
comment period for 30 days, ending September 23, 1998. By September 23,
1998, we received approximately 11,472 comments. They were from dealers
of dogs and cats, representatives of industry, members of animal
protectionist organizations, and other interested persons.
After careful consideration of the experience we have gained from
more than 30 years of implementing the AWA and careful review of the
comments we received from the public, we have decided to:
Retain our current definition of ``retail pet store'';
Retain our current threshold for the total number of
breeding female dogs and/or cats a person may maintain on his or her
premises and be exempt from licensing and inspection requirements; and
Require licensing and inspection for wholesale dealers of
dogs intended primarily for hunting, breeding, and security purposes.
A discussion of each of these decisions follows.
Definition of Retail Pet Store
In accordance with the AWA, retail pet stores are exempt from the
licensing and inspection requirements in part 2. Other retail dealers
and wholesale pet dealers must be licensed and inspected in accordance
with the regulations. The definition of retail pet store in 9 CFR part
1 was established to ensure that the appropriate retail facilities were
exempt from licensing and inspection requirements.
We define ``retail pet store'' in 9 CFR part 1, Sec. 1.1, 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,
[[Page 38547]]
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.
All retail facilities that meet the definition of retail pet store,
even those that are not traditional retail pet stores, are exempt from
licensing and inspection requirements.
As part of our continuing efforts to ensure that animals covered by
the AWA receive humane handling, care, and treatment, we considered
amending the definition of ``retail pet store'' to cover only
traditional ``stores''--nonresidential, commercial retail businesses--
that sell primarily pets and pet products. If this change had been
adopted, many retail pet dealers would no longer have been considered
retail pet stores, and, unless otherwise exempt under the regulations,
would have been required to be licensed and inspected in accordance
with part 2.
However, after careful consideration of comments we received from
the public and further review of this issue, we have decided to retain
the current definition of ``retail pet store.'' We based this decision
on our experience enforcing the regulations, specifically the several
factors discussed below.
First, we believe that our current definition of ``retail pet
store'' conforms with Congress' intention that the AWA focus primarily
on dealers who sell wholesale. During congressional revisions to the
AWA, Congress has not challenged our definition of ``retail pet
store.'' Therefore, we are confident that our current definition
accurately reflects the original and continuing intent of Congress.
Further, we believe our implementation of the AWA has significantly
improved the well-being of animals owned by the wholesale dealers we
regulate, as well as that of the animals owned by retail dealers. Many
retail outlets have improved the living standards of their animals in
order to meet the standards of their wholesale counterparts.
Second, we have determined that retail dealers, especially those
who sell from their homes, are already subject to a degree of self-
regulation and oversight by persons who purchase animals from the
retailers' homes, as well as by breed and registry organizations. Breed
and registry organizations, such as kennel clubs, require their
registrants to meet certain guidelines related to the health and
genetic makeup of animals bred and to the education of the registrants.
These organizations also monitor the conditions under which animals are
bred and raised. Wholesale dealers typically do not have this type of
oversight from the public.
Third, we have determined that amending the definition of ``retail
pet store'' to include only nonresidential, commercial retail
businesses would not offer us the regulatory flexibility we need to
concentrate our resources on those facilities that present the greatest
risk of noncompliance with the regulations. If we were to amend the
definition of ``retail pet store,'' it is conceivable that a
significant portion of our annual personnel and financial resources
would be used to regulate a very small fraction of the animals covered
under our regulations. This disproportionate expenditure of funds would
not be in the best interest of animal welfare.
Fourth, retail outlets are not unregulated. There are already many
State and local laws and ordinances in place to monitor and respond to
allegations of inhumane treatment of and inadequate housing for animals
owned by private retail dealers. If we were to regulate these dealers
along with State and local officials, it would clearly not be the most
efficient use of our resources.
Fifth, our inspectors would have to enforce cleaning, sanitation,
handling, and other regulatory requirements in private homes, because
most small retail dealers operate from their homes. Many commenters
stated that they would regard this as an unnecessary intrusion by the
Federal Government and a serious invasion of privacy.
Based on these factors, we have determined that a change to the
definition of ``retail pet store'' would not improve animal welfare in
general or our current regulatory program. Therefore, we are retaining
our current definition of ``retail pet store.''
Number of Breeding Females
In 9 CFR part 2, 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)).
We considered raising this threshold so that fewer establishments
would become subject to our licensing and inspection requirements if we
amended the definition of retail pet store. The current threshold of
three or fewer breeding female dogs and/or cats maintained on a
premises is 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.
Further, if the threshold were increased, hundreds of wholesale
dealers of dogs and cats who are currently required to be licensed
would no longer have to be licensed. We do not think that exempting
these wholesale dealers from regulatory requirements is in the best
interest of animal welfare because, as discussed earlier, wholesale
dealers typically do not have the same degree of oversight from
potential customers, breed or registry organizations, or other members
of the public as retail dealers. This means that, if the threshold were
raised, many wholesale dealers of dogs and cats would go essentially
unmonitored. Any decision to cease regulation of small wholesale
dealers could lead to a significant drop in animal well-being at many
of these premises. We believe that maintaining the current threshold
will help ensure the continued humane care, treatment, and handling of
dogs and cats.
For these reasons, we have decided to retain the current threshold
of three for the number of breeding female dogs and/or cats a person
may maintain on his or her premises and be exempt from licensing and
inspection requirements.
Regulation of Dealers of Hunting, Breeding, and Security Dogs
The AWA defines a dealer as, among other things, a person who sells
any dog for hunting, breeding, or security purposes (7 U.S.C. 2132).
The AWA goes on to require that a dealer have a valid license to:
Sell or offer to sell any animal to a research facility,
or for exhibition or use as a pet; or
Sell any animal to another dealer or exhibitor. (7 U.S.C.
2134).
Because hunting, breeding, and security dogs are sold for purposes
other than research, exhibition, or use as a pet, dealers of hunting,
breeding, and security dogs do not have to be licensed under the first
set of conditions in 7 U.S.C. 2134. Therefore, the AWA
[[Page 38548]]
requires licensing of only wholesale dealers (i.e., those dealers who
sell animals to other dealers) of hunting, breeding, and security dogs.
In accordance with the AWA, we will now require licensing and
inspection for wholesale dealers of dogs intended primarily for
hunting, breeding, and security purposes. We are instituting this
policy to help ensure the humane handling, care, and treatment of
hunting, breeding, and security dogs.
Although it has been our policy until now not to require dealers of
hunting, breeding, and security dogs to be licensed and inspected, our
regulations do. Specifically, the regulations at Sec. 2.1 require that
all dealers of dogs must be licensed and inspected. Our current
definition of ``dealer'' in Sec. 1.1 includes both wholesale and retail
dealers of hunting, breeding, and security dogs. These dealers are not
provided any exemption from licensing and inspection under the
definition of ``retail pet store'' in Sec. 1.1. Therefore, in the near
future, we will publish a document in the Federal Register to propose
changing the regulations to require only wholesale dealers of hunting,
breeding, and security dogs to be licensed and inspected. This action
will bring our regulations into accord with the AWA and with our new
policy, now in effect, to regulate wholesale dealers of hunting,
breeding, and security dogs. The proposal will also solicit public
comment on the new policy.
The AWA licensing requirements for animal dealers are contained in
9 CFR part 2, subpart A, and the care standards for dogs and cats are
contained in 9 CFR part 3, subpart A. For information about becoming
licensed as a dealer under the AWA, contact the person listed above
under FOR FURTHER INFORMATION CONTACT.
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).
Done in Washington, DC, his 12th day of July 1999.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18319 Filed 7-16-99; 8:45 am]
BILLING CODE 3410-34-P
