USDA Proposes to Close Loophole on Retail Pet Sales to Ensure Health and
Humane Treatment


About the USDA/APHIS proposed rule change to the Animal Welfare Act (Animal Care)

First and foremost ... PLEASE be aware that you all have been breeding animals under the definition of "retail pet store," for the past 40 years. That exemption was challenged in court back in the early 90's (DDAL v Veneman) and USDA prevailed to continue exempting hobby pet breeders from being regulated by USDA/APHIS. This court decision in USDA's 'favor" prompted the series of Puppy Protection bills, PAWS, and now the second version of PUPS (H.R. 835 - S.707). All of this is not new ... it's been moving forward for more than 20 years. The proposed rule changes have been coming along for a couple of years and there has been input from many organizations during those years. Now there will be more input from those organizations AND the public.... that's you!

USDA/APHIS is charged with making rules for acts that Congress has passed. In "our" case, that is the AWA. These regulations are not legislation, it is a charge by the Congress, (in our case) under the Department of Agriculture, to regulate what Congress has passed 40 years ago. These regulations that have proposed now are changes to those regulations that have been in effect (3 breeding females, etc.) as passed by Congress for all of those years.

This Proposed Rule Change is not final, and it wouldn't be final even after the 60 day comment period. If changes are made, another public comment period could be (but may not be) offered.

With all of that, I believe that the analyses of AKC and NAIA, below, are accurate and contain good interpretations of the proposed rule changes. I see some (in my opinion) inaccurate interpretations in a couple of the other analyses.

These proposed rule changes will affect all those pets (dogs, cats, small mammals and exotics) that have been defined as a 'retail pet store' since 1971. Please read the articles here for more details.

1) under the proposed rule change, there is no 'inspection' of the premises if

a) you have over 4 'breeding females" (undefined) and have each and every buyer visit your residence, and view the animal before purchase. That was made clear in the stake holders conference and in subsequent supporting documents.
b) you can have over 4 'breeding females' and sell the offspring wherever (ship, remote,etc.) , as long as buyers visited your residence one time before purchase.

b) you may continue to sell 'remotely" or wholesale if you maintain four or less 'breeding females."

That seemed to be the most misinterpreted issue. This is not NOW the rule, but a PROPOSED RULE

Here for the APHIS website

Comments are due July 16, 2012 11:59 PM ET and may be submitted by visiting the Federal eRulemaking

Here or above for the Portal

Here are more articles and alerts for you to read...


Proposed Rules Federal Register
28799 Vol. 77, No. 95 Wednesday, May 16, 2012

Regulatory Impact Analysis & Initial Regulatory Flexibility Analysis

Proposed Rule APHIS-2011-0003 RIN 0579-AD57
Revision of the Definition of Retail Pet Store

APHIS Retail Pets FAQ

Transcript of APHIS/USDA Stakeholder
Conference Call

AKC, Organizations and Federations Alerts and Updates:

GSDCA Review Article
American Kennel Club
Cat Fanciers' Association Exhibitor Alert
CFA May 15, 2012 Updates
National Animal Interest Alliance APHIS Alert
The USDA Proposed Rule and You By: Patti Strand Date: 05/17/2012
The Sportsmens' and Animal Owners' Voting Alliance


Pomona Licensing Fees

Current $10 - New $45

Current $25 - New $75

Pomona City Council Meeting
Monday, October 5th at 7pm

City Council Chambers
505 S. Garey Avenue
Pomona, CA 91766

Sarah Sprouse, Manager
AKC Government Relations
8051 Arco Corporate Drive, Suite 100
Raleigh, NC 27617


Butte County Animal Issues

Kern County Animal Issues

Los Angeles County

1. Law Suit: Winograd VS. LACDAC

2. Zoning Changes Bans Kennels

This impacts all dog breeding facilities in unincorporated Los Angeles
County. It's being done through Zoning rather than Animal Control. This impacts ALL dog kennels that have breeding dogs (Training Kennels and Boarding Kennels that have breeding dogs will be required to cease breeding within 5 years). Please read the documents very carefully as it basically zones all breeding kennels into Manufacturing zoning and requires a Conditional Use Permit (CUP). And I, personally, would like to know of the hundreds of "puppymill" busts that have been done in Los Angeles County. There is a hearing noted toward the end of October, and for all those that said it won't affect me, it will. AKC is aware of this.

A County Supervisor's office was contacted and the word is that meetings are ongoing about these proposed ordinance changes right now, so letters and phone calls are appropriate. Let's have a good attendance at the October 28 public meeting, too. I do not breed, but I'll be there. Will you?

The County of Los Angeles is proposing to amend its Zoning Code with
regards to its regulations for the keeping of dogs and cats and the permitting requirements for the breeding of dogs and cats. The proposed Zoning Code amendment includes the following:

Establishes a definition of a boarding facility for dogs and cats and a breeding facility for dogs and cats. The term dog kennels is replaced with the term boarding facility for dogs and cats in the A-2 and M-1 Zones as a permitted use and as a use requiring a conditional use permit in the CM Zone. Dog breeding as a permitted use in the M-1 Zone is deleted. Breeding facility for dogs and cats is added as a use requiring a conditional use permit in the M-1, M-1 and ½, M-2 and M-4 Zones. The existing limitations on the keeping of dogs in the Agricultural and Residential Zones are deleted and replaced by limitations for dogs and cats that apply to all zones. Existing approved boarding facilities (kennels) with a breeding facility as an accessory use must stop all breeding activities within five years of the effective date of the ordinance. The Regional Planning Commission will hold a public hearing on October 28, 2009. Please see the the draft ordinance, public hearing notice, a summary report, and a draft Negative Declaration, downloadable below.

Click Here to download details

Click Here to download Staff Report on Puppy Mills


If you have any questions about this matter please contact me.

James Bell
Principal Regional Planning Assistant
Ordinance Studies

Please note: The Los Angeles County Department of Regional Planning has announced a public hearing on Wednesday, October 28th to discuss proposed zoning changes affecting kennels. It is vital that concerned breeders become involved with this process NOW! Once this proceeds to the Board of Supervisors it will be very hard to obtain modifications or to defeat the measure.

Regional Planning Department Meeting
Wednesday, October 28th at 9am
320 West Temple Street,Room 1355
Los Angeles, CA 90012

NEW! Riverside County Animal Issues

Santa Barbara County Task Force
Click Here for most recent issues and updates


Thanks to Save Our Dogs support we have an EASY LETTER available for RESIDENTS of Santa Barbara County. If you live outside the county contact the Supervisors with your input. Click Here for More details

Santa Clara County


Los Angels City Lawsuit: CDOC VS. LAAS

Los Angeles City Animal Issues


Status of the law suit 7/14/09

Click Here Enter Case number = BS114453

Case Type: Writ - Administrative Mandamus (General Jurisdiction)
Status: Judgment by Court-Petition denied 07/14/2009

Click Here for SNAC Report - Final report fo BOD and LAAS


South Lake Tahoe
- Click Here

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 VERY Animal Rights (AR)
Friday,December 19, 2008 2:30 AM

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PETA on targeting children: "Everything we do is based at adults." Ingrid Newkirk, PETA President on CNN, March 21, 2002


"Our campaigns are always geared towards children and they always will be." Dan Matthews, PETA Vice President, on FOX News, Dec 19, 2003 


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