This article first appeared in the July 27, 2012 issue of DOG NEWS and is posted here by permission of the author.
Deception from APHIS
Carlotta Cooper
I recently had the pleasure of
attending a meeting of many of the people in my state involved in dog
legislation. Of course, the proposed APHIS rule changes were one of
the topics. It was a very productive meeting but one point mentioned
by more than one person was that there were still many people in
their clubs who didn't know what APHIS was about. And, when they
tried to present legislative reports to their clubs, they were often
told to shorten them or they said that club members expressed no
interest in legislation that would affect them.
I've heard these same complaints from
legislative liaisons with parent clubs, specialty clubs, and local
kennel clubs. There are a lot of good legislative liaisons working
their tails off, to put it bluntly, trying to keep club members
informed about important issues that affect dogs and dog breeding,
and a lot of people don't want to hear about the issues. Unless
animal control is actually at the door, ready to take their dogs,
they aren't interested. When things reach that point, it's usually
too late for a legislative liaison to help you. You're just a story
on the Internet then, and a lot of people still won't believe it can
happen to them. Many dog people will conclude that you must have
done something to deserve what happened to you instead of
understanding that we have serious problems with dog laws right now
and we all need to be paying attention to what's going on.
I hate to compare the situation to the
Titanic, but if someone is conducting a lifeboat drill, you would be
well-advised to pay attention.
APHIS Proposed Changes
The most important issue for all of us
who breed dogs at the moment is the proposed changes to the APHIS
rules. Under the proposed changes, anyone who has more than four
“breeding females” will have to be USDA licensed and allow
unannounced inspections of their facilities. You can be exempt from
USDA-licensure if each puppy is sold “face to face.” That means
for each puppy sold, the buyer has to make at least one visit to your
home to see it, either at the time of purchase or sometime before the
purchase. However, if you ship even one puppy to a
buyer without the buyer visiting your premises, you would loose your
exemption.
You can be exempt if you have four or
fewer breeding females. However, you cannot sell any puppies or dogs
that were not born on your premises. So, if you get a puppy back
from a bitch or a stud fee puppy, you can't sell it. If you buy a
show prospect and it doesn't work out, you cannot sell him. If you
do any of these things, you would lose your exemptions and have to
become USDA licensed.
It's also very important for people to
realize that co-owned bitches DO count toward their total
number of breeding females. If you take in an occasional bitch as a
rescue, she counts, even if you get her spayed later. Do you have
bitches come in to visit your stud dog? They count. Also, if you
have three bitches and three intact cats, for example, you are also
over the limit. “Breeding females” is not restricted to dogs.
It refers to any of the species covered under the APHIS regulations,
such as rabbits, guinea pigs, and others. It doesn't matter that you
never intend to breed these animals. If you have them, they count
toward your total number of “breeding females.” If they are
intact females on your premises, or you have an ownership interest in
them, they count.
USDA-Compliant Facilities
One of the worst and most contentious
changes for hobby breeders would affect all of their dogs, not just
how they sell puppies. It goes to the heart of hobby dog breeding
and how we love and care for our dogs. It concerns kennels vs.
keeping dogs in the home.
USDA licensed breeders are required to
keep their dogs in primary enclosures that meet the following
requirements (Code of Federal Regulations, Title 9 - Animals and
Animal ProductsVolume: 1 Date: 2009-01-01Original Date:
2009-01-01Title: SUBCHAPTER A - ANIMAL WELFARE Context: Title 9 -
Animals and Animal Products.)
§ 3.6
Primary enclosures.
Primary enclosures for dogs and cats must meet the following minimum
requirements:
(a) General requirements. (1) Primary enclosures must be designed and
constructed of suitable materials so that they are structurally
sound. The primary enclosures must be kept in good
repair.
(2) Primary enclosures must be constructed and maintained so that
they:
(i) Have no sharp points or edges that could injure the dogs and
cats;
(ii) Protect the dogs and cats from injury;
(iii) Contain the dogs and cats securely;
(iv) Keep other animals from entering the enclosure;
(v) Enable the dogs and cats to remain dry and clean;
(vi) Provide shelter and protection from extreme temperatures and
weather conditions that may be uncomfortable or hazardous to all the
dogs and cats;
(vii) Provide sufficient shade to shelter all the dogs and cats
housed in the primary enclosure at one time;
(viii) Provide all the dogs and cats with easy and convenient access
to clean food and water;
(ix) Enable all surfaces in contact with the dogs and cats to be
readily cleaned and sanitized in accordance with § 3.11(b) of this
subpart, or be replaceable when worn or soiled;
(x) Have floors that are constructed in a manner that protects the
dogs' and cats' feet and legs from injury, and that, if of mesh or
slatted construction, do not allow the dogs' and cats' feet to pass
through any openings in the floor;
(xi) Provide sufficient space to allow each dog and cat to turn about
freely, to stand, sit, and lie in a comfortable, normal position, and
to walk in a normal manner; and
(xii) Primary enclosures constructed on or after February 20, 1998
and floors replaced on or after that date, must comply with the
requirements in this paragraph (a)(2). On or after January 21, 2000,
all primary enclosures must be in compliance with the requirements in
this paragraph (a)(2). If the suspended floor of a primary enclosure
is constructed of metal strands, the strands must either be greater
than 1/8 of an inch in diameter (9 gauge) or coated with a material
such as plastic or fiberglass. The suspended floor of any primary
enclosure must be strong enough so that the floor does not sag or
bend between the structural supports.
(b) Additional requirements for cats.—(1)Space. Each cat, including
weaned kittens, that is housed in any primary enclosure must be
provided minimum vertical space and floor space as
follows:
(i) Prior to February 15, 1994 each cat housed in any primary
enclosure shall be provided a minimum of 21/2 square feet of floor
space;
(ii) On and after February 15, 1994:
(A) Each primary enclosure housing cats must be at least 24 in. high
(60.96 cm);
(B) Cats up to and including 8.8 lbs (4 kg) must be provided with at
least 3.0 ft2 (0.28 m2);
(C) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft2
(0.37 m2);
(iii) Each queen with nursing kittens must be provided with an
additional amount of floor space, based on her breed and behavioral
characteristics, and in accordance with generally accepted husbandry
practices. If the additional amount of floor space for each nursing
kitten is equivalent to less than 5 percent of the minimum
requirement for the queen, such housing must be approved by the
attending veterinarian in the case of a research facility, and, in
the case of dealers and exhibitors, such housing must be approved by
the Administrator; and
(iv) The minimum floor space required by this section is exclusive of
any food or water pans. The litter pan may be considered part of the
floor space if properly cleaned and sanitized.
(2) Compatibility. All cats housed in the same primary enclosure must
be compatible, as determined by observation. Not more than 12 adult
nonconditioned cats may be housed in the same primary enclosure.
Queens in heat may not be housed in the same primary enclosure with
sexually mature males, except for breeding. Except when maintained in
breeding colonies, queens with litters may not be housed in the same
primary enclosure with other adult cats, and kittens under 4 months
of age may not be housed in the same primary enclosure with adult
cats, other than the dam or foster dam. Cats with a vicious or
aggressive disposition must be housed separately.
(3) Litter. In all primary enclosures, a receptacle containing
sufficient clean litter must be provided to contain excreta and body
wastes.
(4) Resting surfaces. Each primary enclosure housing cats must
contain a resting surface or surfaces that, in the aggregate, are
large enough to hold all the occupants of the primary enclosure at
the same time comfortably. The resting surfaces must be elevated,
impervious to moisture, and be able to be easily cleaned and
sanitized, or easily replaced when soiled or worn. Low resting
surfaces that do not allow the space under them to be comfortably
occupied by the animal will be counted as part of the floor
space.
(5) Cats in mobile or traveling shows or acts. Cats that are part of
a mobile or traveling show or act may be kept, while the show or act
is traveling from one temporary location to another, in transport
containers that comply with all requirements of § 3.14 of this
subpart other than the marking requirements in § 3.14(a)(6) of this
subpart. When the show or act is not traveling, the cats must be
placed in primary enclosures that meet the minimum requirements of
this section.
(c) Additional requirements for dogs—(1) Space. (i) Each dog housed
in a primary enclosure (including weaned puppies) must be provided a
minimum amount of floor space, calculated as follows: Find the
mathematical square of the sum of the length of the dog in inches
(measured from the tip of its nose to the base of its tail) plus 6
inches; then divide the product by 144. The calculation is: (length
of dog in inches + 6) × (length of dog in inches + 6) = required
floor space in square inches. Required floor space in inches/144 =
required floor space in square feet.
(ii) Each bitch with nursing puppies must be provided with an
additional amount of floor space, based on her breed and behavioral
characteristics, and in accordance with generally accepted husbandry
practices as determined by the attending veterinarian. If the
additional amount of floor space for each nursing puppy is less than
5 percent of the minimum requirement for the bitch, such housing must
be approved by the attending veterinarian in the case of a research
facility, and, in the case of dealers and exhibitors, such housing
must be approved by the Administrator.
(iii) The interior height of a primary enclosure must be at least 6
inches higher than the head of the tallest dog in the enclosure when
it is in a normal standing position: Provided That, prior to February
15, 1994, each dog must be able to stand in a comfortable normal
position.
(2) Compatibility. All dogs housed in the same primary enclosure must
be compatible, as determined by observation. Not more than 12 adult
nonconditioned dogs may be housed in the same primary enclosure.
Bitches in heat may not be housed in the same primary enclosure with
sexually mature males, except for breeding. Except when maintained in
breeding colonies, bitches with litters may not be housed in the same
primary enclosure with other adult dogs, and puppies under 4 months
of age may not be housed in the same primary enclosure with adult
dogs, other than the dam or foster dam. Dogs with a vicious or
aggressive disposition must be housed separately.
(3) Dogs in mobile or traveling shows or acts. Dogs that are part of
a mobile or traveling show or act may be kept, while the show or act
is traveling from one temporary location to another, in transport
containers that comply with all requirements of § 3.14 of this
subpart other than the marking requirements in § 3.14(a)(6) of this
subpart. When the show or act is not traveling, the dogs must be
placed in primary enclosures that meet the minimum requirements of
this section.
(4) Prohibited means of primary enclosure. Permanent tethering of
dogs is prohibited for use as primary enclosure. Temporary tethering
of dogs is prohibited for use as primary enclosure unless approval is
obtained from APHIS.
(d) Innovative primary enclosures not precisely meeting the floor
area and height requirements provided in paragraphs (b)(1) and (c)(1)
of this section, but that provide the dogs or cats with a sufficient
volume of space and the opportunity to express species-typical
behavior, may be used at research facilities when approved by the
Committee, and by dealers and exhibitors when approved by the
Administrator.
(Approved by the Office of Management and Budget under control number
0579-0093)
[56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997;
63 FR 3023, Jan. 21, 1998; 63 FR 37482, July 13, 1998]
Animal
Health and Husbandry Standards
§ 3.7
Compatible grouping.
Dogs and cats that are housed in the same primary enclosure must be
compatible, with the following restrictions:
(a) Females in heat (estrus) may not be housed in the same primary
enclosure with males, except for breeding purposes;
(b) Any dog or cat exhibiting a vicious or overly aggressive
disposition must be housed separately;
(c) Puppies or kittens 4 months of age or less may not be housed in
the same primary enclosure with adult dogs or cats other than their
dams or foster dams, except when permanently maintained in breeding
colonies;
(d) Dogs or cats may not be housed in the same primary enclosure with
any other species of animals, unless they are compatible;
and
(e) Dogs and cats that have or are suspected of having a contagious
disease must be isolated from healthy animals in the colony, as
directed by the attending veterinarian. When an entire group or room
of dogs and cats is known to have or believed to be exposed to an
infectious agent, the group may be kept intact during the process of
diagnosis, treatment, and control.
As you can see, these are very precise
engineering standards which give instructions, down to the inch, of
how dogs are to be kept. They are obviously designed for commercial
breeders and people who breed dogs on a large scale for wholesale
purposes. They are clearly not appropriate for hobby dog breeders
and people who keep dogs in their home.
And, yet, when hobby breeders began
objecting in large numbers in their APHIS comments that they could
not and would not be able to keep their dogs under these conditions,
APHIS issued the following response in a revised fact sheet (July
2012):
Q.
If this proposal is adopted, would breeders who
come
under regulation and allow their dogs to
roam
free in their homes have to put their animals
in
a kennel?
A.
No.
The AWA regulations define a primary
enclosure
broadly to mean any structure or device
used
to restrict an animal or animals to a limited
amount
of space. As such, a home can be considered
a
dog’s primary enclosure. If a room of a house is used
as
a dog’s primary enclosure (e.g., a whelping room or
nursery),
APHIS will apply the applicable regulations
and
standards to the room.
If,
however, a dog breeder allows their dogs to have
free
run of the entire house, APHIS will assess whether
the
home can house animals within the health and
humane
standards contemplated by the AWA. If the
breeder
has a kennel or cages that the dogs can stay
in
inside the home that meet AWA standards, we would
consider
that compliance with the primary enclosure
requirements
has been achieved.
Can
anyone see how you could possibly keep your dogs in the house and
follow APHIS regulations? I can't. And neither can anyone we've
checked with on this issue. That includes people who have been
involved with commercial dog breeders and the USDA for decades. Dr.
Gerald Rushin of the USDA claims that the USDA is currently
inspecting some USDA dog breeders who raise dogs in their home but
it's hard to see how they do it. They certainly can't have any kind
of normal home if they do. It might be possible to meet the
requirements listed above if you had a Toy breed and kept the dogs
confined to one room, in small crates. You would have to be able to
have extremely large crates for the little dogs, much larger than we
normally use for dogs for crating purposes (for safety, for sleeping,
for potty training purposes, for traveling). The room and all its
contents would have to be capable of withstanding sterilization on a
regular basis and be able to pass all of the other inspection points.
But this is hardly the same as allowing your dogs to roam freely in
the house. And it would seem to be impossible to provide this kind
of situation for larger dogs. The cost alone of providing super size
crates for large dogs would be prohibitive as they would probably
have to be custom-made, and no one would want to keep their dogs
confined to a crate in the home continually in this manner.
It's
ludicrous that APHIS would try to provide this kind of answer to the
critical comments they have been receiving from hobby breeders about
putting their house dogs in kennels. Not just ludicrous. It appears
to be an attempt to deceive. They appear to be trying to allay
breeder criticism to try to get us to go along with the proposed
changes. But I don't think any of us want to keep our dogs in the
house under these
conditions! APHIS needs to get some comments on this issue.
There
are other items in the fact sheet which are questionable. The fact
sheet claims that breeders will be able to meet buyers off their
premises to make a sale instead of requiring a face to face meeting.
However, this is not in the proposed rules. Call me skeptical, but
it's what's in the rules that matter, not what's in some non-binding
fact sheet. If an inspector comes to your home, they will follow the
rules and regulations. They won't care what was promised in a fact
sheet. And the fact sheet doesn't improve anything for breeders who
need to ship a puppy occasionally.
I
could go on but you see the problems. Please make sure that everyone
in your clubs knows what is in the proposed APHIS changes. They
would affect ALL of us. You have until August 15 to comment. Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0003-0001http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0003-0001.
You can make a comment of 2000 characters (not words). If you need
more space you can attach a document such as a PDF or Word document.
It's best to have your comment pre-written so you can simply copy and
paste it into the text window.
The
proposed APHIS changes would be a disaster for hobby dog breeders.
Tell everyone you know and get them to comment!
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