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legislation > Animal Welfare Act > licensing
Who is licensed by the Animal Welfare Act? In regards to dog and cat breeders, the Animal Welfare Act (AWA) requires that any person who maintains four or more breeding female dogs and/or cats must be licensed by the USDA — however, other licensing requirements and exemptions also apply to this definition. One of the more controversial exemptions is retail sales. The AWA, as it is currently written, licenses, inspects and regulates people who "breed dogs and cats for sale at the wholesale level and the wholesale dealers who supply these animals to pet stores, brokers, or research facilities." The Act generally excludes breeding facilities that only sell retail — which means directly to consumers, such as through websites, by telephone, at parking lots or from the kennel. Excluding retail sales from regulation is considered a loophole in the Animal Welfare Act. The Act was passed in 1966. This was before the Internet was invented and before dogs and cats could be sold online through websites (i.e., retail). Years ago, a coalition of animal protection organizations challenged this exemption. They believed all breeders should be licensed, whether they sell to consumers through pet shops or directly through the Internet or other means. The courts agreed, but the USDA appealed and the decision was overturned (see link below).
This "retail loophole" still exists today; however, the USDA recently (in 2011) announced it is in the process of developing a new proposed rule that will close this loophole. The new rule will include retail sales under the protection of the Animal Welfare Act. See below.
Proposed rule change: retail sales of pet animals September 2011: The USDA is now in the process of developing a new proposed rule that would extend the protection of the Animal Welfare Act to more dogs and cats and other pet animals that are sold at retail and meet certain other requirements. Once final language has been determined, this proposed rule will be published in the Federal Register for public comment. (The USDA originally indicated that it would publish the rule in Fall 2011; per USDA, publication is expected in the near future.) Why the change of heart? How did this policy change come about? In 2010, an audit report was released by the Office of Inspector General (OIG). This audit (conducted over a two year period) assessed the Animal Care (AC) program — specifically, the OIG reviewed problematic breeders licensed by the USDA and how the AC inspected these facilities and enforced AWA standards. The audit concluded that:
The USDA agreed with many of the OIG's findings and recommendations. In response, the USDA created the APHIS' Enhanced Animal Welfare Act Enforcement Plan. This plan included specific action items; one item addressed the need for additional oversight of retail sales of pet animals. The USDA has acknowledged that the marketplace has changed — and that, in addition to traditional brick-and-mortar pet stores, dogs and cats are now sold through the Internet and other retail venues. While the USDA stated it would support legislation to amend the AWA to include retail sales, the Department also chose to act on its own. The USDA confirmed, through its lawyers, if it had the legislative authority to regulate Internet sales through rule-change. (Note: The law can be changed; but the rules enforcing that law can also be changed.) The legal answer: "USDA has determined that it has legislative authority to regulate Internet sales." Based on this confirmation, the USDA proceeded to developing proposed regulations to bring more pet animals sold at retail under the protection of the Animal Welfare Act.
How does the above proposed rule impact the federal P.U.P.S. bill? In 2011, the Puppy Uniform Protection and Safety Act, or "PUPS Act" (US H.R. 835/S. 707) was introduced in the 112th Congress to amend the Animal Welfare Act and close the "retail sales" loophole, among other actions. Changing the law, in addition to changing the rules and regulations, is still necessary. See federal: PUPS for details.
NOTE: The Animal Welfare Act (AWA) does not protect all animals. The copy above focuses primarily on dogs and cats. The Animal Welfare Act protects a variety of animals, but not all species. See below. Per the USDA (Fact Sheet below): "The AWA regulates the care and treatment of warmblooded animals, except those, such as farm animals, used for food, fiber, or other agricultural purposes. Currently, coldblooded animals, such as snakes and alligators, are exempt from coverage under the Act. Retail pet shops are not covered under the Act unless the shop sells exotic or zoo animals or sells animals to regulated businesses. Animal shelters and pounds are regulated if they sell dogs or cats to dealers. Pets owned by private citizens are not regulated."
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