As of today, May 21, 2019, the comment period for Docket No. APHIS-2017-0062 as described in the previous May 19 post, has been EXTENDED to Wednesday, June 5, 2019 at 11:59 p.m. EST. The docket page has been updated to reflect this change. As of this morning, the comment counter shows 27,653 comments received. For more information:

Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs

In March, APHIS published for comment a new Proposed Rule based on information gathered through a 2017 advance notice of proposed rulemaking (ANPR) to solicit comment on a number of topics under consideration for revisions to the Animal Welfare Act Regulations.  The comment period for the current Proposed Rule closes on May 21 2019, at 11:59 PM ET.  For all documents on “Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs” or to submit a comment, see https://www.regulations.gov/document?D=APHIS-2017-0062-47066

APHIS summarizes the changes as “PROMOTE COMPLIANCE, REDUCE FEES, STRENGTHEN SAFEGUARDS, PREVENT PERSONS/BUSINESSES WITH NONCOMPLIANCE HISTORY FROM OBTAINING LIC/WORKING W/REGULATED ANIMALS, and STRENGTHEN VET CARE/WATERING FOR REGULATED DOGS

One reason for these proposals is response to inadequately rigorous license procedures and care standards for “puppy mills” – either alleged by activists or recognized by APHIS. These make it more difficult to reference USDA licensing as a standard for other purposes such as allowing retail stores to sell puppies to the public. Thus, the revisions emphasize licensing and dog care. However, the licensing changes impact ALL licensees.

There are some related concerns that could impact breeders who sell at retail and would not have been licensed before the 2013 Retail Pet Store Rule where the licensee’s “business model” information will now be required in order to demonstrate compliance.  Here is the explanation:

“Proposed paragraph (b)(2) would state that licenses authorize increments of 50 animals on hand at any single point in time during the period of licensure, and that licensees must obtain a new license before any change resulting in more than the authorized number of animals on hand at any single point in time. For example, a dog breeder with 30-40 breeding female dogs should apply for a license to hold 100 dogs and demonstrate compliance to house 100 dogs (adults and puppies) to accommodate anticipated births from the dogs. Since the breeder business model is predicated on selling puppies at or shortly after 8-weeks of age, the applicant would have to demonstrate the ability to safely handle, house, and care for up to 100 dogs (adult and puppies) at the time of pre-license inspection. The pre-license demonstration of compliance would take into account the species of dog, the number of breeding female dogs, the projected litter size, and the facility’s business model for selling and placing puppies and adult dogs who are no longer used for breeding purposes. Paragraph (b)(2) would also state that licenses authorize the use of animals by subpart A through F in part 3, except that, for subparts D and F, licenses separately authorize the use of each of the following groups of animals: (1) Group 5 and 6 nonhuman primates, (2) big cats or large felids (lions, tigers, leopards, cheetahs, jaguars, cougars, and any hybrid cross thereof), (3) wolves, (4) bears, and (5) mega-herbivores (elephants, rhinoceroses, hippopotamuses, and giraffes). These groups of animals would have to be separately authorized because these animals are dangerous and have unique regulatory and care needs. Licensees would also be required to obtain a new license before using any animals beyond those animals authorized for use under the existing license for activities for which a license is required. For example, if an applicant obtained a 3-year license after demonstrating compliance with the regulations in part 2 and the standards pertaining to dogs and cats (subpart A of part 3), but later decides that he or she wishes to also acquire and use rabbits for activities that require a license, that person would need to apply for a new license and demonstrate compliance with all applicable regulations and standards, including the standards pertaining to dogs, cats, and rabbits (subparts A and C of part 3), and obtain a new license, before using the rabbits for such activities.”

As CFA explained since 1997, the original licensing threshold based on the wholesale business model allowed licensed breeders to send offspring to retail sellers at predictable ages so as to control overhead and typically limit breeding stock to animals used for breeding. As this standard changed, licensed breeders can be retaining offspring for direct sale to brokers or pet buyers for unpredictable periods at increased overhead costs and use of the facilities’ space and resources. These practices could result in more animals than anticipated and less predictable revenues and cash flow to cover overhead costs, resulting in greater risks to animals at the licensee’s facility. The Proposed Rule would require more careful evaluation and attention to compliance details for some persons.

The new water and care provisions apply to dogs only, and cat requirements are distinguished as follows:

“32. Section 3.10 is revised to read as follows:

 3.10

Watering.

(a) Potable water must be continually available to the dogs, unless restricted by the attending veterinarian.

(b) If potable water is not continually available to the cats, it must be offered to the cats as often as necessary to ensure their health and well-being, but not less than twice daily for at least 1 hour each time, unless restricted by the attending veterinarian.

(c) Water receptacles must be kept clean and sanitized in accordance with § 3.11(b) and before being used to water a different dog or cat or social grouping of dogs or cats.”

When a Final Rule is eventually published, we will again provide reference material for its use.

Massachusetts: Senate Bill 114 Creating Breeder Licensing for Cat Fanciers and Rescue Regulations Proposed by MDAR

Fanciers do more than just bathe, fluff and primp their cats in preparation for a show. Most of our CFA feline aficionados have active breeding programs, and many provide valuable services in cat rescue as well. Massachusetts lawmakers have their eye on regulating both activities.

Senate Bill 114

Senate Bill 114, presented by Senator Harriette L. Chandler (D – First Worcester) by a bipartisan petition, is an act with the stated purpose of protecting the health and safety of kittens and puppies in Massachusetts. The bill would make several changes to existing animal law including licensing for cat breeders. To add cats to the existing dog breeder licensing law, the bill would strike out the existing Chapter 140 §137C and insert a new §137C. The new §137C would require the inspection of both kennels and catteries. The definition of cattery is modeled after the definition of kennel and reads as follows:

“’Cattery’, a pack or collection of cats on a single premises, including a commercial boarding or training cattery, a commercial breeder cattery, a domestic charitable corporation cattery, a personal cattery and a veterinary cattery.”

The new §137C is similar to existing law with some differences besides the addition of catteries. The draft language specifies the hours during which inspections may take place and the extent to which private residences may be inspected. It also allows for unannounced inspections should the inspector feel such measures are necessary. Another change is the provision for escalating fines for operating a cattery or kennel after the license was revoked or suspended — the fine ranges from $250 for the first offense to $1500 for third or subsequent offenses. Currently, the fine for each event is $250.

Senate Bill 114 also directs MDAR to promulgate rules and regulations for “the maintenance and inspection of commercial breeder kennels or catteries and personal kennels or catteries in which not less than 5 sexually-intact female dogs or cats are kept for the purpose of breeding the dogs or cats and sell the offspring as household pets.” The rules are to address proper housing, standards of care, responsible breeding practices, and regular inspections. MDAR is required to draft additional rules for boarding kennels and catteries and daycare facilities, regardless of size or whether the entity is home-based. If S B. 114 is enacted, the regulations are to be promulgated not more than 18 months after the bill’s enactment date.

Regulations for Shelters and Rescues

The Massachusetts Department of Agricultural Resources (MDAR) has promulgated new rules for the licensing and operation of animal shelters and rescue organizations. The stated goal of the regulations is to control the spread of diseases associated with such animal welfare activities. As many fanciers are involved with pedigreed cat rescue, it is important those fanciers thoroughly review the proposed rules (click here).

Under the proposed regulations, a rescue organization is an IRS 501 (c) (3) entity not otherwise required to be licensed under Massachusetts General Law (M.G.L.) Chapter 129 §39, 39A, or 45, or M.G.L. Chapter 94 §152A. The primary purpose of the organization must be “the placement of abandoned, displaced, unwanted, neglected or abused animals.” The entity must not pay or compensate breeders for the cats or dogs.

The proposed rules set forth licensing procedures and requirements for facilities, animal care, and foster care, importation of animals, restrictions on placement, reclamation of owned pets, record keeping, inspections, and quarantines. In drafting the rules, lawmakers differentiated between facilities of the organizations and their foster homes. The organization is responsible for having completed written agreements with each foster home at least once every two years.  The foster home must also provide the organization a signed acknowledgment they have read and understood “Best Practices for Providing Foster Care” provided by MDAR. It will also be the organization’s responsibility to ensure the foster home is compliant with the animal care requirements under §30.06 of the proposed regulations.

Since the comment period for the proposed regulations ended on May 7, 2019, MDAR should be in the process of compiling, analyzing and considering the comments prior to the development of the final rules.

Please report legislation happening in your area to the Legislative Group – legislation@cfa.org    Visit the CFALegislativeNews Facebook page and the CFA Legislative Group Blog to see the current legislative news.