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.