USDA New Rule, Injunction! Need Support

[NewfieGirl01]

There is a group fighting for an injunction on the new USDA Rule (the one that will affect thousands of wonderful dog and cat breeders as well as pet owners looking for wonderful new family members).

I believe we're close or at our $10,000 donation goal, but we need organizations to sign on as plaintiffs!!

If anyone can spread the word, we have until November 14th!!

ADBA has signed on to be a plaintiff and donated $2,000.

If anyone else would like to help, please visit this website:
http://www.keepourdomesticanimals.com/list-of-donors-and-plaintiffs.html


Dear friends,
The recently passed USDA/APHIS rule, despite what it claims, presents a threat to hobby breeders by classifying them as commercial sellers/stores who should be regulated and inspected. Simplified, if you harbor more than four intact females (this means more than four of all cats, dogs, ferrets, guinea pigs, etc on your premises; not four of each), and sell a pet sight unseen you are a possible target.

The rule is overly complicated, inconsistent, and certainly not easy to understand. The final interpretation of the rule, its definitions, and enforcement will likely be at the sole discretion of APHIS inspectors and staff. While there are some that may be comfortable with a "wait and see" approach, there are others of us that do not trust the animal rights movement to leave us alone, and would rather see the entire regulation scrapped. There is a LEGAL way to do it and the groundwork has been done. The filing of a federal injunction to halt implementation of this rule is based not on the rule itself, but on the INCORRECT PROCEDURE this agency used to pass it. We believe it is cut and dried, we need to file the injunction to stall the rule's implementation indefinitely.

Associated Dog Clubs of NYS is spearheading the effort; they have donated the first $1000 toward the required $10K attorney retainer and have offered to be listed as the first plaintiff on the suit. There is MUCH interest in this; many are joining the cause, but we need more help, not only from dog clubs, but all animal groups. Organizations can be listed as plaintiffs, but we need the support of individuals' donations as well.

Please consider joining the cause, we are all in this together.

 

[NewfieGirl01]

THANK YOU TO Northland Newfoundland Club for your generous donation of $500.00 and signing on as a plaintiff for the injunction!!

We have 2 more days to get signups. If there are any other Newfoundland Clubs willing to help support their breeders, please act now!

 

[Straylight]

In case you were wondering about potential ill effects, there's a document on the linked site that details bad stuff that could happen if this rule passes. Here it is in full:

SUMMARY OF THE PRACTICAL REASONS
WHY THE USDA RETAIL PET STORE RULE CHANGE SHOULD BE CHALLENGED
1. Although hobby breeders don't think of ourselves as “in the business” of retail puppy sales, under the previous USDA/APHIS rules we were considered “retail pet sellers” because we sold pets directly to the consumer rather than to a dealer or broker who then sold them to storefront pet shops. With the revised rule, some of us will have to change how we raise or sell our puppies, or we will lose the exemption we have had and become “dealers” -- who must be licensed – rather than “retail sellers” who do not need a USDA license to breed and sell pets.
2. Despite the USDA determination that a maximum of 4,640 breeders could be affected by Rule, and the USDA assurances that many hobby breeders would qualify for an exemption and remain “retail pet sellers,” those decisions will be made on a “case by case” basis that could result in tens of thousands of hobby breeders being subjected to USDA inspections, and being required to be USDA Licensed or change their breeding programs. In short, the “case by case” premise means every hobby breeder may be subject to at least one USDA Inspection to determine if the breeder qualifies for an exemption or if the breeder needs to become USDA Licensed.
3. If USDA decides that a hobby breeder is required to be USDA licensed, that breeder will either have to change how they sell dogs, reduce the number of dogs they keep, or will have to build a separate kennel facility or make costly structural modifications to their home in order to meet the existing standards. These include space, type of confinement, sanitation, ventilation, climate control, separation of litters and adults, and various other requirements that may be impossible to meet in a home setting. Those modifications could cost tens of thousands of dollars for each breeder, if they are not prohibited by local zoning laws and business permit ordinances.
4. If you are required to be a USDA licensed breeder, you must ensure that a responsible individual is present during “reasonable business hours,” usually considered 7 am to 5 pm each weekday, to allow a USDA inspector to make a “NO NOTICE” inspection. Failure to be home could result in a maximum fine of $10,000 if a repeat violation occurs.
5. If you are required to be USDA Licensed, you may receive citations for such relatively minor things as a cobweb, a spilled water bucket, or a dead fly found on a window sill. Yes, USDA licensed breeders have received citations for such “non-compliance” anywhere on their premises that their dogs have access to.
6. If you are required to be USDA Licensed, your name and address will be available to the public on the USDA web site. In addition, if you are found to have any “violations” of any kind, reports of all USDA inspections of your premises will be listed. Animal rights extremists commonly monitor these postings to identify breeders to target. In some places, the state or local licensing authority will “investigate” a complaint made solely on the basis of a breeder receiving a USDA citation, regardless of how minor the violation is and even if the “complainant” has never been to the breeder's premises. USDA will accept any complaint made in writing, even if it is anonymous, and investigate to determine if there is a violation of either licensing requirements or standards of care.
7. The final rule does not require that you admit the public to your home, as would have been mandated by the proposed rule. But the final rule does require that a breeder must meet with a buyer face-to-face, with the puppy present, in order to be exempt from USDA licensing as a pet dealer. This exemption is also lost if the breeder sells (face-to-face or sight unseen) any puppy not born and raised on the breeder's premises.