So whats your thoughts on this

[hemet dennis]

Does this include chickens ?

http://www.aphis.usda.gov/newsroom/2012/05/retail_pets_051012.shtml

 

[speckledhen]

No.


Quote: Quote:
Chickens are not mammals nor are they exotics. They are considered agricultural animals.

 

[hemet dennis]

No.


Quote:
Chickens are not mammals nor are they exotics. They are considered agricultural animals.

Someone on a rabbit site said that it does include rabbits even though it would seem not to. So I was wondering if some inspector was to take an aggressive reading of the rules maybe it could include chickens and others.
I would like to see a list of all that it does cover.

 

[HLAC]

"Currently, anyone selling, at retail, the following animals for
use as pets are considered retail pet stores: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils,
rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and cold-blooded
species.
This proposed rule would rescind the “retail pet store” status of anyone selling, at retail
for use as pets, the animals listed above to buyers who do not physically enter his or her place of
business or residence in order to personally observe the animals available for sale prior to​

purchase and/or to take custody of the animals after purchase."

http://www.aphis.usda.gov/newsroom/2012/05/pdf/docket_APHIS_2011_0003.pdf

 

[speckledhen]

Under that law, hatcheries could not sell chicks, if you stretch it that far. I can't even understand what the last paragraph is even saying. Anyone want to translate to plain English? Is it talking about revoking a business license if people can't come pick up their pets and see how they're kept? If so, Ideal and McMurray are in serious trouble and couldn't sell through the P.O. Maybe my reading skills have degraded in recent years, but that's what it sounds like to me.


If Dennis was asking if it applies to us, selling our birds, it can't. We're not a retail establishment. According to the Aphis article, it would not apply to livestock. Chickens are usually considered livestock for legal purposes, though not always. So, are they "domestic farm animals sold as pets" or "livestock" for the purpose of that law?

 

[chickened]

This new rule as I understand it would shut down mail order animals sold unless the buyer picked them up. It would not effect BYC sellers. Unless you have a website or some other identifying venue that makes you a retail business. Basically all the folks with a cute farm name would need to sell thier birds as "Joe Blow" no more farm selling per say through the mail.

It seems the real reason for the rule change is to eliminate some form of competition for someone guised as for animal health or safety.
It also appears to be a lobbying effort by animal rights groups.

http://www.dm.usda.gov/oaljdecisions/vol62/Vol62_at_19.htm It has been tried before.

 

[hemet dennis]

How many would you have to sell to be considered a business ?
What they're saying about rabbits is if you have less then 4 intact does and sell one rabbit at a show you would be in violation. You can only have people come to your property so they can see how their raised.
If you have more then 4 intact does and sell any rabbits as pets you would be in violation.
I can see some inspector saying if you sell a duck or chicken as a pet you would be in violation.

 

[chickened]

I read about 2/3 the way through so far and from what I gather it is based on 500.00 worth of sales but if you have 4 dogs or less you are exempt.

The "intent' of the rule is to have the public monitor the public sale areas and the larger private sellers to be under scrutiny as to better direct the limited resources available and to punish the folks that do not provide the level of care put forth.

The rule is primarily aimed at high volume sellers but the ability is written in the language to go after anyone except basically someone having the occasional litter in their home.

You would have to read the definition accompanying the APHIS rules that is used for a "business" as I understand this is an amendment to the current rules. My guess is it is vague purposefully.

 

[hemet dennis]

I read about 2/3 the way through so far and from what I gather it is based on 500.00 worth of sales but if you have 4 dogs or less you are exempt.

The "intent' of the rule is to have the public monitor the public sale areas and the larger private sellers to be under scrutiny as to better direct the limited resources available and to punish the folks that do not provide the level of care put forth.

The rule is primarily aimed at high volume sellers but the ability is written in the language to go after anyone except basically someone having the occasional litter in their home.

You would have to read the definition accompanying the APHIS rules that is used for a "business" as I understand this is an amendment to the current rules. My guess is it is vague purposefully.

That 4 or less exemption goes away if you sell even one away from your home.