Improper Proposed changes to APHIS

The Animal Welfare Act (AWA), 7 USC Sect.2131 - §2159, requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. The Act provides guidelines for housing, enclosures, exercise, feeding, watering, sanitation and handling, but it does not regulate the type of experiments that can be performed on animals. The Act is enforced by the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS).

Violators may be subject to criminal and/or civil penalties or may have their licenses revoked. The Act limits the types of animals it protects. It defines “Animal” as a “warm-blooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet.” Animals excluded from the Act: birds, rats, mice, reptiles and farmed animals.

Remarkably, in a town in Montana, the city passed an ordinance which prohibits the sale of mice,rodents, and LIMITS the number of fish owned to THREE. The ordinance affects mammals with a vertebrae and most fish that we know of, have vertabrae. (98% of animals are non vertabrae)

Facilities covered by the Act include: research laboratories, dealers (breeders and brokers), exhibitors (zoos and circuses) and transporters.
Facilities that are exempt include: retail pet stores, direct sellers, hobby breeders, public pounds, private shelters, private collections, livestock shows, pet shows, rodeos and any facility using nonregulated species.

UPDATE: UNFORTUNATELY the APHIS regs were upheld recently. This means small hobby breeders are subject to same rules as commercial kennels for some issues, and may have to actually change their kennel or housing just to comply. This can be very extensive and expensive.

 We will post more on the issue of APHIS and how animal rights are trying to change the policy of the APHIS regs to essentially end up regulating hobby breeders in direct contradiction from the case law in the early 2000s which exempted hobby breeders. These proposed changes would drastically create severe issues and impact interstate commerce.