Post by Sherazad on Aug 20, 2014 8:47:42 GMT -5
Here is the notice from AKC -- does not affect imports for personal
ownership or breeding program....
New Federal Regulations Protect Canine Health and Restrict the Age of
Puppies Imported for Resale
Monday, August 18, 2014
<http://www.akc.org/press_center/article.cfm?article_id=5637>
www.akc.org/press_center/article.cfm?article_id=5637
The United States Department of Agriculture's Animal and Plant Health
Inspection Service (USDA APHIS) today released
<http://www.gpo.gov/fdsys/pkg/FR-2014-08-18/pdf/2014-19515.pdf> new
regulations, effective November 17, that will restrict the importation of
puppies younger than 6 months of age into the continental United States for
the purpose of resale, research or veterinary treatment. The new regulations
do not restrict individuals who wish to import dogs they intend to keep for
personal use, such as a pet or as part of a breeding program.
The AKC is pleased about the finalization of these regulations, which
implement an amendment to the 2008 Farm Bill (Pub. L. 110-246/ 7 U.S.C.
2148) supported and developed by the American Kennel Club and a number of
other animal welfare groups. The rule addresses public health concerns about
the large numbers of puppies that are imported with little oversight into
the United States for the purpose of resale or adoption.The AKC supported
and <http://images.akc.org/pdf/canine_legislation/support7uscss2148.pdf>
provided some remarks during the rule's public comment in September -
October 2011.
The rule is designed to assure the health and welfare of dogs that are
imported into the US from overseas. In many cases, these animals come from
unknown origins (strays or street dogs) or unregulated high volume
commercial breeders and may pose health and temperament risks to both the
human and canine populations they come into contact with. The measure is
expected to curtail the "dumping" of puppies from unknown origins or
substandard breeding facilities on US markets, where in many cases they may
be marketed as "rescues".
Strong enforcement of the Animal Welfare Act is supported by the American
Kennel Club and other animal welfare organizations who recognize that that a
large number of puppies are being bred overseas and imported into the United
States in order to bypass the welfare regulations and standards required of
U.S. breeders. In many cases, irresponsibly bred and undocumented foreign
puppies end up at shelters, rescues or other informal or unregulated retail
venues. Diseases borne by such animals can create public health risks for
both animal and human populations.
What the Rule Does:
The new regulations allow for implementation of section 18 of the Animal
Welfare Act (AWA), which "prohibits the importation of dogs into the United
States for resale purposes, unless the Secretary determines that the dogs
are in good health, have received all necessary vaccinations, and are at
least 6 months of age."
The regulations provide guidance needed by US Customs to prevent the
continued "dumping" of unregulated foreign puppies for resale onto US
markets. The underlying law (7 U.S.C. 2133) defines resale to include "any
transfer of ownership or control of an imported dog of less than 6 months to
another person, for more than de minimis consideration."
The new rule further clarifies that USDA considers de minimis to have "the
standard dictionary meaning, which, according to Merriam-Webster is,
'lacking significance or importance; so minor as to merit disregard.'" In
most cases, adoption fees would not be considered de minimis; hence there is
not a specific exemption for rescue dogs.
Similarly, the rule also clarifies that "consideration" means, "the
inducement to a contract or other legal transaction; specifically: An Act or
forbearance or the promise thereof done or given by one party in return for
the act or promise of another.'"
The rule does not consider that dogs imported for training as working or
service dogs to be imported for the purposes of resale. Therefore, the rule
will not apply to the importation of those types of dogs. APHIS recognizes
that not all dogs that are imported for training purposes ultimately achieve
their final training goals, and some may be subsequently transferred.
However, APHIS also warns that if puppies are imported for working, personal
use or other exempted categories, and " it appears that a person is
importing dogs for resale, research or veterinary treatment without meeting
the requirements of the rule, [APHIS] may initiate an investigation and take
appropriate action based on the results of that investigation."
The new regulations do not restrict individuals who wish to import dogs they
intend to keep for personal use, such as a pet or as part of a breeding
program. The U.S. Centers for Diseases Control (CDC) govern importation of
dog imported into the U.S. Although the CDC does not require general health
certificates for pet dogs, many airlines, transporters and states do will
require this information. Pets are also subject to inspection upon entry and
dogs that do not have rabies certificates may be required to complete a
period of confinement , demonstrate proof of rabies immunization, or obtain
a rabies vaccination prior to or upon arrival. For more information about
importing a pet visit the <http://www.cdc.gov/animalimportation/dogs.html>
US Centers for Disease Control website. AKC Government Relations will
continue to provide information and guidance regarding the implementation
and impacts of this new rule.
<http://www.cdc.gov/animalimportation/dogs.html>
www.cdc.gov/animalimportation/dogs.html
ownership or breeding program....
New Federal Regulations Protect Canine Health and Restrict the Age of
Puppies Imported for Resale
Monday, August 18, 2014
<http://www.akc.org/press_center/article.cfm?article_id=5637>
www.akc.org/press_center/article.cfm?article_id=5637
The United States Department of Agriculture's Animal and Plant Health
Inspection Service (USDA APHIS) today released
<http://www.gpo.gov/fdsys/pkg/FR-2014-08-18/pdf/2014-19515.pdf> new
regulations, effective November 17, that will restrict the importation of
puppies younger than 6 months of age into the continental United States for
the purpose of resale, research or veterinary treatment. The new regulations
do not restrict individuals who wish to import dogs they intend to keep for
personal use, such as a pet or as part of a breeding program.
The AKC is pleased about the finalization of these regulations, which
implement an amendment to the 2008 Farm Bill (Pub. L. 110-246/ 7 U.S.C.
2148) supported and developed by the American Kennel Club and a number of
other animal welfare groups. The rule addresses public health concerns about
the large numbers of puppies that are imported with little oversight into
the United States for the purpose of resale or adoption.The AKC supported
and <http://images.akc.org/pdf/canine_legislation/support7uscss2148.pdf>
provided some remarks during the rule's public comment in September -
October 2011.
The rule is designed to assure the health and welfare of dogs that are
imported into the US from overseas. In many cases, these animals come from
unknown origins (strays or street dogs) or unregulated high volume
commercial breeders and may pose health and temperament risks to both the
human and canine populations they come into contact with. The measure is
expected to curtail the "dumping" of puppies from unknown origins or
substandard breeding facilities on US markets, where in many cases they may
be marketed as "rescues".
Strong enforcement of the Animal Welfare Act is supported by the American
Kennel Club and other animal welfare organizations who recognize that that a
large number of puppies are being bred overseas and imported into the United
States in order to bypass the welfare regulations and standards required of
U.S. breeders. In many cases, irresponsibly bred and undocumented foreign
puppies end up at shelters, rescues or other informal or unregulated retail
venues. Diseases borne by such animals can create public health risks for
both animal and human populations.
What the Rule Does:
The new regulations allow for implementation of section 18 of the Animal
Welfare Act (AWA), which "prohibits the importation of dogs into the United
States for resale purposes, unless the Secretary determines that the dogs
are in good health, have received all necessary vaccinations, and are at
least 6 months of age."
The regulations provide guidance needed by US Customs to prevent the
continued "dumping" of unregulated foreign puppies for resale onto US
markets. The underlying law (7 U.S.C. 2133) defines resale to include "any
transfer of ownership or control of an imported dog of less than 6 months to
another person, for more than de minimis consideration."
The new rule further clarifies that USDA considers de minimis to have "the
standard dictionary meaning, which, according to Merriam-Webster is,
'lacking significance or importance; so minor as to merit disregard.'" In
most cases, adoption fees would not be considered de minimis; hence there is
not a specific exemption for rescue dogs.
Similarly, the rule also clarifies that "consideration" means, "the
inducement to a contract or other legal transaction; specifically: An Act or
forbearance or the promise thereof done or given by one party in return for
the act or promise of another.'"
The rule does not consider that dogs imported for training as working or
service dogs to be imported for the purposes of resale. Therefore, the rule
will not apply to the importation of those types of dogs. APHIS recognizes
that not all dogs that are imported for training purposes ultimately achieve
their final training goals, and some may be subsequently transferred.
However, APHIS also warns that if puppies are imported for working, personal
use or other exempted categories, and " it appears that a person is
importing dogs for resale, research or veterinary treatment without meeting
the requirements of the rule, [APHIS] may initiate an investigation and take
appropriate action based on the results of that investigation."
The new regulations do not restrict individuals who wish to import dogs they
intend to keep for personal use, such as a pet or as part of a breeding
program. The U.S. Centers for Diseases Control (CDC) govern importation of
dog imported into the U.S. Although the CDC does not require general health
certificates for pet dogs, many airlines, transporters and states do will
require this information. Pets are also subject to inspection upon entry and
dogs that do not have rabies certificates may be required to complete a
period of confinement , demonstrate proof of rabies immunization, or obtain
a rabies vaccination prior to or upon arrival. For more information about
importing a pet visit the <http://www.cdc.gov/animalimportation/dogs.html>
US Centers for Disease Control website. AKC Government Relations will
continue to provide information and guidance regarding the implementation
and impacts of this new rule.
<http://www.cdc.gov/animalimportation/dogs.html>
www.cdc.gov/animalimportation/dogs.html