Since the previous definition of pet store in the AWA regulations covered almost all retail stores, retailers sell animals in one way or another, including invisible sales over the Internet or by mail, telephone or any other method where customers do not personally observe the animals for sale prior to purchase and/or keeping, were considered retail pet stores and, as such, were subject to § 2.1 (a) (3) (i) and § 2.1 (a) (3) (vii) by the Licence and Inspection Exemption. [1] Other statutes applicable to pet stores address consumer protection issues. Because dogs and cats are considered products by some in the pet industry, some pet stores treat animals as merchandise that can be easily returned for refund or exchange. The Minnesota Department of Revenue also defines dogs and cats as products and sales tax must be collected and remitted for each retail animal. The only recourse to animal welfare in states that do not regulate animal welfare in pet stores would be state cruelty laws, which vary from state to state. For example, Alabama does not regulate pet stores. However, if an employee of an Alabama pet store cruelly treats an animal and is convicted under the cruelty law, they will be charged with a Class B offense. Pet stores must be licensed under Commonwealth law. To obtain a license in good condition, pet stores must work with their veterinary staff to ensure compliance with all local, state, and federal requirements, as well as compliance with generally accepted and current standards of veterinary practice. The Department will not release pet stores from these commercial and medical practices that are necessary solely for economic reasons. If it is determined that the health, safety or welfare of animals or the public is at risk, animal handlers may be subject to appropriate disciplinary action, which may include administrative sanctions, suspension or revocation of the licence. The enforcement of the prohibition on possession of the red-eared pusher will be implemented in two stages.
No new red-eared sliders can be imported into Massachusetts, but the sale of sliders already available in pet stores is prohibited up to 1. April 2014. Pet store regulations in Arkansas are limited to retail pet stores that sell dogs and/or cats to the public. The “Arkansas Retail Pet Store Consumer Protection Act of 1991” requires certain warranties from retail pet stores for citizens who purchase dogs and cats. Kennels and kennels are exempt from this law, as are animal shelters and registered humane societies. Link to USDA Pet Store Warning: USDA Warning One commenter noted a discrepancy between the list of animals that fall under the definition of pets and the animals listed in the definition of merchant in § 1.1. The commentator explained that this discrepancy would likely lead to some confusion among farmers as to whether they were covered by the regulation as traders. To clarify the definition of pet, the commenter suggested changing the definition to read as follows: “Animal” refers to any animal commonly kept as a pet in family households in the United States, such as dogs, cats, guinea pigs, rabbits, and hamsters. This term excludes: (1) all wildlife, exotic or other non-domestic species of warm-blooded animals (other than birds), such as skunks, raccoons, non-human primates, ocelots, foxes, coyotes, etc.; and (2) animals sold in retail stores for any of the following purposes: hunting, safety, breeding, food or fibre (including fur). A number of commentators raised questions about the reference to Article 2.1(a)(3)(iii) that we had proposed to add to the definition of pet stores. Many of these commentators did not know why people who met these criteria were considered pet stores. Some of these commenters questioned whether classification as a pet store based on these criteria allows a person to claim the exemption under section 2.1(a)(3)(i).
One commenter who met the criteria set out in Article 2.1(a)(3)(iii) asked why he needed two separate licence exemptions. The main objective of the proposed regime was to revise the definition of pet facilities to bring it into line with the AWA. We assert that the AWA exempted pet dealers from licensing because the seller, buyer and animal are physically present at the same location, so the buyer can personally observe the animal for sale before purchasing and/or caring for that animal and thus supervise it for humane care and treatment. This physical presence and personal observation does not occur when retailers sell and ship invisible pets. • Some laws do not reimburse the full cost of veterinary care to treat the newly purchased animal, which can add up to thousands of dollars in veterinary fees for the consumer. So, instead of suing a lemon law, some consumers use general consumer protection laws and arbitration tribunals. Animal-related businesses such as pet supply stores, groomers, and veterinary practices that do not currently hold a pet store license because they do not sell animals must obtain a license to operate a pet store if they want to work with registered animal shelters or emergency services and offer animals from their premises. We also proposed removing the restriction on the source of gross income set out in § 2.1 (a) (3) (ii) of the regulation, which states that “any person who sells or trades in the sale or purchase of animals other than wild or exotic animals, dogs or cats and does not derive more than $500 of gross income from the sale of animals other than wild or exotic animals, exempt from licensing.
transfer dogs or cats to a research institution, exhibitor, dealer or pet store in any calendar year and are not otherwise required to obtain a licence. We have proposed to lift the restriction on the source of sale so that these individuals can also sell their animals in retail stores if they wish and remain exempt below the $500 limit. According to the regulations, we currently cover rats other than those of the genus Rattus, which have been bred for research. Therefore, individuals who sell affected rats should be licensed, unless they are otherwise exempt. Some commentators have asked APHIS to create an exemption in the regulations for birds of prey. One commenter requested that we include specific exemptions from licences and all other regulations under the ETA for falconers, raptor propagators, those who educate the public about birds of prey and bird of prey licences. The commenter explained that these individuals are already subject to other strict federal regulations designed to ensure the welfare of these birds of prey, including licensing, facility inspections, reporting requirements and permit fees. Another commenter stated that birds of prey are not pets and therefore do not fall within the scope of AWA; Therefore, their owners do not need to be licensed. Some commentators have explained that instead of requiring the purchaser to enter the premises to observe the animal prior to purchase and/or keeping, we should require that all animals sold in a place of business or residence be accompanied by a veterinary inspection certificate attesting to their health and freedom from genetic disorders in order for that place of business or residence to meet the definition of a pet store. Other commentators also pointed out that the required health certificate currently issued by a veterinarian for animals shipped should be sufficient evidence that the animal is healthy and therefore it is not necessary to observe the animal before purchasing it. Similarly, another commenter asked that if a dog is shipped overseas, the requirements for shipping the dog (airline health certificate, USDA-verified certificate, shooting records) could be used instead of a personal transaction.
As mentioned earlier, for the purposes of our definition of pet stores, we consider the purchaser to be the person who takes care of the animal after purchase. This person may be different from the ultimate owner of the animal, but may not act as a carrier or intermediary. We are revising the definition of pet store and associated regulations to ensure that the definition of pet store in the regulation complies with the Animal Welfare Act (AWA), placing more retail pets under AWA protection. In particular, we limit the definition of pet store to a place of business or residence where the seller, buyer and animal for sale are physically present, so that each buyer can personally observe the animal before purchase and/or care for that animal after purchase, and where only certain animals are sold or offered for sale. in retail, for use as pets. Retail pet stores do not need to be licensed and inspected under the Act. In addition, we are removing the gross revenue source restriction of the licence exemption in the regulations for persons who do not sell or negotiate the sale of wild or exotic animals, dogs or cats and who do not earn more than $500 in gross income from the sale of animals other than wild or exotic animals. Dogs or cats in a calendar year.