[Nancy1999]

Continued from above:

Q. What will this mean for dealers of domestic
farm animals and coldblooded species?
A. This proposal will have no substantive effect on
APHIS’ regulation of domestic farm animals and
coldblooded species. Normal farm-type operations
that raise, or buy and sell, animals only for food and
fiber, and businesses that use only fish and other
coldblooded animals are excluded from the definition
of “animal” in the AWA and, therefore, are categorically
exempt by law from coverage.
Q. What will this mean for dealers of rabbits who
sell their animals for use as food or fiber?
A. This proposed rule would not change APHIS’
regulation of dealers who sell rabbits or other animals
for use as food or fiber. As mentioned above, anyone
selling any animals only for food or fiber are exempt
under the AWA.
Q. If this proposal is adopted, would breeders who
come under regulation and allow their dogs to
roam free in their homes have to put their animals
in a kennel?
A. No. The AWA regulations define a primary
enclosure broadly to mean any structure or device
used to restrict an animal or animals to a limited
amount of space. As such, a home can be considered
a dog’s primary enclosure. If a room of a house is used
as a dog’s primary enclosure (e.g., a whelping room or
nursery), APHIS will apply the applicable regulations
and standards to the room.
If, however, a dog breeder allows their dogs to have
free run of the entire house, APHIS will assess whether
the home can house animals within the health and
humane standards contemplated by the AWA. If the
breeder has a kennel or cages that the dogs can stay
in inside the home that meet AWA standards, we would
consider that compliance with the primary enclosure
requirements has been achieved.
Q. What is the Animal Welfare Act (AWA)?
A. The AWA sets standards for humane care and
treatment that must be provided for certain animals
that are bred for commercial sale; exhibited to the
public; used in biomedical research; or transported
commercially. The AWA does not apply to cold-blooded
animals or agricultural animals used for food or fiber.
Individuals and entities licensed under the AWA must
provide their animals with adequate housing, sanitation,
nutrition, water and veterinary care. They must
also protect the animals from extreme weather and
temperatures.
Q. What does a proposed rule mean?
A. APHIS has issued this proposed rule as part of its
rulemaking process. It is just a proposal, issued for
public review and comment. It has no immediate effect
on potentially regulated facilities.
Q. What is the next step in the rulemaking process?
A. The original 60-day comment period for the proposed
rule was extended for an additional 30 days and will
close on August 15, 2012. Once the comment period
closes, APHIS will consider all comments received and,
if warranted, will revise the rule in response to those
comments.
Q. How can I comment on this proposal?
A. To comment on this proposal, you can submit your
comments one of two ways:
• Visit the Federal eRulemaking Portal at
Regulations.gov
APHIS-2011-0003
• Mail your comments to: Docket No. APHIS-2011-
0003, Regulatory Analysis and Development PPD
APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD, 20737-1238.

This will not affect a breeder who sells their dog from their home, only those who sell their dogs sight unseen over the internet.