APHIS Final Rule, June 2018, De Minimis Activity: Revised Licensing Exemption Comparisons, Subpart A – Licensing §2.1(3)(iii) and (vii)

Supplementing our June 15, 2018 post that detailed recent revisions to three key definitions in the Animal Welfare Regulations, this post provides a comparison of changes to two key exemptions to reflect the new agency analysis of the amendment to Animal Welfare Act in the 2014 Farm Bill. Linked here is a comparison table with two columns. On the left side is the prior version with strike-through formatting of deleted language; on the right side is the revised version with underscored new language.

De minimis Exemption Revisions Language Comparisons  (PDF)

NEW 7/21/18      De Minimis Activity Revised Definition Comparisons   (PDF)

While the specific terms, “dogs” and “cats” in exemption (iii) and “dog or cat fanciers” in (vii) have been removed, licensing considerations remain the same as in effect since late 2013 for dog and cat breeders but are only covered under exemption (iii) as now called “hobby dealers” by APHIS while exemption (vii) describes “hobby exhibitors.” For more information on APHIS’s new terminology, see their new publication, “Licensing and Registration Under the Animal Welfare Act Guidelines for Dealers, Exhibitors, Transporters, and Researchers” (URL modified by APHIS, 8/10/18) published on May 25, 2018 in anticipation of publication of the new Final Rule.

Remember that “retail pet stores” are expressly excluded from licensing under the statute, AWA, and are defined in the definitions in Part 1 of the Animal Welfare Regulations and not in the exemptions but simply stated in § 2.1(a)(3) “(i) Retail pet stores as defined in part 1 of this subchapter;” with the details incorporated by reference so that the current exemption authorized by the retail pet store exclusion covers the exclusive face-to-face sales issue, so that dog or cat breeders who do not qualify for the hobby dealer (iii) exemption may still qualify for exemption from dealer licensing by restricting all sales to face-to-face under exemption (i.)

 

 

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