57227 Rules and Regulations Federal Register Vol. 78, No. 181 Wednesday, September 18, 2013 This section of the FEDERAL REGISTER and be exempt from the licensing and requirements and sets forth institutional contains regulatory documents having general inspection requirements if he or she responsibilities for regulated parties; applicability and legal effect, most of which sells only the offspring of those animals and part 3 contains specifications for are keyed to and codified in the Code of born and raised on his or her premises, the humane handling, care, treatment, Federal Regulations, which is published under for pets or exhibition. This exemption and transportation of animals covered 50 titles pursuant to 44 U.S.C. 1510. applies regardless of whether those by the AWA. The Code of Federal Regulations is sold by animals are sold at retail or wholesale. Part 2 requires most dealers to be the Superintendent of Documents. Prices of These actions are necessary so that all licensed by APHIS; classes of new books are listed in the first FEDERAL animals sold at retail for use as pets are individuals who are exempt from such REGISTER issue of each week. monitored for their health and humane licensing are listed in paragraph (a)(3) of treatment. § 2.1. DATES: Effective Date: November 18, Since the AWA regulations were DEPARTMENT OF AGRICULTURE 2013. issued, most retailers of pet animals have been exempt from licensing by FOR FURTHER INFORMATION CONTACT: Animal and Plant Health Inspection Dr. virtue of our considering them to be Service Gerald Rushin, Veterinary Medical ‘‘retail pet stores’’ as defined in § 1.1 of Officer, Animal Care, APHIS, 4700 River the AWA regulations. 9 CFR Parts 1 and 2 Road Unit 84, Riverdale, MD 20737– Because the previous definition of 1236; (301) 851–3751. [Docket No. APHIS–2011–0003] retail pet store in the AWA regulations SUPPLEMENTARY INFORMATION: covered nearly all retail outlets, retailers RIN 0579–AD57 I. Purpose of the Regulatory Action selling animals by any means, including sight unseen sales conducted over the Animal Welfare; Retail Pet Stores and Need for the Regulatory Action Internet or by mail, telephone, or any Licensing Exemptions The Animal Welfare Act (AWA or the other method where customers do not AGENCY: Animal and Plant Health Act, 7 U.S.C. 2131 et seq.), seeks to personally observe the animals available Inspection Service, USDA. ensure the humane handling, care, for sale prior to purchasing and/or ACTION: Final rule. treatment, and transportation of certain taking custody of them, were considered animals that are sold at wholesale and to be retail pet stores and as such had SUMMARY: We are revising the definition retail for use in research facilities, for been exempt from licensing and of retail pet store and related regulations exhibition purposes, or for use as pets inspection under § 2.1(a)(3)(i) and in order to ensure that the definition of by means of Federal licensing and § 2.1(a)(3)(vii).1 retail pet store in the regulations is inspection. When Congress passed the With the growth of the Internet in the consistent with the Animal Welfare Act AWA in 1966, it specifically exempted 1990s, technology brought with it new (AWA), thereby bringing more pet retail pet stores from such licensing and and unforeseen opportunities to buy animals sold at retail under the inspection. At that time, retailers of pets and sell pets. More retailers began protection of the AWA. Specifically, we covered under the exemption consisted offering pets for sale sight unseen and are narrowing the definition of retail pet mostly of traditional ‘‘brick-and-mortar’’ to sell and ship them nationwide. While store to mean a place of business or pet stores, as well as small-scale pet animals were sometimes sold sight residence at which the seller, buyer, and breeders whose place of business was unseen via telephone and mail order the animal available for sale are typically their residence. Both types of decades before passage of the AWA, the physically present so that every buyer retail outlets were exempted by the Internet has made it possible for many may personally observe the animal prior AWA as ‘‘retail pet stores’’ because, more persons throughout the United to purchasing and/or taking custody of despite the many dissimilarities in how States to buy pets online from retailers that animal after purchase, and where pet shops and small-scale residential without ever having to be physically only certain animals are sold or offered breeders conduct business, they share in present at the seller’s place of business for sale, at retail, for use as pets. Retail common a business model in which or residence and personally observe the pet stores are not required to be licensed buyers visit their places of business and animals offered for sale as the AWA and inspected under the AWA. In personally observe the animals available intended. With the dramatic rise in sight addition, we are removing the limitation for sale prior to purchasing and/or unseen sales have come increasing on the source of gross income from the taking custody of them. complaints from the public about the licensing exemption in the regulations Enforcement of the Act has been lack of monitoring and oversight of the for any person who does not sell or delegated by the Secretary of health and humane treatment of those negotiate the sale of any wild or exotic Agriculture to the Animal and Plant animals. animal, dog, or cat and who derives no Health Inspection Service (APHIS) of In order to ensure that the definition more than $500 gross income from the the United States Department of of retail pet store in the AWA sale of the animals other than wild or Agriculture (USDA). APHIS has issued regulations is consistent with the AWA exotic animals, dogs, or cats during any regulations pursuant to the Act; these and that all animals sold at retail for use calendar year. We are also increasing regulations, which we refer to below as from three to four the number of the AWA regulations, are found in 9 1 Both the retail pet store exemption in § 2.1(a)(3)(i) and the direct retail sales exemption in breeding female dogs, cats, and/or small CFR parts 1, 2, and 3. Part 1 contains § 2.1(a)(3)(vii) derive their authority from the AWA exotic or wild mammals that a person definitions for terms used in parts 2 and exemption for retail pet stores. We discuss this at may maintain on his or her premises 3; part 2 provides administrative greater length later in this document. VerDate Mar<15>2010 15:23 Sep 17, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 pmangrum on DSK3VPTVN1PROD with RULES 57228 Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations as pets are monitored for their health purebred dog or cat fanciers, who carrying a zoonotic disease is reduced and humane treatment, we published in maintains a total of four or fewer with adequate veterinary care, including the Federal Register (77 FR 28799– breeding female dogs, cats, and/or small vaccinations. To the extent that 28805, Docket No. APHIS–2011–0003), exotic or wild mammals, and who sells, improved oversight reduces the on May 16, 2012, a proposal 2 to revise at retail, only the offspring of these likelihood of pet-to-human transmission the definition of retail pet store and dogs, cats, and/or small exotic or wild of zoonotic diseases such as rabies, the related regulations to bring more pet mammals, which were born and raised public as a whole will benefit from the animals sold at retail under the on his or her premises, for pets or rule. The rule will also address the protection of the AWA. This rule exhibition, and is not otherwise competitive disadvantage of retail finalizes that proposed rule while also required to obtain a license, is also breeders who incur certain costs by making changes to its provisions based considered a retail pet store for adhering to AWA standards while retail on the comments we received (see the regulatory purposes. breeders who do not operate their section below titled ‘‘Summary of the • Explaining in detail the effects of facilities according to AWA standards Major Provisions of the Regulatory the proposed provisions on cat and may bear lower costs. Action’’). rabbit breeders. There is a great deal of uncertainty surrounding the number of facilities that III. Costs and Benefits Legal Authority for the Regulatory will be affected by this rule, as we Action The benefits of this rule justify its acknowledged in the proposed rule, and Under the AWA, the Secretary of costs. More pet animals sold at retail as evidenced in the public comments. Agriculture is authorized to promulgate will be brought under the protection of There are hundreds of distinct dog standards and other requirements the AWA and monitored for their health breeds, and correspondingly large governing the humane handling, care, and humane treatment. Improved numbers of dog breeders in the United treatment, and transportation of certain animal welfare will benefit buyers of States. Breeders with an online presence animals by dealers, research facilities, pets and the general public in various are those most likely to be selling the exhibitors, operators of auction sales, ways. Monitoring the health and offspring sight unseen and thus are and carriers and intermediate handlers. humane treatment of pet animals should more likely to be affected by this rule. As we mentioned previously in this reduce the number of pets receiving We estimate that there could be between document, the Secretary has delegated inadequate care and reduces the 8,400 and 15,000 such breeders in the responsibility for administering the possibility of sick or injured pet animals United States.