WAKE UP CALL....Federal regulation

[new2rotts2001]

Then the answer is to stop "belly-aching" about government infringement and to promote self-regulation and community education. Were I a breeder of Rottweilers and I could go to any rescue website across the country to see the dozens of wonderful animals available (not to mention those too damaged to be rescued), I'd have a lot of trouble living with myself. Is it not surprising that this breed, which we all agree requires special commitment and dedication from its human family, is the second most "popular" breed in the United States? What is wrong with this picture?

[godfreyc]

:( :( :( :( :( :(

All I can say is it is sooooooo sad that the majority of America either doesn't want to admit that the government is taking away their right to be an American, or are so holyier that thow that they think this crap somehow doesn't apply to them. Where is everyone why aren't we as a nation voting ?

[ August 07, 2001: Message edited by: Phoenix ]

[Sheenagirl]

I absolutely agreed with German, Jeff and GodfreyC. I do not want or like the government getting involved in every aspect of my life. I am a NRA member and I think the dog breeding regulation is another way to control us - little by little. Don't hide your head in the sand - it will be too late! The Government is too involved with our lives.

[Jeff Stanley]

What I can’t understand is the way so many people go through life like good little sheep. It really does astound me.

I get this image of people waiting in lines while loudspeakers play in the background, “Trust your government, we are here to protect you. This is for your own safety.”

This isn’t just about this one issue. It is about all the little issue’s that are starting to add up into our loss of freedom.

This country did pretty good the first 150 years. You know back in the days when kids could pray in school, when insurance companies weren’t writing the laws, when you could jump in the car and go to the store without having to strap yourself in like you’re taking a trip to the moon, when you could kid around with people of the opposite sex at work, when parents could give their kids a smack on the bottom without being accused of child abuse, when you could go fishing for free, when owning a gun meant nothing more than you liked hunting, not that you must be (according to some people) some kind of “Freedom nut”.

I am just a person with my eyes wide open to what’s going on around me. The people that founded this country ended up fighting a war because they didn’t like another government telling them what to do, what to think, and how to live. The only difference between now and then is that now it’s our “own” government telling us these things.

[Michele Baxter]

Originally posted by new2rotts2001:
<STRONG>Then the answer is to stop "belly-aching" about government infringement and to promote self-regulation and community education. Were I a breeder of Rottweilers and I could go to any rescue website across the country to see the dozens of wonderful animals available (not to mention those too damaged to be rescued), I'd have a lot of trouble living with myself. Is it not surprising that this breed, which we all agree requires special commitment and dedication from its human family, is the second most "popular" breed in the United States? What is wrong with this picture?</STRONG>

Just what exactly do you mean by "I'd have trouble living with myself?" I'm a breeder and I have NO trouble living with myself. NONE of those dogs in rescue are a product of my breeding. Yes, I feel a great sorrow that there are people who care nothing for the hundreds of dogs that they turn out into the world with no care for their future and well-being. BUT, and a big BUT--I didn't contribute to that problem. I'm trying to do what right by this breed. I AM self-regulating and I DO contribute by community education--but most times it feels as if I'm "spinning my wheels". So let me run a scenario by you then, let's say all the responsible, caring, ethical breeders stopped breeding today---do you think the numbers of dogs in rescue would dramatically decrease? Absolutely not. The BYB and puppy mills would still proliferate. And believe it or not, this scenario isn't too far off base--our numbers in conformation, and performance events are down all across the country. Our registrations with the AKC are down considerably. Is is because puppy mills have stopped producing??? I think not. We as responsible breeders can't find suitable homes for those not kept in our own breeding program. We can't find insurance to cover our homes because we own a certain breed of dog. We can't live in certain cities in the US because of the breed of dog we own.
Wake up! The government is slowly destroying our freedoms!
German, Jeff, winniecnm---I concur wholeheartedly.

[Sheenagirl]

Exactly - well put Jeff! ;)

[Phoenix]

Please keep your posts on track (discussing this issue as it pertains to dog breeding) and keep them clean.

[nick teifke]

Originally posted by Mattweiser:
<STRONG>
I would venture to say, without having read the full legislation... that the income from these breeding permits will go to the various shelters in the communities...</STRONG>

Sure it will, sure it will. Just like all that money the states got from the tobacco companies went right into anti-smoking programs. I know ours here in Wisconsin went to cover a $700,000,000 budget shortfall, and they still raised taxes!!! Sure they want you to quit smoking, thats why they base huge social programs on cigarette taxes. If we all quit smoking, guess what, no more money for those programs.
Dont think for one second that the money for these garbage regulations will go back into the animal community. And even if it did, guess what is the first program to get cut when the budget shortfalls come again? And once they charge a little, you think those license fees are going to stay a little? C'mon... You are smarter than that...

[kf7cg]

This is not new legislation. It is just the application of commercial large scale breeder regulations to all breeder, either wholesale or retail. :( If the rules had been formulated for less than commercial operations they might be enforcable. It has been a while since I sat down and read the regulations, but they require things that even the most dedicated small breeder will not have. Such as a separate fenced run for each dog present. Many of the items specified do not apply to dogs that are raised and kept as house pets as well as show and breeding stock.

This is not a new problem, it has been an ongoing battle waged by the AKC and DDAL (Doris Day Animal League)for some time. I do not think that I can find my old responses from DDAL, but they imply that anything less than a fully inspected commercial venture has no business raising or selling dogs. They equate all small breeders with puppy mills.

The main problem is that strict application of the USDA rules and the payment of an annual licensing fee large enough to cover the cost of at least annual Federal inspection of your establishment could be prohibitively expensive, that is more than $250 a year. Further these rules would give the government, unannounced access to your home at any time day or night if your "breeding kennel" were not a separate facility.

I don't know for sure but I believe that Rotties would have as bad a time separated from their people as my shepherds.

The main problem with the forced enforcement is that it makes the small perfectionist breeders quit from lack of money and only leaves large operations. I think that this is exactly opposite of what we and the DDAL want.

[ August 10, 2001: Message edited by: Phoenix ]

[kf7cg]

Thanks Nick! I thought that was the case but didn't want to mess up my message by accusations I hadn't researched.

Their attack on the USDA on this front is over four years old. They just don't quit!

[JaynethePayne]

I hate the fact that government tries to regulate me but when it comes to the welfare of Rotties (and all animals)- something must be done. Spend sometime looking in the shelters, Rotties abound. Some have been abused, used for fighting, drug barter, or generally treated badly. They don't deserve that at all but at present there are no laws or regulations that truely look out for THEIR wellbeing. Check out the Story of "Rick" the Burned Rottie on the Stray Rescue of St. Louis. Someone had left a 30-lb chain and padlock around their Rott's neck until at last it was embedded into his flesh. They found this poor guy on a street corner barely alive with acid burns over a large portion of his left side and face. There must be some kind of regulation in place to keep backyard breeders to a minimum and owners from doing these kinds of things. Anyone who could be that cruel to an animal should die of the same fate.

[Jeff Stanley]

There are laws now, that if enforced by the police and the State's Attorney's, would curb a lot of abuse.

In most states, there are animal cruelty laws on the books. Usually, there must be a witness who is willing to swear out a warrant and testify in court. People who see a person commit one of the following offenses needs to step forward and get involved.


1. Tortures, maims or grossly overworks an animal.

2. Fails to provide necessary food, water, care, or shelter for an animal.

3. Abandons an animal.

4. Transports or confines an animal in a cruel manner.

5. Inflicts burns, cuts, lacerations, or otherwise causes injuries by any method.

Each state is different in the laws that they have. But even if you can't get the person arrested, you can let him know that people are watching him.

THIS IS extremely long, and I'm sorry.

But there is just so much ignorance on this topic that I felt the need to post it.


This is the so-called terrible regulation that is taking away all of our wonderful freedom to breed dogs however we feel like it. SCARY!!!
i feel my freedoms being slowly stripped away as I slink away in my sheeplike manner.

reality..what a concept.


3.1 Housing facilities, general

a.Structure; construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely, and restrict other animals from entering.

b.Condition and site. Housing facilities and areas used for storing animal food or bedding must be free of any accumulation of trash, waste material junk, weeds, and other discarded materials. Animal areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for
proper husbandry practices and research needs. Housing facilities other than those maintained by research facilities and Federal research facilities must be physically separated from any other business. If a housing facility is located on the same premises as another business, it must be physically separated from the other business so that animals the size of dogs, skunks, and raccoons are prevented from entering it.

c.Surfaces

1.General requirements. The surfaces of housing facilities- including houses, dens, and other furniture- type fixtures and objects within the facility- must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs or cats must:

i.Be free of excessive rust that prevents the required cleaning and sanitization, or that affects the structural strength of the surface; and

ii.Be free of jagged edges or sharp points that might injure the animals.

2.Maintenance and replacement of surfaces. All surfaces must be maintained on a regular basis. Surfaces of housing facilities- including
houses, dens, and other furniture- type fixtures and objects within the facility- that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.

3.Cleaning. Hard surfaces with which the dogs or cats come in contact must be spot- cleaned daily and sanitized in accordance with 3.11( b) of
this subpart to prevent accumulation of excreta and reduce disease hazards. Floors made of dirt, absorbent bedding, sand, gravel, grass, or
other similar material must be raked or spot- cleaned with sufficient frequency to ensure all animals the freedom to avoid contact with excreta.
Contaminated material must be replaced whenever this raking and spot- cleaning is not sufficient to prevent or eliminate odors, insects, pests,
or vermin infestation. All other surfaces of housing facilities must be cleaned and sanitized when necessary to satisfy generally accepted
husbandry standards and practices. Sanitization may be done using any of the methods provided in 3.11( b)( 3) for primary enclosures.

d.Water and electric power. The housing facility must have reliable electric power adequate for heating, cooling, ventilation, and lighting, and for carrying
out other husbandry requirements in accordance with the regulations in this subpart. The housing facility must provide adequate running potable water
for the dogs' and cats' drinking needs, for cleaning, and for carrying out other husbandry requirements.

e.Storage. Supplies of food and bedding must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. The
supplies must be stored off the floor and away from the walls, to allow cleaning underneath and around the supplies. Foods requiring refrigeration
must be stored accordingly, and all food must be stored in a manner that prevents contamination and deterioration of its nutritive value. All open
supplies of food and bedding must be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage. Only food and
bedding that is currently being used may be kept in the animal areas. Substances that are toxic to the dogs or cats but are required for normal
husbandry practices must not be stored in food storage and preparation areas, but may be stored in cabinets in the animal areas.

f.Drainage and waste disposal. Housing facility operators must provide for regular and frequent collection, removal, and disposal of animal and food
wastes, bedding, debris, garbage, water, other fluids and wastes, and dead animals, in a manner that minimizes contamination and disease risks.
Housing facilities must be equipped with disposal facilities and drainage systems that are constructed and operated so that animal waste and water are
rapidly eliminated and animals stay dry. Disposal and drainage systems must minimize vermin and pest infestation, insects, odors, and disease hazards.
All drains must be properly constructed, installed, and maintained. If closed drainage systems are used, they must be equipped with traps and prevent
the backflow of gases and the backup of sewage onto the floor. If the facility uses sump or settlement ponds, or other similar systems for drainage and
animal waste disposal, the system must be located far enough away from the animal area of the housing facility to prevent odors, diseases, pests, and
vermin infestation. Standing puddles of water in animal enclosures must be drained or mopped up so that the animals stay dry. Trash containers in
housing facilities and in food storage and food preparation areas must be leakproof and must have tightly fitted lids on them at all times. Dead animals,
animal parts, and animal waste must not be kept in food storage or food preparation areas, food freezers, food refrigerators, or animal areas.

g.Washrooms and sinks. Washing facilities such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily
accessible.

3.2 Indoor housing facilities

a.Heating, cooling, and temperature. Indoor housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the
dogs and cats from temperature extremes and to provide for their health and well- being. When dogs or cats are present, the ambient temperature in the
facility must not fall below 50 F (10 C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures
without stress or discomfort (such as short- haired breeds), and for sick, aged, young, or infirm dogs and cats, except as approved by the attending
veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50 F (10 C).
The ambient temperature must not fall below 45 F (7.2 C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85
F (29.5 C) for more than 4 consecutive hours when dogs or cats are present.

b.Ventilation. Indoor housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide for their
health and well- being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, vents,
fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is 85 F (29.5
C) or higher. The relative humidity must be maintained at a level that ensures the health and well- being of the dogs or cats housed therein, in
accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.

c.Lighting. Indoor housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and
observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be
uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate
cleaning, adequate inspection of animals, and for the well- being of the animals. Primary enclosures must be placed so as to protect the dogs and cats
from excessive light.

d.Interior surfaces. The floors and walls of indoor housing facilities, and any other surfaces in contact with the animals, must be impervious to moisture.
The ceilings of indoor housing facilities must be impervious to moisture or be replaceable (e. g., a suspended ceiling with replaceable panels).

3.3 Sheltered housing facilities

a.Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for dogs and cats must be sufficiently heated and cooled when
necessary to protect the dogs and cats from temperature extremes and to provide for their health and well- being. The ambient temperature in the
sheltered part of the facility must not fall below 50 F (10 C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot
tolerate lower temperatures without stress and discomfort (such as short- haired breeds), and for sick, aged, young, or infirm dogs or cats, except as
approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when
temperatures are below 50 F (10 C). The ambient temperature must not fall below 45 F (7.2 C) for more than 4 consecutive hours when dogs or cats
are present, and must not rise above 85 F (29.5 C) for more than 4 consecutive hours when dogs or cats are present.

b.Ventilation. The enclosed or sheltered part of sheltered housing facilities for dogs and cats must be sufficiently ventilated when dogs or cats are
present to provide for their health and well- being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be
provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air- conditioning, must be provided when
the ambient temperature is 85 F (29.5 C) or higher.

c.Lighting. Sheltered housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and
observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be
uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate
cleaning, adequate inspection of animals, and for the well- being of the animals. Primary enclosures must be placed so as to protect the dogs and cats
from excessive light.

d.Shelter from the elements. Dogs and cats must be provided with adequate shelter from the elements at all times to protect their health and well- being.
The shelter structures must be large enough to allow each animal to sit, stand, and lie in a normal manner and to turn about freely.

e.Surfaces.
(1)
The following areas in sheltered housing facilities must be impervious to moisture:

(i)
Indoor floor areas in contact with the animals;
(ii)
Outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun, or are made of a hard material such as wire,
wood, metal, or concrete; and
(iii)
All walls, boxes, houses, dens, and other surfaces in contact with the animals.

(2)
Outside floor areas in contact with the animals and exposed to the direct sun may consist of compacted earth, absorbent bedding, sand, gravel, or grass.


3.4 Outdoor housing facilities

a.Restrictions.
(1)
The following categories of dogs or cats must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian:

(i)
Dogs or cats that are not acclimated to the temperatures prevalent in the area or region where they are maintained;
(ii)
Breeds of dogs or cats that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short- haired breeds in cold
climates); and
(iii)
Sick, infirm, aged or young dogs or cats. (2) When their acclimation status is unknown, dogs and cats must not be kept in outdoor facilities when the
ambient temperature is less than 50 F (10 C).


b.Shelter from the elements. Outdoor facilities for dogs or cats must include one or more shelter structures that are accessible to each animal in each
outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely.
In addition to the shelter structures, one or more separate outside areas of shade must be provided, large enough to contain all the animals at one time
and protect them from the direct rays of the sun. Shelters in outdoor facilities for dogs or cats must contain a roof, four sides, and a floor, and must:
(1)
Provide the dogs and cats with adequate protection and shelter from the cold and heat;
(2)
Provide the dogs and cats with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;
(3)
Be provided with a wind break and rain break at the entrance; and
(4)
Contain clean, dry, bedding material if the ambient temperature is below 50 F (10 C). Additional clean, dry bedding is required when the temperature is
35 F (1.7 C) or lower.


c.Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators
or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may be of compacted earth, absorbent bedding,
sand, gravel, or grass, and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a
regular basis. Surfaces of outdoor housing facilities- including houses, dens, etc.-- that cannot be readily cleaned and sanitized, must be replaced when
worn or soiled.

3.5 Mobile or traveling housing facilities

a.Heating, cooling, and temperature. Mobile or traveling housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to
protect the dogs and cats from temperature extremes and to provide for their health and well- being. The ambient temperature in the mobile or traveling
housing facility must not fall below 50 F (10 C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower
temperatures without stress or discomfort (such as short- haired breeds), and for sick, aged, young, or infirm dogs and cats. Dry bedding, solid resting
boards, or other methods of conserving body heat must be provided when temperatures are below 50 F (10 C). The ambient temperature must not fall
below 45 F (7.2 C) for more than 4 consecutive hours when dogs or cats are present, and must not exceed 85 F (29.5 C) for more than 4 consecutive
hours when dogs or cats are present.

b.Ventilation. Mobile or traveling housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide
for the health and well- being of the animals, and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. Ventilation
must be provided by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be
provided when the ambient temperature within the animal housing area is 85 F (29.5 C) or higher.

c.Lighting. Mobile or traveling housing facilities for dogs and cats must be lighted well enough to permit proper cleaning and inspection of the facility,
and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must
be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate
cleaning, adequate inspection of animals, and for the well- being of the animals.

3.6 Primary enclosures

Primary enclosures for dogs and cats must meet the following minimum requirements:

a.General requirements.
(1)
Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosures must be kept in
good repair.
(2)
Primary enclosures must be constructed and maintained so that they:

(i)
Have no sharp points or edges that could injure the dogs and cats;
(ii)
Protect the dogs and cats from injury;
(iii)
Contain the dogs and cats securely;
(iv)
Keep other animals from entering the enclosure;
(v)
Enable the dogs and cats to remain dry and clean;
(vi)
Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs and cats;
(vii)
Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;
(viii)
Provide all the dogs and cats with easy and convenient access to clean food and water;
(ix)
Enable all surfaces in contact with the dogs and cats to be readily cleaned and sanitized in accordance with 3.11( b) of this subpart, or be replaceable
when worn or soiled;
(x)
Have floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury, and that, if of mesh or slatted construction, do
not allow the dogs' and cats' feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of wire, a solid resting
surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the primary enclosure at the same time comfortably must be
provided; and
(xi)
Provide sufficient space to allow each dog and cat to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal
manner.


b.Additional requirements for cats.
(1)
Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space as follows:

(i)
Prior to February 15, 1994, each cat housed in any primary enclosure shall be provided a minimum of 2 1/ 2 square feet of floor space;
(ii)
On and after February 15, 1994: (A) Each primary enclosure housing cats must be at least 24 inches high (60.96 cm);

(A)
Cats up to and including 8.8 lbs (4 kg) must be provided with at least 3.0 ft- (0.28 m-);
(B)
Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft- (0.37 m-);

(iii)
Each queen with nursing kittens must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in
accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing kitten is equivalent to less than 5
percent of the minimum requirement for the queen, such housing must be approved by the attending veterinarian in the case of a research facility, and, in
the case of dealers and exhibitors, such housing must be approved by the Administrator; and
(iv)
The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if
properly cleaned and sanitized.

(2)
Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult nonconditioned
cats may be housed in the same primary enclosure. Queens in heat may not be housed in the same primary enclosure with sexually mature males, except
for breeding. Except when maintained in breeding colonies, queens with litters may not be housed in the same primary enclosure with other adult cats,
and kittens under 4 months of age may not be housed in the same primary enclosure with adult cats, other than the dam or foster dam. Cats with a
vicious or aggressive disposition must be housed separately.
(3)
Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.
(4)
Resting surfaces. Each primary enclosure housing cats must contain a resting surface or surfaces that, in the aggregate, are large enough to hold all the
occupants of the primary enclosure at the same time comfortably. The resting surfaces must be elevated, impervious to moisture, and be able to be easily
cleaned and sanitized, or easily replaced when soiled or worn. Low resting surfaces that do not allow the space under them to be comfortably occupied
by the animal will be counted as part of the floor space.
(5)
Cats in mobile or traveling shows or acts. Cats that are part of a mobile or traveling show or act may be kept, while the show or act is traveling from one
temporary location to another, in transport containers that comply with all requirements of 3.14 of this subpart other than the marking requirements in
3.14( a)( 6) of this subpart. When the show or act is not traveling, the cats must be placed in primary enclosures that meet the minimum requirements of
this section.


c.Additional requirements for dogs.
(1)
Space.

(i)
Each dog housed in a primary enclosure (including weaned puppies) must be provided a minimum amount of floor space, calculated as follows: Find
the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; then divide
the product by 144. The calculation is: (length of dog in inches + 6) X (length of dog in inches + 6) = required floor space in square inches. Required
floor space in inches/ 144 = required floor space in square feet.
(ii)
Each bitch with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in
accordance with generally accepted husbandry practices as determined by the attending veterinarian. If the additional amount of floor space for each
nursing puppy is less than 5 percent of the minimum requirement for the bitch, such housing must be approved by the attending veterinarian in the case
of a research facility, and, in the case of dealers and exhibitors, such housing must be approved by the Administrator.
(iii)
The interior height of a primary enclosure must be at least 6 inches higher than the head of the tallest dog in the enclosure when it is in a normal
standing position: Provided that, prior to February 15, 1994, each dog must be able to stand in a comfortable normal position.

(2)
Dogs on tethers.

(i)
Dogs may be kept on tethers only in outside housing facilities that meet the requirements of 3.4 of this subpart, and only when the tether meets the
requirements of this paragraph. The tether must be attached to the front of the dog's shelter structure or to a post in front of the shelter structure and
must be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether must allow the dog convenient
access to the shelter structure and to food and water containers. The tether must be of the type and strength commonly used for the size dog involved
and must be attached to the dog by a well- fitted collar that will not cause trauma or injury to the dog. Collars made of materials such as wire, flat chains,
chains with sharp edges, or chains with rusty or nonuniform links are prohibited. The tether must be attached so that the dog cannot become entangled
with other objects or come into physical contact with other dogs in the outside housing facility, and so the dog can roam to the full range of the tether.
(ii)
On and after February 15, 1994, dog housing areas where dogs are on tethers must be enclosed by a perimeter fence that is of sufficient height to keep
unwanted animals out. Fences less than 6 feet high must be approved by the Administrator. The fence must be constructed so that it protects the dogs by
preventing animals the size of dogs, skunks, and raccoons from going through it or under it and having contact with the dogs inside.

(3)
Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult
nonconditioned dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually
mature males, except for breeding. Except when maintained in breeding colonies, bitches with litters may not be housed in the same primary enclosure
with other adult dogs, and puppies under 4 months of age may not be housed in the same primary enclosure with adult dogs, other than the dam or
foster dam. Dogs with a vicious or aggressive disposition must be housed separately.
(4)
Dogs in mobile or traveling shows or acts. Dogs that are part of a mobile or traveling show or act may be kept, while the show or act is traveling from
one temporary location to another, in transport containers that comply with all requirements of 3.14 of this subpart other than the marking requirements
in 3.14( a)( 6) of this subpart. When the show or act is not traveling, the dogs must be placed in primary enclosures that meet the minimum requirements
of this section.


d.Innovative primary enclosures not precisely meeting the floor area and height requirements provided in paragraphs (b)( 1) and (c)( 1) of this section,
but that provide the dogs or cats with a sufficient volume of space and the opportunity to express species- typical behavior, may be used at research
facilities when approved by the Committee, and by dealers and exhibitors when approved by the Administrator.

(Approved by the Office of Management and Budget under control number 0579- 0093)

Animal Health and Husbandry Standards

3.7 Compatible grouping

Dogs and cats that are housed in the same primary enclosure must be compatible, with the following restrictions:

a.Females in heat (estrus) may not be housed in the same primary enclosure with males, except for breeding purposes;

b.Any dog or cat exhibiting a vicious or overly aggressive disposition must be housed separately;

c.Puppies or kittens 4 months of age or less may not be housed in the same primary enclosure with adult dogs or cats other than their dams or foster
dams, except when permanently maintained in breeding colonies;

d.Dogs or cats may not be housed in the same primary enclosure with any other species of animals, unless they are compatible; and

e.Dogs and cats that have or are suspected of having a contagious disease must be isolated from healthy animals in the colony, as directed by the
attending veterinarian. When an entire group or room of dogs and cats is known to have or believed to be exposed to an infectious agent, the group
may be kept intact during the process of diagnosis, treatment, and control.

3.8 Exercise for dogs

Dealers, exhibitors, and research facilities must develop, document, and follow an appropriate plan to provide dogs with the opportunity for exercise. In
addition, the plan must be approved by the attending veterinarian. The plan must include written standard procedures to be followed in providing the
opportunity for exercise. The plan must be made available to APHIS upon request, and, in the case of research facilities, to officials of any pertinent funding
Federal agency. The plan, at a minimum, must comply with each of the following:

a.Dogs housed individually. Dogs over 12 weeks of age, except bitches with litters, housed, held, or maintained by any dealer, exhibitor, or research
facility, including Federal research facilities, must be provided the opportunity for exercise regularly if they are kept individually in cages, pens, or runs
that provide less than two times the required floor space for that dog, as indicated by 3.6( c)( 1) of this subpart.

b.Dogs housed in groups. Dogs over 12 weeks of age housed, held, or maintained in groups by any dealer, exhibitor, or research facility, including
Federal research facilities, do not require additional opportunity for exercise regularly if they are maintained in cages, pens, or runs that provide in total
at least 100 percent of the required space for each dog if maintained separately. Such animals may be maintained in compatible groups, unless:
(1)
Housing in compatible groups is not in accordance with a research proposal and the proposal has been approved by the research facility Committee;
(2)
In the opinion of the attending veterinarian, such housing would adversely affect the health or well- being of the dog( s); or
(3)
Any dog exhibits aggressive or vicious behavior.


c.Methods and period of providing exercise opportunity.
(1)
The frequency, method, and duration of the opportunity for exercise shall be determined by the attending veterinarian and, at research facilities, in
consultation with and approval by the Committee.
(2)
Dealers, exhibitors, and research facilities, in developing their plan, should consider providing positive physical contact with humans that encourages
exercise through play or other similar activities. If a dog is housed, held, or maintained at a facility without sensory contact with another dog, it must be
provided with positive physical contact with humans at least daily.
(3)
The opportunity for exercise may be provided in a number of ways, such as:

(i)
Group housing in cages, pens or runs that provide at least 100 percent of the required space for each dog if maintained separately under the minimum
floor space requirements of 3.6( c)( 1) of this subpart;
(ii)
Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum floor space required by 3.6( c)( 1) of this subpart;
(iii)
Providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or
(iv)
Other similar activities. (4) Forced exercise methods or devices such as swimming, treadmills, or carousel- type devices are unacceptable for meeting the
exercise requirements of this section.


d.Exemptions.
(1)
If, in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well- being, the dealer,
exhibitor, or research facility may be exempted from meeting the requirements of this section for those dogs. Such exemption must be documented by
the attending veterinarian and, unless the basis for exemption is a permanent condition, must be reviewed at least every 30 days by the attending
veterinarian.
(2)
A research facility may be exempted from the requirements of this section if the principal investigator determines for scientific reasons set forth in the
research proposal that it is inappropriate for certain dogs to exercise. Such exemption must be documented in the Committee- approved proposal and
must be reviewed at appropriate intervals as determined by the Committee, but not less than annually.
(3)
Records of any exemptions must be maintained and made available to USDA officials or any pertinent funding Federal agency upon request.


(Approved by the Office of Management and Budget under control number 0579- 0093)

3.9 Feeding

a.Dogs and cats must be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food must be
uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet
must be appropriate for the individual animal's age and condition.

b.Food receptacles must be used for dogs and cats, must be readily accessible to all dogs and cats, and must be located so as to minimize contamination
by excreta and pests, and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and
sanitized or be disposable. If the food receptacles are not disposable, they must be kept clean and must be sanitized in accordance with 3.11( b) of this
subpart. Sanitization is achieved by using one of the methods described in 3.11( b)( 3) of this subpart. If the food receptacles are disposable, they must
be discarded after one use. Self- feeders may be used for the feeding of dry food. If self- feeders are used, they must be kept clean and must be
sanitized in accordance with 3.11( b) of this subpart. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed.

3.10 Watering

If potable water is not continually available to the dogs and cats, it must be offered to the dogs and cats as often as necessary to ensure their health and well-
being, but not less than twice daily for at least 1 hour each time, unless restricted by the attending veterinarian. Water receptacles must be kept clean and
sanitized in accordance with 3.11( b) of this subpart, and before being used to water a different dog or cat or social grouping of dogs or cats.

3.11 Cleaning, sanitization, housekeeping, and pest control

a.Cleaning of primary enclosures. Excreta and food waste must be removed from primary enclosures daily, and from under primary enclosures as often
as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the dogs or cats contained in the primary enclosures,
and to reduce disease hazards, insects, pests and odors. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or
other methods, dogs and cats must be removed, unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed
in the process. Standing water must be removed from the primary enclosure and animals in other primary enclosures must be protected from being
contaminated with water and other wastes during the cleaning. The pans under primary enclosures with grill- type floors and the ground areas under
raised runs with wire or slatted floors must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease
hazards pests, insects and odors.

b.Sanitization of primary enclosures and food and water receptacles.
(1)
Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house,
feed, or water another dog or cat, or social grouping of dogs or cats.
(2)
Used primary enclosures and food and water receptacles for dogs and cats must be sanitized at least once every 2 weeks using one of the methods
prescribed in paragraph (b)( 3) of this section, and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other
disease hazards.
(3)
Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one of the following methods:

(i)
Live steam under pressure;
(ii)
Washing with hot water (at least 180 F (82.2 C)) and soap or detergent, as with a mechanical cage washer; or
(iii)
Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/ disinfectant product that
accomplishes the same purpose, with a thorough cleaning of the surfaces to remove organic material, so as to remove all organic material and mineral
buildup, and to provide sanitization followed by a clean water rinse.

(4)
Pens, runs, and outdoor housing areas using material that cannot be sanitized using the methods provided in paragraph (b)( 3) of this section, such as
gravel, sand, grass, earth, or absorbent bedding, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests,
insects, and vermin infestation.


c.Housekeeping for premises. Premises where housing facilities are located, including buildings and surrounding grounds, must be kept clean and in
good repair to protect the animals from injury, to facilitate the husbandry practices required in this subpart, and to reduce or eliminate breeding and
living areas for rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter.
Weeds, grasses, and bushes must be controlled so as to facilitate cleaning of the premises and pest control, and to protect the health and well- being of
the animals.

d.Pest control. An effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests, must be
established and maintained so as to promote the health and well- being of the animals and reduce contamination by pests in animal areas.

3.12 Employees

Each person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) maintaining dogs and cats must have enough employees to carry out the level
of husbandry practices and care required in this subpart. The employees who provide for husbandry and care, or handle animals, must be supervised by an
individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The employer must be
certain that the supervisor and other employees can perform to these standards.

[Jeff Stanley]

All I can say is “Thanks”.

You have just proven to everybody my point.

You have just posted a 6,000 word, 83 paragraph example of what happens when government decides to swoop down into our private lives.

Regulations, don’t you love them.

[RSQRottweiler]

You know, since I'm not a breeder and I don't plan on breeding a litter anywhere in the near future, I could just shrug my shoulders and say this legislation won't affect me. I can also turn the other way when my city and state governments create new laws to ban or restrict pit bulls. Hey, I'm not a pit bull owner, so why should I care, right? I should be happy that something is being done to help animals, right?
I just can't bring myself to believe that federal regulations on dog breeding will bring positive changes. What kind of legislation does this pave the way for. . .nationwide breed bans (to "protect" the breeds, of course )? Perhaps a national spay/neuter requirement of all dogs? So much for a free country. :(

Audrey

[ August 07, 2001: Message edited by: RSQRottweiler ]