Frequently Asked Questions

Why is APHIS Proposing Changes to the Animal Welfare Act?
Regulators at the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) have received numerous complaints about substandard/unscrupulous internet sales of pets and have been tasked with addressing that issue. The AKC shares their concerns about substandard operations.

What is a proposed rule change and how does it work?
APHIS has proposed a new administrative “rule” to address this concern. Unlike legislation, a “proposed rule” or regulatory change attempts to address an issue that the government believes can be addressed–not by creating a new law—but by making an adjustment to how the existing law can be administered.

When a rule or regulation change is proposed, the process for expressing our comments or concerns is different from legislation. The law is already on the books so we have to work within the confines of an administrative—rather than legislative—process.

What’s the best way to express concerns or seek change on the proposed rule?
The AKC recommends that you share your concerns directly through the USDA/APHIS comment site. Respectful, constructive comments that clearly outline your own concerns, experiences, insights and any alternative recommendations are the most effective way to impact the policy of the proposed rule. These concerns will be read by USDA/APHIS as it considers how to proceed. Comments will be public. Comments should be submitted to the USDA/APHIS directly, either:

• Online at http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0003-0001. 
  
• Or via postal mail at:
  
  Docket No. APHIS–2011–0003
  Regulatory Analysis and Development
  PPD, APHIS, Station 3A–03.8
  4700 River Road, Unit 118
  Riverdale, MD 20737–1238

However, AKC GR is also interested in your concerns. You may send these to doglaw@akc.org. We will share the most common concerns directly with APHIS (leaving off your contact information). These will also help inform AKC’s responses to this proposal.

Are there other options for expressing my concerns?
The AKC has created the Join With the AKC to Protect Responsible Small Breeders petition in response to the proposed rule to demonstrate to USDA APHIS the solidarity among concerned citizens about the harsh and unintended consequences that the proposed regulations would have on responsible small and hobby breeders.  Please join us by signing the petition before July 15. AKC will send the petition to the USDA along with AKC’s official comments on the proposed rule change.

Why should I comment on the rule?
The regulators who write the proposed rules recognize that there are many stakeholders and experts in the area of pet breeding and sales whose expertise and insight is valuable. They have asked for comments by these people and anyone who is potentially affected or concerned about the proposed rule. Comments must be made during the public comment period. The USDA will then review all comments it received. If you do not comment, you cannot know if your concerns will be addressed.

How do I comment on the proposed rule? (Tips for preparing your comment)
The AKC believes that there are many serious issues with the proposed rule. When providing a comment to USDA/APHIS, we recommend that you select the aspects of the rule that are of greatest personal concern to you and/or that you have personal insight or experience with, and alternatives to recommend.  Some of the best letters will be short and concise, and provide specific examples or data to back up your point.

Click here for an example of an actual comment that we believe provides a good, concise comment with specific personalized information, insight, and data.

For more information, the federal Office of Information and Regulatory Affairs has an excellent website that provides easy-to understand information on how to provide an effective comment on federal regulation. Visit http://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf.

Remember, the deadline for comments to be received by the USDA is July 16, 2012. The USDA must review all comments for consideration of whether the proposed rule is viable, and if so, how the rule might be amended to address public concerns. Based on constructive public comments (or a lack of comments) the USDA may move forward with the rule as initially proposed, it may make any variety of amendments to the rule and re-issue a final rule for public consideration, or it consider another approach to the problem.

Comments may be made:

• Online here.
• Via postal mail 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