[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Rules and Regulations]
[Page 3017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1312]



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  Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / 
Rules and Regulations  

[[Page 3017]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1, 2, and 3

[Docket No. 97-024-1]
RIN 0579-AA89


Animal Welfare; Regulation of Pocket Pets

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION:  Policy statement.

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SUMMARY: This document gives notice that we are now regulating under 
the Animal Welfare Act the handling, care, and treatment at retail pet 
stores of small mammals commonly referred to as ``pocket pets'' and 
requiring any retail pet store that sells pocket pets to be licensed as 
a dealer under the Animal Welfare Act. This action is necessary because 
the Animal Welfare Act regulations require regulation of all persons 
who sell exotic or wild animals for research, exhibition, or for use as 
a pet, and we consider pocket pets to be exotic or wild animals for 
this purpose.

FOR FURTHER INFORMATION CONTACT: Dr. Bettye K. Walters, Staff 
Veterinarian, Animal Care, APHIS, USDA, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234, (301) 734-7833.

SUPPLEMENTARY INFORMATION: The Animal Welfare Act (AWA)(7 U.S.C. 2131 
et seq.) authorizes the Secretary of Agriculture to promulgate 
standards and other requirements governing the humane handling, 
housing, care, treatment, and transportation of certain animals by 
dealers and other regulated businesses. The Secretary of Agriculture 
has delegated the responsibility for enforcing the AWA to the 
Administrator of the Animal and Plant Health Inspection Service 
(APHIS). Regulations established under the AWA are contained in 9 CFR 
parts 1, 2, and 3. APHIS regulates animal dealers by issuing them 
annual licenses and conducting unannounced inspections of their 
premises to check for compliance with the AWA standards and 
regulations.
    In recent years, several species of small, generally nondangerous 
mammals, including hedgehogs, degus, spiny mice, prairie dogs, flying 
squirrels, and jerboas, have increasingly been sold at retail pet 
stores in the United States. These and other small mammalian species 
are collectively and commonly referred to as ``pocket pets.'' However, 
none of these species, some of which are native to the United States 
and others of which are native to foreign countries, have been 
domesticated as pets in the United States in the sense that dogs, cats, 
and other common pet-type animals have been domesticated. Therefore, 
APHIS considers pocket pets to be exotic or wild animals under the AWA 
regulations, and any retail pet store that sells a pocket pet is 
subject to AWA regulation.
    Several years ago, some retail pet stores across the United States 
started selling limited numbers of pocket pets on a sporadic basis. In 
general, retail pet stores are exempt from AWA regulation unless they 
sell animals to a research facility, an exhibitor, or a dealer. Our 
policy was not to regulate the retail pet stores that were selling 
pocket pets because the effort needed to identify and regulate these 
stores did not appear to be a prudent use of our AWA enforcement 
resources. However, we continued to reevaluate this policy as the 
popularity of pocket pets grew among U.S. consumers. Because many 
retail pet stores are now selling pocket pets on a regular basis, we 
now believe that it is feasible and necessary to identify and regulate 
these stores.
    Therefore, we are giving notice that, in order to ensure the humane 
care and treatment of pocket pets in the commercial pet trade, we are 
now regulating the handling, care, treatment, and transportation 
provided to such animals by retail pet stores and requiring that retail 
pet stores dealing in these animals be licensed under the AWA. The AWA 
licensing requirements for animal dealers are specified in 9 CFR part 
2, subpart A, and the care standards for pocket pets are covered in 9 
CFR part 3, subpart F. For information about becoming licensed as a 
dealer under the AWA, contact the person listed above under FOR FURTHER 
INFORMATION CONTACT.

    Done in Washington, DC, this 13th day of January 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-1312 Filed 1-20-98; 8:45 am]
BILLING CODE 3410-34-P