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And now for something completely different:
This is from Brewster Rockit: Space Guy!
Beginning November 18, 2013, I will be joining a very large number of breeders across the U.S. in no longer shipping pets. Due to a change in Department of Agriculture regulations for pet breeders that the USDA itself has interpreted in contradictory ways, it is impossible for most persons who sell pets to know whether it is legal to ship a pet that the buyer has not seen in person. Violations of this rule carry severe penalties. For our safety, ALL sales must take place face to face.
This ruling is going to seriously curtail the choice of those wishing to buy the pet of their choice unless you are willing to travel to your breeder of choice regardless of distance. As written this will also affect service animals being made available to those in need.
While we do understand the need to stop those who don't properly care for their animals, and who knowingly sell ill kittens and puppies, we already have existing state and federal laws for those issues.
If you would like to help us fight this bad choice of regulation policy, please contact me or your breeder of choice to see what you can do to help. It is YOUR right to be able to buy a cat or kitten from whomever you choose and to pick it up personally or have your cat or kitten shipped to you or to meet your breeder at a mutually agreed upon place to save you travel and expense. However, you only have that right if it remains OUR right to offer those choices.
DO YOU WANT TO CONTINUE TO HAVE YOUR CHOICE OF PET? Please read the following
CALL TO "BATTLE STATIONS" - - “IT’S NOW OR NEVER!” - - APHIS FINAL RULE
I wish to share what I believe “Everyone Needs to Hear, Rather Than What They Want to Hear.”
The APHIS FINAL RULE is like a runaway freight train, and I personally and professionally believe that the only realistic, practical way to “derail” the “freight train” before November 17, 2013 is for a Federal Judge to issue a Temporary (ideally a Permanent) Injunction that would expressly prohibit the USDA from implementing the Final Rule. In short, the “60-Day Time Bomb Clock” is ticking, and if a Federal Injunction is not issued before November 17, 2013, the APHIS Final Rule will have the “EFFECT” OF LAW THAT MAY BE ENFORCED AGAINST ANY BREEDER THAT APHIS (A.K.A. MS. SARAH L. CONANT) DETERMINES TO BE IN NON-COMPLIANCE!
Although the APHIS Final Rule is a “Regulation,” it is a “Readers Digest” version of the PUPS Bill, and it will “grease” the HSUS path for HSUS to begin 2014 with a Full Court Press to persuade Congress to enact the PUPS Bill. In this regard, an unchallenged APHIS Final Regulation will strengthen the arguments that HSUS will put forward for Congress to enact the PUPS Bill. And what it so chilling is that when the PUPS Bill comes up for a vote, the APHIS Rule will - - repeat “WILL” - - be cited in support of an “eleventh hour” floor amendment to add a few tweaks that purportedly will be technical in nature, but could be the final nails being drilled into the figurative coffins of all Hobby and Commercial Breeders.
While there is so much truth in the adage that “Desperate Times Call for Desperate Measures,” I fervently believe that “Desperate Measure” of citing subjective “loopholes,” such as claiming that all dogs bred fall into the hunting or working or any other “exempt” dog category is doomed - - yes doomed - - to failure because Dr. Rushin stated that decisions will be made on a “case by case” basis. Such a subjective “case by case” statement could be cited as one of the judicial arguments for seeking a Federal Injunction because it constitutes an admission that the Final Rule is so vague and ambiguous that breeders may be subject to subjective rather than objective standards, which will create a realistic potential that their Constitutionally guaranteed due process rights may be jeopardized because they will be subject to arbitrary interpretations that would not stand the scrutiny of judicial review. In this regard, bear in mind that “case by case” interpretations may very well be made by Ms. Sarah L. Conant, the former HSUS Litigation Attorney who is now the Chief of the APHIS Investigative and Enforcement Branch! And she has the authority to decide how great fines will be for a violation of this Final Rule, and in “appropriate” cases, she may further make recommendations as to “prosecutions!”
BOTTOMLINE: Those who believe they can circumvent compliance with the Final Rule by claiming that they fall within an “exception” are playing with fire that could ultimately result in fines and lifetime prohibitions from ever being permitted to breed dogs. That is why it is so important to challenge the Final Rule before it becomes, in effect, a “Rule of Law.” In this regard, if all breeders contacted their respective Member Organizations and urged them to immediately and collaboratively work together in order to seek a Federal Injunction NOW, the “Window of Opportunity” to stop the “runaway freight train” will not be lost, and the PUPS Bill may be mortally wounded, and lose Congressional Support!
The “Desperate Measure” that has the greatest chance of success to stall and “derail” the runaway APHIS FINAL RULE freight train is for all breeders - - Hobby and Commercial Breeders - - to make a commitment to “STAND UNITED,” and to cease and desist “pointing fingers at one another,” and follow the HSUS Playbook Strategy of presenting a “unified front.”
Last year the HSUS orchestrated the APHIS Proposed Rule as part of its “masterful” and diabolical Strategic Plan, which it has “masterfully” orchestrated over the last 10+ years by, step-by-step, deceiving and dividing the breeder community of Hobby and Commercial Breeders. First, it deceived the hobby breeder community in the 2004-2006 time-frame by claiming that it only was targeting the commercial breeders which it referred to as the nasty and inhumane “PMs.” (Note I never publicly use the phrase that the “PM” stands for because it was designed by the HSUS to create a false image in the minds of the America Public and Elected Officials! And it has worked, even though it is the equivalent of a despicable racial or ethnic slur.)
Many within the Hobby Breeder Community have used the HSUS’ “PM” phrase over and over again without realizing that this usage supported the “divide and conquer strategy” of the HSUS because it offended a significant number of Commercial Breeders who truly, truly care about the health and welfare of their dogs and puppies, and who meet or exceed even the AKC Standards. And to the dismay of AKC and the thousands of AKC Breeders, they were shocked on May 1, 2013 when the HSUS stated that the AKC was “joined at the hip” with the “PMs!” All the more reason for AKC Breeders to cease using the “PM” phrase that predictably will transition into the HSUS referring to Commercial “PMs” and Hobby “PMs.”
Predictably, the HSUS will use any attempt by the Hobby Community to exempt themselves out from under the Final Rule as further evidence that the AKC and its Hobby Breeders are “joined at the hip” with the “PMs,” and the HSUS will put on a major push at the beginning of next year to claim that the flaws associated with the APHIS Final Rule can only be corrected by the passage of PUPS. In short, “loophole” arguments will be cited as a reason for swift passage of the PUPS Bill, at which time a few “tweaked” provisions will be added as late night “Floor Amendments,” which Amendments would tighten the noose tighter around the necks of all breeders - - Hobby and Commercial - - and provide yet another basis for HSUS to press for publishing a new and even more stringent Final Rule that will have death knoll implications for all breeders. This is why Commercial Breeders must support all efforts by the Hobby Breeder Community to stop the USDA from enforcing the Final Rule with a Federal Injunction. In this regard, if the collective efforts of “ALL” breeders resulted in a Federal Injunction that barred the enforcement of the APHIS Final Rule, such an Injunction would all but absolutely- positively “kill” - - like a “poison pill - - the PUPS Bill, which Bill is even worse than the APHIS Final Rule. Thus, a “WIN-WIN” for all Hobby Breeders and all Commercial Breeders. In short, the PUPS Bill would become “toxic,” and even the current co-sponsors would not push for a vote.
In the words of Benjamin Franklin: "We must indeed all hang together, or most assuredly we shall all hang separately." In short, Commercial Breeders must support any effort by the Hobby Breeders to obtain a Federal Injunction that will stop the USDA from enforcing the APHIS Final Rule on November 17, 2013.
The time, cost and expense of seeking a Federal Injunction will be substantial. However, in the long run, the cost of supporting the effort to obtain a Federal Injunction will pale in comparison to the financial and psychological cost to all affected breeders who are forced to either comply with the APHIS Final Rule, as interpreted by Ms. Conant, or to cease breeding dogs all together. In this regard, no Hobby Clubs or State Commercial Breeder Organizations have the financial resources to independently fund an effort to stop the immediate and follow-on “carnage” that will occur if the Final Rule is not successfully challenged in a Federal Court. That is why I believe that it is imperative for an organization, such as AKC, to take the lead in pursuing the effort to seek a Federal Injunction. They have the name recognition and stature to make the representation to a Federal Court that it has “legal standing” to represent the interests of the single “largest class” of breeders in the U.S., as opposed to just a few breeders. Here it is significant to note that AKC Breeders not only include Hobby Breeders, but also include a significantly large number of USDA Commercial Breeders. While AKC is in the best position to take the lead, all other Commercial and Hobby Breeder Organizations should financially support the Federal Injunction Option to the best of their financial ability.
If the APHIS Final Rule is not Successfully Challenged, there may not be another opportunity to derail the HSUS Freight Train. From a military perspective, when possible, it is best to pick the battles you have the best chance to win. The APHIS Final Rule may be the best battle to wage because there are so many flaws and “omissions” in the Background Justification published in the Federal Register that may be cited as the legal bases for a Federal Judge to grant an Injunction. (I do not wish to publicly cite all of the legal bases as I do not believe it is prudent to give the HSUS a “heads-up.” Never tell your enemy how you plan to defeat it!)
BOTTOMLINE: As an attorney, I professionally believe that the published discussion of the Comments that APHIS referenced in the September 18, 2013 Federal Register provides a number of legal arguments that may be cited in support of a Lawsuit that seeks to restrain the USDA and APHIS from enforcing the APHIS Final Rule.
The Words of “It’s Now or Never” have never been truer or more appropriate to say.
If you have GIVEN MONEY to the Humane Society of the United States, or are thinking of doing so, please see this Consumer Alert *FIRST *:
Feline Dental Health Raw Feline Diet
We started small, with Cleomar EmAlia of Faerietail. I started the Veterinary Technology Program at Pierce College at the same time. Emma gave us a litter of four kittens in my first year of school, and during my second year, went to Georgia for a breeding. Thank goodness I was preoccupied with schooling, she was gone for 9 months! Once I graduated (with honors,) I began planning my barn/cattery. I'm sure the scope of the plan scared my husband! The cats have a four-room apartment out there, with heat, water, small kitchenette and isolation ward. We have grown since then, adding some outcrosses and deciding to focus on a certain color. Now I have my silver classic tabby male, as well as two black smoke boys to work with toward the silver classic tabbies.
email@example.com ( remove ''.invalid'' from address )
Here is a blank of my standard contract. Many items do not apply to a pet purchase, the most important to me are that all are kept indoors only, that FIP vaccination NOT be given, and that no declaw be done. I often have already altered a pet before it goes home; it helps to be in the business. This way, I can be sure to not contribute to the over-population problem!
Purchaser agrees to the following:
1. Under no circumstances will this cat or kitten be sold, leased
or given away, or sold to any pet shop, research laboratory or similar facility.
2. This cat or kitten will be kept indoors and not be allowed to roam freely outside.
3. Purchaser guarantees that any other cats he/she owns, or will own , are free
of Feline Leukemia and other serious contagious diseases.
4. Purchaser will inform Seller if this cat ever develops any major health problems.
5. Purchaser will inform Seller of any changes of address, phone,
and e-mail, if applicable. Seller will notify of same.
6. This cat or kitten is purchased for Pet __________ Breeding __________ Show ___________
7. If purchased as a pet, Purchaser agrees to castrate or spay this cat
between the ages of 6 months and 1 year, or within 30 days after purchase
if this is an adult cat, and agrees and guarantees that this cat
or kitten WILL NOT be used for stud or breeding.
8. If this cat or kitten is found to be neglected or mistreated,
Purchaser will surrender said cat or kitten to Seller, unconditionally.
9. Seller agrees to provide pedigree and registration papers for this cat
or kitten upon presentation of a veterinarian’s certificate
of castration or spay. Yes ______ No______
10. This cat or kitten cannot be shown without written permission of the Seller.
11. If this cat is purchased as a breeder, Purchaser agrees not to resell
the cat for breeding to anyone unless approved by the Seller.
This cat will be bred only to registered (_______) which are
certified free of diseases by a licensed veterinarian.
12. If this cat is purchased as a breeder male, Purchaser agrees not to use this
cat for outside stud service, except as follows:
13. Distemper/Upper resp. complex vaccs. 1st ________ 2nd _________3rd _________4th _________
FeLV vacc. 1st ________ 2nd _________ Rabies vacc. ________________________________________
14. Purchaser has three working days to have the blood test on this cat,
or kitten for feline leukemia virus.
15. Seller makes no guarantees as to the health or show quality of this cat
or kitten, except as follows:
This cat is in excellent health and is free of FeLV/FIV and parasites.
If within 4 days of purchase, a veterinarian certifies a disease or
condition stemming from the Seller’s cattery, Purchaser may return the
cat for either a full refund, medical care until the problem is resolved,
or a partial allotment for care which Seller can obtain.
16. This cat or kitten is being fed _homemade raw_________________________________________
17. Purchaser will NOT de-claw and will NOT vaccinate for FIP.
18. Purchaser will provide annual well pet exams, boost vaccinations,
and provide other medical care as recommended by the veterinarian;
such as blood work and dentals.
19. Purchaser agrees that any legal action as a result of this contract will
take place in King County, Wa. Purchaser assents to personal
jurisdiction within such venue and any judgment obtained
is enforceable within the jurisdiction in which they reside as if
obtained within that jurisdiction
Other conditions of sale are as follows:
___________________________________________________________ Purchaser’s signature indicates full agreement of all above conditions.
Purchaser ________________________________________________________ Date ________________
Seller ______________________________________________________Date ________________