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Proposed Legislation Could Affect Live Animal Shipment

I received an email from the American Bantam Association asking me to get the word out to you on a very important item. There is legislation being considered in New York Legislature which will negatively impact your bird shipping options. If the legislation is passed it would affect not just New York residents, but anyone who wanted to buy a live animal or bird from a breeder in New York nor could you ship to a breeder in New York. Often times legislation such as this finds itself on the legislative agenda in other states.

According to the information on the United Association of Reptile Keepers web site: ALERT: New York shipping ban | USARK - United States Association of Reptile Keepers “This bill has broad sweeping negative impacts on many animal interest groups including farmers, bird breeders, reptile keepers, mammal breeders, and more. New York Assembly Bill 4611 (A04611) was introduced on February 4. This bill seeks to ban the shipping of all mammals, birds, reptiles, and amphibians. This includes shipments into and from the state (both import and export). Per the bill, shipping via any “mail carrier” will be banned which includes the commonly utilized overnight services from major carriers such as FedEx and UPS (for verified shippers). A04611 was assigned to the Assembly Agriculture Committee. Fines can be $1,000 per violation. Assembly member Linda Rosenthal introduced the bill and she sits on the assigned Agriculture Committee. The Committee members must be made aware of the broad sweeping repercussions of this bill and informed of the many shipping regulations, restrictions, and safeguards already in place.” 

The web site includes a copy of the proposed legislation in New York as well as a suggestions on what to do to fight the passage of the legislation and a sample letter for registering one’s feeling against the legislation. The letter points our that “Stringent policies are already in place by shipping companies, as well as various federal and state animal welfare laws. First, mail carriers already prohibit the shipment of many animals. The United States Postal Services (USPS) prohibits the shipping of mammals, most birds, turtles, and snakes. The United Parcel Service (UPS) does not allow shipments of mammals, birds, or snakes. Other companies have various restrictions and certifications. For example, FedEx requires that you have a Live Reptile Certification in order to ship live reptiles.

If a carrier does allow for the shipment of certain live animals, there are stringent policies and laws in place. These include but are not limited to:

1. Containers must meet construction standards;

2. Proper ventilation;

3. Veterinary health certificates and inspections;

4. Use of heat/cold packs during certain weather conditions;

5. International Air Transport Association (IATA) standards;

6. International Safe Transit Association (ISTA) standards;

7. Labeling requirements;

8. Internal packaging requirements;

9. The federal Lacey Act.

Not only are all of these regulations already in place, but shipments are required to be done as timely as possible. When reptiles are shipped, they are delivered to the carrier or picked up late in the day and then delivered early the following day. The travel time is always less than 24 hours, and typically closer to 12 hours. Animals also are not shipped during temperature extremes as various thresholds for animal safety are applicable (too hot/too cold). 

Proposed Changes to the Animal Welfare Act

 The AWA authorized the regulation of birds not bred for use in research and a January 2020 U.S. Circuit Court of Appeals opinion provided a timeline for APHIS to promulgate regulations and standards for their humane care and treatment. Animal Care will publish a proposed rule by February 24, 2022. There were 227 pages of written comments. If you are interested in reading the transcripts, they are posted here:

https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/aw-news/bird-listening-sessions

I found the following info listed under Animal Welfare Livestock and Poultry Exemptions on the USDA APHIS web site. There is also a download of this information at the top of this page.

Animal Welfare Act—Definition of Animal

The Animal Welfare Act does not apply to farm animals. In 9 CFR Part 1, “Animal” is defined as “any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warm-blooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research; horses not used for research purposes; and other farm animals, such as, but not limited to, livestock or poultry used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber.

Animal Welfare Act—Definition of Exhibitor

Also in 9 CFR Part 1 an exhibitor is defined as “any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary. This term includes carnivals, circuses, animal acts, zoos, and educational exhibits, exhibiting such animals whether operated for profit or not. This term excludes retail pet stores, horse and dog races, an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary.

Based on these definitions and the exclusions included within them, birds used as farm animals and those participating in purebred shows or similar fairs and exhibitions intended to advance agricultural arts and sciences will not be regulated under the Animal Welfare Act.

The January-February issue was mailed January 22.   The feature article was a Q & A on raising Kalij Pheasants.  There was a 2-page chart to help breeders isolate causes of incubation failures and to offer remedies for improving the hatch.  The 2-page color insert was a guide to measuring fertility and early dead embryos.

My apologies to the clubs usually listed in this section of the NL. When I planned out the newsletter, I did not allow for the sale bill so I needed the Exchange Club space for the This ‘N’ That section. 

I need your auction consignments no later than February 25 so I can get them typed up and posted to the web site by the fist week of March. If you have photos of your consignments email them to me so that I can add them to the photo gallery on the web site. This created lots of interest in the past. 

I need 3 or 4 members who have email and know how to enter data on Craigslist to help me get information about the auction listed in 27 different cities where the auction is advertised. I will email you a file which you can cut and paste. In addition to posting the original file, consignments may have to be updated. Give me a call or email me if you can help with this job. 

We are planning a Friday noon lunch for the people who help us with the Friday check in. The club will buy the paper plates, napkins, plastic table wear, water/pop and meat which Dennis Connolly will prepare. Club members working on Friday: please bring a side dish such as a salad, casserole, relish plate, chips, or a dessert. There is a refrigerator for keeping things cold, but we’ll have to figure out how to heat things if they aren’t in crock pots. Any questions, call Terry 913-879-2587. 

Lastly, stay safe and hope that the weatherman gives a good forecast for the auction. Personally I’d be happy with sunshine, little or no wind, no rain or snow, and lower 60’s temps!!