APHIS Proposes to Restrict Import of Live Dogs for Resale, Etc.

Comments are due by October 31, 2011.

(The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) added a new section to the Animal Welfare Act (AWA) to restrict the importation of certain live dogs for resale. This proposed rule would implement the 2008 Farm Bill's amendment to the AWA to ensure the welfare of imported dogs. See ITT's Online Archives or 05/19/08 news, 08051905, for BP summary of the 2008 Farm Bill provisions.)

APHIS is proposing to add new subpart J to the AWA (9 CFR 2), which would contain the following new requirements for the importation of certain live dogs:

Imports of Live Dogs into U.S. Would Need APHIS Import Permit

APHIS is proposing to require that live dogs from any part of the world imported into the continental U.S. (i.e., the contiguous 48 states and Alaska) or Hawaii for purposes of resale, research, or veterinary treatment be accompanied by an import permit issued by APHIS. The completed application for an import permit would require information on the purpose of the importation, the port of embarkation and the mode of transportation, the port of entry, the proposed date of arrival, etc. The importation would be required to occur within 30 days after the proposed date of arrival stated in the import permit.

APHIS notes that an import permit does not guarantee that any dog would be allowed entry into the continental U.S. or Hawaii; the dogs would be allowed entry only if they meet all applicable requirements of new subpart J, as well as any other applicable regulations or statutory requirements.¹

Original Health & Rabies Vaccination Certificates Would also be Required

The proposed rule would require that such imports of live dogs be accompanied by an original health certificate and a valid rabies vaccination certificate. The proposed rule would require that both certificates be issued in English by a licensed veterinarian with a valid license to practice veterinary medicine in the country of export and bear the signature and license number of the veterinarian issuing the certificates.

The proposed rule would require that the two certificates specify the name and address of the person intending to import the dog into the continental U.S. or Hawaii, and to identify the dog on the basis of breed, sex, age, color, markings, and other identifying information. Additional information required for each of the two certificates include:

Original Health Certificate. This certificate would have to state that among other things, the dog is in good health, has received vaccinations necessary to protect against distemper, hepatitis, leptospirosis, parvovirus, and parainfluenza virus (DHLPP), and is at least 6 months of age.

Rabies Vaccination Certificate². This certificate would have to specify: (1) a date of rabies vaccination at least 30 days before the date of arrival of the dog at a U.S. port; and (2) a date of expiration of the vaccination which is after the date of arrival of the dog at a U.S. port. If no date of expiration is specified, then the date of vaccination would be no more than 12 months before the date of arrival at a U.S. port. This certificate would be required for dogs not less than 3 months of age at the time of vaccination.³

Exceptions. The proposed rule would provide limited exceptions to the certificates' requirements for live dogs imported for certain research studies or veterinary treatment. Exceptions would also be provided for dogs imported into Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of Hawaii, and provided that the dogs are not transported out of Hawaii for purposes of resale at less than 6 months of age. See notice for full details of these exceptions.

Import Permit, Certificates, Etc. Would Need to be Presented at 1st Port of Arrival

The proposed rule would require that, upon arrival of the dog at the port of first arrival in the continental U.S. or Hawaii, the person intending to import the dog, or his or her agent, would have to present the import permit and certificates (and any other documents required for exceptions, etc.) to the collector of customs for use at that port.

Noncompliance Could Result in Dog's Removal from U.S. or Seizure

The proposed rule would specify that any dog refused entry into the continental U.S. or Hawaii for noncompliance with these requirements may be removed from the U.S. or may be seized by an APHIS official and the person intending to import the dog would have to provide for the cost of the care (including appropriate veterinary care), forfeiture, and adoption of the dog, at his or her expense. These measures may be taken in addition to any penalties that may be assessed for failure to comply with the proposed rule and the AWA.

¹APHIS notes that (1) all dogs imported into the U.S. are currently subject to restrictions established by the Health and Human Services’ Centers for Disease Control and Prevention (CDC) in 42 CFR 71; and (2) dogs imported into the U.S. from screwworm-affected regions and dogs that are used to handle livestock and are imported from any part of the world except Canada, Mexico, Central America, and the West Indies are currently subject to restrictions established by APHIS’ Veterinary Services program in 9 CFR 93.

²The above-mentioned requirement for this certificate to be issued by a valid veterinarian could also be met by providing an exact copy of the rabies vaccination certificate if so required under the Public Health Service regulations in 42 CFR 71.51.

³APHIS states that dogs that are less than 3 months of age are too young to be vaccinated against rabies. Therefore, this proposed rule would provide that such dogs would have to be accompanied by a rabies vaccination certificate that was issued for the dog at not less than 3 months of age at the time of vaccination.

APHIS Contact -- Dr. Gerald Rushin (301) 734-0954

(D/N APHIS-2009-0053, FR Pub 09/01/1)