message from TX-RPOA ~Caution regarding recently passed Farm Bill!~

TX-RPOA E-News
>From Responsible Pet Owners Alliance Texas Outreach
Crossposting is encouraged.
February 10, 2014

RPOA urges “Caution” regarding recent passage of the Farm Bill, which
unexpectedly addressed the new USDA/APHIS rule. We agree with the message
below from Margaret Cleek, with the Legislative Committee, American Malamute
Club of America (AMCA). Nothing has changed. The new APHIS Rule is in
effect and will be enforced by animal “rights” extremists in the same manner
that the Dog/Cat Breeder bill is being enforced in Texas, only the federal
ruling affects breeders of all pet species. Anonymous tips accepted which
“require” investigations and all determinations will be made by inspectors!
RPOA continues to support the injunction action filed against USDA/APHIS by
ADFNY et al and agree with the AMCA Legislative Committee below.
……………………………………………..
From the AMCA Legislative Committee:
Date: 2/7/2014
Subject: Impact of the New Farm Bill on Breeders / Recommendations

Background: During the process of reconciling the House and Senate
versions of the new Farm Bill, the Conference Committee unexpectedly
addressed the new APHIS rule that went into effect last November of last
year.

1. Despite the changes made in the Farm Bill, the new rule that was
created by APHIS/USDA is still in effect. It is the law and will remain
the law until APHIS/USDA publishes new policies and interpretations.

2. While it’s difficult to imagine that APHIS would engage in draconian
enforcement of the new rule under these circumstances, regulatory
agencies do not always act reasonably. We therefore encourage you not to
become complacent about the new rule.

3. While you may believe that you have more recourse now that Congress has
acted, we do not think that this is the case. Only the amendment of the
Animal Welfare Act (AWA) will go into effect immediately, and the
significance of that amendment is still unknown. In any event, seeking
recourse is at the very best a complex and time-consuming matter, and
typically a very expensive one. [In the sense that it is usually understood,
you do not get your day in court].

4. If you are on the borderline of requiring to be licensed under the
new rule, we suggest that you make an effort to remain on the unlicensed
side.

5. If you are required to be licensed under the new rule, but are not
yet licensed, we encourage to you to seek the advice of a qualified
attorney.

Throughout this process, beginning with the proposal of the new rule
last year, the AMCA Legislative Committee has taken a very conservative
approach to the effect of the new rule — in essence, we have tried to
answer the question: “What’s the worst that could happen if there’s a knock
on the door?” Given the large uncertainties in the new rule, we felt that
was the only responsible course of action. Now that Congress has acted, the
AKC and some other organizations appear to view this change as a very
positive development. While they may be correct — and we sincerely hope
they are correct — we see no persuasive basis for that view. The
Legislative Committee’s opinion remains that, at this point, how the new
Farm Bill will affect breeders is still unknown.

We are in contact with a number of attorneys in various animal-interest
organizations who are still studying this unexpected change, and will
share their opinions as we receive them.

Given the new uncertainties raised by the language included in the Farm
Bill, we continue to support the injunction action that has been filed
against USDA/APHIS by ADFNY et al.

If you have any questions, please contact Margaret Cleek at
cleekma@surewest.net
………………………………………………..

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www.rpoatexasoutreach.org

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others..Stay tuned  -B

~ by topcatsroar on February 10, 2014.