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On Class “B” License Rename Request
July 2, 2007
Regulatory Analysis and Development/PPDAPHIS , Station 3A-03.8
4700 River Road, Unit 118
Riverdale, MD 20727-1238
RE: Docket No. APHIS 2006-0158
Comments on the Hunte Petition request to rename Class “B” licensees
The American Physiological Society (APS) is pleased to provide comments on the petition filed by the Hunte Corporation to modify the classification of entities licensed under the Animal Welfare Act to buy, sell, or transport regulated animals.
The APS does not believe that the Hunte proposal should serve as the basis for a new regulatory classification scheme. If issues need to be addressed, it makes more sense for the USDA to specify its concerns and then hold direct consultations with stakeholders from various sectors of the regulated community rather than working from a proposal suggested by a single for-profit entity that may not share the same concerns as other stakeholders such as research institutions.
The APS is a not-for profit association founded in 1887 to advance understanding of how living systems function. The Society has 10,000 member scientists who conduct research and teach in colleges, universities, medical schools, industry, and the government throughout the U.S. Because physiologists study how the cells, tissues, and organs function in health and disease, their research often involves the use of animals as models of human disease. The APS has a long-standing interest in animal welfare and is proud of the continuing leadership role it plays in fostering high standards of animal care in research.
The Hunte petition asks USDA to replace the current Class “B” license as defined in the Animal Welfare Act (AWA) regulations with four new categories of animal distributors. The petitioner's rationale is that the Class “B” license category is excessively broad, hampering effective regulation. However, the USDA has not previously indicated that the current classification hampers regulation. The petitioner further notes that the term Class “B” implies inferiority and may create the impression that Class “B” licensees do not take good care of their animals. Public perception can be important so this issue does merit attention, and it may be that a change in nomenclature is warranted.
The APS thus agrees that the petitioner has raised important questions, but caution is in order with respect to the petitioner’s proposed solution. By focusing its proposed categories exclusively upon differences in the destinations of animals, the Hunte petition fails to take into account other factors that may differentiate dealers, such as the source of the animals.
The Animal Welfare Act (AWA) requires the Secretary of Agriculture to license three kinds of entities: breeders, dealers and exhibitors. The implementing regulations designated those licensing categories as “A” (breeders), “B” (dealers), and “C” (exhibitors). The Class “B” licensing category applies to those who buy and sell animals they did not breed and raise themselves. There are currently about 1,000 entities with Class “B” licenses. According to the USDA website, the kinds of business activities requiring a Class “B” dealer's license include:
- Importing, buying, selling or trading pets at the wholesale level
- Importing, buying, selling, or trading laboratory animals
- Collecting dogs or cats for sale to laboratory animal suppliers
- Buying and selling biological materials and specimens
- Selling or trading surplus research animals to another USDA-registered institution
- Transporting animals as a contract carrier
- Acting as an animal sales broker
- Operating animal auctions
- Buying and selling wild or exotic animals
- Giving animals away as promotions or as prizes
Because many different species are animals regulated under the AWA as well as a variety of activities, the Class “B” category is necessarily broad. However, the Hunte petition proposes to reclassify dealers based solely upon the end point of the distribution without taking into account the effects other differences, such as the species or original source of the animals, which could also be relevant. Consequently, the APS is skeptical that the one-dimensional set of categories proposed in the Hunte petition would in fact make a meaningful contribution to regulatory efficiency.
As previously noted, if USDA has identified enforcement problems within the current Class “B” designation, it should hold direct consultations with a wide range of stakeholders rather than devising a system based upon working a proposal suggested by a single for-profit entity.
Thank you for this opportunity to comment.
Sincerely,
Hannah V. Carey, PhD
President