9 CFR, Part 2 contains
licensing regulations that apply to
Class A and B licensees/dealers. The
following regulations must be met by
persons in these categories:
§ 2.3 Demonstration
of compliance with standards and regulations.
(a) Each applicant
must demonstrate that his or her premises
and any animals, facilities, vehicles,
equipment, or other premises used
or intended for use in the business
comply with the regulations and standards
set forth in parts 2 and 3 of this
subchapter. Each applicant for an
initial license or license renewal
must make his or her animals, premises,
facilities, vehicles, equipment, other
premises, and records available for
inspection during business hours and
at other times mutually agreeable
to the applicant and APHIS, to ascertain
the applicant's compliance with the
standards and regulations.
(b) Each applicant
for an initial license must be inspected
by APHIS and demonstrate compliance
with the regulations and standards,
as required in paragraph (a) of this
section, before APHIS will issue a
license. If the first inspection reveals
that the applicant's animals, premises,
facilities, vehicles, equipment, other
premises, or records do not meet the
requirements of this subchapter, APHIS
will advise the applicant of existing
deficiencies and the corrective measures
that must be completed to come into
compliance with the regulations and
standards. An applicant who fails
the first inspection will have two
additional chances to demonstrate
his or her compliance with the regulations
and standards through a second inspection
by APHIS. The applicant must request
the second inspection, and if applicable,
the third inspection, within 90 days
following the first inspection. If
the applicant fails inspection or
fails to request reinspections within
the 90-day period, he or she will
forfeit the application fee and cannot
reapply for a license for a period
of 6 months from the date of the failed
third inspection or the expiration
of the time to request a third inspection.
Issuance of a license will be denied
until the applicant demonstrates upon
inspection that the animals, premises,
facilities, vehicles, equipment, other
premises, and records are in compliance
with all regulations and standards
in this subchapter.
§ 2.4 Non-interference
with APHIS officials.
A licensee or applicant
for an initial license shall not interfere
with, threaten, abuse (including verbally
abuse), or harass any APHIS official
in the course of carrying out his
or her duties.
§ 2.6
Annual license fees.
(a) For an initial
license, the applicant must submit
a $10 application fee in addition
to the initial license fee prescribed
in this section. Licensees applying
for license renewal or changed class
of license must submit only the license
fee prescribed in this section. The
license fee for an initial license,
license renewal, or changed class
of license is determined from table
1 or 2 in paragraph (c) of this section.
Paragraph (b) of this section indicates
the method used to calculate the license
fee. All initial license and changed
class of license fees must be submitted
to the appropriate Animal Care regional
office, and, in the case of license
renewals, all fees must be received
by the appropriate Animal Care regional
office on or before the expiration
date of the license.
(b)(1) Class "A"
license. The annual license renewal
fee for a Class "A" dealer
shall be based on 50 percent of the
total gross amount, expressed in dollars,
derived from the sale of animals to
research facilities, dealers, exhibitors,
retail pet stores, and persons for
use as pets, directly or through an
auction sale, by the dealer or applicant
during his or her preceding business
year (calendar or fiscal) in the case
of a person who operated during such
a year. If animals are leased, the
lessor shall pay a fee based on 50
percent of any compensation received
from the leased animals and the lessee
shall pay a fee based upon the net
compensation received from the leased
animals, as indicated for dealers
in Table 1 in paragraph (c) of this
section.
(2) Class "B"
license. The annual license renewal
fee for a Class "B" dealer
shall be established by calculating
the total amount received from the
sale of animals to research facilities,
dealers, exhibitors, retail pet stores;
and persons for use as pets, directly
or through an auction sale, during
the preceding business year (calendar
or fiscal) less the amount paid for
the animals by the dealer or applicant.
This net difference, exclusive of
other costs, shall be the figure used
to determine the license fee of a
Class "B" dealer. If animals
are leased, the lessor and lessee
shall each pay a fee based on the
net compensation received from the
leased animals calculated from Table
1 in paragraph (c) of this section.
. .
(4) In the case of
a new applicant for a license as a
dealer, broker or operator of an auction
sale who did not operate during a
preceding business year, the annual
license fee will be based on the anticipated
yearly dollar amount of business,
as provided in paragraphs (b)(1),
(2), and (3) of this section, derived
fiom the sale of animals to research
facilities, dealers, exhibitors, retail
pet stores, and persons for use as
pets, directly or through an auction
sale. . .
(c) The license fee
shall be computed in accordance with
the following tables:
Table 1. --Dealers,
Brokers, and Operators of an Auction
Sale-- Class "A" and "B"
License
| Over |
But not over |
Initial license fee |
Annual or changed class of license
fee |
| $0 |
$500 |
$30 |
$40 |
| 500 |
2000 |
60 |
70 |
| 2000 |
10,000 |
120 |
130 |
| 10,000 |
25,000 |
225 |
235 |
| 25,000 |
50,000 |
350 |
360 |
| 50,000 |
100,000 |
475 |
485 |
| 100,000 |
. . . |
750 |
760 |
§ 2.7 Annual
report by licensees.
(a) Each year, within
30 days prior to the expiration date
of his or her license, a licensee shall
file with the AC Regional Director the
an application for license renewal and
annual report upon a form which the
AC Regional Director will furnish to
him or her upon request.
(b) A person licensed
as a dealer shall set forth in his or
her license renewal application and
annual report the dollar amount of business,
from the sale of animals, upon which
the license fee is based, directly or
through an auction sale, to research
facilities, dealers, exhibitors, retail
pet stores, and persons for use as pets,
by the licensee during the preceding
business year (calendar or fiscal),
and any other information as may be
required thereon. . .
§ 2.8 Notification
of change of name, address, control,
or ownership of business.
A licensee shall promptly
notify the AC Regional Director by certified
mail of any change in the name, address,
management, or substantial control or
ownership of his business or operation,
or of any additional sites, within 10
days of any change.
§ 2.75 Records:
Dealers and exhibitors.
(a)(1) Each dealer. .
. shall make, keep, and maintain records
or forms which fully and correctly disclose
the following information concerning
each dog or cat purchased or otherwise
acquired, owned, held, or otherwise
in his or her possession or under his
or her control, or which is transported,
euthanized, sold, or otherwise disposed
of by that dealer or exhibitor. The
records shall include any offspring
born of any animal while in his or her
possession or under his or her control.
(i) The name and address
of the person from whom a dog or cat
was purchased or otherwise acquired
whether or not the person is required
to be licensed or registered under
the Act;
(ii) The USDA license
or registration number of the person
if he or she is licensed or registered
under the Act;
(iii) The vehicle license
number and State, and the driver's license
number (or photographic identification
card for nondrivers issued by a State)
and State of the person, if he or she
is not licensed or registered under
the Act;
(iv) The name and address
of the person to whom a dog or cat was
sold or given and that person's license
or registration number if he or she
is licensed or registered under the
Act;
(v) The date a dog or
cat was acquired or disposed of, including
by euthanasia;
(vi) The official USDA
tag number or tattoo assigned to a dog
or cat under §§ 2.50 and 2.54;
(vii) A description of
each dog or cat which shall include:
(A) The species and breed
or type;
(B) The sex;
(C) The date of birth or approximate
age; and
(D) The color and any distinctive markings;
(viii) The method of
transportation including the name of
the initial carrier or intermediate
handler or, if a privately owned vehicle
is used to transport a dog or cat, the
name of the owner of the privately owned
vehicle;
(ix) The date and method
of disposition of a dog or cat, e.g.,
sale, death, euthanasia, or donation.
(2) Each dealer and exhibitor
shall use Record of Acquisition and
Dogs and Cats on Hand (APHIS Form 7005)
and Record of Disposition of Dogs and
Cats (APHIS Form 7006) to make, keep,
and maintain the information required
by paragraph (a)(1) of this section:
Provided, that if a dealer or exhibitor
who uses a computerized recordkeeping
system believes that APHIS Form 7005
and APHIS Form 7006 are unsuitable for
him or her to make, keep, and maintain
the information required by paragraph
(a)(1) of this section, the dealer or
exhibitor may request a variance from
the requirement to use APHIS Form 7005
and APHIS Form 7006.
(i) The request for a
variance must consist of a written statement
describing why APHIS Form 7005 and APHIS
Form 7006 are unsuitable for the dealer
or exhibitor to make, keep, and maintain
the information required by paragraph
(a)(1) of this section, and a description
of the computerized recordkeeping system
the person would use in lieu of APHIS
Form 7005 and APHIS Form 7006 to make,
keep, and maintain the information required
by paragraph (a)(1) of this section.
APHIS will advise the person as to the
disposition of his or her request for
a variance from the requirement to use
APHIS Form 7005 and APHIS Form 7006.
(ii) A dealer or exhibitor
whose request for a variance has been
denied may request a hearing in accordance
with the applicable rules of practice
for the purpose of showing why the request
for a variance should not be denied.
The denial of the variance shall remain
in effect until the final legal decision
has been rendered.
(3) The USDA Interstate
and International Certificate of Health
Examination for Small Animals (APHIS
Form 7001) may be used by dealers and
exhibitors to make, keep, and maintain
the information required by § 2.79.
(4) One copy of the record
containing the information required
by paragraph (a)(1) of this section
shall accompany each shipment of any
dog or cat purchased or otherwise acquired
by a dealer or exhibitor. One copy of
the record containing the information
required by paragraph (a)(1) of this
section shall accompany each shipment
of any dog or cat sold or otherwise
disposed of by a dealer or exhibitor.
Provided, however, that, except as provided
in § 2.133(b) of this part for
dealers, information that indicates
the source and date of acquisition of
a dog or cat need not appear on the
copy of the record accompanying the
shipment. One copy of the record containing
the information required by paragraph
(a)(1) of this section shall be retained
by the dealer or exhibitor.
(b)(1) Every dealer other
than operators of auction sales and
brokers to whom animals are consigned,
and exhibitor shall make, keep, and
maintain records or forms which fully
and correctly disclose the following
information concerning animals other
than dogs and cats, purchased or otherwise
acquired, owned, held, leased, or
otherwise in his or her possession
or under his or her control, or which
is transported, sold, euthanized,
or otherwise disposed of by that dealer
or exhibitor. The records shall include
any offspring born of any animal while
in his or her possession or under
his or her control.
(i) The name and address
of the person from whom the animals
were purchased or otherwise acquired;
(ii) The USDA license
or registration number of the person
if he or she is licensed or registered
under the Act;
(iii) The vehicle license
number and State, and the driver's license
number (or photographic identification
card for nondrivers issued by a State)
and State of the person, if he or she
is not licensed or registered under
the Act;
(iv) The name and address
of the person to whom an animal was
sold or given;
(v) The date of purchase,
acquisition, sale, or disposal of the
animal(s);
(vi) The species of the
animal(s); and
(vii) The number of animals
in the shipment.
(2) Record of Animals
on Hand (other than dogs and cats) (APHIS
Form 7019) and Record of Acquisition,
Disposition, or Transport of Animals
(other than dogs and cats) (APHIS Form
7020) are forms which may be used by
dealers and exhibitors to keep and maintain
the information required by paragraph
(b)(1) of this section concerning animals
other than dogs and cats except as provided
in § 2.79.
(3) One copy of the record
containing the information required
by paragraph (b)(1) of this section
shall accompany each shipment of any
animal(s) other than a dog or cat purchased
or otherwise acquired by a dealer or
exhibitor. One copy of the record containing
the information required by paragraph
(b)(1) of this section shall accompany
each shipment of any animal other than
a dog or cat sold or otherwise disposed
of by a dealer or exhibitor; Provided,
however, That information which indicates
the source and date of acquisition of
any animal other than a dog or cat need
not appear on the copy of the record
accompanying the shipment. The dealer
or exhibitor shall retain one copy of
the record containing the information
required by paragraph (b)(1) of this
section.
