Breed-specific Bans, Tax Holidays And Other Pet-related Legislation You Should Know About
Mike Bober
IMAGINE IF A breed ban targeted brachycephalic dogs and cats in the U.S. Or if pet products were included in sales tax holidays. This year’s Pet Advocacy Network (PAN) Town Hall, from 4 to 5 p.m. at the Show Floor Talks Stage, builds off the success of 2023’s inaugural session. It will again feature a panel of pet-care professionals from product manufacturing, retail and live animal supply, who will discuss how recent and upcoming legislation could affect the pet business community if or when enacted.
Says PAN President and CEO Mike Bober, “Legislation has profoundly positive and negative impacts on the responsible pet-care community, and staying informed is essential for navigating these changes and protecting animal well-being and the health of your business.”
The panel will discuss many of the big issues seen this year.
NEW USDA REQUIREMENTS FOR BIRD BREEDERS
The USDA Animal and Plant Health Inspection Service (APHIS) established new licensing requirements and welfare standards for birds in February 2023, to “ensure the humane handling, care, treatment and transportation of birds regulated under the Animal Welfare Act.” Previously licensed or registered facilities had to be compliant by Aug. 21, 2023, and new licensees or registrants by Feb. 21 of this year.
Bober says, “August marks six months since licensure requirements took full effect. This is a good time to take stock of the effect they’ve had on availability of birds and impact on avian products and supplies.”
How it may affect pet retailers: The new ruling applies to live animal distributors and bird breeders. Brick-and-mortar retail stores are exempt from AWA regulations, as long as they don’t sell “exotic” birds (most don’t) and the birds they do sell are in face-to-face transactions. If a store sells birds via online/shipping, it’ll be subject to APHIS licensing and inspection.
Also, if one sells 200 or fewer birds weighing less than 250 grams (such as popular pet birds like budgies, cockatiels, conures and finches) or eight or fewer pet birds weighing more than 250 grams (such as African greys, Amazons, cockatoos and macaws), the seller falls under de minimis exceptions (so minor as to be disregarded).
Complying with the licensing requirements will make things run less smoothly until everything is figured out. The impact on aviculturists could cause fewer birds to be bred, which affects retailers who sell them and diminishes the number of new pet bird owners. Fewer pet bird owners means fewer pet bird supplies being sold.
AdvertisementINCLUSION OF PET PRODUCTS IN SALES TAX HOLIDAYS
Becoming more popular with local and state governments, sales tax holidays are when selected goods are exempted from state/local taxes for a period (days, weeks or months) to encourage consumer spending.
Bober points out, “Sales tax holidays present a great opportunity for both retailers and consumers by making essential pet products more affordable, especially in times of crisis.”
How it may affect pet retailers: It gives them another tool to reach customers, particularly to purchase items that are musts for pets, such as first-aid supplies. For example, Florida’s governor signed off on adding pet supplies to the state’s disaster-preparedness tax holidays, which include everything from pet food (of a certain weight limit) to carriers to over-the-counter pet medications. The holidays run from June 1 to 14 and Aug. 24 to Sept. 6. The goal would be to have every state adopt a version of this.
BREED-SPECIFIC LEGISLATION BASED ON TRAITS
Bill HB 1102-FN was introduced in New Hampshire in February 2024 by Rep. Ellen Read. It aims to ban the breeding and sale of brachycephalic dogs and cats, the first of its kind in the U. S. Some European countries have already created laws to restrict or ban breeding for traits such as large skin folds, hairlessness or snub noses, arguing that these cosmetic traits are inherently associated with health issues.
“Legislation that targets entire breeds is a misguided way to address issues of animal health and well-being — science and data should drive decisions like these. To make matters worse, the language in these bills is vague and could be used to ban dozens of the country’s favorite breeds, severely limiting prospective pet owners’ choice,” Bober says.
How it may affect pet retailers: Those who sell dogs and cats and those who sell products for and about those breeds, particularly boutique products, would be affected. There are more than 20 dog breeds that fall under the brachycephalic classification, including two of the American Kennel Club’s 10 most popular dog breeds of 2023: French Bulldog and Bulldog. More than 10 cat breeds fall under the brachycephalic classification, including the popular Persian and Exotic Shorthair.
FEDERAL FARM BILL AND PET-RELATED PROVISIONS STATUS
The large, comprehensive Farm Bill outlines U.S. agricultural and food policies. Developed and passed every five years for the past 100, the 2018 Farm Bill was extended to 2024 and will soon be expiring. Signed into law by President Trump in December 2018, it included three new provisions regarding companion animals: the Dog and Cat Meat Trade Prohibition Act, PAWS Act (Pet and Women Safety) and PACE Act (Parity in Animal Cruelty Enforcement).
At press time, the House and Senate Agriculture Committees have been working on their prospective frameworks and may be voting soon. New changes could impact companion animals, and more details should be available at the session.
Bober says, “Big pieces of legislation like the Farm Bill often contain both positive and negative provisions that can have far-reaching effects on animal welfare and the pet-care community.” He adds, “We’re working to ensure the best outcomes for all as negotiations play out this summer.”
How it may affect pet retailers: This will be an important part of the PAN Town Hall discussion — what those changes may be and how they will affect retailers. Topics of interest to the pet care community include:
- Funding to keep pets and their people together in domestic abuse and homeless sheltering situations
- Increased oversight and protections regulating the importation of dogs from overseas
- Concerns about changes to the way inspections are carried out and violations are cited
UNIFORM NATIONAL LABELING REQUIREMENTS FOR PET FOOD
In February 2024, Rep. Jake LaTurner of Kansas, Rep. Henry Cuellar of Texas and Rep. Steve Womack of Arizona introduced the Pet Food Uniform Regulatory Reform Act of 2024 (PURR Act) in the House. It would create uniform standards for cat and dog food labels across the country.
Bober says, “Uniform labeling standards would provide clarity and peace of mind to consumers across the country while allowing pet food manufacturers to streamline their packaging, avoiding a patchwork of disparate regulations.”
How it may affect pet retailers: The hope is that the PURR Act would allow pet food manufacturers to spend less time and resources on regulatory red tape and more on research and innovation in their products. With consumers used to a large degree of innovation in their own human food, they expect the same for their family pets. If pet food manufacturers dealt with just one regulatory system, they could hopefully provide retailers new products with innovative ingredients faster.
GET INFORMED
Legislation affects all in the pet industry, from our personal lives to our livelihoods. These are just a few current or pending legislation that may affect retailers and the rest of the pet product and services community.
Bober advises, “Being informed about legislative changes and engaged with lawmakers is key to maintaining a successful business in the responsible pet-care community.”
SESSION DETAILS
“Pet Advocacy Network Town Hall”
4-5 p.m. Wednesday. Mike Bober, president of PAN, will moderate the panel of Sandy Moore, president of new business development at Segrest Farms; Keryn Rod, chief operating officer of Waggles Puppy Boutique; and Jeff San Souci, director of marketing for Rolf C. Hagen USA Corp.
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