Dear Ferret Folks-

This link will bring you to a document called "Licensing and
Registration Under the Animal Welfare Act Guidelines for Dealers,
Exhibitors, Transporters, and Researchers."

http://www.aphis.usda.gov/animal_welfare/downloads/aw/awlicreg.pdf

It states pretty clearly that:

"Many businesses that buy or sell warmblooded animals, exhibit them to
the public, transport them commercially, or use them in experiments
or teaching must be licensed or registered by the U.S. Department of
Agriculture (USDA). Normal farm-type operations that raise, or buy and
sell, animals only for food and fiber, and businesses that use only
fish and other coldblooded animals are exempt by law; those that use
only rats, mice, or birds are exempt by regulation. The rabbit business
is exempt from regulation if the rabbits are intended only for food or
fiber. If any rabbits are designated for use in the pet, exhibit, or
laboratory-animal trade, the business is regulated. Certain other types
of businesses are specifically exempt by law or regulation. No exempt
business has to be licensed or registered.

This pamphlet lists the major types of regulated and exempt businesses,
but it does not cover all cases. If in doubt about your status,
telephone or write the Regional Office of the USDA, Animal and Plant
Health Inspection Service (APHIS), Animal Care (AC) for your State (see
page 19). AC personnel will answer your questions and provide a copy
of the Code of Federal Regulations, Title 9, Chapter 1, Subchapter A,
which gives the legal requirements for businesses regulated by the
Animal Welfare Act.

If you are an owner or the person in charge of a regulated business,
the law requires you to be licensed or registered with USDA. Failure to
become licensed or registered is a punishable violation of the Animal
Welfare Act."

Here are the finacials for a Class A license from the "Animal Care
Resource Guide Dealer Inspection Guide" :

A dealer with a Class A license may conduct business involving:
[1.1]
* only animals that are bred and raised on his/her premises in a closed
or stable colony, and
* animals acquired for the sole purpose of maintaining or enhancing the
breeding colony

The following activities require a Class A license:
* selling of domestic dogs or cats to a
- pet shop
- broker
- dealer
- exhibitor
- research facility

NOTE: Persons with 3 or less breeding females are exempt.
* selling of 25 or more dogs or cats or any combination thereof to a
  research facility
* selling of more than $500 per calendar year of nondangerous pet
  type animals to a:
- pet shop
- broker
- dealer
- exhibitor
- research facility
* selling of any wild/exotic animals, excluding hoofstock, for:
- pets
- exhibition
- research:

And for the Class B:Class B License
A dealer with a Class B license may conduct business involving:
[1.1]
* animals bred and raised on his/her premises
* the purchase and/or resale of any regulated animal NOTE: A license is
required whether or not the dealer takes physical possession or control
of the animal.
* negotiating the purchase or sale of any regulated animal
* the exhibition of regulated animals as a minor part of his/her
business
* the transportation in commerce for compensation animals not bred and
raised on his/her premises

NOTE: A Class A dealer who wants to transport for compensation animals
other than his/her own animals must change to a Class B license.

The following activities require a Class B license:
* wholesale selling of domestic dogs or cats to a
- pet shop
- broker
- dealer
- exhibitor
* wholesale selling of dogs for:
- hunting
- security
- breeding
* wholesale selling of dogs or cats to a research facility
* wholesale selling of more than $500 per calendar year of
non-dangerous pet type animals to a:
- pet shop
- broker
- dealer
- exhibitor
- research facility
* wholesale selling of pet animals by a pet store
* selling of wild/exotic animals by a pet store
* transporting in commerce for compensation animals not bred and raised
  on the transporter's premises.

NOTE: A Class A dealer who wants to transport for compensation animals
other than his/her own animals must change to a Class B license.
* operating a wild/exotic animal auction
* wholesale selling of any wild/exotic animals for:
- pets
- exhibition
- research
* acquiring live covered animals which subsequently die or are
euthanized and selling the animals for:
- research
- teaching
- exhibition

The full text I just quoted from can be found here:

<http://www.aphis.usda.gov/animal_welfare/downloads/manuals/dealer/requirements.pdf>

I am not a lawyer. It seems pretty clear to *me* on the face of things
that Caroline Ferrets was required to get a license, was told by an
inspector point blank on a Dec. 21st, 2007 visit that Caroline Ferrets
was *not* one of the businesses that would be exempt from licensure,
attempted and failed to get a license several times, and was finally
cited with "Failure to: Obtain an USDA license while operating as a
dealer" in early in 2008.

I do not know what happened after 2008. I do not know what Carolina
Ferrets is doing now at all.

Alexandra in MA
Happy to sign her name.

[Posted in FML 6807]