Subpart 2A - Licensing Flashcards
Who must apply for a license? How old must they be? What is the cost?
Dealer, exhibitor, or operator of an auction sale (unless exempt). Must be 18 or older. $120.
What information must be included on the license application?
- Name
- Valid mailing address
- Valid address for all locations, facilities, premises, or sites where animals, animal facilities, equipment, and records are held, kept, or maintained
- Anticipated max number of animals on hand at any one time during the period of licensure
- Anticipated type of animals to be owned, held, maintained, sold, or exhibited, including those animals leased, during the period of licensure
- If an exhibitor, whether the person intends to exhibit any animal at any location other than the person’s locations listed pursuant to 3.
- Disclosure of any plea of nolo contendere (no contest) or finding of violation of Federal, State, or local laws or regulations pertaining to animal cruelty of the transportation, ownership, neglect, or welfare of animals
Who is except from licensing?
- Retail pet stores
- Any person who sells or negotiates the sell of any animals, except wild or exotic animals, dogs, or cats, and who derives no more than $500 gross income from the sale of such animals during any calendar year
- Maintains a total of four or fewer breeding female pet animals, small exotic or wild mammals, and/or domesticated farm-type animals and sells only the offspring of these animals, which were born and raised on their premises, for pets or exhibition. Exemption does not extend to any person residing in a household, or on the premises, or actively in concert with otherers where they collectively maintains a total of more than four of these breeding animals, regardless of ownership.
- Sells 200 of fewer pet birds 250 grams or less and/or sells 8 or fewer pet birds more than 250 grams annually, as determined by average adult weight of the species, that were born and raised on their premises for pets or exhibitions. Exemption does not extend to any person residing in the household, regardless of ownership.
- Sell fewer than 25 dogs and/or cats per year, born and raised on his or her premises, for research, teaching, or testing or to any research facility. Household exemption and acting in concert exemptions. Sale of any dog or cat nor born and raised on the premises for research requires a license
- Arranges for or transports animals solely for breeding, exhibiting in purebred shows, boarding, grooming, or medical treatment
- Buys, sells, transports, or negotiates the sale, purchase, or transportation of any animals used only for the purposes of food, feathers, skin, or fiber
- Maintains a total of eight or fewer pet animals, small exotic or wild mammals, and/or domesticated farm-type animals for exhibition. Acting in concert exemption applies.
- Maintains a total of four or fewer raptors for exhibition and holds a valid permit from US FWS. Acting in concert exemption applies.
- Buys animals solely for his or her use of enjoyment and does not sell or exhibit animals.
How many licenses can one person hold? Licenses are specific to what? How many days in advance must a licensee notify Animal Care and obtain a new license before any change in the name, address, substantial control or ownership of business or operation, locations, activities, and number or type of animals?
One license per person. Licenses issues to specific persons for specific activities, types, and numbers of animals, and approved sites. New license must be obtained on change of ownership, location, activities, or animals. Notify Animal Care no fewer than 90 days previous.
Licenses authorize animals in what increments?
Increments of 50 animals on hand at any single point. Must obtain a new license before any change resulting in more than the authorized number of animals on hand at any single point in time during the period of licensure.
Licenses must specifically authorize the use of what groups of animals?
Group 5 (Baboons and nonbrachiating species larger than 33 pounds) and Group 6 (great apes over 55 pounds and brachiating species) NHPs
Exotic and wild felids
Hyenas and/or exotic and wild canids
Bears
Mega-herbivores
When must an applicant make their animals, locations, facilities, vehicles, equipment, and records available for inspection?
During business hours and at other times mutually agreeable to the applicant and APHIS.
Does APHIS inspect a site prior to licensure? If the first inspection reveals that the applicants animals, premises, facilities, vehicles, equipment, locations, or records do not meet the applicable requirements of the subchapter, what is provided? What can the applicant request, within what number of days?
Yes. APHIS will advise applicant of existing deficiencies and corrective measures that must be completed to come into compliance. An applicant who fails can request up to two more inspections. This request must be within 60 days following the first inspection.
What happens if the applicant fails the third and final prelicense inspection? When must this be received, and in what time will they receive a response?
May appeal all or part of the inspection findings to the Deputy Administrator. Appeal must be received by Deputy Administrator within 7 days of the applicant receiving the third prelicense inspection report. Within 7 days of receiving an appeal, the Deputy Administrator will respond to notify the applicant whether APHIS will issue a license or deny application.
What happens in an applicant fails inspection, fails to request reinspections within the 60-day period, or fails to submit a timely appeal of the third prelicense inspection report?
Applicant 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.
How long is a license valid for?
3 years, unless revoked, suspended, or terminated.
When can the Deputy Administrator issue a temporary license? When does it expire? What does this require?
To an applicant whose immediately preceding 3-year-license has expired. Expires after 120 days. Requires: Applicant submits appropriate expiration from before the expiration date of the preceding license, the applicant had no noncompliances with the Act and the regulations and standards documented in any inspection report during the preceding period of licensure.
A person who seeks the reinstatement of a license that has expired or terminated must follow what procedures?
Those applicable to new applicants.
A license that is invalid should be surrendered to who?
Deputy Administrator. If it cannot be found, the licensee shall provide a written statement so stating to the deputy administrator
What occurs to people who were an officer, agent, or employee of a licensee whose license has been suspended or revoked or who was responsible for or participated in the activity upon which the order of suspension of revocation was based?
They will not be licensed or registered as a carrier, intermediate handler, dealer, exhibitor, or research facility within the period during which the order of suspension or revocation is in effect.
