Here is another crosspost I found very very informative:
Crossposting encouraged.
Weblink at the end of the article for online exemption test.
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To many the proposed PAWS regulation is confusing, because of the
double negatives and the odd structure of the document. As an
engineer, I immediately recognized the logic employed in the
document-
not only AND and OR, but NAND and NOR (NOT AND and NOT OR). These
four logic conditions are the building block of every computer
circuit ever designed.
So I took it upon my self to diagram the regulation- not a simple
task. I believe I've got it right- and this should blow away a lot
of
the smokescreen coming from AKC and Santorum.
The logic flow chart is counter intuitive. Rather than starting at
the top and figuring out who a dealer is, it is more helpful to
figure out who gets exempted.
The Highest Level test is the "Pet Store" test. If you really are
a "Pet Store", this trumps all other exemptions.
However the pet store regulations include the basic definition of a
pet store, and then a definition of how a pet store can lose its
exemption. These are essentially nested logic loops, but can be
presented sequentially.
"PET STORE TEST"
ARE YOU A RETAIL PET STORE? IF YES PROCEED, IF NO GO TO FURRY ANIMAL
TEST
HAVE YOU SOLD ANY ANIMALS TO A RESEARCH FACILITY? IF NO PROCEED, IF
YES GO TO FURRY ANIMAL TEST
HAVE YOU SOLD ANY ANIMALS TO AN EXHIBITOR? IF NO PROCEED, IF YES GO
TO FURRY ANIMAL TEST
HAVE YOU SOLD ANY ANIMALS TO A DEALER? IF NO PROCEED, IF YES GO TO
FURRY ANIMAL TEST
HAVE YOU SOLD ANY DOG WHICH WAS IMPORTED FROM OUTSIDE THE UNITED
STATES IF NO PROCEED, IF YES GO TO FURRY ANIMAL TEST
AS A PET STORE, HAVE YOU SOLD ANY ANIMALS WHICH YOU HAVE BRED FOR
SALE TO THE PUBLIC AS PETS? IF NO PROCEED, IF YES GO TO FURRY ANIMAL
TEST
AS A PET STORE, HAVE YOU SOLD ANY HUNTING, SECURITY OR BREEDING
(INTACT) DOGS? IF NO PROCEED, IF YES GO TO FURRY ANIMAL TEST
AS A PET STORE, HAVE YOU SOLD ANY WILD ANIMALS? IF NO YOU ARE
EXEMPT,
IF YES GO TO FURRY ANIMAL TEST
Note that these regulations will restrict pet store to selling
spay/neutered pups of non-hunting breeds, and no imports. Every
thing
the AR folks want- to start with.
The next test is the "Furry Animal Test." This test is next, because
it is an AND test with both the 25 dog or cat test and the 6 litter
test. Both is disqualified if the furry animal limit of $500 is
exceeded. It is a sudden death test- no other exclusion is
available.
"FURRY ANIMAL TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDAR YEAR HAS DERIVED MORE THAN $500
GROSS INCOME (NOT PROFIT) FROM THE SALE OF WARMBLOODED ANIMALS SUCH
AS GUINEA PIGS, HAMSTERS, GERBILS, RABBITS, MONKEYS, FERRETS,
EXCLUDING DOGS, CATS, RATS AND LABORATORY MICE, FOR USE IN RESEARCH,
TEACHING, EXHIBITION (ZOO/CIRCUS) OR AS A PET? (INCLUDES RESCUE).
IF YES YOU ARE A DEALER, IF NO THEN GO TO THE SELL AT LEAST ONE
TEST.
The next major test in sequence is the "6 Litter test." This is next
in sequence, because the fallback to the 6 litter test is the 25
sale
test, however the reverse is not true.
However, both the six litter and 26 tests require that at least one
sale be made. So the next test is the "Sell at least one" test.
"SELL AT LEAST ONE TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDER YEAR HAS SOLD ONE OR MORE DOGS
OR CATS? IF YES GO TO THE SIX LITTER TEST, IF NO GO TO THE
BROKER/TRANSPORT TEST.
Ironically, a sale negotiator (broker) or transporter could become
exempt by selling one dog or cat a year. Probably not the intent of
the law, but that is how it is written.
There are a lot of disqualificati
ons for the six litter test OTHER
than the obvious litter count. I actually place these earlier in the
flowchart, because few people realize just how restrictive this is.
"SIX LITTER TEST"
WERE ALL OF THESE DOGS OR CATS SOLD BRED OR RAISED ON YOUR PREMISES?
IF YES PROCEED, IF NO GO TO THE 25 TEST
HAVE YOU SOLD ANY AT WHOLESALE? IF NO PROCEED, IF YES GO TO THE 25
TEST
HAVE YOU SOLD ANY TO SOMEONE WHO PURCHASED THE ANIMAL FOR A GIFT TO
SOMEONE ELSE? IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU SOLD TO ANYONE WHO BOUGHT THE ANIMAL WITH THE INTENT TO RE-
SELL IT? IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU SOLD TO ANYONE AN ANIMAL NOT FOR THIER OWN USE AND
ENJOYMENT? THIS COULD CONCIEVABLY INCLUDE SELLING TO ANYONE IN A
STATE OR LOCALITY THAT HAS ENACTED ORDINANCES CHANGING "OWNERS"
INTO "GUARDIANS". IF NO PROCEED, IF YES GO TO THE 25 TEST
HAVE YOU WHELPED MORE THAN 6 LITTERS OF DOGS OR CATS IN A YEAR? IF
NO
YOU ARE NOT A DEALER, IF YES GO TO THE 25 TEST
The next test is very simple. It is only confusing when the AKC
introduces the concept of "other dogs" which does not exist in the
regulations. You cannot raise 6 litters (48 pups) and sell 25
additional dogs (73 total). Likewise you can't sell 80 pups not of
your own, and then raise one litter of your own to gain an
exemption.
However you can raise 10 small litters and sell 24 pups.
"THE 25 TEST"
ARE YOU AN INDIVIDUAL OR OTHER LEGAL ENTITY (CO-OWNER, COMPANY,
ASSOCIATION) WHO DURING ANY CALENDER YEAR HAS SOLD MORE THAN 25 DOGS
OR CATS? (note that "sell" would include "for compensation of
profit"
which means that partial or full reimbursement for expenses is
included. THIS INCLUDES RESCUE.
IF YES YOU ARE A DEALER. IF NO YOU ARE EXEMPT.
Also note that the actual rule states "sell not more than 25 dogs or
cats." This implies that at least one sale is made, and is why these
did not just say sells less than 26. In logical terms, this would be
expressed: IF SALE >1 AND <25 THEN NOT DEALER. The importance of
this
will soon been seen.
If you did not pass the "Sell at least one test" earlier you were
told to go to the broker/transporter test. Of course, common
carriers
are exempt from the transport test. That basically leaves puppy
factories and rescuers.
BROKER/TRANSPORATION TEST
ARE YOU A PERSON OR LEGAL ENTITY (CO-OWNER, COMPANY, ASSOCIATION),
WHO NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMAL COVERED BY PAWS,
FOR COMPENSATION OR PROFIT? IF YES YOU ARE A DEALER, IF NO PROCEED
ARE YOU THE OPERATOR OF ANY REGULATED CARRIER ENGAGED IN THE
BUSINESS
OF TRANPORTING ANY ANIMALS FOR HIRE?
IF YES YOU ARE EXEMPT, IF NO PROCEED.
ARE YOU A PERSON WHO FOR COMPENSATION (INCLUDING REIMBURSEMENT) OR
PROFIT, DELIVERS FOR TRANSPORTATION, OR TRANSPORTS ANY OF THE
ANIMALS
COVERED BY PAWS? (THIS WOULD INCLUDE A PROFESSIONAL DOG HANDLER
TRANSPORTING HIS CLIENT'S DOG TO A SHOW OR TRIAL AND INCLUDES RESCUE
TRANSPORT WHEN ANY EXPENSES ARE REIMBURSED).
IF YES YOU ARE A DEALER, IF NO PROCEED.
For me, this is perhaps the most alarming part of PAWS other than
the
pet store restrictions. Spaniel field trials have both an Open and
Amateur division. Of course, most of those dogs run by the Pros
(most
of them part-time- they have weekday jobs) are owned by the
Amateurs.
Who will pay for the increased overhead forced on those pros- Air
conditioned dog trailers, kennels, a staffing? And these dogs may
run
on Saturday by a pro and on Sunday by the Amateur- who does not have
air conditioning. Nobody sends a dog to a pro that doesn't have an
idea of what the conditions at the pro's place will be.
This regulation will also apply to a RESCUE TRANSPORTER who gets
assistance for mileage (compensation).
However, as pointed out, by virtue of selling just one pup a year,
the rescue transporter, or sales negotiator (broker) or Pro Handler
can become exempt by just selling one pup a year. Perhaps they could
get a buddy and sell a dog back and forth every year; don't even
have
to relocate it.
THAT IS THE PAWS FLOWCART IN A NUTSHELL. Must be a cocoa-nut, it is
very big.
To help with understanding this, I have encoded the entire flowchart
into a website, so you can go step-by-step through the test. I would
suggest that you run through YOUR situation first and then think of
some others that you would like to test. It is very revealing.
http://smythwicks.org/paws-Bill Fawcett
smythwicks.org