As a result of years of experience in fighting bad legislation instigated by animal rights (AR) groups such as the Humane Society of the United States (HSUS), ASPCA, PETA and others, many do not feel comfortable with a "wait and see" strategy regarding APHIS' implementation of the recent USDA Pet Store Rule. This rule changes the definition of retail pet store in that anyone who maintains more than four females capable of being bred, of all regulated species, must be licensed as a USDA dealer if they sell ANY pet sight unseen, or if they sell a pet that was not born and raised on their premises.
•Please note that regulated species include dogs, cats, rabbits, ferrets, and other animals kept as pets, and the threshold for licensing is more than four females of these species. There is current confusion as to whether this is a total of all cited species or not, due to latest APHIS webinar. However, all "breedable females" on the breeder's premises are counted, regardless of ownership. USDA licensed pet breeders are subject to unscheduled inspections and steep fines for being found out of compliance with the extensive federal standards for housing and caring for pet animals.
It is felt that opposing this rule on a legal basis is the best strategy for all clubs, organizations, businesses and individual breeders/owners at this point. The facts that:
•the changes are in confusing language, with APHIS often mis-quoting themselves, causing more confusion, and
•the fact that there were flaws in the procedure used to amend the rule
provide the best chance of stopping its implementation by legal injunction and continuing suit. The confusing language and intent by APHIS to cover all complaints/inspections/infractions on a "case by case" basis, as well as the use of the "anonymous complaint" online form (posted to facilitate the identification of breeders that may engage in activities regulated by the rule and therefore need to be licensed) leaves thousands of breeders at great risk of being targeted. We believe that a "wait and see" strategy will result in the loss of thousands of breeders, trainers, handlers and more that will merely opt to "quit" their businesses or hobbies, rather than being forced to comply with this Rule before any "change" to the Rule can be made. This plays right into the hands of Animal Rights extremists, whose ultimate agenda is "no animal use."
Please consider standing with us: http://www.keepourdomesticanimals.com/


WHAT IS AN INJUNCTION?
Simply put, an injunction blocks implementation of the rule. The first step is a temporary injunction. The motion for an injunction launches the lawsuit. The process then continues with each side presenting the merits of its case in detail to the courts. If the court agrees with the plaintiffs, a permanent injunction can be granted. In this case, if this does not happen, we fully intend to continue the suit beyond the injunction phase.

ADCNYS has pledged the first $1000 toward the effort and will be the first named plaintiff in filing for an injunction to halt implementation of the recently amended APHIS rule. Other clubs, organizations, and individual breeders are following suit.

NOTE: Organizations only are named as plaintiffs, and are urged to pledge both name and monetary support; while donations from individuals are badly needed as well, their donations can be earmarked either in the name of a club or organization, or to a general injunction fund.

•NOTE: Legal fees by lead attorney are pro-bono; retainer and continuance funding is for DC attorney that will file and pursue the suit.

copied from http://www.keepourdomesticanimals.com/