Actually hobbyist are excluded if you read the letter that the FDA responded to a Request for review a few years ago. just read below and judge for yourself....



2. Turtles as an “Adult” Hobby

Your petition states that: “[kleeping of turtles has become an adult hobby. Turtle

organizations have sprung up all over the country to educate the public concerning the

keeping, care, and conservation of turtles and tortoises.”

This argument does not provide sufficient justification for amending 2 1 CFR 1240.62.

This regulation already provides an exception in 2 1 CFR 1240.62(d)( 1) for turtles owned

for bona fide scientific, educational, or exhibitional purposes. In establishing this

exception, the FDA determined that these situations will not present a significant public

health hazard since the scope of the exception is limited to a specific segment of society

consisting of experts in the field who are fully aware of the contamination problems

associated with turtles and the precautions required to prevent such contamination (40 FR

22545; May 23, 1975). Further, 21 CFR 1240.62 does not prohibit adult hobbyists from

owning or making an occasional sale to another hobbyist, as long as such sales are not so

frequent as to make the seller a dealer. 21 CFR 1240.62(d)(2). Therefore, the fact that the

keeping of turtles may be an adult hobby is not adequate grounds for amending the

regulation as you propose since hobbyists already are excepted from the regulation.

Finally, your petition presents no evidence regarding the content and the extent of

educational efforts of these “turtle organizations,” how many members of the general

public have been exposed to these efforts, or how many members of the general public

understand and are likely to follow the recommendations of these organizations.

3. Cost to Raise Rare Turtle Species

You assert that “[mlany rare species are being bred in captivity in this country and the

distribution of these turtles to responsible individuals becomes quite a hardship because of

the cost and time to raise them to four inches. Some species are adults at only 4 inches.”

This argument does not provide sufficient justification for amending 21 CFR 1240.62. As

discussed above, individuals and groups can sell, hold for sale, or distribute turtle eggs and

turtles with a carapace length of less than four inches for bona fide scientific, educational,

or exhibitional purposes. If one is raising rare turtle species and one has a bona fide

scientific, educational, or exhibitional purpose for selling, holding for sale, or distributing

them, then the current regulation already,exempts this conduct from the sale prohibition.

In addition, the FDA has previously stated.that the agency will consider petitions to amend

the turtle sale prohibition to permit the sale of identified species, if it can be demonstrated

that the species are so rare and expensive as to be of interest only to turtle hobbyists (40 FR

22545; May 23, 1975). However, your petition does not specify any particular turtle

species nor present any evidence that such species are so rare and expensive as to be of

interest only to turtle hobbyists.



so this comes from the FDA themselves so it looks like to me hobbyist are excluded yes?????



THE ROADRUNNER

[ Show Entire Thread ]