Posted by:
darthjadden
at Mon Aug 11 16:08:29 2008 [ Email Message ] [ Show All Posts by darthjadden ]
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
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RE: IL Press: Trial begins for turtle se - darthjadden, Mon Aug 11 16:08:29 2008