Tess, I respect the information you have put out in the past, but I have to disagree. it is not across the board illegal. the question of any illegality would hinge upon the requirement that you met the definition of a "business" for federal commerce purposes. I know a bit about herps...I know even more about law.
relevant excerpts:
[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.62]
[Page 673-675]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)
PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents
Subpart D--Specific Administrative Decisions Regarding Interstate Shipments
Sec. 1240.62 Turtles intrastate and interstate requirements.
(a) Definition. As used in this section the term "turtles" includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermochelyidae and Chelonidae).
(b) Sales; general prohibition. Except as otherwise provided in this section, viable turtle eggs and live turtles with a carapace length of less than 4 inches shall not be sold, held for sale, or offered for any other type of commercial or public distribution.
(d) Exceptions. The provisions of this section are not applicable to:
(1) The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide scientific, educational, or exhibitional purposes, other than use as pets.
(2) The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business.
(3) The sale, holding for sale, and distribution of live turtles and turtle eggs intended for export only, provided that the outside of the shipping package is conspicuously labeled "for export only."
(4) Marine turtles excluded from this regulation under the provisions of paragraph (a) of this section and eggs of such turtles.
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"A man that should call every thing by it's right name, would hardly pass the streets without being knocked down as a common enemy."
The Complete Works of Goerge Savile, First Marquess of Halifax, 1912.