I read through the laws.. and considering there has to be tons of tortoise owners with hatchlings or juevenils under 4".. i dont think the law can be enforced too well. But i was just wondering if anyone has had trouble with the law. And how come Sulcatas seem to be above this law but no other species?
2007-02-26 10:12:33 · 5 answers · asked by Anonymous in Pets ➔ Reptiles
There is no "federal law". It is a federal "regulation", which is not the same thing! A federal regualtion is not enforceable against private citizens, only agencies, corporations, and the like. This regulation is only enforceable against commercial dealers of turtles and tortoises dealing in the commerce of such.
The commerce regulation is: Title 21 CFR ( Code of Federal Regulation ) Section 1240.62.
Excerpt from the FDA website: "Other exceptions to the ban are the sale of turtles and turtle eggs not in connection with a business (e.g., limited sales between turtle fanciers have been permitted)"
http://www.fda.gov/ora/compliance_ref/cp...
The reason they have been "permitted" is because they can't legally stop it ayway. A federal regulation has no force of law on private citizens. If it had force of law on actually real people...then it would be a USC ( United States Code-statute law ) instead of just a CFR.
Nothing can happen to you for buying a baby turtle or tortoise. It's completely legal on your part. Only a person importing or engaged in the regular business of selling turtles and tortoises need worry about the "regulation" becasuse they are subject in their licensing, insurance, etc. to the FDA, Commerce Dept., and other "regulatory" agencies.
I hope this settles the misunderstanding many have about this so-called "law".
2007-02-26 22:02:32 · answer #1 · answered by Fireside3/Phrynosoma-Texas 4 · 1⤊ 0⤋
The federal law is pretty toothless. If anything DOES happen, it will be to the seller, not the keeper. (Local laws might pursue the keeper, however.)
Sulcatas enjoy no special protection. You are just seeing a local phenomena, probably just a temporary overabundance of Sulcatas.
2007-02-26 21:43:57 · answer #2 · answered by Madkins007 7 · 0⤊ 0⤋
As far as I know, the laws state that you can not SELL a turtle under 4 inches, not that you can't own one. In my state (IL) anyway, you can still get away with selling them as long as you aren't affiliated with a standing business. A pet shop couldn't sell one, but I myself could sell them if I wanted to... So can breeders. It's really pretty poorly enforced. It is here anyway.
2007-02-26 18:46:56 · answer #3 · answered by snake_girl85 5 · 1⤊ 0⤋
It all depends on your state and the speies o Turtle or tortise. In TX there are alot of laws regarding the capture and sale of local reptiles native to TX. There is alot of red tape and paperwork one must go through in order to just sell red eared sliders here. You have to search your state and municipality laws regarding exotics.
2007-02-26 19:42:26 · answer #4 · answered by brooklyn 3 · 0⤊ 0⤋
I don't think so. Look it up in google.com, yahoo.com, or dogpile.com
2007-02-26 18:25:12 · answer #5 · answered by innocentsmile56 2 · 0⤊ 0⤋