USDA Information
For Short-Tailed Opossums and Exotic Pets
About USDA
USDA Website
USDA stands for the U. S. Department of Agriculture and was founded in 1842. The USDA is involved in the national forests, water/soil/wildlife conservation, the safety of meat/poultry/egg products, and oversees other agriculturally-related products and issues. Most people other than hobby breeders who breed and sell STO must be licensed by the USDA.
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About APHIS
APHIS Website
APHIS stands for the Animal and Plant Health Inspection Service, and are an agency of the USDA. They are involved in U.S. agricultural health, the Animal Welfare act, and wildlife damage management. They deal with animal import requirements between countries and states, and so are involved in transporting STO between states. They enforce the Animal Welfare Act which requires individuals or facilities selling exotic animals, such as STO, to have a USDA license.
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USDA/APHIS Regulations As Of 06/2006
Short-tailed opossums are an exotic animal according to the USDA, because they are not native to the USA. It does not matter how many generations the STO have been bred in this country, they are still exotic animals.
Because they are exotics, the only breeders who don't need a USDA license to breed and sell STO are very, very small scale "hobby" breeders who have less than 3 total breeding female dogs, cats or small exotics.
- Anyone who buys a short-tailed opossum does not need a license to purchase and own a STO.
- Anyone who sells a short-tailed opossum (and has more than a total of 3 breeding female dogs, cats and/or small exotics) does need a license.
- Any retail pet store selling short-tailed opossums needs a USDA license. Because STO are exotics, retail pet stores are not exempt from USDA licensing.
Anyone involved in these activities with short-tailed opossums should check with the USDA about whether they need a USDA license:
- Dealing
- Breeding
- Performing research
- Transporting
- In Commerce
The USDA recommends anyone thinking of exhibiting, dealing, selling or brokering STO to contact the western or eastern regional office. All licensing and registrations are done at the regional offices.
From The USDA:
This is from their July 14, 2004 notice:
"2.1.a.3.(iii) Any person who maintains a total of three (3) or fewer breeding female dogs, cats, and/or small exotic or wild mammals, such as hedgehogs, degus, spiny mice, prairie dogs, flying squirrels, and jerboas, and who sells only the offspring of these dogs, cats or small exotic or wild mammals, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license. This exemption does not extend to any person residing in a household that collectively maintains a total of more than three breeding female dogs, cats, and/or small exotic or wild mammals, regardless of ownership, nor to any person maintaining breeding female dogs, cats, and/or small exotic or wild mammals on premises on which more than three breeding female dogs, cats, and/or small exotic or wild mammals are maintained, nor to any person acting in concert with others where they collectively maintain a total of more than three breeding female dogs, cats, and/or small exotic or wild mammals regardless of ownership;"
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USDA Frequently Asked Questions
These are my answers to the best of my understanding as of 12/2004. Please contact the USDA if you want to make sure they are still accurate.
1. Do I need a USDA license to buy a pet STO?
2. I am about to buy a STO from someone who doesn't have a USDA
license. Is this okay?
3. Doesn't the USDA only license wholesale pet stores, not retail pet stores?
4. I heard I don't need a USDA license to sell STO directly to a
pet owner or breeder, is this true?
5. Don't hobby breeders only need a USDA license for selling
more than $500 worth of animals per year?
6. What if I give away my pet STO for free? Does that need a
USDA license?
7. Can I get around the USDA licensing by charging an
"adoption fee" and not calling it "selling"?
1. Do I need a USDA license to buy a pet STO?
No, you do not need a USDA license just to buy and own a pet STO. According to a USDA/APHIS representative:
"For just simple pet ownership, no license is required."
2. I am about to buy a STO from someone who doesn't have a USDA license. Is this okay?
The only exemption from a USDA license for selling STO is a "hobby breeder" who has fewer than 3 breeding female dogs, cats and/or small exotics. To be safe, if the seller does not have a USDA license, I would ask for a provable explanation that they do not need one.
Some common sense guidelines help with this. If you're dealing with a pet store selling short-tailed opossums without a USDA license, definitely check into them. But if you seem to be dealing with somebody who seems very small scale and is only selling 1 or 2 animals then they may not need a USDA license - however if they're offering a dozen different types of exotic pets without a USDA license, check more closely.
3. Doesn't the USDA only license wholesale pet stores, not retail pet stores?
STO are exotic, so any store selling STO (or any other exotic) are required to have a USDA license.
4. I heard I don't need a USDA license to sell STO directly to a pet owner or breeder, is this true?
The regulation involves the number of breeding females you have, not who you sell to.
- If you have less than 3 breeding females (dogs, cats, small exotics), you do not need a USDA license to sell to anyone.
- If you have more than 3 breeding females (dogs, cats, small exotics), then you do need a USDA license to sell to anyone (owner, breeder, retailer, wholesaler, anyone).
5. Don't hobby breeders only need a USDA license for selling more than $500 worth of animals per year?
No, that is no longer true. The limit involves the number of breeding animals, not their value.
6. What if I give away my pet STO for free? Does that need a USDA license?
My understanding is that yes, you may give away your STO for free. The USDA usually gets involved when money is involved. Keep in mind though, this refers to really free, not trying to be sneaky by saying the STO is free then charging an adoption fee (see below).
7. Can I get around the USDA licensing by charging an "adoption fee" and not calling it "selling"?
Nope. The USDA is too smart to fall for that obvious ploy!
