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Posted: Mon Nov 17, 2003 11:19 pm
by luvmysliders
I live in Jersey and everyone says that my RES are illegal? Why are they illegal? I was told disease? Am i at a risk?

Re: illegal?

Posted: Tue Nov 18, 2003 12:47 am
by deesygirl
You will have to check the laws in your state.

Here is the information regaurding federal regulations:
Sec. 170.100 Turtles - Ban on Interstate and Intrastate Sales and Distribution (CPG 7129.01)


Turtles may carry Salmonella genus (including Salmonella arizona strains) bacteria and may transmit these bacteria to humans, causing salmonellosis. Salmonellosis is characterized by severe gastrointestinal symptoms (abdominal pain, nausea, fever, and diarrhea) and occasionally results in death.


The sale or commercial distribution of viable turtle eggs and small turtles (carapace length less than 4 inches) for use as pets is banned under 21 CFR 1240.62. The ban is based on the Public Health Service Act (section 361, 58 Stat. 703) and therefore applies to both intrastate and interstate sale and distribution. Exceptions to the ban under 21 CFR 1240.62 permit sales of turtles and turtle eggs for use in bona fide scientific, educational, or exhibitional purposes other than as pets and of marine (ocean) turtles. 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) or that are intended only for export. The ban applies to small turtles (under 4 inch carapace length) because these are most likely to be held for sale as children\'s pets, and the purpose of the ban is to protect children from turtle-born salmonellosis.

FDA will respond to consumer and state and local government complaints. If illegal turtles are encountered during the course of regular FDA activities appropriate action should be taken. If illegal pet turtles are found in distribution channels, the following are recommended:

1. Determine whether the State or local government has regulations controlling turtles. If so, they should be encouraged to assume primary responsibility and report the source or subsequent distribution of the turtles outside their jurisdiction to FDA for appropriate followup. If a State or local government is unable or unwilling to take appropriate action, FDA will assume primary responsibility for the investigation.

2. Advise the person or persons who are offering for sale, or other commercial distribution, turtles with a carapace length of less than four (4) inches in length or viable turtle eggs, that they are in violation of 21 CFR 1240.62. Provide a copy of the regulations to the person in charge.

3. Determine, if possible, the source and subsequent distribution of illegal turtles. Send surveillance reports to the home districts of the turtle suppliers and distributors and report sub-distribution so that followup may be made to effect removal of turtles from distribution. Also, report purported &quotlegal\"distribution under the exceptions listed in 21 CFR 1240.62 (e.g., shipments to pet stores invoiced as &quotfor scientific purposes\" so that investigations can be made of diversions to pet sales.

4. Encourage appropriate voluntary disposition whenever possible (see paragraph 6).

5. If voluntary disposition cannot be obtained, issue a Demand for Disposition letter. If sale or distribution of turtles or turtle eggs in violation of 21 CFR 1240.62 has already been documented by a State or local government agency, the Demand for Disposition letter may be issued on that basis. (For a guide for preparation of the Demand for Disposition letter see Attachment A.) After service of the Demand for Disposition, take all reasonable precautions to insure that the person in possession of the turtles or turtle eggs will not sell, distribute, or otherwise dispose of any of the turtles or turtle eggs except in a manner that precludes children obtaining the turtles.

6. Any reasonable voluntary or on-demand method of disposition that accomplishes the goal of removing small turtles from general sale, or distribution is acceptable (e.g., donation to a zoo). The Humane Society may be willing to supervise release to the wild in an appropriate habitat. Destruction of the turtles by FDA personnel at the district office using a humane method is indicated if an acceptable alternative method of disposition is not available. Because turtles are &quotcold blooded,\"freezing is a humane method of destruction.

7. Following destruction, the turtles should be disposed of in a manner to preclude spread of any contaminating organism.

8. Forward a copy of the investigation (including the source, any subsequent distribution and disposition) to *CFSAN/Office of Field Programs/Division of Enforcement (HFS-605)*.


If a dealer refuses to comply after receiving the Demand for Disposition letter (Attachment A), and evidence is obtained that turtles continue to be held for sale or distribution in violation of 21 CFR 1240.62, *CFSAN/Office of Field Programs/Division of Enforcement (HFS-605)* should be contacted before submission of a regulatory action proposal.