Are baby red eared sliders illegal in the US and why?

I have one and i just read in an email that they are but i just want some back up info. i dont think they are because then buisnesses wouldn't be selling them but i dont know

Are baby red eared sliders illegal in the US and why?
All depends on the state you are in. In most states, it is illegal to sell any turtle with under a 3-4 inch carapace due mainly to health (salmonella) reasonings. In WI, it is legal to sell them when over 4 inch carapace.





Businesses do sell things illegally. A pet store here was selling a baby sturgeon (threatened ancient fish). Those grow up to 7 feet long and do not even reach adulthood until 40 yrs or so.


Local pet stores have even sold baby rattlesnakes, which is illegal in my state to sell to someone without a permit. The 16yr old that was buying one could not have legally possessed a permit.


In Wisconsin, the red eared sliders you can buy are always over a 3-4 inch carapace to follow federal laws.
Reply:i manage a petstore in NY and i know it is illegal to sell them before their shells are 3 inches long. the unfortunate part is that we buy them from florida, and they do not have any regulations on the size of them....so i think its a per state thing.
Reply:Businesses don't always do what they're supposed to if they think they can make a profit. It isn't necessarily against the law to own one (what would happen if your turtles have babies?), but it is against the law (federal law) to sell any turtle with under a 4" carapace as a pet.





Here's a link giving the actual law (bottom of the page) and an editorial giving the pros and cons of this law: http://www.austinsturtlepage.com/Article...
Reply:no babys aren't illegal I had one but it died so i actually think they are.
Reply:By federal law, no one can sell ANY turtle under 4" because of the Salmonella risk. Bigger turtles carry Salmonella just as easily, but it is harder for children to put them in their mouths.





Business often ignore the law since it has no enforcement written into it. They will basically only get in trouble if they are busted for something else- then that will get added on.





Some business get cute. You see, one part of the law allows small turtles to be sold for 'valid educational, scientific or display purposes' , so some places have you sign a form stating that your turtle is for a valid display purpose.





This might be OK, but here are parts of the REAL law:


.........................................


[Code of Federal Regulations]


[Title 21, Volume 8, Parts 800 to 1299]


[Revised as of April 1, 2000]


From the U.S. Government Printing Office via GPO Access


[CITE: 21CFR1240.62]


[Page 647-649]





TITLE 21—FOOD AND DRUGS


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 Cheloniidae).





(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.





[snip out some chunks, and go to section...]





(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.


.........................................





So- if they offer you a form to sign, they are ASKING YOU TO COMMIT PERJURY! Did you notice the 'other than use as pets' bit- you CANNOT sell small turtles as pets, period.











Here is a direct link to the actual US code on the US Gov site: http://www.cfsan.fda.gov/~lrd/FCF1240.ht... (scroll down to part 1240.62)














Still with me?





There are many people who think this is a bad law, but one reason the law was put in place was because MILLIONS of baby Red-ears were being caught, jammed in terrible shipping containers, then being sold to people who were taught to raise them in terrible conditions- killing them within months.





If you want to keep a baby turtle and can find one for sale, AT LEAST take the time to learn how to keep the baby healthy!





http://www.redearslider.com has some great care suggestions to try.
Reply:It is illegal to sell a red eared slider with less than a 4" shell, unless they are being used for an educational purpose. This is due to the fact that they have been known to carry diseases. Please read the information in the following website about the care of your turtle. The information that you were probably given by the person you bought it from is probably incomplete.





http://www.practical-pet-care.com/turtle...
Reply:What the heck are baby red eared sliders anyway? I have never heard of such a thing.
Reply:In my state, ohio, it is illegal to own one that its shell is smaller than 3 inches in diameter unless its for reasearch reasons ect. they have ti posted in each pet shop here but, many of times a young kid and his mom will stroll right in and be able to get one. which is kinda confusing, i guess its not really enforced,
Reply:Forget everything else about 3 inches or 4 inches, or what state, etc. etc.


No, they are not "illegal" in the US. There is a federal commerce regulation ( not a law ) that states that turtles with a carapace length of less that 4 inches cannot be sold commercially or offered to sale to the public...BUT THAT ONLY APPLIES TO PEOPLE WHO ARE COMMERCIAL DEALERS AND SEELERS OF TURTLES TO THE PUBLIC ( such as Petco, etc. ). Any private person can buy or sell turtles smaller than that as long as you are not engaged in the actual business ( such as registered with a DBA ) of buying or selling turtles.





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. It only applies to government agencies or corporations chartered by the government to do business. 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.



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