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Illegal Sale of Turtle Hatchlings in the US

Why it is Illegal to Sell Turtles Less than 4 Inches in Length


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Lianne McLeod
The sale or distribution of turtles with a carapace length of less than 4 inches has been banned in the US since 1975 (Title 21 CFR 1240.62). The ban was brought into effect under the Public Health Services Act by the Food and Drug Administration (FDA) to address the problem of Salmonella infections in children. Prior to the ban there were an estimated 250,000 cases of Salmonellosis in children and infants that were associated with pet turtles in the US.

Why 4 Inches?
After all, turtles of all sizes can carry Salmonella. 4 inches was chosen with the thought that most young children wouldn't try to put a turtle larger than this in their mouth (of course, putting a turtle in your mouth isn't the only way to be infected with Salmonella). However, restricting turtle sales to those greater than 4 inches probably also helps reduce the incidence of Salmonellosis by reducing turtle sales, since hatchlings are much more irresistible than larger turtles. Also, kids are probably less inclined to play with the larger turtles in the first place. Certainly, the risks of Salmonella are still present with larger turtles, and with any turtle precautions are necessary to prevent Salmonella infections (see "Reptiles and Salmonella" for more information).

Is the Ban Effective?
The Centers for Disease Control (CDC) estimates that the ban prevents 100,000 cases of reptile-associated Salmonella a year. Statistics on prevention are difficult to confirm, but I am sure that the ban has prevented some cases of Salmonella as well as preventing the impulse purchase of turtle hatchlings by unprepared owners. If nothing else, the ban has helped prevent the mistreatment of baby turtles.

Attempts to Get Around the Ban
There are exceptions available in the ban, such as the sales of turtle hatchlings and viable eggs for bona fide educational or exhibition purposes, and limited sales of turtles not connected with a business (export are also permitted). However, there seems to be a trend towards trying to circumvent the ban by some businesses, accompanied by a surge in the availability of turtle hatchlings in the US. While the ban specifically prohibits the public sale or distribution of baby turtles as pets ("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..." - from Sec. 170.100 Turtles - Ban on Interstate and Intrastate Sales and Distribution (CPG 7129.01), there are companies and individuals that will try to get around the ban by some of the following methods:

  • "adopting" a turtle for "free" with purchase of shipping. Incidentally, in one case, shipping was less expensive for each subsequent turtle, thereby encouraging bulk purchases.
  • giving turtles away for "free" with the purchase of a turtle lagoon (i.e. totally inadequate housing).
  • getting the customer to sign a disclaimer that the turtles will be used for educational or exhibition purposes (not acceptable according to the FDA; documentation should be avaialable to support such a claim)
  • stating that the onus is on the customer to make sure the laws are followed.
Such businesses are cropping up in malls, at fairs, and online. Whatever your thoughts on the ban, it is unacceptable to try and skirt the regulations to take advantage of customers that are not aware of the laws and it is unethical to sell turtle hatchlings without educating owners about the proper care of pet turtles.

Reporting Violations
The FDA asks that anyone who has knowledge of sales or distribution of turtles less than 4 inches in length to report the location and circumstances of the sales directly to the FDA office nearest their residence. A complete lising of offices can be foun here: FDA Regional Office Contacts.

Next page: Why Should I Report Illegal Sales? .

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