The USDA's "sight-unseen" rule is one of the most important regulations for dog breeders to understand. If you sell dogs online, by phone, or ship puppies to buyers, this rule probably applies to you.
What Is the Sight-Unseen Rule?
In 2013, the USDA updated its definition of a "retail pet store" under the Animal Welfare Act (78 FR 57227). The new rule says that if you sell any animal to a buyer who has not physically seen the animal in person before the sale is completed, you cannot claim the retail pet store exemption. If you also have more than four breeding females, you need a USDA license.
The key word is physically. The seller, the buyer, and the animal must all be present in the same location. The buyer must be able to personally observe the animal and check its health before purchasing.
Do Video Calls Count?
No. Showing a dog to a buyer over FaceTime, Zoom, Skype, or any other video call does not satisfy the in-person requirement. If you show a buyer the dog on video and then ship it to them, that is a sight-unseen sale and you need a USDA license.
What About Deposits?
A buyer can place a deposit before seeing the dog in person. The important thing is that the sale is not finalized until the buyer physically sees the animal. For example:
- A buyer finds your puppy on your website and sends a deposit to hold it. They then drive to your home, see the puppy in person, and complete the purchase. This is a face-to-face sale — not sight-unseen.
- A buyer calls you, pays the full price over the phone, and you ship the puppy to them. They never visit your facility. This is a sight-unseen sale — you need a USDA license.
Who Does This Affect?
If you maintain more than four breeding females and sell any dogs sight-unseen, you need a USDA Class A Breeder license. The 2013 rule closed a loophole where large-scale breeders selling online could avoid USDA oversight by claiming retail pet store status.
The Small Breeder Exemption (4 or Fewer Breeding Females)
There is an important exemption under 9 CFR 2.1(a)(3)(iii): if you maintain four or fewer breeding females and sell only their offspring — born and raised on your premises — for pets or exhibition, you are exempt from USDA licensing. Per the Federal Register preamble (78 FR 57227), this exemption applies regardless of whether sales are face-to-face or sight-unseen. The USDA considers these breeders "hobby breeders who already provide sufficient care to their animals without APHIS' oversight."
However, there are anti-circumvention rules: if multiple people in the same household or acting together collectively maintain more than four breeding females, none of them can claim this exemption. The count is based on the total number of breeding females on the premises, regardless of who owns them.
What If I Only Sell Face-to-Face?
If every buyer physically comes to your location and sees the dog before purchasing, you may qualify as a retail pet store under 9 CFR 1.1 and be exempt from USDA licensing regardless of how many breeding females you have. However, you may still need a state or local breeder license depending on where you live and how many dogs you have.
The Bottom Line
If you have more than four breeding females and sell dogs sight-unseen, you need a USDA license. If you have four or fewer breeding females and sell only their offspring born and raised on your premises, you are exempt — even for online sales. And if every sale ends with a handshake at your front door, the retail pet store exemption likely covers you regardless of herd size.
Read our full USDA Federal Licensing Requirements page for details on how to apply, fees, inspections, and more.