USDA - APHIS - Animal Welfare

Policy #17: Regulation of Agricultural Animals
Issue Date: March 25, 2011

References:
AWA Sections 2132, 2143
9 CFR, Part 3, Subpart F

History:
Combines previous policies 26 and 29, and replaces those policies dated November 17, 1998, and February 11, 2000.

Justification:
The Animal Welfare Act (AWA) regulations cover farm animals that are used in activities that are regulated by the AWA.

Policy:
Farm animals, such as domestic cattle, horses, sheep, swine, and goats that are used for traditional, production agricultural purposes are exempt from coverage by the AWA. Traditional production agricultural purposes include use as food and fiber, for improvement of animal nutrition, breeding, management, or production efficiency, or for improvement of the quality of food or fiber.

The following criteria should be used to determine whether the activities require licensing or registration:

Farm Animals in Research

Regulated

Farm animals used to manufacture or test biologics for nonagricultural or nonproduction animals, or humans. This includes biologics that are produced or tested for possible use in either agricultural or nonagricultural species, such as multispecies rabies vaccines.
Farm animals that are used as models for human subjects or nonagricultural animals (e.g., using calves to develop an artificial heart for humans).
Farm animals used for biomedical teaching; that is, the training of human or veterinary medical personnel in medical methods and procedures, such as surgery, diagnostic techniques, anesthesia and analgesia.

Exempt

Farm animals used to manufacture or test veterinary biological products intended for use in the diagnosis, treatment, or prevention of diseases in agricultural animals.
Farm animals used in agricultural teaching, such as farm or ranch management procedures (e.g., hoof trimming, shearing), handling practices and breeding techniques.

Farm Animals in Exhibition

Regulated

Farm animal exhibit intended to draw or entice customers to a nonagricultural enterprise, such as a petting zoo at a restaurant.
Farm animal exhibit whose main purpose is to allow public contact with the animals, such as a petting zoo or photo op setting.
"Agricultural" exhibits that also exhibit nonagricultural animals.
Nonagricultural animals exhibited at an agricultural venue, such as a county fair.

Exempt

Farm animal exhibits intended to advance the agricultural arts and sciences.
Agricultural animals in livestock shows, fairs, FFA or 4-H venues, or rodeos.
Incidental exhibition of farm animals, such as public access (viewing) of a working bison farm, where people driving by can see the animals. They are not being kept for the intent of exhibition, nor are they advertised for viewing purposes.
Historic farm parks that are accurate representations of the farm setting and are intended to educate the public as to that way of life.

All farm (agricultural) animals being used for regulated purposes must be handled and maintained in accordance with the AWA regulations and standards. There are reference materials available, such as the "Guide for the Care and Use of Laboratory Animals," published by the Institute for Laboratory Animal Research (ILAR) and the "Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching", published by the Federation of Animal Science Societies (FASS), that may provide supplemental information. However, it should be noted that not all sections of these guides are applicable under the AWA. Further, nothing in the guides shall be used to reduce or lessen any of the requirements in the AWA regulations and standards.