Animal Care
July 2003
The Animal and Plant Health Inspection Service (APHIS)
of the U.S. Department of Agriculture (USDA) enforces the Animal Welfare
Act (AWA). The AWA is Federal legislation that ensures minimum standards
for the humane care and treatment of almost all warmblooded animals
that are exhibited to the public.
APHIS’ Animal Care program ensures that exhibitors
comply with the AWA’s standards and regulations through licensing
requirements, education, and unannounced inspections.
Regulated Animal Exhibitors
Persons who have warmblooded animals on display, animals
that perform for the public, or animals used in educational presentations,
must be licensed as exhibitors with APHIS. Licensed exhibitors include,
but are not limited to, circuses, zoos, petting farms and zoos, animal
acts, wildlife parks, marine mammal parks, and some sanctuaries.
Exempted Animal Exhibitors
The AWA exempts certain animal exhibits/exhibitors from
Federal regulation. Those who exhibit only farm animals in agricultural
events do not require a license. Pet shows, dog races, horse races
and shows, and rodeos also are exempt from AWA regulation. State and
local laws and ordinances typically regulate these entities. Animal
preserves, or sanctuaries that maintain exotic or wild animals, are
exempt from regulation provided the facility does not exhibit or use
the animals for promotional purposes. A facility that is private that
conducts donor tours or fundraising, however, must have a license.
Exhibitors showing only coldblooded animals, such as fish and reptiles,
are exempt from regulation under the AWA. APHIS is currently ascertaining
the need for, and methods of, regulating bird exhibitors.
The AWA Requirements
APHIS requires licensed exhibitors provide their animals
with adequate care and treatment in the areas of housing, handling,
transportation, sanitation, nutrition, water, general husbandry, veterinary
care, and protection from extreme weather and
temperatures.
Recordkeeping
Licensed exhibitors must maintain on their premises
accurate records of the animals that come into their possession and
of the veterinary care the animals receive. This information must
be made available to APHIS during inspection.
Safety Measures
Exhibitors must minimize possible harmful risks to animals
and the public during public exhibition by providing sufficient distance
or barriers between the animals and the public.
When there is a possibility of animals coming in direct
contact with the public, a knowledgeable and responsible attendant
must be present and there must be sufficient distance maintained,
as well as physical and/or behavioral barriers (such as reliable training
of the animals). During public exhibition, potentially dangerous animals,
such as lions, tigers, bears, and elephants, must be under the direct
control of an experienced trainer. Some animals, such as juvenile
and adult big cats, cannot be safely handled or restrained in public–contact
venues.
Proper Handling
According to the AWA, animals must be exhibited only
for set periods of time and under conditions consistent with their
health and well–being. Exhibitors must handle animals carefully
and humanely to prevent unnecessary stress or discomfort.
Among other requirements, performing animals must be given a rest
period between shows that is at least as long as one performance period.
The AWA also forbids exhibitors from denying animals their daily nutritional
and dietary requirements as a way of training or working them. Exhibitors
must not physically abuse animals while training or working them or
use tranquilizing drugs to facilitate public handling of the animals.
Animals must also be protected from rough handling during public contact
sessions. Young and immature animals should be limited to shorter
contact and exhibition periods.
AWA Enforcement
APHIS ensures that regulated exhibitors are licensed
and that unlicensed exhibitors are found.
Before APHIS will issue a license, the applicant must
be in compliance with all AWA standards and regulations. To ensure
that all licensed facilities continue to comply with the AWA, APHIS
officials make unannounced inspections. Licensees must be available
for inspection during reasonable, normal business hours. This means
that traveling exhibitors should submit their performance schedules
to APHIS in advance so that APHIS officials may regularly inspect
their premises at any location.
APHIS officials also conduct inspections of exhibitors
in response to public concern about possible animal welfare violations.
If an inspection reveals deficiencies in meeting the
AWA standards and regulations, the inspector determines the timeframe
for correcting any deficiencies. This timeframe is determined by the
severity of the infraction and the direct risks to the animals’
health and well–being. If problems remain uncorrected at the
unannounced followup inspection, APHIS officials document the deficiencies
and consider possible legal action. Where applicable, APHIS has the
authority to confiscate animals in immediate danger (after the licensee
has legal notice).
APHIS may formally investigate a licensee as warranted.
Based on a review of the investigation, APHIS may resolve the issue
with a notice of warning or a stipulation agreement, which sets civil
penalties for AWA infractions. Civil penalties may include cease–and–desist
orders, fines, and license suspension or revocation. If APHIS officials
determine that an alleged AWA violation warrants additional action,
APHIS submits all evidence to USDA for legal review.
Many State and local governments have additional animal welfare legislation.
A significant amount of this legislation provides broader and stricter
regulations for the humane care and treatment of animals. Licensees
must follow all State and local laws in addition to AWA standards.
The AWA does not supercede State and local authorities or restrict
them in any way when the State and local laws are more stringent than
the AWA. APHIS encourages the public to work with Federal, State,
and local officials as well as local humane organizations to help
eliminate inhumane treatment of animals.
Additional Information
For more information about licensing of animal exhibitors
under the AWA, contact APHIS’ Animal Care regional offices at:
Eastern Region–Raleigh
USDA–APHIS–Animal Care
920 Main Campus Drive, Suite 200
Raleigh, NC 27606
Phone: (919) 716–5532
Fax: (919) 716–5696
E–mail: aceast@aphis.usda.gov
Western Region–Ft. Collins
USDA–APHIS–Animal Care
2150 Centre Avenue
Building B, Mailstop #3W11
Fort Collins, CO 80526–8117
Phone: (970) 494–7478
Fax: (970) 472–9558
E–mail: acwest@aphis.usda.gov
For general information, contact our Animal Care headquarters at:
USDA–APHIS–Animal Care
4700 River Road, Unit 84
Riverdale, MD 20737–1234
Phone: (301) 734–7833
Fax: (301) 734–4978
E–mail: ace@aphis.usda.gov
Internet: www.aphis.usda.gov/ac
The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of
race, color, national origin, sex, religion, age, disability, political
beliefs, sexual orientation, or marital or family status. (Not
all prohibited bases apply to all programs.) Persons with disabilities
who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director,
Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence
Avenue, SW, Washington, DC 20250-9410 or call (202)–720-5964
(voice and TDD). USDA is an equal opportunity provider and employer.
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