The Animal Welfare Act (AWA) is the federal law that regulates the care and treatment of certain animals sold as pets at the wholesale level, transported in commerce, and used in research or exhibits. It is enforced by the US Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS).

The AWA includes standards specifying the minimum requirements for handling, care, housing, treatment, transportation, feeding, watering, sanitation, ventilation, lighting, shelter, veterinary care, and separation by species. APHIS admits that these standards are NOT ideal and "regulated businesses are encouraged to exceed the specified minimum standards".

To ensure that the standards are followed, APHIS periodically conducts unannounced inspections of regulated businesses and their animals. If problems are found, APHIS instructs the owners to correct them. If violations are not corrected by a given date, APHIS can take legal action to enforce the requirements. Penalties can include a fine, license suspension or revocation, confiscation of animals, or even a prison sentence.

Does the USDA have jurisdiction over pet stores?

Contrary to popular belief, pet stores are sometimes covered by the AWA but only if they qualify for "dealer" status by selling exotic or zoo mammals (skunks, hedgehogs, degus, sugar gliders, prairie dogs, flying squirrels, etc.) or selling animals to regulated businesses (research facilities, exhibitors, or dealers). In addition, pet stores that exhibit wild or exotic animals or take animals out of the store for teaching or promotion purposes should be licensed with the USDA as "exhibitors" and regulated by the AWA.

Exemptions from the AWA for pet stores are on an all-or-nothing basis. If a store sells exotics or animals to regulated businesses, then it is considered a full-fledged dealer, and all the regulated animals in the store are inspected. This means that if a pet store sells sugar gliders, you can file a complaint with APHIS against them for neglecting their other regulated animals.

Pet store chains are also treated on an all-or-nothing basis. If one outlet is considered a "dealer", the company must be licensed, and all regulated animals at all outlets are inspected.

Birds, mice, rats, fish, reptiles, and amphibians are NOT considered regulated animals. They can only be mentioned in an APHIS inspection report if there is the potential for a negative effect on the health or well-being of a regulated animal. For example, if a turtle is being housed with a hedgehog, then an inspector can tell the store to rehouse the turtle or hedgehog. Or if the number of non-regulated animals is so large that the current staffing is inadequate to properly care for the regulated animals, APHIS can demand the store hires more staff or reduces their wholesale purchases.

AWA Shortcomings

One problem with the AWA is that there are far more facilities (almost 9,000) than there are USDA inspectors (85 nationwide). Many facilities go without being inspected anually and facilities that are inspected and found in violation of the law are not always reinspected.

Another problem with the AWA is that many of the animals that are being abused in pet stores and breeding facilities are not covered. While rats, mice and birds are expected to be covered by 2007, reptiles, amphibians, fish, and other animals are without any hope of being added to the list of regulated animals anytime soon.

Fortunately, most state and local governments also have laws and agencies that protect pet store animals.
 

For more information about the Animal Welfare Act, write to:

Regulatory Enforcement and Animal Care
APHIS, USDA
4700 River Road, Unit 84
Riverdale, Maryland 20737

(All quotations taken from the Animal Welfare Act as published by the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.)