The Animal Welfare

Act

For more than a quarter of this century, the U.S.

Department of Agriculture (USDA) has enforced the

Animal Welfare Act (AWA) to protect certain animals

from inhumane treatment and neglect. Congress

passed the AWA in 1966 and strengthened the law

through amendments in 1970, 1976, 1985, and 1990.

The USDA’s Animal and Plant Health Inspection

Service (APHIS) administers the AWA, its standards,

and its regulations.

The Law

The AWA requires that minimum standards of care

and treatment be provided for certain animals bred

for commercial sale, used in research, transported

commercially, or exhibited to the public. Individuals

who operate facilities in these categories must provide their animals with adequate care and treatment

in the areas of housing, handling, sanitation, nutrition,

water, veterinary care, and protection from extreme

weather and temperatures. Although Federal requirements establish acceptable standards, they are not

ideal. Regulated businesses are encouraged to

exceed the specified minimum standards.

Exemptions

The AWA regulates the care and treatment of

warmblooded animals, except those, such as farm

animals, used for food, fiber, or other agricultural purposes.

Currently, coldblooded animals, such as snakes

and alligators, are exempt from coverage under the

Act. Retail pet shops are not covered under the Act

unless the shop sells exotic or zoo animals or sells

animals to regulated businesses. Animal shelters

and pounds are regulated if they sell dogs or cats to

dealers. Pets owned by private citizens are not regulated.

Pet Protection

To help prevent trade in lost or stolen animals, 

regulated businesses are required to keep accurate

records of acquisition and disposition and a description of the animals that come into their possession.

Animal dealers also must hold the animals that they

acquire for a period of 5 to 10 days to verify their 

origin and allow pet owners an opportunity to locate a

missing pet.

Animal Fighting

The AWA prohibits staged dogfights, bear or 

raccoon baiting, and similar animal fighting ventures.

Licensing and Registration

The AWA also requires that all individuals or 

businesses dealing with animals covered under the

law must be licensed or registered with APHIS.

Research Facilities

In addition to providing the required standards of

veterinary care and animal husbandry, regulated

research facilities must provide dogs with the 

opportunity for exercise and promote the psychological well-being of primates used in laboratories.

Researchers must also give regulated animals 

anesthesia or pain-relieving medication to minimize

the pain or distress caused by research if the 

experiment allows. The AWA also forbids the unnecessary duplication of a specific experiment using regulated animals.

Research facilities must establish an institutional

animal care and use committee to oversee the use of

animals in experiments. This committee is responsible for ensuring that the facility remains in compliance with the AWA and for providing documentation

of all areas of compliance to APHIS. The committee

must be composed of at least three members, including one veterinarian and one person who is not 

affiliated with the facility in any way.

Factsheet

Animal Care January 2002

APHIS
The AWA also does not permit APHIS to interfere

with research procedures or experimentation.

Regulated research facilities include hospitals, colleges and universities, diagnostic laboratories, and

many private firms in the pharmaceutical and biotechnology industries.

AWA Enforcement

APHIS ensures that all regulated commercial animal breeders, dealers, brokers, transportation companies, exhibitors, and research facilities are licensed or

registered. APHIS also searches for unlicensed or

unregistered facilities.

Before APHIS will issue a license, the applicant

must be in compliance with all standards and regulations under the AWA. To ensure that all licensed and

registered facilities continue to comply with the Act,

APHIS inspectors make unannounced inspections at

least once annually.

If an inspection reveals deficiencies in meeting the

AWA standards and regulations, the inspector

instructs the facility to correct the problems within a

given timeframe. If deficiencies remain uncorrected at

the unannounced followup inspection, APHIS documents the facility’s deficiencies and considers possible

legal action.

APHIS also conducts reviews and investigates

alleged violations. Some cases are resolved with

Official Notices of Warning or agency stipulation letters, which set civil penalties for the infractions. Civil

penalties include cease-and-desist orders, fines, and

license suspensions or revocations. If APHIS officials

determine that an alleged AWA violation warrants

additional action, APHIS submits all evidence to the

USDA for further legal review.

Cooperation

In addition to conducting regular inspections,

APHIS will perform inspections in response to public

input about the conditions of regulated facilities.

Concerned individuals also are encouraged to inform

APHIS about facilities that should be licensed or registered.

Many State and local governments have passed

additional animal welfare legislation. The public is

encouraged to work with Federal, State, and local officials as well as local humane organizations to help

eliminate inhumane treatment of animals.

For more information about the Animal Welfare Act,

write to:

Animal Care

APHIS, USDA

Unit 84

4700 River Road

Riverdale, MD 20737

Telephone: (301) 734–7833

E-mail: ace@usda.gov

Web page: http://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.

United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture