Animal Exhibitors

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.

Factsheet

Animal Care July 2003

APHIS
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, 14th and

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