APHIS Factsheet

Animal Welfare April 2008

Questions and Answers 

on Animal Care’s 

Regulation of Commercial 

Animal Dealers

Q. Who regulates “puppy mills”?

A. Facilities that breed large numbers of dogs for 

sale are often referred to as “puppy mills.” Those 

facilities that breed and sell their animals to pet stores, 

brokers, or research facilities are covered under the 

Animal Welfare Act (AWA) and are inspected by the 

U.S. Department of Agriculture’s (USDA) Animal Care 

program. Because the focus of the AWA is on commercial dog breeders and wholesale dealers, the law 

specifically exempts most retail pet stores from Federal regulation. This includes facilities that sell dogs 

directly to the public. While USDA does not have 

the authority to regulate retail facilities, many States 

enforce laws that cover animals in these situations. 

Q. What types of animal dealers does USDA 

regulate?

A. The AWA requires people who breed dogs for 

sale at the wholesale level and the wholesale dealers 

who supply these animals to pet stores, brokers, or 

research facilities to be licensed with USDA. These 

breeders and dealers are required to meet the minimum standards of humane animal care and treatment 

established by the AWA and enforced by the Animal 

Care program of USDA’s Animal and Plant Health 

Inspection Service (APHIS).

Q. How do facilities become licensed? 

A. In order to engage in regulated activities, the 

animal breeder or dealer must first apply for an 

AWA license from APHIS. Before receiving an AWA 

license, the applicant must pass a complete, prelicensing inspection of the prospective animal facility 

and be in full compliance with all of the AWA standards and regulations. If the facility is in full compliance with the Act, the applicant will be qualified for 

licensure and will be mailed the appropriate paperwork 

to complete and submit. After this final step in the 

process, APHIS issues a license, and business can 

begin. 

Q. Who regulates the animal dealers that are not 

covered by the AWA?

A. The AWA protects many animals involved in the 

commercial pet trade, but it does not cover all animals 

in all situations. Animals sold by pet stores or directly 

to the public, owned by individuals (pets), or housed 

in shelters or pounds are not covered by the Act. The 

Federal standards are limited to the authority granted 

by the AWA. However, States have the authority to 

create and enforce their own regulations which may 

exceed those standards; most State and local governments also have their own laws that protect animals.

Q. Does USDA inspect dog breeding facilities?

A. USDA inspects all regulated (licensed) dog breeding facilities. Regulated facilities are inspected based 

on the risk based inspection system. Based on their 

inspection histories, each facility is rated as low, 

moderate, or high risk. Moderate-risk facilities would 

be inspected about once per year; low-risk less often; 

high-risk more often. No matter what the facility’s rating, inspectors have the option of inspecting as often 

as they feel necessary and as resources allow. This 

system allows inspectors to focus their attention on 

facilities that need assistance coming into compliance 

with the AWA or need to be monitored more often, 

so that they can conduct inspections that are more 

in-depth instead of more frequent. Inspectors will also 

follow-up on legitimate complaints from private 

citizens.

Q. What standards of care does APHIS require for 

animal dealers?

A. The APHIS requirements cover housing, sanitation, food, water, and protection against extremes of 

weather and temperature. Federal animal care 

standards ensure acceptable standards of care. 

Regulated individuals and businesses are encouraged 

to provide care that exceeds the specified minimum 

standards, and States have the authority to impose 

higher standards of care than those specified in the 

AWA. 

Breeders and dealers must employ either a full-time 

veterinarian or arrange for a veterinarian to visit their 

business regularly. An outside veterinarian employed 

by the facility must establish a written program of 

veterinary care and submit it to APHIS for review.

Q. Does APHIS confiscate animals?

A. Once APHIS has evidence of animals suffering in 

a regulated facility, a notice of intent to confiscate is 
United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, 

national origin, age, disability, and where applicable, sex, marital 

status, familial status, parental status, religion, sexual orientation, 

genetic information, political beliefs, reprisal, or because all or part 

of an individual’s income is derived from any public assistance 

program. (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 to USDA, 

Director, Office of Civil Rights, 1400 Independence Avenue, S.W. , 

Washington , D.C. 20250–9410 , or call (800) 795–3272 (voice) or 

(202) 720–6382 (TDD). USDA is an equal opportunity provider and 

employer. 

given to the facility. If they fail to remedy the situation 

in a short period of time, authorization is obtained from 

the APHIS Administrator to confiscate the animals in 

question. In some cases, APHIS negotiates with a 

facility to surrender the animals directly to an outside 

organization to simplify the process.

Q. Does APHIS penalize those facilities in violation of the AWA?

A. If an inspection reveals deficiencies in meeting 

AWA standards, the inspector instructs the facility operator to correct the problems within a given 

timeframe. If deficiencies remain uncorrected, the 

inspector documents the problems and considers 

enforcement action. In cases where the violations are 

relatively minor, a licensee may be required to pay 

a smaller penalty or make specific improvements to 

facilities and the care provided to animals. In cases 

of serious or chronic violations, penalties may include 

more substantial fines, cease-and-desist orders, and 

license revocations or suspensions. 

Q. Can an AWA violation ever be a criminal 

offense?

A. Violations of certain sections of the AWA are only 

pursued as criminal, such as those related to animal 

fighting. Others may include fraudulent records pertaining to the acquisition and disposition of animals. 

In these cases, the USDA Office of the Inspector 

General usually conducts investigations and the U.S. 

Department of Justice prosecutes them. These cases 

are not overseen by the Administrative Law Judges. 

Outcomes in criminal cases may include a prison 

sentence and/or fines.