Regulation of

Commercial Animal

Dealers

The U.S. Department of Agriculture (USDA) has a

history of concern for the health and well-being of

animals. Congress passed the Animal Welfare Act in

1966 and has repeatedly and extensively amended it.

The law requires the humane care and treatment

of certain animals sold as pets at the wholesale level,

transported in commerce, and used in research or

exhibits. Individuals using or working with such 

animals must be licensed or registered by USDA.

They also must comply with regulations and standards enforced by the Department’s Animal and Plant

Health Inspection Service (APHIS).

Although the Act generally does not cover

domestic pets in retail stores, APHIS inspects the

wholesale dealers that supply such stores with dogs

and cats.

While the majority of these animal breeders and

dealers are committed to raising and selling 

physically and psychologically healthy pets, regulation is necessary to ensure that all of these operations provide adequate care.

Standards of Care and Recordkeeping

Businesses in the commercial pet trade must

maintain APHIS standards for veterinary care and

animal management. The requirements cover housing, handling, sanitation, food, water, and protection

against extremes of weather and temperature.

Federal animal care standards ensure minimally

acceptable standards of care. Regulated individuals

and businesses are encouraged to provide care that

exceeds the specified minimum. Those who are

unable or unwilling to consistently meet the minimum

standards of care are subject to heavy fines and

licensing actions, including suspension, revocation,

and disqualification.

Breeders and dealers must also employ either a

full-time veterinarian or arrange for a veterinarian to

visit their businesses regularly. An outside 

veterinarian employed by a facility must establish a

written program of veterinary care and submit it to

APHIS for review.

To prevent lost or stolen animals from entering

trade channels, APHIS requires breeders and dealers

to keep records that identify the source and disposition of all regulated animals that come into their possession.

Shipping and Handling

APHIS enforces specific regulations and standards governing the transport of animals by commercial carriers. These rules help ensure that licensed

dealers, contract carriers, and intermediate handlers

treat regulated animals humanely.

Transported animals must meet established 

minimum age and health certification requirements.

They must be housed in safe, sound containers with

adequate space and ventilation and provided with

protection from extreme temperatures. Animals 

arriving at a terminal must be promptly picked up and

must receive proper care until they are retrieved by

the receiving party.

Licensing and Inspections

The animal breeder or dealer must obtain a

license from APHIS. Before getting the license,

APHIS officials inspect the prospective animal 

facilities to determine if they are in compliance with

Animal Welfare Act standards and regulations. If the

facility is in compliance with the Act, USDA issues

the license, and business can begin.

To ensure that the standards are maintained,

APHIS periodically conducts unannounced inspections of the business and its animals. If the inspector

finds problems, APHIS instructs the owner to correct

them. If violations are severe or are not corrected by

a given date, APHIS can take legal action to enforce

the requirements.

Factsheet

Animal Care January 2002

APHIS
Penalties can include a fine, suspension or revocation

of license, confiscation of animals, or even a prison

sentence in the most severe cases.

Working Together

The Animal Welfare Act protects many animals

involved in the commercial pet trade, but it does not

cover all animals in all situations. Animals sold in pet

stores, owned by individuals, or housed in shelters

and pounds are generally not covered by the Act.

Fortunately, most State and local governments also

have laws that protect animals. APHIS encourages

concerned individuals to work with Federal, State, and

local officials as well as local humane organizations to

help eliminate the cruel treatment of animals.

Additional Information

For more information about the Animal Welfare

Act or the Animal Care program, contact

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.

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