The U.S. Department of Agriculture (USDA) 

enforces the Animal Welfare Act (AWA) to 

protect certain animals from inhumane treatment 

and neglect. Congress passed the AWA in 1966 in 

response to public concern regarding stolen pets 

used in laboratory research. Since 1966, the AWA 

has been strengthened several times by amendments. 

The Animal Care (AC) program of USDA’s Animal 

and Plant Health Inspection Service (APHIS) 

administers the AWA, its regulations, and standards.

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 using animals in these ways 

must provide their animals with adequate housing, 

handling, sanitation, nutrition, water, veterinary 

care, and protection from extreme weather and 

temperatures.

The Definition of “Animal”

The AWA defines “animal” as any live or dead dog, 

cat, nonhuman primate, guinea pig, hamster, rabbit, 

or any warmblooded animal used for research, 

teaching, testing, experimentation, or exhibition 

purposes, or as a pet. By definition, coldblooded 

species (amphibians and reptiles) are exempt from 

coverage under the AWA. The AWA further excludes 

the following:

n Birds, rats of the genus Rattus, and mice of the 

genus Mus, bred for use in research;

n Horses not used for research purposes;

n Farm animals, including livestock and poultry, 

used or intended for use as food or fiber or in 

agricultural research;

n Fish; and

n Invertebrates (crustaceans, insects).

Covered Activity

The AWA requires that all individuals or businesses 

using animals covered under the law be licensed or 

registered with AC. Certain activities and businesses 

are not covered under the AWA: pet stores, retail dog 

and cat sales, hobby breeders, and private owners of 

exotic pets. In addition, the AWA prohibits staged 

dogfights, cock fights, and similar animal-fighting 

ventures.

Research Facilities

Research facilities are those that use animals 

for teaching, experimentation, surgery, or 

testing purposes. Examples of research facilities 

include hospitals, colleges and universities, and 

pharmaceutical firms.

The AWA requires researchers to provide anesthesia 

or pain-relieving medication to minimize the pain or 

distress caused by an experiment, unless otherwise 

scientifically justified. The AWA does not allow 

AC to prevent the use of animals in research or 

experimentation, however.

Dealers

People who sell animals bred at their facility (a class 

“A” licensee) or people who buy and sell animals 

they did not raise (a class “B” licensee) are both 

considered dealers under the AWA. Examples of 

dealers include commercial dog-breeding facilities 

and exotic animal auctions.

Exhibitors

A person or business that displays animals to the 

public is an exhibitor under the AWA. Examples 

of exhibitors include zoos, educational displays, 

circuses, and animal acts.

Transporters

A person with a commercial business that moves 

animals from one location to another is considered a 

transporter under the AWA. Examples of transporters 

include airlines and trucking companies.

Humane care and treatment of research 

animals are important aspects of the AWA.

Dealers that breed animals for sale to pet stores 

must be in compliance with AWA regulations.

The Animal Welfare Act protects warmblooded 

animals used in specific activities, like this seal 

on display in a marine-mammals exhibit at 

the National Zoo. Exhibitors’ facilities, such as zoos, circuses, and 

aquariums, are all inspected by Animal Care.
United States Department of Agriculture 

Animal and Plant Health Inspection Service

Program Aid No. 1867

The Animal 

Welfare Act: 

An Overview

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.

Cover photo: Nonhuman primates in captivity, like this 

gorilla from the National Zoo in Washington, DC, are 

protected under the Animal Welfare Act whether they are 

used for exhibition or research purposes.

Photo credits: The photographs of the cat and the caged 

rabbits come from APHIS’ image library. All the remaining 

pictures were taken by APHIS photographer R. Anson 

Eaglin.

Issued May 2006

Slightly revised June 2008

AWA Enforcement

AC ensures that all regulated commercial animal 

dealers, transportation companies, exhibitors, and 

research facilities are licensed or registered. AC 

inspectors conduct searches to identify unlicensed 

or unregistered facilities. Once they have been 

notified of AWA requirements and standards, 

these facilities must become licensed or cease 

conducting regulated activity. Applicants must be 

in compliance with all standards and regulations 

under the AWA before AC will issue a license. Upon 

request, AC personnel will perform preinspection 

examinations of facilities applying to be licensed or 

registered.

To ensure that all licensed and registered facilities 

comply with the AWA, AC personnel make 

unannounced inspections. If an inspection 

reveals deficiencies in meeting the AWA standards 

and these are not corrected promptly, AC may 

initiate legal action. This could result in animal 

confiscation, fines, cease-and-desist orders, or 

license suspensions and revocations.

Public Relations

USDA is committed to its responsibilities and to 

meeting public expectations in enforcing the AWA. 

In addition to conducting routine, unannounced 

inspections, AC will perform inspections in 

response to public concerns about the conditions of 

regulated facilities. Individuals are also encouraged 

to inform AC about facilities that should be licensed 

or registered.

Many State and local governments have passed 

their own animal welfare legislation. USDA 

encourages the public to work with State and local 

officials and local humane organizations as well as 

Federal officials to help reduce inhumane treatment 

of animals.

AC seeks to educate the public and create a 

cooperative relationship with licensed and 

registered entities, the animal protection 

community, and other Federal and State agencies. 

To accomplish this goal, AC conducts workshops 

regarding minimum care standards as outlined in 

the AWA. Examples include APHIS’ canine care 

workshops and big cat symposiums.

For more information, 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

Web site: www.aphis.usda.gov/animal_welfare

USDA–APHIS–Animal Care Eastern Region

920 Main Campus Drive, Suite 200

Raleigh, NC 27606

Phone: (919) 855–7100

Fax: (919) 855–7123

USDA–APHIS–Animal Care Western Region

2150 Centre Avenue

Building B, Mailstop 3W11

Fort Collins, CO 80526–8117

Phone: (970) 494–7478

Fax: (970) 494–7461

The commercial transport of animals is regulated 

to ensure careful handling and safe travel.