APHIS Factsheet

Animal Care August 2011

Questions and 

Answers: 

Rats, Mice, and Birds 

to be Included in the 

Animal Welfare Act 

Q. When and how did the U.S. Department of 

Agriculture (USDA) decide to include rats, mice, 

and birds (RMB) into the Animal Welfare Act 

(AWA)?

A. In 2002, the passage of the Farm Security and 

Rural Investment Act, also known as the 2002 Farm 

Bill, amended the AWA’s definition of animal to include 

rats of the genus Rattus, mice of the genus Mus, and 

birds—with the exception of those bred for use in 

research.

Q. Will RMB facilities be subjected to the same 

AWA regulations as other animal facilities?

A. Yes, any facility that houses warm-blooded animals, 

including RMB for uses covered under the AWA, will 

be required to be licensed or registered with USDA’s 

Animal and Plant Health Inspection Service (APHIS) 

and is also subject to unannounced inspections. 

Q. When did USDA first inform the public and 

stakeholders of these potential changes to the 

AWA?

A. In 2004, USDA released an advance notice 

of proposed rulemaking (ANPR) and request for 

comments on the creation of regulations that would 

cover rats, mice, and birds—with the exception of 

those bred for use in research.

Q. What were the details of the ANPR?

A. The ANPR stated that the proposed rule 

would cover “standards and other requirements 

governing the humane handling, care, treatment 

and transportation by dealers, research facilities, 

exhibitors, operators of auction sales, and carriers and 

intermediate handlers” of rats of the genus Rattus, 

mice of the genus Mus, and birds, other than those 

bred for use in research. 

Q. What type of response did you receive to the 

ANPR?

A. There were more than 7,400 comments submitted 

in response to the advance notice, representing input 

from a wide range of entities working with rats, mice 

and birds, including breeders, zoos and aquaria, 

research laboratories, dealers, animal welfare 

organizations, trade associations, and private citizens. 

These comments were evaluated and incorporated 

into the proposed regulations.

Q. When will the new rule come out?

A. USDA will publish a proposed rule in the Federal 

Register after completing an internal review of its 

content. USDA anticipates its release during 2011. At 

that point, the public will be provided an opportunity to 

comment. Once the comment period is completed, the 

final rule will be developed and published, a process 

that can take 1–2 years to complete, depending on the 

extent of public comments and further internal review 

and implementation planning.

Q. Do the RMB entities that will fall under these 

regulations have a deadline to become USDAlicensed?

A. As with any new regulation, there will be a time 

period provided in the final rule for facilities to come 

into compliance. That time period will be decided 

during the final rule’s development. The first step, 

however, is for the agency to publish a proposed rule 

and seek public comment. This is anticipated during 

2011.

Q. Have you included stakeholders input on how 

to shape these regulations?

A. USDA has created a network of stakeholders with 

expertise to assist in developing the new regulations. 

Zoos and aquaria, bird breeders, animal distributors, 

field and bench-side researchers, State and Federal 

governmental officials, conservationists, veterinarians, 

veterinary associations, nongovernmental 

organizations, animal welfare organizations, animal 

trainers, and the general public are all crucial to 

development of the regulations. It is the goal of 

the agency to ensure that the new regulations are 

adaptable, have clear measures of success, are 

administratively efficient, and reduce the legal and 

economic burden on regulated facilities and the 

agency itself.
Q. Do you have an idea of how many rats, mice, 

and birds will be covered with this new regulation?

A. USDA acknowledges that there are more 

than 9,000 species of birds, representing over 30 

taxonomical orders, with many unique husbandry 

requirements. Based on available information about 

the number of birds in captivity, USDA estimates 

there are at least 5 million birds that will be covered 

by this new regulation. Most of the rats of the genus 

Rattus and mice of the genus Mus are bred for use in 

research or for use as animal food, and are therefore 

exempt from coverage under the AWA. Based on field 

observations and communication with stakeholders, 

USDA estimates the number of additional facilities that 

house just rats and mice for uses under the AWA and 

are not already inspected by APHIS is less than 100. 

These facilities could each have multiple animals, but 

numbers are unknown at this point.

Q. Will the new regulations require additional 

resources for USDA?

A. USDA will assess inspector workload and the need 

for additional resources as part of implementation 

planning for the new regulations. If required, APHIS 

will seek additional resources.

Q. Do you anticipate these regulations having a 

financial impact on the industry?

A. AWA regulations cover minimal standards of care 

for animals. We anticipate that many facilities are likely 

already in compliance with the regulations and will 

only incur licensing fees. There will be other facilities 

that need to make changes in order to meet USDA’s 

licensing requirements, and the financial impact at 

these facilities will be greater. USDA’s intent is to 

ensure that all of the animals covered by the expanded 

definition of animals in the AWA receive humane care 

and treatment.

Q. What challenges is USDA expecting from 

implementing these regulations?

A. USDA anticipates that incorporating covered rats 

and mice into the current program will not create 

a substantial burden, based on low numbers of 

additional facilities and the fact that we already cover 

other types of rodents. On the other hand, there will 

be multiple challenges focused around implementing 

the avian regulations, including:

•	 A large but unknown number of facilities to be

regulated. For example, estimates provided to the 

agency of how many avian breeding facilities are in 

the United States range from 10,000 to 75,000.

•	 The wide variety of facilities and avian species to

be regulated

•	 The overlapping regulatory jurisdiction with other

agencies and State governments that already 

have regulations that cover birds. USDA is making 

every effort to collaborate with State and Federal 

agencies that may already work with facilities that 

will be regulated under the AWA.

Q. How can I help? 

A. The best way to help is to stay informed on the 

status of the rule by following Federal Register

activity and attending USDA presentations to various 

stakeholders. Once the proposed rule is published 

for comment, providing constructive information 

to the agency is the best way to contribute to the 

development of a final rule. After the proposed rule is 

published in the Federal Register, it will be available 

online at www.regulations.gov/.

 

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