Breadcrumb

1. Home

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

AWA Standards for Birds

Last Modified: 

Print

On February 21, 2023, APHIS published a final rule in the Federal Register

establishing new welfare standards for birds. These regulations ensure the humane

handling, care, treatment, and transportation of birds regulated under the Animal

Welfare Act (AWA).
APHIS phased in the avian regulations for current and new licensees and registrants:

August 21, 2023: Currently licensed or registered facilities must become

compliant.

February 21, 2024: New licensees or registrants must become compliant.

This page provides a general overview of the welfare standards for birds and

includes resources to help current and new licensees and registrants be compliant.

View New AWA Standards for Birds

Overview of Welfare Standards for Birds

Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act 

Watch this video to learn more about the new welfare standards for birds

USDA Animal Care Welfare Inspection Procedures for Birds: Frequently Asked

Questions 

View questions frequently asked about USDA’s procedures for inspecting avian

species at licensed or registered facilities. 

Licensing, Registration, and Inspection

Unsure if you need a license or registration? This video can help you determine if

you need a USDA license or registration for the type of avian activity you conduct.

You can also use our Licensing and Registration Assistant to determine whether you

need a license or registration. 

Applying for a License or Registration

Ready to apply for a license or registration? Watch the following video for step-bystep instructions and then visit our application page to apply.
Preparing for Inspection

Now that you have applied for a license or registration or are currently licensed

and/or registered, let’s review the avian welfare standards for the initial inspection. 

Birds Under the AWA

Understanding how different avian species are covered under the AWA can be

challenging. Use the resources below to learn more about how birds may be

regulated under the Animal Welfare Act.  

Common Pet Bird Species as Defined by the Animal Welfare Regulations

The Animal Welfare Regulations defines a pet animal as "Any animal that has

commonly been kept as a pet in family households in the United States, such as

dogs, cats, guinea pigs, rabbits, hamsters, and birds. This term also includes but is

not limited to such birds as canaries, cockatiels, lovebirds, and budgerigar

parakeets. This term excludes exotic animals and wild animals."

This list defines specifically what avian species are considered pet bird species and

categorizes what pet bird species are small or large size. The designation of a pet

species and size is used in determining thresholds for licensure. For Class A licenses,

which are required when selling birds for use as pets or for exhibition that were

hatched on your premises, if you sell more than 200 pet bird species having an

average body weight of 250 grams or less, annually, or if you sell more than 8 pet

bird species having an average body weight of more than 250 grams, annually, a

license is required.  For these purposes, body weights are those of the average adult

for that species.

Additionally, a Class C license is required if you are exhibiting more than 8 pet bird

species, or any non-pet bird, with the exemption of 4 or fewer raptors.
Birds protected under the Migratory Bird Treaty Act (MBTA) 50 CFR § 10.13 are

excluded from the definition of a pet bird species as defined by the Animal Welfare

Act and Regulations.

Small Pet Bird Species

The following groups and species are considered to be small pet bird species (250

grams or less as determined by average adult weight of the species):

Finches and finch-like birds from the infraorder Passerida*

Cockatiels

Parrotlets

Lovebirds

Caiques

Senegals and other Poicephalus parrots

Mini-macaws, 250 grams or less by average adult weight of species

Conures

Pionus

Lories and lorikeets

Parakeets and other parakeet-like birds, such as but not limited to ringnecks,

monks, lineolated, kakarikis, and rosellas

Mynas and starlings

Jays, magpies, and other small corvid species

Large Pet Bird Species

The following groups and species are considered to be large pet bird species

(more than 250 grams as determined by average adult weight of the species):

Cockatoos

African greys

Eclectus

Macaws

Amazons

Toucans

Hornbills

Turacos
Kookaburras

Crows and other larger corvid species

*MBTA species are excluded from the definition of a pet bird species

Defining Poultry under the Animal Welfare Regulations

The Animal Welfare Regulations define poultry as any species of chickens, turkeys,

swans, partridges, guinea fowl and peafowl; ducks, geese, pigeons, and doves;

grouse, pheasants, and quail. Under the AWR, poultry are further defined as either a

farm animal or as a wild animal or exotic animal.  All birds that are bred in captivity

and used in research are exempt under the animal welfare regulations, including

those species listed in the regulatory definition of poultry, regardless of further

classification as a farm animal, wild animal, or exotic animal under the regulations.

Poultry as Farm Animals under the Animal Welfare Act

Birds that meet the regulatory definition of both poultry and farm animal (“farm-type

poultry”) are any domestic species of poultry that are normally and have historically

been raised on farms in the United States and are used or intended for use as food

or fiber (feather), or for improving animal nutrition, breeding, management, or

production efficiency, or for improving the quality of food or fiber (feather). This also

includes birds raised for hunting purposes.  Farm-type poultry are exempt from the

regulations when used, sold, or transported solely for such agricultural purposes. 

When used, sold, or transported for non-agricultural purposes, farm-type poultry are

covered under the Animal Welfare Act and subject to the Animal Welfare

Regulations.  If it is not clear at the time of an inspection that farm-type poultry are

being used, sold, or transported for agricultural purposes, then the birds are subject

to the Animal Welfare Regulations. 

Poultry as Wild or Exotic Animals under the Animal Welfare Act

Poultry that do not meet the regulatory definition of farm animal under the Animal

Welfare Regulations are birds that are not normally and historically raised on farms

in the U.S., nor commonly used or intended for use for food or other agricultural

purposes as defined in the Animal Welfare Regulations.  These birds are considered

either a wild animal or exotic animal, depending upon where the species historically

originated.  Such poultry species are covered under the Animal Welfare Act and
subject to all applicable Animal Welfare Regulations when used, sold, or transported

for regulated purposes.

Differentiating Poultry as Farm Animals or as Wild or Exotic Animals

The birds listed in Table 1 and their hybrids represent the most common species of

birds that meet the definition of both poultry and farm animal under the Animal

Welfare Regulations and can be considered farm-type poultry; however, the list is

not intended to be exhaustive.  Less common species of domesticated upland

gamebirds (pheasant, partridge, quail, grouse) not specifically listed in Table 1 may

sometimes be farmed for meat or hunting purposes and be considered farm-type

poultry when used, sold, or transported solely for these agricultural purposes.

The birds listed in Table 1 and their hybrids are exempt from the regulations when

used, sold, or transported solely for agricultural purposes.  When used, sold, or

transported for non-agricultural purposes, the birds listed in Table 1 and their

hybrids are covered under the Animal Welfare Act and subject to the Animal Welfare

Regulations .  If it is not clear at the time of an inspection that the birds listed in

Table 1 and their hybrids are being used, sold, or transported for agricultural

purposes, then the birds are subject to the Animal Welfare Regulations.  Birds

contained within the definition of poultry and not listed in Table 1 are wild or exotic

birds under the Animal Welfare Regulations, are covered under the Animal Welfare

Regulations, and subject to all applicable regulations when used, sold, or

transported for regulated purposes.

Poultry as a Farm Animal

The birds listed below, and their hybrids, represent the most common species of

birds that meet the definition of both poultry and farm animal under the Animal

Welfare Regulations and can be considered farm-type poultry; however, the list is

not intended to be exhaustive.  These birds are exempt from the Animal Welfare

Regulations when used, sold, or transported solely for agricultural purposes.

Chicken, Domestic

Pheasant, Ring-necked

Pheasant, Green

Peafowl, Indian (Common)

Guineafowl, Helmeted

Partridge, Chukar
Partridge, Gray (English, Hungarian, gray-legged grouse)

Partridge, Red-legged

Quail, California

Quail, Common

Quail, Gambel’s

Quail, Japanese

Quail, Northern bobwhite (red quail)

Turkey, Domestic

Duck, Mallard

Duck, Muscovy

Goose, Graylag

Goose, Swan

Swan, Mute

Pigeon, Rock (domestic)

Dove, Barbary (domestic)

Grouse, Ruffed

Less common species of domesticated upland gamebirds (pheasant, partridge, quail,

grouse) may sometimes be farmed for meat or hunting purposes and be considered

farm-type poultry when used, sold, or transported solely for these agricultural

purposes.

Farm-Type Poultry at Auction Under the Animal Welfare Regulations

The Animal Welfare Regulations define poultry as any species of chickens, turkeys,

swans, partridges, guinea fowl and pea fowl; ducks, geese, pigeons, and doves;

grouse, pheasants, and quail. Under the Animal Welfare Regulations, poultry are

further defined as either a farm animal or as a wild animal or exotic animal.   Birds

that meet the regulatory definition of both poultry and farm animal (“farm-type

poultry”) under the Animal Welfare Regulations can be used for either agricultural or

non-agricultural purposes.

Farm-type poultry are exempt from the regulations when used, sold, or transported

solely for agricultural purposes.  When used, sold, or transported for non-agricultural

purposes, farm-type poultry are covered under the Animal Welfare Act and subject

to the Animal Welfare Regulations.  If it is not clear at the time of an inspection that

farm-type poultry are being used, sold, or transported for agricultural purposes, then
the birds are subject to the Animal Welfare Regulations. 

Farm-type Poultry at Auction

Farm-type poultry at auction are subject to the Animal Welfare Regulations unless

the auction clearly demonstrates a separation of business between sales of birds for

agricultural purposes from sales of birds for non-agricultural purposes.  If it is not

clear at the time of an inspection that farm-type poultry are being sold solely for

agricultural purposes, then the birds are subject to the regulations.  

Distinguishing Sales of Agricultural Birds from Sales of Non-agricultural

Birds at Auction (Both Conditions Must be Met)

Physical Separation Before and After Sales:

Birds sold for agricultural purposes must be housed in a dedicated building,

structure, or clearly designated area of a barn

Such buildings, structures, or designated spaces must be clearly marked as

housing birds being sold solely for agricultural purposes

Tags must be affixed to the container, enclosure or holding area housing the

birds that clearly indicates sale solely for agricultural purposes.

Separation During Sales:

Birds designated for agricultural sale must be sold in separate sales rings or at

different times than birds designated for non-agricultural sale; 

Sale rings and times should be clearly advertised as for either agricultural or

non-agricultural sales and clearly marked as such during the sale.

This is not a regulation. This is guidance to facilitate the clear separation of farmtype poultry sold for agricultural purposes from farm-type poultry sold for nonagricultural purposes at auctions.

Special Considerations for Pheasant Transport under the Animal Welfare Regulations

Pheasants are birds within the Family Phasianidae, Order Galliformes.  Because

pheasants are subject to potential self-injury during transport, transport enclosures

for pheasants covered under the Animal Welfare Regulations can be modified as
provided in § 3.162(e) to limit vertical movement, allowing pheasants to be

transported in a standing or semi-crouched position, and to limit full wing expansion

to prevent attempted flight. 

Transport enclosures for pheasants covered under the Animal Welfare Regulations

and modified as noted above must fully contain all parts of the bird and allow the

bird to turn freely and move easily within the transport enclosure. 

An exception can be made to allow the tail of a mature male peafowl to extend

outside of the transport enclosure during ground transport by the owner or his/her

representative and when stationary at a licensed auction.  This exception does not

apply to mature male peafowl consigned to transport by a registered carrier or

intermediate handler.  While restricting the male peafowl’s ability to turn around,

the transport enclosure must allow for all other normal postural movements and

there must be compliance with all other applicable regulations to ensure the safety

and welfare of the bird.   

A vertical-oriented exit space for the tail (rather than horizontal) would be

considered best practice to permit the male peafowl a range of normal postural

movements. Additional attention to the tails of mature male peafowl allowed to

extend outside the transport enclosure must be provided to prevent entrapment of

the tail or injury to the bird.

Summary Points

Transport enclosures for pheasants can be modified to limit self-injury by

limiting height and width but must otherwise fully contain the bird and allow for

normal posture and movement. 

An exception can be made for the tail of a mature male peafowl to extend

outside the transport enclosure during ground transport by the owner or his/her

representatives and when stationary at auction.

Contact Us

If you have questions, please contact our office:

Animal Care Program
Email: animalcare@usda.gov

Phone: 970-494-7478

Fax: 970-494-7461

Mailing Address:

2150 Centre Ave.

Bldg. B, Mailstop 3W11

Fort Collins, CO 80526