- Introduction
- Animal Dealers
- Animal Exhibitors
- Animal Transporters
- Research Facilities
- Reference Index
Many businesses that buy or sell warmblooded animals, exhibit
them to the public, transport them commercially, or use them in
experiments or teaching must be licensed or registered by the
U.S. Department of Agriculture (USDA). Normal farm-type
operations that raise, or buy and sell, animals only for food and
fiber, and businesses that use only fish and other coldblooded
animals are exempt by law; those that use only rats, mice, or
birds are exempt by regulation. The rabbit business is exempt
from regulation if the rabbits are intended only for food or
fiber. If any rabbits are designated for use in the pet,
exhibit, or laboratory-animal trade, the business is regulated.
Certain other types of businesses are specifically exempt by law
or regulation. No exempt business has to be licensed or
registered.
This pamphlet lists the major types of regulated and exempt
businesses, but it does not cover all cases. If in doubt about
your status, telephone or write the Regional Office of the USDA,
Animal and Plant Health Inspection Service (APHIS), Animal Care
(AC) for your State (see page 19). AC personnel will answer your
questions and provide a copy of the Code of Federal Regulations,
Title 9, Chapter 1, Subchapter A, which gives the legal
requirements for businesses regulated by the Animal Welfare Act.
If you are an owner or the person in charge of a regulated
business, the law requires you to be licensed or registered with
USDA. Failure to become licensed or registered is a punishable
violation of the Animal Welfare Act.
On the basis of information you supply, APHIS determines whether
your business should be licensed, registered, or both. Licensing
involves a yearly fee; registration is free. The owner,
operator, or manager has responsibility for knowing about
licensing or registration requirements.
The annual license fee for licensed animal dealers (Class A or B)
ranges from $30 to $750, depending on your annual dollar volume
of business in regulated animals. (Class A licensees are
breeders and deal only in animals they breed and raise. Class B
licensees include brokers, bunchers, and operators of auction
sales.) The annual license fee for licensed animal exhibitors
(Class C) ranges from $30 to $300, depending on the number of
regulated animals held. In addition to the annual license fee,
an application fee of $10 must be paid with all yearly license
applications.
The same standards of animal care apply to all registered and
licensed businesses, and APHIS field inspectors make periodic
unannounced visits to all locations where animals are held to see
that regulations and standards are followed.
Basically, the Federal animal care standards cover humane
handling, housing, space, feeding and watering, sanitation,
ventilation, shelter from extremes of weather, adequate
veterinary care, separation of incompatible animals,
transportation, and handling in transit.
If your facilities or practices do not meet Federal standards
when you apply, you will receive up to three inspections within a
period not to exceed 90 days to correct any deficiencies.
Licenses are not issued until all deficiencies are corrected. If
you do not pass inspection within the 90-day period, you must
wait at least 6 months before reapplying for a license. Legal
action results if you operate a regulated business without a
license.
Pet Breeders--Anyone breeding pets for the
wholesale trade must be licensed. You also may have to be
licensed if you sell dogs as breeding stock to other breeders.
Some small-scale breeders can qualify for an exemption (see "Hobby Breeders"). Annual license fees are based
on 50 percent of gross sales of regulated animals.
Laboratory Animal Dealers--Anyone importing,
buying, selling, or trading laboratory animals, either directly
to research institutions or through other dealers, must be
licensed. This licensing requirement includes "bunchers," who
supply dealers with dogs, cats, and other regulated animals
collected from random sources; it also includes research
institutions (except State or Federal facilities) that sell or
trade surplus animals to others. Annual license fees are based
on the amount received from the sale of regulated animals less
the amount paid for these animals.
Laboratory Animal Breeders--Anyone breeding
regulated animals for laboratory-animal trade must be licensed.
Annual license fees are based on 50 percent of gross sales of
regulated animals.
Animal Brokers--Anyone who deals in regulated
animals but does not take physical possession must be licensed.
If you meet this definition of a broker, you are exempt from
certain regulations imposed on dealers who handle animals, but
you need the same type of license. Annual license fees are based
on income from commissions and brokerage fees (with no
deductions).
Auction Operators--Anyone who operates an
auction at which regulated animals are sold must be licensed.
For example, licenses must be acquired by radio and television
stations that conduct auctions with telephone bids on regulated
animals--whether or not the proceeds go to charity. Annual
license fees for auction operators are based on income from
commissions and fees from selling regulated animals.
Promoters Giving Animal Prizes--A carnival
concessionaire or other promoter who gives regulated animals as
prizes must be licensed. Annual license fees are based on the
amount paid to the promoter to offer animal prizes less the
amount paid for these animals.
Exotic Animal Dealers--Anyone importing,
buying, selling, or trading animals foreign to the United States
(wild or domesticated) must be licensed. You also must be
licensed if you sell domestically bred exotic animals. Annual
license fees are based on the amount received from the sale of
regulated animals less the amount paid for these animals. Wild Animal Dealers--A business or
individual selling wild animals must be licensed. "Wild animals"
means any animal that is now or historically has been found in
the wild, or in the wild state, within the boundaries of the
United States, its territories, or possessions. This term
includes, but is not limited to, animals such as deer, skunk,
raccoon, mink, armadillo, coyote, squirrel, fox, and wolf.
If you sell any wild or exotic animals, you are not eligible to
claim exemption as a retail pet store. You become a full-fledged
dealer, and you must comply with standards of care for all
regulated animals--not just wild or exotic animals. Annual
license fees are based on the amount received from the sale of
regulated animals less the amount paid for these animals. Suppliers of Specimens--Anyone who sells dead
animals that are regulated or who sells the blood, serum, or
parts of these animals must be licensed. Annual license fees are
based on income from specimens less cost of the specimens or the
animals from which they were prepared.
For example, you need an exhibitor's license if you
take animals outside the store for teaching or promotion or if
you set up a petting display. You must be licensed as a dealer
if you sell wild or exotic animals, or if you sell regulated
animals to other retailers, research institutions, exhibitors, or
other animal dealers. You need to be licensed as an exhibitor if
you display a monkey or other wild animal inside the store.
Exemptions for retail pet stores are on an all-or-nothing basis.
If you qualify for exemption, none of your business is regulated
or inspected. If you do not qualify, you are a full-fledged
dealer, and all your regulated animals are inspected.
Retail Chain Stores--Centrally managed
stores that sell pets entirely at retail are exempt. Like
independent retailers, chains are treated as business entities on
an all-or-nothing basis. If all outlets qualify as retail pet
stores, the entire chain is free from regulation. Conversely, if
any outlet does not qualify as a retail pet store, the company
must be licensed as a dealer, and all regulated animals at all
outlets are inspected.
Direct Sales--Anyone who sells domestic pets
directly to pet owners is exempt, regardless of sales volume.
Such sales can be made in person or by mail.
Hobby Breeders--Small-scale breeders with
gross sales under $500 per year are exempt, as long as these
sales do not include wild or exotic animals, dogs, or cats. If
you own no more than three breeding female dogs or cats and sell
the offspring, into the pet channels only, you are exempt.
Public Pounds--Animal shelters that are part
of State, county, or local governments are exempt. The
exemption covers only the pound's own activities. You must have
a dealer's license if you purchase animals from pounds for resale
or acquire them on contract for resale. The Pet Protection Act
of 1990 places some restrictions on pounds and shelters, such as
a specific holding period for animals before they may be sold to
a dealer.
Private Shelters--Animal shelters operated by
humane societies and other private groups are exempt unless
animals are disposed of through trade channels as pets or to
research institutions for use as laboratory animals, or animals
are taken off the premises for exhibition to the public.
Trade-Day Sales Sponsors--Anyone arranging
occasions for people to make private sales or trades of animals
is exempt. The exemption holds only if the sponsor does not act
as intermediary in the transaction. The buyers, sellers, and
traders at trade-day sales, however, must be licensed if they
meet the definition of a dealer.
Boarding Kennels--Anyone housing animals for
others is exempt, except for intermediate handlers and holding
facilities. You must be registered as an intermediate handler
if, as part of your services, you receive shipment of regulated
animals traveling on public carriers. You have to agree in
writing to observe USDA's standards of animal care if you operate
a holding facility--meaning that you board regulated animals for
licensed dealers or research facilities. APHIS inspects
regulated animals in holding facilities to ensure that they
receive the required care; dealers or research facilities need
prior APHIS approval to board regulated animals with you. Dealers in a Nonregulated Species--There is a
blanket exemption for anyone handling only those animals not
included under Federal law or regulations (see Introduction). Examples of businesses not
needing licensing or registration are those restricted to birds,
fish, reptiles, and amphibians.
Intermediate Handlers--Anyone taking custody
of regulated animals in connection with transporting them on
public carriers must be registered as an intermediate handler.
This requirement covers boarding kennels that take responsibility
for shipping animals or receiving them after or during shipment,
as well as freight forwarders and freight handlers.
Contract Carriers--Anyone transporting
regulated animals by contract or agreement must obtain a license
as a dealer and is responsible for complying with all regulations
and standards. This requirement covers those that are not
involved as common carriers or intermediate handlers but do
transport animals for profit or compensation, such as
transporting animals for licensed dealers to airports, pet
stores, etc.
Animal Taxis--Individuals who transport
private pets to and from the veterinarian, groomer, etc.
Under special circumstances, exhibitors may be registered instead
of licensed, which requires no fee. This applies to some
noncommercial exhibits, such as municipal deer parks that do not
charge admission and exhibit only animals native to the area.
If you have a traveling animal show that goes to more than one
State, send your itinerary along with your license application to
the AC Regional Office in the area where you have your permanent
office or winter quarters. Inspections may be conducted at sites
where your show is performing.
Marine Mammal Shows--Exhibits, shows, and
acts with marine mammals must be licensed. This includes public
aquariums, amusement parks, and zoos. However, exhibits in which
free-living marine mammals are viewed in their natural state are
exempt; examples are coastal seal rookeries or commercial whale
sightseeing tours. Marine mammals include polar bears, sea
otters, whales, porpoises, dolphins, manatees, dugongs, seals,
sea lions, walruses, and other mammals that have fins or
flippers. Marine mammals are protected by a separate set of
standards for care and handling.
Animal Performances--Any owner exhibiting
animals doing tricks or shows must be licensed. This includes
each person owning animals performing in circuses, marine mammal
shows, amusement parks, carnivals, independent animal acts,
television shows, movies, or educational exhibits. All animals
must receive the same quality of housing and other care,
regardless of whether they are currently performing.
Roadside Zoos--Tourist attractions exhibiting
regulated animals must be licensed even if only a single
regulated animal is on exhibit.
Carnivals--Concessionaires who exhibit
regulated animals must be licensed as exhibitors. (If you give
live regulated animals as prizes, you must be licensed as a
dealer.) Carnivals cannot be included in the exemption of an
agricultural show, such as a fair with a midway.
Promotional Exhibits--Anyone who uses
regulated animals to promote or advertise goods and services must
be licensed. (If you give away or sell animals as a prize, you
must be licensed as a dealer.) You must be licensed even if you
do promotions with only a single animal, such as a bear at a
gasoline service station, a monkey at a trade show, or an
elephant at a shopping center. You also must be licensed if you
use animals to promote photographs or photography.
Animal-Fighting Ventures--Staged dogfights,
bear or raccoon baiting, and similar animal-fighting ventures are
prohibited by the Animal Welfare Act, with stiff penalties for
convicted sponsors and promoters. Cockfights are permitted only
in the few States that have no law against them. Animal-fighting
ventures cannot be licensed or registered under the Act.
Amusement Parks--Amusement parks not owning
animals are exempt. A person owning animals that perform in an
amusement park must be licensed as an exhibitor and must comply
with USDA requirements for facilities, conditions, and situations
where animals are exhibited. Amusement parks exhibiting marine
mammals must be licensed, and their facilities must be inspected
by USDA.
Farm Animal Exhibition--Anyone who arranges
and takes part in showing farm animals at agricultural shows,
fairs, and exhibits is exempt. However, anyone exhibiting farm
animals for nonagricultural purposes (such as petting zoos) must
be licensed. Exhibitors of foreign farm animals not commonly
kept on American farms, including camels, must be licensed.
Booking Agents--Licensed Acts: Anyone
booking or arranging animal acts without owning any animals is
exempt. However, as an agent you should realize that the
exhibitors you book must comply with USDA requirements for
facilities, conditions, and situations where animals are
exhibited.
Pet Shows--Sponsors and participants at pet
shows, such as dog, cat, or rabbit shows, are exempt by law.
Horse Shows--Trainers, owners, riders, and
sponsors of horse shows--ževents where horses perform in certain
gaits--are not regulated under the Animal Welfare Act. APHIS
does regulate them, however, under the Horse Protection Act,
which forbids the inhumane practice of making a horse sore to
enhance its performance. This law does not require registration
or licensing.
Rodeos--Competitive events featuring only farm
animals and horses are exempt from both the Animal Welfare Act
and the Horse Protection Act. Two examples would be bull riding
and barrel racing. Circus-type acts performed at rodeos are not
exempt and must be licensed as exhibitors.
Animal Preserves--Game preserves, hunting
preserves, and similar enterprises that keep animals in the wild
state are exempt. However, if you maintain special exhibits for
compensation or promotional activities, you must be licensed or
registered as an exhibitor. If you sell animals to exhibits,
research, or the pet trade, you must be licensed as a dealer.
Hunts--Hunting events are not regulated.
Sponsors are not considered exhibitors if they keep animals only
for sport--not for exhibition purposes. Hunting is not
considered animal fighting, even if dogs, falcons, or other
animals are used to help bring down game.
Shows of Nonregulated Animals--Anyone with
exhibits limited to species of animals not covered by law or
regulated is exempt. Typical examples would be aviaries, reptile
houses, and aquariums not showing marine mammals.
Included under research, testing, teaching, or experimentation
are:
Registration is required to ensure that laboratory animals are
provided with care and comfort meeting USDA standards. The law
and regulations require the use of appropriate pain-relieving
drugs wherever possible. Registered research facilities
and all agencies of the Federal Government using animals in
research must submit an annual report stating how many regulated
animals were used and if any painful experiments were conducted.
The report must include the number and species of animals used in
painful procedures and an explanation as to why it was
necessary to omit pain relief.
Private research or testing institutions must be registered as
research facilities. If private institutions sell, exhibit, or
trade regulated animals to others, the institutions must be
licensed as animal dealers or exhibitors.
Drug Firms--Manufacturers of vaccines, drugs,
and other medicines must be registered as research facilities if
they do research, development, or quality-control tests on
regulated animals. Institutions must be registered under the
Animal Welfare Act even if they have USDA establishment licenses
to produce biologics under the Virus-Serum-Toxin Act. APHIS
enforces both acts, and the same inspector may check for
compliance with both laws.
Teaching Institutions--Facilities involved in
using animals for teaching purposes above the secondary-school
level must be registered under the Animal Welfare Act--for
example, college or university medical schools, veterinary
schools, biology departments, etc.
Diagnostic Laboratories--All diagnostic
laboratories using regulated animals must be registered.
Marine Mammal Facilities--Facilities using
marine mammals for behavioral, biomedical, and related studies
must be registered. (If the facility is open as an exhibit to
the public, it must also be licensed as an exhibitor.) The same
standards of animal care required for exhibitors apply to marine
mammal research facilities.
School Laboratories--Elementary, secondary,
and all other schools below the college level are by law exempt
from registration.
Agricultural Research Institutions--Research
institutions that perform work involving food, fiber, or
agriculture and that use horses and domestic farm animals,
including rabbits, are exempt by regulation and do not have to be
registered. However, if such institutions are doing
nonagricultural biomedical research, they do need to be
registered.
Institutions Using Only Biologic Specimens--
If only dead biologic specimens--no live animals--are used,
an institution is exempt. Suppliers of dead specimens made from
regulated animals or dead animals, however, have to be licensed
as dealers.
Institutions Using Only Nonregulated Species--
A research institution is exempt if it uses only laboratory
animals exempted by law or regulation. Examples are birds and
domestic rats and mice. Wild species of rats and mice are
regulated.
USDA, APHIS, AC
Central Region
USDA, APHIS, AC
Western Region
USDA, APHIS, AC
For the latest information, check the USDA Guidelines Page
Reference Index
Animal Exhibitors
Animal Transporters
Research Facilities
Introduction
Ensuring proper animal care and comfort is not just good
business--it is also required by law under the Animal Welfare
Act. Passed by Congress in 1966 and amended in 1970, 1976, 1985,
and 1990, the law protects many animals not raised for food or
fiber. It also sets stiff penalties for sponsors and promoters
of outlawed animal-fighting ventures.
Animal Dealers
If your business falls under any of the categories of "dealers"
listed below, you must be licensed by USDA. You cannot be
licensed or registered as an exhibitor. You must be licensed
according to what type of activity is your predominant business.
When first contacting APHIS, indicate the species you handle, the
type of business you are in, and the type of business to which
you sell animals. You can hold one type of license only.
Regulated Businesses
Pet Wholesalers--Anyone importing, buying,
selling, or trading pets in wholesale channels must be licensed.
Annual license fees are based on the amount received from the
sale of regulated animals less the amount paid for these
animals.Exempt Businesses
Retail Pet Stores--Anyone whose entire
business consists of selling domestic animals to pet owners is
exempt. However, if as part of your business you exhibit
animals, you may have to be licensed as an exhibitor.
Animal Transporters
If you are involved in any way in the transportation of regulated
animals as part of your business operation, you must be licensed
as a dealer or registered as an intermediate handler or carrier.
When contacting APHIS, indicate whether you are applying for a
license as a private carrier or are being registered as an
intermediate handler or public carrier, as described below.Regulated Businesses
Carriers--Any enterprise transporting
regulated animals for hire as a common carrier must be registered
as a carrier. This includes airlines, railroads, motor carriers,
shipping lines, and other enterprises. As a carrier, all your
facilities where animals are kept or held are regulated,
including terminals and freight storage. You are responsible for
enforcing all restrictions on animals that can be legally shipped
by your customers. You also are responsible for proper crating,
whether the shipper or receiver is a private pet owner, a
business, an institution, or a Government agency. Pets
transported by their owners as carryon baggage are not subject to
these restrictions.Exempt Businesses
Transporters of Nonregulated Species--There
is a blanket exemption for anyone transporting only animals not
included under Federal law or regulations (see Introduction).
Examples of carriers not needing licensing or registration are
those restricting their services to birds, fish, reptiles, and
amphibians.Animal Exhibitors
If you have animals on display to the public or conduct
performances featuring animals, you must become licensed as an
exhibitor. When first contacting APHIS about a license, indicate
the number and species of exhibit animals you have on hand
because the license fee is determined by the number of animals
held or exhibited. Also, indicate the annual income you receive
from exhibiting animals and from trading in animals. The annual
license fees for an exhibitor are based on the number of animals
held or exhibited. Regulated Businesses
Zoological Parks--Animal exhibits open to the
public must be licensed whether they are owned by States,
counties, or other local governments; corporations; foundations;
or private individuals. Zoos run by agencies of the Federal
Government are not licensed or registered, but the animals in
these zoos are inspected and are subject to these same USDA
standards of animal care. Petting zoos with regulated animals,
including rabbits, must be licensed and are subject to special
regulations protecting animals and the public.Exempt Businesses
Private Collections--Anyone who collects
animals but does not exhibit them to the public is exempt. The
exemption does not apply, however, if you sell (for other than
fur) any animal in the collection.
Unlicensed Acts (foreign): If foreign
circuses, acts, or shows enter the United States to exhibit,
their U.S. agent is required to be licensed and be responsible
for the show.Research Facilities
Institutions using any regulated live animals for research,
testing, teaching, or experimentation must register with the USDA
as "research facilities." If the institution is part of a larger
organization, the parent organization must acquire the
registration. Individual researchers and their attending
veterinarians should make sure their institution is legally
registered and all USDA regulations and standards are
followed.
Regulated Institutions
State-Owned and Local Government Facilities--
Public research institutions administered and/or funded by a
State or local government must be registered. State-run or
locally run institutions do not have to be licensed as dealers
even if they sell or trade regulated animals, but they must be
licensed as exhibitors if they exhibit animals.Exempt Institutions
Federal Facilities--Agencies of the Federal
Government that do research are not required to register with
USDA and are not inspected by APHIS, but each Federal agency is
responsible for complying with all USDA standards of animal care
and for submitting an annual report to USDA on the use of
regulated laboratory animals. Federal agencies that exhibit
regulated animals are not required to be licensed but are
inspected by USDA. Further Information
If you need more information about the Animal Welfare Act or your
responsibilities in animal care under this legislation, please
contact the Animal Care Regional Office for your State.
Animal Care Regional Offices
Eastern Region
Alabama, Connecticut, Delaware, District of Columbia,
Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire,
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto
Rico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia,
West Virginia, Wisconsin
Regional Director
2568-A Riva Road, Suite 302
Annapolis, MD 21401-7400
Telephone: (410) 571-8692
Fax: (410) 224-2854
Arkansas, Iowa, Kansas, Louisiana, Missouri,
Nebraska, North Dakota, Oklahoma, South Dakota,
Texas
Regional Director
501 Felix Street, Bldg. #11
P.O. Box 6258
Fort Worth, TX 76115-6258
Telephone: (817) 885-6923
Fax: (817) 885-6917
Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington,
Wyoming
Regional Director
9580 Micron Avenue, Suite J
Sacramento, CA 95827-2623
Telephone: (916) 857-6205
Fax: (916) 857-6212