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How Birds Came Under the Animal Welfare Act - A Brief History

The Federal Laboratory Animal Welfare Act commonly referred to as the Animal Welfare Act, was enacted in 1966 to protect owners from pet theft, prevent use of stolen pets, and ensure the humane treatment of research animals. Under the Act at that time, an animal was defined as live dogs, cats, monkeys (nonhuman primates), guinea pigs, hamsters, and rabbits. The Animal Welfare Act of 1970 expanded the list of covered animals to include all warm-blooded animals determined by the Secretary of Agriculture as being used, or intended for use, in research, testing, experimentation, or exhibition, or as a pet, and specifically excluded horses not used for research purposes and other farm animals when used for agricultural purposes.

In 1971, the USDA amended the definition of animal to incorporate the 1970 amendments to the Act and to specifically exclude birds, rats, and mice for enforcement purposes. In 1989, USDA further amended that definition by, among other things, narrowing the exclusion for rats and mice to only those rats of the genus Rattus and mice of the genus Mus bred and used in research and all birds from coverage for over 30 years. Other types of of rats and mice, such as wild rats and mice, are covered by the AWA.

A number of Animal Rights groups had been urging the USDA to cover birds, rats and mice under the AWA. They contended that the exclusion of these animals was arbitrary and capricious. Birds, rats, and mice account for roughly 95% of the animals used in research. The Alternatives Research and Development Foundation (ARDF), an animal rights group affiliated with the Anti-vivisection Society, filed a petition in April of 1998 then sued in March of 1999 for the USDA to cover birds, rats and mice. USDA settled the lawsuit with ADRF in October of 2000 and agreed to cover birds, rats and mice out of fear that a court settlement would force immediate coverage. The settlement allowed USDA time to develop regulations before requiring licensing for facilities that deal with birds, rats and mice.

The Farm Security and Rural Investment Act of 2002 included the Helms Amendment which amended the definition of animal in the AWA by specifically excluding birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research. It was thought that all birds would be excluded by the Helms Amendment but a later determination held that only birds bred for use in research would be exempt.

In June 4, 2004, the USDA published the Advanced Notice of Rulemaking regarding the regulation of birds under the AWA in the Federal Register. Comment periods run for 60 days from the publication of such notices which put the end of the comment period on August 3, 2004, just before the 2004 AFA Convention where NAWA had hoped to discuss this issue with the broader avicultural community. Participants of NAWA wrote to the USDA requesting an extension of this comment period to allow input from aviculturists at the AFA Convention. The USDA granted this request and extended the comment period to November 1, 2004.

Currently, birds are included in the definition of animal in the AWA, but birds are not yet regulated since the regulatory development process has not run its course. The USDA is currently reviewing the comments to develop a draft of the regulations and will then publish that draft for further comment. Presumably, the economic impact study will also need to be completed before regulations are finalized.

Questions can be accessed at the following USDA web link.

Animal Welfare; Regulations and Standards for Birds, Rats, and Mice - Docket No. 98-106-5 Advance notice of proposed rulemaking in PDF (includes full text of questions from the USDA)