| Animal Exhibitors
November 2001
Animal Care
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department
of Agriculture (USDA) enforces the Animal Welfare Act (AWA), which is Federal
legislation that ensures the humane care and treatment of certain animals
that are exhibited to the public.
When Congress amended the AWA in 1970, coverage under the Act was extended
to warmblooded animals exhibited to the public. APHIS' Animal Care
program ensures that exhibitors comply with the AWA's standards and regulations
through licensing and regular unannounced inspections.
Regulated Animal Exhibitors
Persons who have warmblooded animals on display or animals that perform
for the public must be licensed as exhibitors with APHIS. Licensed
exhibitors include circuses, roadside animal exhibits, zoos, petting zoos,
animal acts, wildlife parks, nature preserves, game farms, and marine mammal
parks.
Exempted Animal Exhibitors
The AWA exempts certain animal exhibits from Federal regulation. Those
who exhibit only farm animals in agricultural events are not required to
be licensed or registered. Pet shows, dog races, horse shows and
races, and rodeos also are exempted from regulation under the AWA.
Animal preserves that keep wild animals are exempted from coverage provided
that the facility does not publicly exhibit or use the animals for promotional
purposes. Exhibitors showing only birds or coldblooded animals, such
as fish and reptiles, are exempt from regulation under the AWA.
The AWA Requirements
APHIS requires licensed exhibitors to provide their animals with adequate
care and treatment in the areas of housing, handling, transportation, sanitation,
nutrition, water, general husbandry, veterinary care, and protection from
extreme weather and temperatures.
Recordkeeping
Licensed exhibitors must maintain on their premises accurate records
of the animals that come into their possession and of the veterinary care
the animals receive. This information must be made available to APHIS
during inspection.
Safety Measures
Exhibitors must minimize possible harmful risks to the public and to
the animals during public exhibition by providing sufficient distance or
barriers between the animals and the public.
When animals are in direct contact with the public, a knowledgeable
and responsible attendant must be present. During public exhibition,
dangerous animals, such as lions, tigers, bears, and elephants, must be
under the direct control of an experienced trainer.
Proper Handling
According to requirements under the AWA, animals must be exhibited
only for set periods of time and under conditions consistent with their
health and well-being. Exhibitors must handle animals carefully and
humanely to prevent unnecessary stress or discomfort.
Among other requirements, performing animals must be given a rest period
between shows that is at least as long as one performance period.
The AWA also forbids exhibitors from denying animals their daily nutritional
and dietary requirements as a way of training or working them. Exhibitors
must not physically abuse animals while training or working them or use
tranquilizing drugs to facilitate public handling of the animals.
Animals must also be protected from rough handling during public contact
sessions. Young and immature animals should be limited to shorter
exhibition and contact periods.
AWA Enforcement
APHIS ensures that regulated exhibitors are licensed. APHIS also
conducts searches for unlicensed exhibitors.
Before APHIS will issue a license, the applicant must be in compliance
with all standards and regulations under the AWA. To ensure that
all licensed facilities continue to comply with the Act, APHIS inspectors
make unannounced inspections. Traveling exhibits are required to
submit their performance schedules to APHIS in advance so that APHIS inspectors
may regularly inspect their premises at any location.
APHIS officials also conduct inspections of exhibitors in response
to public concern about possible animal welfare violations.
If an inspection reveals deficiencies in meeting the AWA standards
and regulations, the inspector instructs the exhibitor to correct the problems
within a given time frame. If problems remain uncorrected at the
unannounced followup inspection, APHIS documents the deficiencies
and considers possible legal action.
APHIS also conducts reviews and investigates alleged violations.
Some cases are resolved with a notice of warning or a stipulation agreement,
which set civil penalties for the infractions. Civil penalties may
include cease-and-desist orders, fines, and license suspension or revocation.
If APHIS officials determine that an alleged AWA violation warrants additional
action, APHIS submits all evidence to USDA for legal review.
Many State and local governments have passed additional animal welfare
legislation. The public is encouraged to work with Federal, State,
and local officials as well as local humane organizations to help eliminate
inhumane treatment of animals.
Additional Information
For more information about regulation of animal exhibitors under the
Animal Welfare Act, contact:
USDAAPHISAnimal Care
4700 River Road, Unit 84
Riverdale, MD 20737-1234
phone 301-734-7833
fax 301-734-4978
e-mail ace@aphis.usda.gov
Internet: www.aphis.usda.gov/ac
The U.S. Department of Agriculture (USDA) prohibits discrimination in
all its programs and activities on the basis of race, color, national origin,
sex, religion, age, disability, political beliefs, sexual orientation,
or marital or family status. (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 USDA, Director, Office
of Civil Rights, Room 326-W, Whitten Building, 1400 Independence
Avenue, SW, Washington, DC 20250-9410 or call (202)Ý720-5964 (voice and
TDD). USDA is an equal opportunity provider and employer.
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