Administrative

Material namesort ascending Citation Summary
US - Bears - Endangered and Threatened Wildlife and Plants; Reexamination of Regulatory Mechanisms in Relation to the 1998 Flori

The Fish and Wildlife Service reexamined the regulatory mechanisms in relation to the 1998 finding for a petition to list the Florida black bear (Ursus americanus floridanus), under the Endangered Species Act.  Pursuant to a court order, the Service reexamined only one factor, the inadequacy of existing regulatory mechanisms in effect at the time of our previous 1998 12-month finding.  Pursuant to that order, the Service reexamined the existing finding considering the laws, regulations, and policies that directly or indirectly provide protection to the bear or its habitats. Based on this review, the FWS concluded that the existing regulatory mechanisms applicable in 1998 are not inadequate and do not warrant listing the Florida black bear.

US - AWA Regulations - Table of Contents

This file provides the heading to all of the USDA regulations under the Animal Welfare Act with links to the appropriate files.

US - AWA - Subpart J. Importation of Live Dogs This subsection covers the importation of dogs into the United States. No person shall import a live dog from any part of the world into the continental United States or Hawaii for purposes of resale, research, or veterinary treatment unless the dog is accompanied by an import permit issued by APHIS and is imported into the continental United States or Hawaii within 30 days after the proposed date of arrival stated in the import permit. Health and rabies certificates are required as provided.
US - AWA - Subpart F. Specifications for Warmblooded Animals Other Than This subpart contains the Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals.
US - AWA - Subpart E. Marine Mammal Regulations This subpart concerns the Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals.
US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards.
US - AWA - Subpart C. Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits. These regulations contain the humane care provisions for rabbits.
US - AWA - Subpart B. Specifications for the Humane Handling, Care, etc. of Guinea Pigs and Hamsters. These regulations provide the specifications for the humane handling, care, treatment, and transportation of Guinea Pigs and Hamsters.
US - AWA - Subpart A. Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats This set of regulations contain the humane care provisions for dogs and cats under the Animal Welfare Act.
US - AWA - Senate Report on 1966 Animal Welfare Act

The Committee on Commerce, to which was referred the bill (H.R. 13881) to authorize the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs and cats intended to be used for purposes of research or experimentation, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

US - AWA - Part 2. Regulations. Subparts A to I This set of the regulations sets out the requirements and process for licensing and registration of dealers, exhibitors and research facilities.
US - AWA - Part 1. Definition of Terms. § 1.1 Definitions. This portion of the Animal Welfare Act (AWA) regulations consists primarily of the definitions of the terms.
US - AWA - Licensing and Inspection Requirements for Dealers of Dogs Intended for Hunting, Breeding, or Security Purposes 2003 WL 1092620 (F.R.)

The update of the Definition of Dealer, in Section 1.1 of the Regulation is made to reflect the policy that only wholesale dealers of dogs intended for hunting, security purposes, and breeding, and not dealers of retail services, will be controlled by the regulation.  Thus, there is only a minor change to the definition of dealer, in that it now explicitly excludes any retail outlets where dogs are sold for hunting, breeding or security purposes. 

US - AWA - House Report on 1976 Amendments to AWA

By 1976, rather than the use of animals in labs or stolen pets other animal protection issues had come to the forefront of public and congressional discussion. Those provisions dealing with research facilities and dealers were pretty much left alone by the 1976 amendments, which instead, dealt with several new topics.

US - AWA - House Report on 1970 Amendments to AWA

By 1970 it was apparent that changes in the law would be required if the goal of humane treatment of animals was to be realized. There were four areas of significant change to the AWA in the 1970 amendments.

US - AWA - House Debate 1966 AWA

This the debate in the House of Representatives for the initial adoption of the Animal Welfare Act in 1966. For discussion of Act see, Overview

US - AWA - House Conference Report 1985 (AWA)

The Senate amendment designates this title as the “Improved Standards for Laboratory Animals Act.” 

US - AWA - Congressional Conference Report on Adoption of 1966 AWA

There were three main purposes for the proposed law in 1966: to protect the owners of pet dogs and cats from the theft of their pets; to prevent the use or sale of stolen dogs or cats for purposes of research or experimentation; and to establish humane standards for the treatment of dogs, cats, and certain other animals by animal dealers and research facilities.

US - AWA - Animal Welfare; Transportation of Animals on Foreign Air Carriers 2004 WL 724205 (F.R.)

There has been a regulation update where a decision has been made to regulate the transportation of animals in commerce to all foreign air carriers, to or from any point within the United States.  If an animal is protected by the AWA, it will continue to be protected when being transported within or from the United States.  This update essentially increases the level of protection that animals protected under the AWA will receive.

US - AWA - Animal Welfare; Retail Pet Stores and Licensing Exemptions 2013 WL 5206012(F.R.) SUMMARY: We are revising the definition of retail pet store and related regulations in order to ensure that the definition of retail pet store in the regulations is consistent with the Animal Welfare Act (AWA), thereby bringing more pet animals sold at retail under the protection of the AWA. Specifically, we are narrowing the definition of retail pet store to mean a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of that animal after purchase, and where only certain animals are sold or offered for sale, at retail, for use as pets. Retail pet stores are not required to be licensed and inspected under the AWA. In addition, we are removing the limitation on the source of gross income from the licensing exemption in the regulations for any person who does not sell or negotiate the sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of the animals other than wild or exotic animals, dogs, or cats during any calendar year. We are also increasing from three to four the number of breeding female dogs, cats, and/or small exotic or wild mammals that a person may maintain on his or her premises and be exempt from the licensing and inspection requirements if he or she sells only the offspring of those animals born and raised on his or her premises, for pets or exhibition. This exemption applies regardless of whether those animals are sold at retail or wholesale. These actions are necessary so that all animals sold at retail for use as pets are monitored for their health and humane treatment.
US - AWA - Animal Welfare; Inspection, Licensing, and Procurement of Animals 2004 WL 1561072 (F.R.)

Several changes and updates have been made to the licensing requirements, the procedures for licenses renewals, and restrictions upon acquisitions of dogs, cats, and other animals.   Although there have been several minor changes, with little affect to the regulation, there have been some more significant changes as well.   The new regulation seems to tighten restrictions, and provides specific guidelines for license applicants.  

US - AWA - Animal Welfare; Definition of Animal The update to the Definition of Animal, in Section 1.1 of the Regulation, is simply made to make the definition of animal in the regulations more similar to that in the AWA.   The main change relates to mice, rats, and birds.   The definition in the Regulation has excluded mice and rats used for research, and all birds.   With this amendment, only birds that are bred or used for the purpose of research will be excluded.  
US - Assistance animals, housing - § 100.204 Reasonable accommodations. This section states that it is unlawful any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Examples of such situations are also given.
US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act.
US - Assistance animals, housing - Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal” under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504.
US - Assistance animals, housing - Part 8. Nondiscrimination Based on Handicap The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development.
US - Assistance Animal - Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act This guidance replaces HUD’s prior guidance, FHEO-2013-01,on housing providers’ obligations regarding service animals and assistance animals. In particular, this guidance provides a set of best practices regarding the type and amount of documentation a housing provider may ask an individual with a disability to provide in support of an accommodation request for a support animal, including documentation of a disability (that is, physical or mental impairments that substantially limit at least one major life activity) or a disability-related need for a support animal when the disability or disability-related need for the animal is non-obvious and not known to the housing provider. By providing greater clarity through this guidance, HUD seeks to provide housing providers with a tool they may use to reduce burdens that they may face when they are uncertain about the type and amount of documentation they may need and may be permitted to request when an individual seeks to keep a support animal in housing.
US - Air travel, service animals - Subpart H. Services on Aircraft. This federal regulation states that carriers must permit service animals to accompany passengers with disabilities. A carrier must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area. The Department of Transportation allows identification of a service animal by the presence of harnesses, tags, or "the credible verbal assurances of a qualified individual with a disability using the animal." A carrier is never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders). With respect to all other animals, including unusual or exotic animals (e.g., miniature horses, pigs, monkeys), a carrier must determine whether any factors preclude their traveling in the cabin as service animals (e.g., is the animal too large or heavy to be accommodated in the cabin, would it pose a direct threat to the health or safety of others, would it cause a significant disruption of cabin service, would it be prohibited from entering a foreign country that is the flight's destination, etc.). Foreign carriers, however, are not required to carry service animals other than dogs. If a passenger seeks to travel with an emotional support animal, he or she must provide current documentation on the letterhead of a licensed mental health professional. This documentation must indicate the presence of a DSM IV mental or emotional disability and the need for the animal, among other things.
US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

US - Air travel, service animals - Nondiscrimination on the Basis of Disability in Air Travel (proposed rules) 2008 WL 2018571 (F.R.)

The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.

US - Air travel, service animals - Guidance Concerning the Carriage of Service Animals in Air Transportation Into the United Kingdom 2007 WL 555627 (F.R.)

This notice publishes guidance concerning the carriage of service animals in air transportation from the United States (U.S.) to the United Kingdom (U.K.). These guidelines address the differences between U.K. laws regulating the transport of service animals on flights into the U.K. and U.S. law with respect to the carriage of service animals in air transportation. U.K. laws affecting the transport of service animals in air travel differ significantly from the requirements of the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulation in 14 CFR Part 382, resulting in uncertainty for carriers and persons with disabilities about the requirements that apply on flights into or transiting the U.K.

TX- Dangerous Animals - G. Caging Requirements and Standards for Dangerous Wild Animals. 25 TX ADC § 169.131, 132 This regulation establishes caging requirements and minimum standards of care for "dangerous wild animals," including: gorillas, chimpanzees, orangutans, baboons, lions, tigers, cheetahs, ocelots, cougars, leopards, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals, and all hybrids thereof.
TX- Circus, entertainment animals - Subchapter B. Care of Animals by Circuses, Carnivals, and Zoos 25 TX ADC § 169.41 - 169.48 [Note: §§ 169.41 to 169.48 were repealed eff. Nov. 13, 2016. This information is provided for historical purposes only.] This set of regulations sets license conditions and fees for circuses, carnivals, and zoos that are regulated by the Department of Health Services and establishes standards regarding the care of animals maintained by those facilities. All circuses, carnivals, and zoos that are regulated by the United States Department of Agriculture under the Federal Animal Welfare Act are exempt from these regulations.
TX - Rehabilitation, wildlife - Subchapter C. Wildlife Rehabilitation Permits 31 TX ADC § 69.43 - 53 This chapter of Texas regulations provide the requirements to obtain a wildlife rehabilitation permit. The qualifications to obtain a wildlife rehabilitation permit are also outlined. General facilities standards and inspection requirements are provided.
TX - Rabies control - § 169.22. Definitions 25 TX ADC § 169.22 This code is the definition section for the Texas Administrative Code's regulations on rabies control.
TX - Breeders - Chapter 91. Dog or Cat Breeders Program 16 TX ADC §§ 91.1 to 91.202 These are the regulations for the Texas Dog or Cat Breeder Act.
TN - Wildlife, possession - Chapter 1660-01-18. Rules and Regulations of Live Wildlife TN ADC 1660-01-18-.01 to .06 These Tennessee regulations outline the requirements for importation and possession of captive wildlife. The species of wildlife for each class of wildlife are described. Facilities for Class I wildlife are provided, which include specific requirements for Class I Felidae or Ursidae. The Class I qualification test requirements are also stated.
TN - Wildlife, commercial use - 1660-01-17-.01. GENERAL PROVISIONS FOR COMMERCIAL USE. TN ADC 1660-01-17-.01 This Tennessee regulation describes the commercial use of wildlife. Under the regulation, the commercial use of any State or Federally endangered species is prohibited. The commercial use of State and Federally threatened species and those species deemed in need of management are permitted only when such species are legally taken for the purpose of sale in the State of origin as provided in T.C.A. 70-8-109.
TN - Wildlife - Chapter 1660-01-15 Rules and Regulations for Animal Importation. TN ADC 1660-01-15-.01, .02 These Tennessee regulations outline the guidelines for importing any live wild animal species obtained from outside the State of Tennessee.
TN - Breeders - Chapter 1200-33-01. Commercial Breeders TN ADC 1200-33-01-.1 to .09 This chapter of Tennessee regulations implements the Commercial Breeder Act, T.C.A. § 44-17-701, et. seq. The section requires that a commercial breeder apply for license and comply with licensure requirements. Standards of care are governed by the federal regulations for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats under the Animal Welfare Act, found at 9 CFR §3.1 through 3.19.
SD - Health - 12:68:06:09. Importation of cats and dogs. S.D. Admin. R. 12:68:06:09 This South Dakota regulation states that no person may import into the state any dog or cat over three months of age without certification of a current rabies vaccination. Other health requirements for importation are detailed.
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control ARSD 12:68:18:01 - 09 Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection.
SC - Restaurant, animal - 9-3 OUTDOOR PET DINING SC ADC 61-25 This South Carolina regulation concerns outdoor dining with pets. The regulation first defines pets as domesticated cats, dogs, and ferrets. A retail food service establishment may allow customers to be accompanied by pets in an outdoor dining area provided the retail food service establishment complies with the requirements of this section and all other applicable sections of this regulation. Among other requirements include availability of cleaning supplies and sanitizers in the outdoor pet dining area, signage indicating that the area is "pet dining friendly," a separate outdoor entrance to the dining area, a requirement that owners keep pets restrained at all times, and a prohibition on pets on the table, countertop, or other food contact surface.
SC - Endangered Species - Chapter 123 Department of Natural Resources S.C. Code of Regulations R. 123-150 - 170

These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls.

SC - Disaster - South Carolina Emergency Operation Plan (Annex 17) The South Carolina Emergency Management Division (SCEMD) is the state agency with the responsibility for the development, coordination, and maintenance of the South Carolina Emergency Operations Plan, Hurricane Plan, Earthquake Plan, Terrorism Plan and other selected plans. Annex 17 is the main document covering animals in disaster situations for the state.
RI - Disaster Planning - Emergency Support Function 11 The State of Rhode Island Emergency Management Agency is tasked with the coordination of emergency response and plans. Emergency Support Function 11, "Provides situational awareness and coordinates support for; the protection of the state’s agricultural and natural resources during emergencies; the emergency sheltering of pet animals; animal health issues; provide technical expertise, of animal and agricultural emergency management; ensure the safety and of the state’s meat, poultry, and dairy production facilities within the state."
PA - Veterinary Issues - Rules of Professional Conduct 49 PA ADC § 31.21 The State Board of Veterinary Medicine is empowered under section 5(2) of the act (63 P. S. § 485.5(2)) to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skill and practice in the profession of veterinary medicine. In accordance with this authority, the Board has determined that the following rules are necessary in the public interest to protect the public against unprofessional conduct on the part of veterinarians.
PA - Rehabilitation, wildlife - Subchapter P. Wildlife Rehabilitation 58 PA ADC § 147.301 - 312

Under this Pennsylvania chapter of regulations, the Director may issue a permit to an individual who meets the requirements of 34 Pa.C.S. § 2901(a) (relating to authority to issue permits) and this subchapter for the purpose of wildlife rehabilitation, wildlife capture and transportation, and educational use of rehabilitation wildlife. "Wildlife rehabilitation"is defined as the treatment and temporary care of injured, diseased and displaced wildlife, and the subsequent release of healthy wildlife to appropriate habitats in the wild.

PA - Permits, Menagerie - Chapter 147. Special Permits 58 PA ADC § 147.281 - 287 These Pennsylvania regulations relate to safeguards for public safety, humane care and treatment, adequate housing and nutrition, sanitation, safety, acquisition and disposal of wildlife kept in menageries. Under the regulations, it is unlawful to keep wildlife in an unsanitary or unsafe condition or in a manner which results in maltreatment, mistreatment or neglect. The regulations outline requirements for cage construction, food and water provision, waste disposal, and drainage.
PA - Permits - Subchapter M. Exotic Wildlife Dealer 58 PA ADC §147 .241 - 246 These Pennsylvania regulations relate to the housing and care of exotic wildlife and public protection from wildlife that is being held or transported by exotic wildlife dealers. Under the regulations, it is unlawful to keep exotic wildlife in confinement in an unsanitary or unsafe condition, or in a manner which results in maltreatment, mistreatment or neglect. The regulations outline requirements for housing, cage construction, food and water provision, waste removal. and drainage.

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