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APHIS Factsheet Animal Care July 2009

OldDog/NewTricks

Well-known member
APHIS Factsheet Animal Care July 2009
Animal Welfare Act Guidelines for County and State Fairs

The Animal Welfare Act (AWA) requires people who exhibit animals to the public for compensation to be licensed with the U.S. Department of Agriculture (USDA). The AWA also excludes certain activities from this requirement, including the exhibition of agricultural animals for the purposes of promoting agricultural arts, sciences, and production. This means that agricultural exhibits at State and county fairs are exempt.
However, some exhibition activities found at State and county fairs do require the exhibitors to be licensed under the AWA.

Regulated Animal Exhibitors
Entities that exhibit certain animals must be licensed as Class ‘C’ licensees by USDA’s Animal and Plant Health Inspection Service (APHIS). Under the AWA, an “exhibitor” is defi ned as an individual or business that:
• Allows the public to view animals for compensation;
• Trains, handles, or owns animals used in film or television;
• Uses photographs of live animals in promotional materials such as fliers and other advertisements;
• Operates a travelling, roadside, or stationary zoo;
• Performs with animals such as in a circus or other type of show; or
• Uses animals in educational presentations.

Class ‘C’ licensees include:
• Zoological parks
• Marine Mammal Parks
• Wildlife Parks
• Petting Zoos and Farms
• Sanctuaries that use animals for promotional purposes or allow public access/viewing of animals
Many people exhibit their animals at events such
as county and State fairs. Although APHIS does not
license the organizers of such events, the agency
does encourage them to verify that those exhibitors
whose animals are covered under the AWA hold a
USDA license. Examples of covered activities that
often occur at events such as fairs include nonlivestock
exhibitions such as:
• Exhibition—including photo shoots—of big cats
(regardless of age of the animals), and of
nonhuman primates
• Elephant rides
• Camel rides
Other similar types of animal acts and situations
may qualify as exhibition and require a USDA license.
Exempted Animal Exhibitors
The AWA exempts certain animal exhibits/exhibitors
from Federal regulation. Those who solely exhibit
farm animals in agricultural events, race animals,
or show privately owned pets (e.g. dogs and cats)
are typically exempt. Examples of exempted animal
exhibitors include:
• Pet shows
• Dog races
• Horse races
• Hog wrestling
• Horse shows and exhibits
• Rodeos
• Bull fi ght
• Exhibits of coldblooded animals
• Animal preserves and sanctuaries that do not use
the animals for promotional purposes, including
advertising materials, or allow public access or
viewing
State and Local Laws
States are empowered to create and enforce their own
humane treatment regulations which, in many cases,
exceed the minimum AWA standards. AWA licensees
must follow all State and local laws in addition to
meeting AWA standards. APHIS encourages the public
to work with Federal, State, and local officials as
well as local humane organizations to help eliminate
inhumane treatment of animals.
AWA Compliance and Inspections
To ensure that licensed exhibitors maintain AWA standards,
licensees are subject to randomly scheduled,
unannounced compliance inspections of premises
and animals covered under the law. These inspections
are conducted by a veterinarian or qualifi ed
animal care specialist employed by USDA and trained
to identify potential violations of the law or its regulations.
During the inspections, the USDA representative
examines and documents all areas of care
and treatment that are covered under the law. This
includes such activities as observing regulated animals;
inspecting the facilities, including enclosure or
United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, age, disability, and where applicable, sex, marital
status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because all or part
of an individual’s income is derived from any public assistance
program. (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 fi le a complaint of discrimination, write to USDA,
Director, Office of Civil Rights, 1400 Independence Avenue, S.W. ,
Washington , D.C. 20250–9410 , or call (800) 795–3272 (voice) or
(202) 720–6382 (TDD). USDA is an equal opportunity provider and
employer.
housing materials and space, as well as food storage;
and reviewing all appropriate records such as animal
acquisition records, medical records, and necropsy
reports,
Once the inspection is completed, the inspector
creates a written document detailing any issues that
require correction; this is referred to as an inspection
report. For each issue that requires correction, the
specifi c applicable regulation is cited, along with a
description of the problem. If a correction cannot be
made before the USDA inspector leaves the premises,
the inspector provides the licensee with a correction
deadline. Patterns of repeat noncompliances, serious
incidents, and certain other violations can warrant
enforcement action ranging from letters of warning to
license revocations.
State and County Fairs and the AWA
In conclusion, some activities that occur at State and
county fairs are regulated under the AWA. The AWA
mandates that licensed exhibitors meet minimum standards
of humane care and handling for their animals.
The law covers many things from sanitation and cleanliness
to space requirements for animal enclosures
and recordkeeping protocols. For the complete list of
standards, please refer to the AWA regulations, which
can be found on the APHIS Web site at www.aphis.
usda.gov/animal_welfare.

Additional Information USDA
For more information about licensing of animal exhibitors under the AWA, please contact APHIS’ Animal

Care regional offices at:
Eastern Region–Raleigh, NC,
APHIS, Animal Care
920 Main Campus Drive, Suite 200
Raleigh, NC 27606
Telephone: (919) 855-7100
Fax: (919) 855-7123
E-mail: [email protected]
Western Region–Fort Collins, CO
USDA, APHIS, Animal Care
2150 Centre Avenue
Building B, Mailstop #3W11
Fort Collins, CO 80526
Telephone: (970) 494-7478
Fax: (970) 472-9558
E-mail: [email protected]
For general information, contact Animal Care
headquarters at:
USDA, APHIS, Animal Care
4700 River Road, Unit 84
Riverdale, MD 20737
Telephone: (301) 734-7833
Fax: (301) 734-4978
E-mail: [email protected]
 
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