Companion Animals

Article Source: United States Department of Agriculture

How does the US Animal Welfare Act protect companion animals?

Regulation by USDA, under the Animal Welfare Act and its regulations does not apply to many problems related to companion animals. The Act covers the sale and exhibition of wild/exotic animals and the wholesale of pet animals; however, birds, rats, and mice are presently exempted, and dogs, cats and other animals have limited coverage. Cold blooded species, such as reptiles, are not regulated under the Act. Wholesale breeders, dealers, exhibitors and research labs are covered but not small retail breeders and pet shops selling only domestic pet animals. These are usually covered by local (state, county) anti-cruelty laws and in some instances by local animal regulations or public health laws. If you have concerns about a facility covered under the Act, you may contact APHIS Animal Care.

The actual law and amendments can be found at: Animal Welfare Act as Amended (7 USC, 2131-2156) [ Full Text, Summary]. A federal regulation resulting from the law can be found at: Code of Federal Regulations, Title 9, Chapter 1, Subchapter A - Animal Welfare [ Full Text, Summary].

Public Law 101-624 requires shelters and dealers to hold a cat or dog for a period of time before selling it to a research lab, to give possible owners a chance to reclaim it, and requires that detailed records be kept to help track lost pets.

What do I do if I notice what seems to be substandard conditions at a pet store?

Pet stores are not covered under the Animal Welfare Act unless they sell animals to research, sell wild or exotic animals or exhibit wild or exotic animals to the public, such as a petting zoo or at schools. If they do not meet these requirements the USDA has no jurisdiction over them. We suggest you first complain to the store and make sure the people responsible (supervisor, manager, owner, parent company, etc.) are all aware of the situation. If you feel that this was not a temporary oversight and you want to take further action, the Better Business Bureau (BBB) is one option (find the BBB in your state http://lookup.bbb.org/).

You may also check whether there are any state or local county laws covering the health of animals in pet shops. Often state or local anti-cruelty laws cover this situation. We are not qualified to give advice on the law but suggest that you always check to see if there are recent updates when acting on a law posted on a web site.

What do I do if I notice what seems to be substandard conditions at a breeder?

If the breeder is covered under the Animal Welfare Act, you may report them to the nearest Animal and Plant Health Inspection Service (APHIS) regional office. If they are not covered, see the answer to the previous question for possible courses of action.

What dog breeders are covered by the Animal Welfare Act?

Dog breeders with three or fewer breeding females are not covered under the AWA. See AWA, (scroll down to) "Subpart A--Licensing Sec. 2.1 Requirements and application. (a)(3) Those exempt from licensing:" Any person who maintains a total of three (3) or fewer breeding female dogs and/or cats and who sells only the offspring of these dogs or cats, which were born and raised on his or her premises, for pets or exhibition, and is not otherwise required to obtain a license.

What do I do if my pet has been stolen?

The best thing to do if you believe your pet has been stolen, is to contact your local police department. Also contact your nearest Animal and Plant Health Inspection Service regional office. If you are unsure whether your pet was stolen, also contact your local shelters and animal control office. You may also use the Missing Pet Network or read more information on safeguarding your pet.

I want to start a shelter. What laws regulate shelters? What information is available to help me set one up?

In general, shelters are not covered by the Animal Welfare Act unless they sell to dealers or research labs or they sell wild animals, such as monkeys. There may be local laws in your area which govern shelters. You can find out by contacting the same offices which enforce anti-cruelty laws. You may search for these laws at: Anti-cruelty Statutes by State.

There are many web sites which support efforts to start shelters. See the Shelters, Rescue & Welfare Organizations section of our web site. Another useful source of information is the American Boarding Kennels Association. See their "General Store " section to find books on starting and running kennels.

The ShelterFundraising listserv is focused on starting and funding shelters. Look through the archives and/or post a question. It also has many interesting links and many fund-raising ideas. We provide a list of funding sources on the AWIC Web site under Funding Opportunities. FundsNet Services Online also lists funding agencies, but you need to check which ones fund animal related projects and which ones will fund a project in your state.

What restrictions or Federal regulations apply when I travel with my pet out of the state or country? Do I need a health certificate? Can the same health certificate be used for the return or do I need to get another one?

When traveling from state to state check the U.S. State and Territory Animal Import Regulations for "...the latest regulations on interstate movement of animals". For international travel see the International Regulations for Animals listed by country. The National Center for Import-Export Animal Program gives specific information on bringing horses or birds into or out of the country.

We also recommend asking your veterinarian these questions, especially to obtain a certificate of rabies vaccination.

What do I need to know to take my pet on the plane with me?

The APHIS publication, Traveling by Air with Your Pet includes information to answer your questions. Additional information is available in the Traveling of our web site.

We also recommend contacting the airlines early to ask about their specific regulations. Also see the resources in the previous question.

What laws/regulations apply when I want to buy or own a wild animal?

Laws involving the care or sale of animals or captive wildlife vary from state to state and often from county to county, within the states. In order to find the relevant laws you need to know: --in what state you plan to purchase the animal --in what state you plan to keep it --whether this is a private collection (your own personal use) or whether this is part of an exhibit, demonstration facility, or other use besides a private collection. Laws vary depending upon the use of the animal.

If you want to import a wild animal from another country, please see the National Center for Import-Export Animal Program webpage.

If you are interested in a wild animal native to another country but bred in the US, please see the US Fish and Wildlife Service document on Captive-Bred Wildlife.

For some wildlife species native to the US, it is illegal to keep them captive without a special permit. These permits are usually issued to wildlife rehabilitators or exhibitors such as zoos and wildlife centers where they are used for conservation purposes, including education. This US Fish and Wildlife Service web site describes some of the relevant laws and permits. See also the Fish and Wildlife Service Frequently Asked Questions (FAQs) for more information including how to contact them; and the Legislation, Policies and Guidelines section of our web site.

Also, check your state wildlife agencies to see which local laws apply and when you need a permit. This US Fish and Wildlife Service site has links to other federal agencies and to state agencies which, in some cases, have jurisdiction over native wildlife.

What are the laws or rules pertaining to the containment of dogs? My neighbor complained about my dogs getting out and doing some damage. I have witnesses verifying that my dogs were in my yard. Animal Control took them for quarantine even though my dogs were in my fenced yard when they arrived. Were they wrong for taking my dogs?

We provide information relating to the Animal Welfare Act, which is a federal law. There are no US federal laws on containment of pets, but there are usually local laws, in the city or county, regarding dogs being contained or on a leash, especially those considered dangerous (and your dogs are suspected of being dangerous). Usually the local animal control office is in charge of enforcing containment laws, but it can be difficult to find the relevant office as the names vary across jurisdictions. Your local humane society or shelter probably know the laws regarding pet dogs and cats and which office is in charge of enforcement. To find yours, look at the Shelters, Rescue & Welfare Organizations section of our web site or check the American Society for the Prevention of Cruelty National Shelter Directory. You can also ask your local librarian where to search for such laws or you can search for laws yourself at State Statues on the Internet. If the state site allows searching, use these search words: "dog" and "leash" or "confine" or "dangerous" or "injury". If there is a disagreement on whether it was lawful to take the dogs, you may need to consult a lawyer.

I paid for a pet from a breeder and the shipping arrangement fell through. Now we are being charged maintenance fees for the pet and the breeder is refusing to speak to us or give us any information. We have no contract, but this doesn't sounds legal. Is it?

This does not sound like a welfare problem, but a business transaction problem. If you believe it involves animal welfare, contact APHIS Animal Care to see if the breeder is licensed. Depending upon what type of breeder it is, they may not be required to have a license. Most local laws that deal with purchasing pets concern the pet's health, not the transaction. We are not lawyers and cannot provide legal advice on these issues. You may wish to search the Government and Professional Resources section of our web site or State Statutes on the Internet. You may also wish to contact your local Better Business Bureau or ask a reference librarian at your local public library for resources on business transaction problems.

I just got a baby chick/ duck/ rabbit for Easter. How do I take care of it?

We recommend researching the care of a pet *before* purchase, not only so you will be ready to care for it, but also so you can make an informed decision about whether you want that species as a pet. For this reason, giving pets as surprise presents is a risky practice. The animal may end up homeless if the receiver decides they didn't want the pet. If you intend to give bunnies or chicks or ducklings around Easter, first be aware of what the local laws are concerning housing these animals, how long they live, and what care they need as adults. Be prepared to commit to caring for them for their lifetime.

If you suddenly find yourself on the receiving side of this sort of gift, see the Pet Species section of our web site for resources on the care and health of many pet animal species, including rabbits.

If you still have questions, contact your local agriculture extension agent. They can provide information on dietary needs and where to get the correct feed. The 4-H may also be a helpful source of information. Additionally, pet stores often have books for sale on the care of various animals.

Article Source: United States Department of Agriculture
Companion Animals