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legislation > federal laws
Animal Welfare Act (AWA) > Licensing/Exemptions
The Animal Welfare Act does not protect all animals. Specifically, “many businesses that buy or sell warmblooded animals, exhibit them to the public (e.g. zoos, circuses), transport them commercially, or use them in experiments or teaching must be licensed or registered by the USDA. Normal farm-type operations that raise, or buy and sell, animals only for food and fiber, and business that use only fish and other coldblooded animal are exempt by law; those that use only rats, mice, or bird are exempt by regulation. … Retail pet stores are exempt from coverage under the Act. Unless the shop sells exotic or zoo animals or sells animals to unregulated businesses. Animal shelters and pounds are regulated if they sell dogs or cats to dealers. Pets owned by private citizens are not regulated.” (per USDA website) More details as to who is and isn’t exempt can be found at the “Guidelines” link below.
Understand the details It’s important to understand the details. As stated, ‘retail pet stores’ are exempt. This is a major loophole in the Animal Welfare Act. Dog and cat breeders who sell wholesale (to pet stores and other companies) are required to be licensed by the USDA. But breeders who choose to sell directly to the public through the Internet, classified ads or other means (acting as a ‘retail pet store’) are not required to be licensed. Today, with the Internet, some breeders are choosing to sell directly to consumers and avoid USDA licensing. In 2000, a coalition of animal protection organizations challenged this exemption. They believed all breeders should be licensed, whether they sell to consumers through pet shops or directly through the Internet or other means. The courts agreed, but the USDA appealed and the decision was overturned. This loophole still exists today. (See link below. Article is older so it doesn’t have the final court decision.) One reason for dog and cat breeder legislation in Minnesota, if heard and approved by Minnesota legislators, would be to allow the State of Minnesota to close this gap and license all breeders. (In past legislation proposed, hobby breeders were exempt.)
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