The Animal Welfare Act was signed into law in 1966. It is the only Federal law in the United States that regulates the treatment of animals in research, exhibition, transport, and by dealers. The Act of August 24, 1966 is a regulatory law that seeks to control who may possess or sell certain animals and the living conditions for non-agricultural, domestic animals under which the animals should be kept. The law provides for criminal penalties, civil penalties, and revocation of permits for violations of the Act.
This Act was passed to prevent pets from being stolen for sale to research laboratories and to improve the treatment and well-being of animals intended for research. The Act intended to ensure the humane treatment of animals that are intended for research, bred for commercial sale, exhibited to the public, or commercially transported.
The act applies to any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or other warm-blooded animal determined by the Secretary of Agriculture to be for research or exhibition, or used as a pet. The Act explicitly excludes birds, rats, and mice bred for research, horses not used for research, and other farm animals that are used in the production of food and fiber. Wild animals and exotic animals are covered under the Act. Cold-blooded animals like fish and reptiles are excluded from the coverage of the Act.
Congress periodically has amended the act to strengthen enforcement, expand coverage to more animals and activities, or curtail practices which were deemed as cruel, among other things. However, farm animals are not covered by the Act, which is administered by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service.
A subsequent amendment to the Act was aimed at strengthening provisions against animal fighting. It banned the importation of puppies less than six months of age for resale, tightened prohibitions on dog and other animal fighting activities, and increased penalties for violation of the Act[i].
Generally, animal dealers and exhibitors are supposed to obtain a license, for which an annual fee is charged[ii]. Those who conduct research and general carriers that transport regulated animals do not require a license.
The Act requires a research facility to register with the United States Department of Agriculture (USDA), only if it uses dogs or cats and either purchases them in interstate commerce or receives federal research money[iii]. The law authorizes the Secretary of Agriculture to set humane handling standards for guinea pigs, nonhuman primates, rabbits, and hamsters as well as dogs and cats, but only dealers and research facilities with dogs and cats are subject to these standards. Farmers and pet owners are exempted from this law.
Dealers and exhibitors are required to make and retain for such reasonable period of time as the Secretary shall prescribe, such records regarding the purchase, sale, transportation, identification, and previous ownership of animals. Research facilities shall make and retain such records only with respect to the purchase, sale, transportation, identification, and previous ownership of live dogs and cats. At the request of the Secretary, any regulatory agency of the Federal Government that requires records to be maintained by intermediate handlers and carriers relating to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information that the Secretary shall require for the effective administration of this Act[iv].
All animals delivered for transportation, transported, purchased, or sold, in commerce, by a dealer or exhibitor shall be marked or identified as the Secretary shall prescribe. However, only live dogs and cats need be so marked or identified by a research facility[v].
The Secretary shall make appropriate investigations or inspection to determine any violations of the Act, or any regulation, or standard issued, by any dealer, exhibitor, intermediate handler, carrier, research facility, or operation of an auction sale[vi].
Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this Act or the regulations or standards promulgated, the Secretary shall notify the Attorney General, who shall apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this Act or the regulations and standards prescribed under this Act[vii].
Animal welfare advocacy organizations have continued to back proposals to further extend the reach of the Act.
[i] 7 USCS § 2158.
[ii] 7 USCS § 2133.
[iii] 7 USCS § 2136.
[iv] 7 USCS § 2140.
[v] 7 USCS § 2141.
[vi] 7 USCS § 2146.
[vii] 7 USCS § 2159.