REMINDER: USDA REGISTRATION REQUIREMENTS
March 16, 2018
The U.S. Department of Agriculture’s (USDA) Animal Welfare Act (AWA) requires carriers that transport animals to register with the USDA. If your company is not currently registered pursuant to the AWA, this may result in administrative action from USDA’s Animal and Plant Health Inspection Service (APHIS), the agency that enforces the AWA. Below is a summary of the AWA and its registration requirements.
The AWA 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 AWA requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Other laws, policies, and guidelines may include additional species coverage or specifications for animal care and use, but all refer to the Animal Welfare Act as the minimum acceptable standard.
APHIS ensures that all regulated commercial animal breeders, dealers, brokers, transportation companies, exhibitors, and research facilities are licensed or registered. APHIS also regularly searches for unlicensed or unregistered parties. Before APHIS will issue a license, the applicant must be in compliance with all standards and regulations under the AWA. To ensure that all licensed and registered facilities continue to comply with the Act, APHIS inspectors regularly make unannounced inspections. If an inspection reveals deficiencies in meeting the AWA standards and regulations, the inspector will document the deficiencies and instruct the operation to correct the problems within a given timeframe. If deficiencies remain uncorrected at subsequent inspections, APHIS will consider legal action.
9 C.F.R 2.25(a) requires that each carrier and intermediate handler shall register with the USDA by completing and filing a properly executed form which will be furnished, upon request, by the AWA Regional Director. Intermediate handlers include airlines, railroads, motor carriers, shipping lines, and other enterprises. We note that “regulated animal” is generally any warm blooded animal which is being used, or is intended for use for research, teaching, testing, experimentation, exhibition purposes, or as a pet. Additionally, registrations are generally valid for three years and a failure to become a registered carrier is a punishable violation of the AWA, which is enforced by the USDA. Violations of the AWA can result in criminal penalties, civil penalties (up to $5,000 per incident) and the revocation of a carrier’s AWA permit. If you are currently transporting animals, and do not have a registration, please contact us for assistance.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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