Bird Regulation Alert!

USDA Animal Welfare Act

The USDA has been legally compelled to add bird-specific regulations to the Animal Welfare Act. These new regulations could theoretically be applied to anyone who keeps birds for any purpose other than scientific research, including pet owners.

On Friday, December 16, 2022, OPA attorney David Garcia and OPA President Steve Duncan hosted a live Q&A session discussing this legislation and how it will impact bird owners.

The current version of the proposed laws would require permits for any bird owner who fits any of the following qualifications:

• Possesses more than 4 breeding females, whether they are paired or not, regardless of whether they are part of a breeding program.
• Generates more than $500 per year on bird related commerce, including exhibitors. This can even mean monetized educational channels on social media. Even the owner of a single pet bird who wins a bird show could quality.

Anyone owner who falls within these broad categories will need to have a federal permit in order to legally keep birds!

 Permitted owners will be required to adhere to a wide variety of guidelines imposed on:

• General care and husbandry
• Facilities and enclosures
• Pairing and breeding
• Transportation
• Record keeping
• Sales and transfers
• Storage of food and cleaning supplies
• Animal enrichment

Any facilities where birds are kept will also be subject to regular mandatory inspections. Commercial storefronts are exempt under the current proposal.

Owners will also be required to have an attending veterinarian to authorize and oversee any changes to facilities, diet, or care. Currently there are not enough certified avian vets in the entire country to service this requirement, and many general vets will not be familiar with the unique and specialized needs of various exotic bird species.

The primary concern of the ASA in regard to this new legislation is the overly broad and vague definitions being applied. Many provisions have been simply adapted from the mammalian care requirements even in cases where this may not be applicable or appropriate. The wording frequently employs non-specific terms such as “may include” which leaves a worrying amount of room for personal interpretation and arbitrary rulings by individual inspectors and overseeing vets.

The exact details are still being amended. As such, we advise ALL bird owners to be on alert and stay informed on the progress and current status of these updates to the Animal Welfare Act.

The comment period was closed in April of 2022. See the official ASA comments. The full text of the proposed regulations is available for review in the Federal Register. This new legislation will be finalized in February of 2023.

Federal Register: Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act