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After 20 years, the USDA has finally promulgated its Animal Welfare Act (“AWA”) regulations for birds.
The AWA covers the handling, care, treatment, and transportation of covered animals by dealers, research facilities, exhibitors, operators of auction sales, and carriers and intermediate handlers.
While birds not bred for use in research have been part of the AWA definition of “animal” and thus covered by the AWA since 2002, the USDA had not promulgated regulatory standards to cover birds until now. After waiting twenty years for these regulations, people are naturally wondering, “Who do the regulations apply to?” and “What do they require?”
We previously posted about the “Who” (https://blogs.duanemorris.com/animallawdevelopments/2023/02/22/finally-animal-welfare-act-bird-regulations-part-1-who-is-covered/?lctg=99214282) This blog post will cover the second question—What Do The Regulations Require?
Part 2: What do the AWA Bird Regulations Require?
The new bird regulations will be found in 9 C.F.R. Part 3, Subpart G, once they go into effect. They fall into three general categories:
(2) Animal Health and Husbandry Standards; and
Perhaps in recognition of the huge number of bird species with their vast arrays of health and husbandry needs, the regulations are in large part performance-based rather than prescriptive—meaning that they require enclosures/food/water/transport that are “adequate” or “sufficient” or “allow for normal postural and social adjustments,” rather than requiring certain dimensions or a certain amount of food/water at particular intervals. For example, while it may make sense to require that most birds be transported in temperatures above freezing, that does not make sense as a requirement for some penguins.
Below we discuss some particularly notable standards, but encourage those covered by or interested in the regulations to review the Federal Register publication for the entirety of the text of the new regulations and USDA’s explanations of those regulations at: https://www.federalregister.gov/documents/2023/02/21/2023-03357/standards-for-birds-not-bred-for-use-in-research-under-the-animal-welfare-act
These sections include standards for indoor and outdoor facilities, primary enclosures, and environmental enhancements to promote psychological well-being. 9 C.F.R. §§ 3.150-3.154.
Some notable items and USDA commentary include:
(2) Animal Health and Husbandry Standards
These sections include standards feeding, watering, water quality, cleaning/sanitizing/housekeeping/pest control, employees, and compatibility and separation. 9 C.F.R. §§ 3.155-3.160.
These sections include standards consignments to carriers and intermediate handlers, primary enclosures used to transport live birds, primary conveyances, food and water requirements, care in transit, terminal facilities, handling, and climate and environmental conditions during transportation. 9 C.F.R. §§ 3.161-3.168.
These standards generally align with those of the International Air Transport Association (“IATA”). 88 Fed. Reg. 10654, 10702. The transportation standards have more objective requirements than the other bird regulations, but generally also include appropriate exceptions or exemptions from those objective requirements.
Some notable items with specific requirements include:
The USDA anticipates that many entities will have questions regarding these new standards, and encourages questions to be emailed to [email protected] . It also intends to develop guidance by publishing and responding to frequently asked questions, and plans to develop web-based and paper-based training resources for licensees to assist with implementing the new standards.
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