Accreditation and the law
Animal Welfare Act
Also called AWA, USDA license, USDA exhibitor license, Class C license, Laboratory Animal Welfare Act
Definition
The Animal Welfare Act is the main U.S. federal law setting minimum standards of care for animals that are exhibited to the public, sold as pets, used in research or transported commercially. It is enforced by the USDA, which licenses zoos and other animal exhibitors and inspects them.
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What the Animal Welfare Act is
The Animal Welfare Act (AWA) is the main federal law in the U.S. that regulates how certain animals are treated in exhibition, research, the pet trade and commercial transport. It sets minimum standards for housing, feeding, handling, sanitation, shelter from weather and veterinary care.
President Lyndon B. Johnson signed the original law, then called the Laboratory Animal Welfare Act, on August 24, 1966. It focused on dogs and cats used in research. A 1970 amendment broadened it to warm-blooded animals used in exhibition, which is how it came to cover zoos, circuses and roadside attractions. Congress has amended it several more times since.
Who enforces it
The U.S. Department of Agriculture (USDA) enforces the AWA through the Animal Care program of its Animal and Plant Health Inspection Service (APHIS). APHIS issues licenses, writes the detailed regulations, and sends inspectors to licensed facilities.
What a "USDA license" means
Anyone who exhibits covered animals to the public generally needs a USDA exhibitor license, known as a Class C license. Large city zoos, small private zoos, traveling animal shows and roadside attractions all fall under the same license type.
A USDA license tells you a facility is legally allowed to exhibit animals and is subject to federal inspection. It does not mean the facility meets any higher professional standard. According to AZA, only about 10% of the nearly 2,150 USDA-licensed exhibitors are AZA-accredited.
The license also matters under other laws. For example, the federal Big Cat Public Safety Act of 2022 lets Class C licensees keep big cats only if they don't allow members of the public to have direct contact with them.
Which animals are covered
The AWA covers most warm-blooded animals used for exhibition, research or sale as pets. It does not cover:
- cold-blooded animals, such as reptiles, amphibians and fish;
- farm animals used for food, fiber or agricultural research;
- birds, rats of the genus Rattus and mice of the genus Mus that are bred for research.
Birds not bred for research have been covered since a 2002 amendment, and the USDA's specific standards for birds took effect in March 2023.
USDA license vs. accreditation
Think of the two as a floor and a ceiling:
- USDA license: required by law, sets minimum standards, applies to every covered exhibitor.
- Accreditation: voluntary, set by independent organizations such as AZA, ZAA or GFAS, with their own inspections and much more detailed standards.
The AWA is also separate from the Endangered Species Act, which protects listed species from harm and trade rather than setting care standards. To compare facilities near you, browse the U.S. zoo directory.
Common questions
Do zoos need a license in the U.S.?
Yes, in most cases. A zoo or other business that exhibits animals covered by the Animal Welfare Act to the public needs an exhibitor license from the USDA, often called a Class C license. Many states and cities have their own permit rules on top of that.
Is a USDA license the same as accreditation?
No. A USDA license is the legal minimum to exhibit covered animals. Accreditation from groups like AZA, ZAA or GFAS is voluntary and involves separate standards and inspections set by those organizations.
What animals does the Animal Welfare Act not cover?
The law excludes cold-blooded animals such as reptiles, amphibians and fish, farm animals used for food or fiber, and birds, rats and mice bred for research. Birds not bred for research are covered, and USDA standards for them took effect in 2023.
Who enforces the Animal Welfare Act?
The U.S. Department of Agriculture, through the Animal Care program of its Animal and Plant Health Inspection Service (APHIS). Its inspectors visit licensed facilities and can cite violations.
Related terms
- AZA accreditationAZA accreditation is a voluntary, independent review by the Association of Zoos and Aquariums that confirms a zoo or aquarium meets professional standards for animal welfare, veterinary care, conservation, education and safety. Accredited facilities are re-inspected every five years.
- ZAA accreditationZAA accreditation is a voluntary certification from the Zoological Association of America, a nonprofit formed in 2005, showing that a zoo, aquarium or educational animal facility has passed ZAA's application, site inspection and committee review. Facilities repeat the full process every five years.
- GFAS accreditationGFAS accreditation is a certification from the Global Federation of Animal Sanctuaries, a nonprofit founded in 2007, showing that a sanctuary or rescue center meets its standards for humane care, with no breeding, no commercial trade and no public contact with wildlife.
- Animal sanctuaryAn animal sanctuary is a facility that gives rescued, retired or surrendered animals humane care, usually for the rest of their lives, without breeding, selling or trading them or using them for entertainment. True sanctuaries don't allow public contact with wild animals.
- Endangered Species ActThe Endangered Species Act (ESA) is a U.S. law, signed in 1973, that protects plants and animals listed as endangered or threatened and aims to recover them. It is administered by the U.S. Fish and Wildlife Service and NOAA's National Marine Fisheries Service.
Sources
- Animal Welfare Services and Activities (USDA APHIS)
- Animal Welfare Act of 1966 (Wikipedia)
- Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act (Federal Register, 2023)
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