New USDA/APHIS Regulations are Now in Effect

Here’s What the Pet Bird Industry Needs to Know

In March 2023, a new rule issued by the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) took effect, imposing various requirements on bird breeders, dealers, exhibitioners, and other parties. Two compliance deadlines have passed in the months since: individuals and entities subject to the new regulations were required to be in compliance by August 21, 2023 if they already had a USDA license or registration, or by February 21, 2024 if they did not have one previously.

As part of our mission to support pet retailers, IndiePet is pleased to share the following overview from our friends at the Bird Enjoyment & Advantage Koalition (BEAK) and MyBird.org. Read on to learn more about the new regulations and how they may impact certain entities within the bird industry.

Who Needs to Comply with the New Regulations?

Created with a goal of ensuring that all birds subject to the Animal Welfare Act (AWA) are raised and cared for in conditions that protect their health and well-being, the new USDA/APHIS regulations apply to the following entities, unless they fall under an exception:

• Dealers and breeders of birds and other covered animals

• Research facilities

• Exhibitors

• Operators of auction sales

• Carriers and intermediate handlers

Notably, several entities may be exempt, including those within the following categories:

• Bird owners not engaged in breeding or exhibiting birds commercially (such owners are not covered by the AWA)

• Brick-and-mortar retail pet stores that do not ship birds

• Farm animals raised for consumption, or their byproducts

• Falconry and related exhibitions aimed at preserving the art

• Activities involving bird eggs

• Participation in state and county fairs, and similar events focused on advancing agricultural arts and sciences

• Transportation of migratory birds for rehabilitation purposes, with appropriate authorization from the U.S. Fish and Wildlife Service

There are also specific exemptions for smaller-scale entities, such as those selling fewer than 200 small pet birds (birds that weigh 250 grams or less, like most parakeets, cockatiels, finches, and lovebirds), or eight or fewer larger birds annually.

Regulatory Requirements Overview

To further the objective of safeguarding birds’ physical and psychological wellness, the USDA/APHIS regulations impose a variety of standards within the following general categories:

• Housing: Ensuring access to essentials like water and power, along with adequate food, bedding, and appropriate temperature and humidity levels.

• Animal Health and Husbandry: Mandates for diet and environmental cleanliness to promote health.

• Transportation: Guidelines for carriers and handlers, including specifications for enclosures and conditions ensuring the safety and comfort of live birds during transit.

Important Information for License Applicants

According to the latest updates from the USDA/APHIS, the application and licensure process typically takes 90 days or longer. Those who are subject to the new regulations should anticipate that a field inspector will make up to three attempts to contact them in order to schedule a pre-license inspection, with the possibility of application cancellation and forfeiture of the non-refundable $120 fee in the event that contact cannot be established.

While the impact of these regulations will vary among businesses in the pet bird industry, it’s crucial for bird retailers, breeders, and other entities to be aware of what they require. For more information, visit https://www.federalregister.gov/documents/2023/02/21/2023-03357/standards-for-birds-not-bred-for-use-in-research-under-the-animal-welfare-act