The Animal Welfare Regulations define poultry as any species of chickens, turkeys, swans, partridges, guinea fowl and peafowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Under the AWR, poultry are further defined as either a farm animal or as a wild animal or exotic animal.
Birds that meet the regulatory definition of both poultry and farm animal (“farm-type poultry”) are any domestic species of poultry that are normally and have historically been raised on farms in the United States and are used or intended for use as food or fiber (feather), or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber (feather). This also includes birds raised for hunting purposes. Farm-type poultry are exempt from the regulations when used, sold, or transported solely for such agricultural purposes. When used, sold, or transported for non-agricultural purposes, farm-type poultry are covered under the Animal Welfare Act and subject to the Animal Welfare Regulations. If it is not clear at the time of an inspection that farm-type poultry are being used, sold, or transported for agricultural purposes, then the birds are subject to the Animal Welfare Regulations.
Poultry that do not meet the regulatory definition of farm animal under the Animal Welfare Regulations are birds that are not normally and historically raised on farms in the U.S., nor commonly used or intended for use for food or other agricultural purposes as defined in the Animal Welfare Regulations. These birds are considered either a wild animal or exotic animal, depending upon where the species historically originated. Such poultry species are covered under the Animal Welfare Act and subject to all applicable Animal Welfare Regulations when used, sold, or transported for regulated purposes.
The birds listed in Table 1 and their hybrids represent the most common species of birds that meet the definition of both poultry and farm animal under the Animal Welfare Regulations and can be considered farm-type poultry; however, the list is not intended to be exhaustive. Less common species of domesticated upland gamebirds (pheasant, partridge, quail, grouse) not specifically listed in Table 1 may sometimes be farmed for meat or hunting purposes and be considered farm-type poultry when used, sold, or transported solely for these agricultural purposes.
The birds listed in Table 1 and their hybrids are exempt from the regulations when used, sold, or transported solely for agricultural purposes. When used, sold, or transported for non-agricultural purposes, the birds listed in Table 1 and their hybrids are covered under the Animal Welfare Act and subject to the Animal Welfare Regulations . If it is not clear at the time of an inspection that the birds listed in Table 1 and their hybrids are being used, sold, or transported for agricultural purposes, then the birds are subject to the Animal Welfare Regulations. Birds contained within the definition of poultry and not listed in Table 1 are wild or exotic birds under the Animal Welfare Regulations, are covered under the Animal Welfare Regulations, and subject to all applicable regulations when used, sold, or transported for regulated purposes.
Common Name
Chicken, Domestic
Pheasant, Ring-necked
Pheasant, Green
Peafowl, Indian (Common)
Guineafowl, Helmeted
Partridge, Chukar
Partridge, Gray (English, Hungarian, gray-legged grouse)
Partridge, Red-legged
Quail, California
Quail, Common
Quail, Gambel’s
Quail, Japanese
Quail, Northern bobwhite (red quail)
Turkey, Domestic
Duck, Mallard
Duck, Muscovy
Goose, Graylag
Goose, Swan
Swan, Mute
Pigeon, Rock (domestic)
Dove, Barbary (domestic)
Grouse, Ruffed
Bird breeders owe Brad Legg, his son Brandon and two board members of the United Peafowl Association a big thank you for the work they did in trying to reverse some of the restrictions USDA placed on bird breeders. These guys traveled to Washington, DC to present their ideas to members of the Agricultural Committee which oversees USDA/APHIS and they held several conference calls with USDA officials. All of this resulted in these changes: “The Animal Welfare Regulations define poultry as any species of chickens, turkeys, swans, partridges, guinea fowl and pea fowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Under the Animal Welfare Regulations, poultry are further defined as either a farm animal or as a wild animal or exotic animal. Birds that meet the regulatory definition of both poultry and farm animal (“farm-type poultry”) under the Animal Welfare Regulations can be used for either agricultural or non-agricultural purposes.
The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the final rule to establish new regulations and standards governing the humane handling, care, treatment, and transportation of birds covered by the Animal Welfare Act (AWA) on February 17, 2023. The final rule applies to all wild or exotic poultry. New AWA licensees and registrants must obtain a license and comply with this new rule by February 21, 2024. This final rule may be viewed in the Federal Register.
Wild and Exotic Poultry under the AWA
Last updated 12/19/2023
All birds are covered under the Animal Welfare Act (AWA) although some uses of domesticated poultry are exempt from AWA licensing requirements. Birds are defined in the Animal Welfare Regulations (AWR) as all members of the Class Aves, excluding eggs. An egg becomes a bird once hatching commences, defined as external pip. The AWR defines “poultry” as any species of chickens, turkeys, swans, partridges, guinea fowl and pea fowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Poultry are additionally defined under the AWA as either a “farm animal” or as a “wild” or “exotic animal”.
Which poultry species are wild or exotic poultry under the AWA?
Birds that meet the regulatory definitions of both poultry and farm animal are any domestic species of poultry that are normally and have historically been raised on farms in the U.S. and are used or intended for use as food or fiber (feather), or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber (feather). Importantly, the regulatory definition of “animal” explicitly excludes farm animals, such as livestock and poultry. Therefore, domesticated farm-type poultry are excluded from coverage under the AWA when used or intended for use for such agricultural purposes.
However, there are avian species that fall within the regulatory definition of “poultry” that do not meet the definition of farm animal, as they are not domesticated, not normally and historically raised on farms, nor used or intended for use for food or other agricultural purposes. Per the regulatory definitions, these are wild or exotic poultry, depending upon on where the species historically originates, and are subject to all applicable regulations under the AWA
Who needs a license for wild or exotic poultry under the AWA?
Facilities that exhibit any wild or exotic poultry for compensation are conducting an activity regulated under the AWA and must be licensed with the USDA.
Facilities that sell or trade for compensation any wild or exotic poultry for use in exhibition or for use as a pet are conducting activities regulated under the AWA and must be licensed with the USDA.
When is a license not required for wild or exotic poultry under the AWA?
Because unhatched eggs are excluded from the regulatory definition of “bird” the sale, purchase, or trade of eggs, even if conducted for compensation, is not regulated under the AWA and licensure is not required.
Where can I get more information about the birds under the AWA?
More information regarding birds under the AWA, including frequently asked questions and informational videos, can be found on the USDA APHIS website: https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/new-bird-rule/awa-standards-for-birds
How do I apply for license or registration under the AWA?
To learn more about licensing or registration under the AWA or to apply, please visit the USDA APHIS website: www.aphis.usda.gov/animalwelfare/apply
If you have any questions about applying for a license or registration under the Animal Welfare Act, please contact USDA Animal Care at:
2150 Centre Avenue Building B, Mailstop 3W11, Fort Collins, CO 80526
Phone: (970) 494-7478 Email: animalcare@usda.gov
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