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
CONFERENCE CALL USDA TO CLARIFY THE AWA REGULATION
On February 6, Alex Fredin, NL editor OF THE Minnesota Game Breeders Club held a conference call with Dr. Cody Yager USDA Avian Specialist and Dr. Kelly Helmick USDA Avian National Policy Staff in regards to misinformation, and impacts the New USDA Ruling has on us who keep wild/exotic waterfowl and pheasants. Basically, they told him there are no exemptions for our hobby unless we only sell eggs. There are no minimum sales, etc.
He asked how they were going to track down non-licensed/compliant hobbyists; they said they have enforcement ways to track down the sales via swaps, internet, ads, etc. to determine non-compliancy.
According to them, if a person is licensed he can only purchase from a licensed breeder starting February 21st 2024. If a licensed breeder sells to a non-licensed breeder USDA/APHIS will also use that data to see if that person is in turn selling regulated animals. A licensed breeder can not purchase regulated animals from a non-licensed breeder. A bird is considered regulated as soon as it pips. He discussed failure to thrive, etc. that some hatchlings may have, and they said the protocol regarding that must be spelled out by your veterinarian in your SOP (Sanitation Standard Operating Procedure).
This is going to be detrimental to our hobby! We need to get this information out to all bird clubs as well as hatchers that sell birds covered by this new ruling, and other bird related organizations/eneties. I am truly concerned that unless we move forward and voice our concerns it will be the beginning of the end a hobby that many of us have engaged in and enjoyed for a period of time.
WHAT CAN YOU DO?
Contact your senators and representatives in Washington. Go to Https://congress.gov/members/find-your-member Click on your state on the Senate or House of Representatives page. A window will pop up showing a picture of your senators or representatives. Their address is listed if you want to write a letter. If you prefer emailing them, click on the contact link. There is also information about how to properly address a member of Congress.
Loretta Smith, Vice-President of the United Peafowl Association, emailed me about the New Peafowl Regulations which will allow them to be sold at auctions and swaps. That information can be downloaded on this page. We want to thank the United Peafowl Association for their efforts in making it easier to sell peafowl at auctions and swaps. Brad Legg, Brandon Legg and two members of the UPA Board of Directors traveled to Washington, DC and met with Agricultural Committee staff members in December and have held two conference calls in January and February with USDA in Fort, Collins, Colorado.
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
As a NPIP participant, poultry producer, and/or certified poultry tester, we wanted you to be aware of a bill that has been introduced into the Kansas Legislature that would allow for an annual participation fee to be collected for NPIP participants. The bill has a cap of $50 for the annual fee but that actual fee would be set in regulations at a later time if this bill would pass through the legislature this year. Additionally, anyone requesting testing or diagnostic services pertaining to NPIP by Kansas Department of Agriculture (KDA) would be assessed a visitation fee that would not exceed $100 per location. KDA will continue to work with outside certified individuals who may elect to become a certified tester for pullorum-typhoid. Once certified, an individual would be capable of performing poultry disease diagnostic services pursuant to the poultry disease control act. HB 2608 (SEE DOWNLOAD ABOVE FOR CONTENT) would continue to allow the agency to assess a fee for certifying anyone wanting to become a certified tester.
Since 1945, Kansas has participated in the NPIP. The Division of Animal Health within KDA serves as the official state agency for the administration and oversight of NPIP programs in Kansas. This includes interstate commerce, import/export, disease surveillance, testing, permitting, and disease response plan activities. These activities have been carried out by the Division of Animal Health veterinarians at no cost to the businesses and individuals requesting the service. HB 2608 would enable KDA to assess a participant fee for any entity or person who wants to voluntarily participate in the NPIP program. The current cost of antigen and supplies has made it difficult to continue to conduct testing for NPIP participants at no charge.
This bill was heard in the House Committee on Agriculture and National Resources this week and they anticipate the Committee will work the bill sometime in the next couple weeks.
Please let me know if you have any questions.
Sara
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Sara McReynolds DVM MPH PhD | Assistant Animal Health Commissioner
Kansas Department of Agriculture | Division of Animal Health
Office: (785) 564-6792 | Cell: (785) 473-6774 | sara.mcreynolds@ks.gov
This is a copy of an email I received December 21, 2023 from the USDA regional office in Fort Collins, Colorado. I will post a copy of this on the club web site as well. I would suggest that you click on all the hyperlinks and learn about this ruling for yourself.
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