A court agreement meant to bring birds, rats and mice used in biomedical research under the protection of the Animal Welfare Act instead will cover those bred as pets, according to the Pet Industry Joint Advisory Council (Washington).

In a notice issued in June, the U.S. Department of Agriculture said it is amending the regulatory definition of "animal" to specifically exempt rats, mice and birds bred for research-already exempted by a 2002 federal law-from the AWA. It also is adopting new rules regulating rats, mice and birds that are not bred for research.

Breeders and wholesalers that sell or transport these animals for the pet trade would fall under the new federal regulations.

The USDA could decide to regulate birds at the retail level as well because they are "exotic" or "wild" animals as defined in existing regulations, said PIJAC.

Rats and mice would be covered only if bred for use as pets. Animals bred as feeders would not fall under the AWA.

Breeders of rats and mice for the pet trade generally are not USDA-licensed-and may not be willing to change. "Many suppliers to pet stores may simply opt to go out of business rather than become subject to federal regulation," PIJAC said.

The June notice does not establish specific requirements for regulating rats, mice and birds, but seeks public comment as to appropriate regulatory requirements, including standards of care and exemptions.

Potentially thousands of new licensees would place an excessive burden on USDA and compromise the existing AWA licensure/enforcement program, PIJAC contends.

The comment period has been extended to Nov. 1. PIJAC is soliciting input from the pet trade to compile relevant data and develop a comprehensive response. [September 2004 PET AGE]

A LONG AND WINDING ROAD

April 1998-Alternatives Research and Development Foundation (Jenkintown, Pa.), an anti-vivisection organization, files a lawsuit to compel the U.S. Department of Agriculture to regulate rats, mice and birds.

September 2000-USDA reaches a settlement agreement to initiate a rulemaking on the exemption of rats, mice and birds from the Animal Welfare Act.

October 2000-A provision inserted in the fiscal year 2001 Appropriations Act prohibits USDA from commencing rulemaking before Oct. 1, 2001.

February 2002-A Jesse Helms-sponsored amendment to the 2002 Farm Bill permanently exempts rats, mice and birds that are bred for research purposes from USDA regulation.

June 2004-USDA issues Advance Notice of Proposed Rulemaking regarding possible changes to AWA regulations "to help promote the humane care, treatment and transportation of birds, rats and mice not specifically excluded from coverage under the AWA."

July 2004-USDA extends comment period on the rulemaking to Nov. 1, 2004.