The Animal Welfare Act is the federal law that governs the humane care, handling, treatment and transportation of some animals in certain situations: animals in laboratories, dealers who sell animals to laboratories, animal exhibitors, carriers and intermediate handlers, dog and cat breeders, puppy mills, zoos, circuses, roadside menageries and transporters of animals. The Animal Welfare Act does not protect animals during an experiment, regardless of how painful or even unnecessary it is. Excluded from the act are the following: retail pet stores, state and county fairs, livestock shows, rodeos, purebred dog and cat shows and "fairs and exhibitions intended to advance agricultural arts and sciences."

Enforcement of the act is the responsibility of a division of the United States Department of Agriculture known as APHIS (Animal and Plant Inspection Service). There are currently two regions of APHIS, AC. Eastern Region: Raleigh, North Carolina and Western Region: Fort Collins, Colorado. Each sector has inspectors who are supposed to inspect, unannounced, the various types of facilities covered by the act. All 50 states, along with Washington, D.C., and Puerto Rico, are divided into just two regions which has been implemented as a money saving measure.

The USDA interprets the act to currently exclude birds, all cold-blooded animals (e.g., reptiles), rats and mice bred for research, and horses and other farm animals such as cows and pigs, used or intended for use as food or fiber. Horses and other farm animals are covered if they are used in experiments, but equine animals are specifically denied coverage if they are used in entertainment events. There are no regulations that govern the conduct of an experiment or what the animals will be forced to endure during an experiment.

The Animal Welfare Act gives the animals only minimum protection for handling, care, housing, treatment, ventilation, lighting, shelter, veterinary care and separation by species. The minimum standards mean that the animals' cage size needs to provide them only the ability to turn around. The act states further that sticks with hooks are appropriate to use to handle elephants. Also, minimum standards are based on the discretion of the USDA inspector.

Strong opposition from animal breeders, pharmaceutical companies, exhibitors and experimenters themselves, as well as USDA's commitment to "serve and protect" the nation's agricultural interests has resulted in poor enforcement of the Act. In recent years USDA has discontinued posting E-FOIA summaries of inspection report on their Web site and no longer discloses the number of animals housed at a particular facility. Also, current inspection policies allow licensees to operate indefinitely with documented violations of Animal Welfare regulations or standards. In rare instances where USDA authorities seek to prosecute for Animal Welfare violations, Administrative Judges routinely impose fines and/or penalties at a fraction of the level authorized by statutes.

What You Can Do
1. Get a copy of the Animal Welfare Act by calling the United States Department of Agriculture at (301) 734-7833. It is also a good idea to familiarize yourself with the laws concerning animals, policies on the use of animals from pounds (pounds' seizure laws) and local anti-cruelty statutes. Local and state laws can be found in your public library or in a law library. Check with your local animal control department or animal shelter for a copy of the state's anti-cruelty statute.

2. Keep a copy of the Animal Welfare Act and any local ordinances affecting animals handy when a circus, performing animal act or other animal exhibition is in your area. Call the USDA in your area if you see any violations and make a formal complaint. Follow-up your phone calls with a letter and any documentation that you have (photos, videos, etc.). Some things to look for: Public safety issues -- are the animals and the public in too close contact? Animal welfare issues -- are any of the animals limping?

3. Write to your congressional representatives, and ask them to support any pending or future legislation that will increase funding and/or strengthen the USDA's ability to enforce the Animal Welfare Act.