On 4 June, the USDA amended the Animal Welfare Act (AWA) Regulations with a final rule on its definition of animal1. The Farm Security and Rural Investment Act of 2002 amended the definition of animal to specifically exclude rats of the genus Rattus and mice of the genus Mus that had been bred for use in research, and all birds—not exclusively those bred for use in research.

The final rule, effective as of 5 June, narrows the scope of the exclusion for birds to only those bred for use in research. In Sec. 1.1 the definition of 'animal' is revised as follows:

“Animal means any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warmblooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes: birds, rats of the genus Rattus, and mice of the genus Mus bred for use in research, and horses not used for research purposes, and other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs, including those used for hunting, security, or breeding purposes.”

Pursuant to these changes, on 4 June the USDA published an advance notice of proposed rulemaking soliciting comments from the public to aid in the development of regulations and standards for birds not specifically bred for use in research, as well as for the humane handling, care, treatment, and transportation of rats and mice covered by the AWA2.