On January 21, 1998, the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) gave notice through Vol. 63, No. 13 of the Federal Register that in order to ensure the humane care and treatment of pocket pets in the commercial pet trade, they are now regulating the handling, care, treatment, and transportation of such animals by retail pet stores under the Animal Welfare Act (7 U.S.C. 2131 et seq.) (AWA). They are also now requiring that any retail pet stores dealing in these animals be licensed under the AWA.

The AWA authorizes the Secretary of Agriculture to promulgate standards and other requirements governing the humane handling, housing, care, treatment, and transportation of certain animals by dealers and other regulated businesses. The Secretary of Agriculture has delegated the responsibility of enforcing the AWA to the Administrator of APHIS. APHIS regulates animal dealers by issuing them annual licenses and conducting unannounced inspections of their premises to check for compliance with the AWA standards and regulations.

In recent years, several species of small, generally non-dangerous mammals, including but not limited to hedgehogs, spiny mice, prairie dogs and flying squirrels, have increasingly been sold at retail pet stores in the United States. These and other small mammals are collectively and commonly referred to as "pocket pets." None of these species have been domesticated as pets in the U.S. like dogs and cats.

Therefore, the USDA, APHIS considers pocket pets to be wild or exotic animals under the AWA regulations and any pet store that sells a pocket pet is then subject to the AWA regulations.

In general, retail pet stores are exempt from the AWA regulation unless they sell animals to a research facility, an exhibitor, or a dealer. The USDA’s policy had been the effort needed to identify and regulate retail pet stores that sold pocket pets did not appear to be a prudent use of the AWA enforcement resources. However, they continued to reevaluate that policy as the popularity of pocket pets grew among U.S. consumers. Because many retail pet stores are  now selling pocket pets on a regular basis, the USDA has determined that it is feasible and necessary to identify and regulate the stores.

Therefore, in order to ensure the humane care and treatment of pocket pets in the commercial pet trade, the USDA, APHIS will now be regulating the handling, care, treatment, and transportation provided to such animals by retail pet stores and requiring that retail pet stores dealing in these animals be licensed under the AWA.

The AWA licensing requirements for animal dealers are specified in 9 CFR part 2, subpart A, and the care standards for pocket pets are covered in 9 CFR part 3, subpart F.

For information about becoming licensed as a dealer under the AWA, contact Dr. Bettye K. Walters, Staff Veterinarian, Animal Care, APHIS, USDA, 4700 River Road, Unit 84, Riverdale, MD, 20737-1234, phone number (301) 734-7833.