Guidelines for Filing Animal Welfare Act Complaints to the U.S. Department of Agriculture

PETA receives hundreds of complaints each year about animal exhibitors, including zoos, roadside zoos, circuses, traveling animal acts, etc. Conditions for animals at these types of exhibits are often unimaginably horrid.

The U.S. Department of Agriculture (USDA) licenses animal exhibitors and enforces the federal Animal Welfare Act (AWA), which establishes minimum standards of care for some species used in exhibition. The AWA has more detailed requirements for some animals, such as dogs, cats, guinea pigs, hamsters, rabbits, primates, and marine mammals. Birds, reptiles, horses, ponies, and rodents are excluded from the AWA altogether and so complaints regarding the mistreatment of these animals should be directed to city, county, or state authorities. The full text of the AWA can be found here.

If you observe species regulated by the AWA who appear to be neglected or mistreated in circuses, zoos, and other public exhibitions, please file a complaint with the USDA and request that it investigate the situation. Specific, detailed information should be provided regarding your observations, and if at all possible, photos and videotape should be supplied to document your concerns. Include the date and time of your visit as well as the location and name of the exhibitor in your complaint.

Below are some general guidelines to help you determine if your observations warrant a complaint to the USDA.

Concern: ‘The animals have no food or water.’

The AWA does not require that animals have constant access to food or water, but it does require that animals be fed a sufficient quantity of appropriate food at least once per day and that drinking water be provided as often as necessary for the health and comfort of the animal.

File a complaint:

• if the animal appears underweight or overweight
• if the animal appears overheated, i.e., panting (describe the weather conditions, e.g., temperature, humidity, how sunny or cloudy it is)
• if the animals drink for a long time when provided with water, indicating excessive thirst

Concern: ‘The place is filthy.’

The AWA requires enclosures to be kept clean and sanitary and in good repair.

File a complaint:

• if the enclosures have an accumulation of feces, urine, garbage, or uneaten food
• if food and water receptacles or swimming pools are dirty with debris, insects, or algae
• if there is excessive odor
• if enclosures have protruding nails or wires, peeling paint, holes or gaps, or loose boards or fencing or they contain objects that could cause injury or harm to the animals

Concern: ‘The animals don’t have sufficient shelter.’

The AWA requires that animals be provided with sufficient shade and shelter from inclement weather.

File a complaint:

• if the shelter does not provide adequate protection from hot and cold weather conditions (describe the weather conditions, e.g., sun, rain, snow, wind, temperature)
• if the shelter is not adequate to accommodate all animals in the enclosure
• if the shelter is not adequate to allow each animal to sit down, stand up, lie down, and turn around freely

Concern: ‘The animals do not look healthy.’

The AWA requires that animals be observed daily to assess their health and well-being and provided with adequate veterinary care.

File a complaint:

• if an animal’s coat is matted or missing patches of fur or the skin is dry, flaky, and/or peeling
• if an animal shows signs of lameness
• if an animal is emaciated, with the hipbones or spine protruding
• if an animal has discharge from the eyes, nose, mouth, or anus
• if an animal has any cuts, scrapes, pressure sores, or other obvious wounds or injuries
• if an elephant’s feet appear to have cracked and/or overgrown nails

Concern: ‘The animals look sad, bored, and lonely.’

The AWA does not explicitly require that animals be happy, active, or sociable. However, if an animal appears sad, bored, or lonely, it may indicate that basic care is lacking, and the USDA often encourages exhibitors to provide animals with a more stimulating environment.

File a complaint:

• if an animal is engaged in repetitive behaviors such as pacing, walking in circles, swaying, head-bobbing, rocking, bar-biting, vomiting and consuming vomit, overgrooming, hair-pulling, or self-mutilation
• if there are no toys in the exhibit or it is barren and devoid of any sort of enrichment
• if a primate is housed alone

Concern: ‘The cages are too small.’

For most species, the AWA only requires that enclosures “provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement.” Even though the AWA recognizes that “[i]nadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns,” lack of sufficient space is one of the most serious problems plaguing animals in captivity.

File a complaint:

• if there isn’t enough space for all animals to stand up, lie down, and turn around
• if the animals exhibit neurotic behavior
• if the animals appear to be in poor condition, malnourished, or stressed
• if the animals in the same enclosure fight with one another

Concern: ‘The animals are treated poorly.’

The AWA requires that animals be handled in such a manner that “does not cause trauma, overheating, excessive cooling, behavioral stress, physical harm, or unnecessary discomfort.”

Contact PETA immediately and file a complaint:

• if you witness hitting or prodding of animals with implements such as sticks, bullhooks (rods with steel-tipped hooked ends), whips, or electrical prods; specify if blows are repeated and conducted with force; what part of the body the animal is hit on; if the blows leave noticeable wounds (obtain photos); and how the animal reacts
• if you witness rough or abusive handling of an animal (hitting, slapping, punching, kicking, shaking, dragging, or dropping)
• if an animal used in public handling appears to be sedated

Concern: ‘The handler doesn’t have control of the animal.’

The AWA requires that “[d]uring public exhibition, dangerous animals such as lions, tigers, wolves, bears, or elephants must be under the direct control and supervision of a knowledgeable and experienced animal handler.”

File a complaint:

• if you witness any animal escape
• if you witness any animal bite or scratch a person or another animal
• if there are not enough attendants present to properly supervise direct public contact with the animals
• if an animal seems fearful or aggressive during a performance or handling
• if there is insufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of the animals and the public

Contacting the USDA

If you determine that a facility that you visited may be in violation of the AWA, it is critical that you file a complaint with the USDA regarding your observations and concerns. Please send a polite letter detailing what you saw, along with any corroborating photographs and/or videotape, and asking the USDA to investigate. Ask to be notified of the results of the investigation:

USDA/APHIS/AC
4700 River Rd., Unit 84
Riverdale, MD 20737-1234

301-734-7833
301-734-4978 (fax)

ace@aphis.usda.gov

Further Actions

In addition to contacting the USDA about substandard conditions, here are some additional actions that you can take:

• Contact PETA for additional suggestions.
• Complain to event organizers and sponsors of traveling shows.
• Complain to zoo management and city officials.
• Write a letter to the editor.
• Work to pass legislation to ban the exhibition of wild and exotic animals.
• Don’t purchase a ticket to return to the facility unless it is for the purpose of monitoring the animals as you work to improve their conditions.