Updated 01/26/2024
Peafowl under the Animal Welfare Act
Last updated 1/26/2024
Birds are covered under the Animal Welfare Act (AWA) and are defined in the Animal Welfare
Regulations (AWR) as all members of the Class Aves, excluding eggs. An egg becomes a bird at hatching,
defined as external pip.
The AWR defines “poultry” as any species of chickens, turkeys, swans, partridges, guinea fowl and pea
fowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Under the AWR, poultry may be
classified as either a “farm animal” or as a “wild animal,” or “exotic animal”.
When are poultry species considered a farm animal under the AWR?
Birds that meet the regulatory definitions of both poultry and farm animal are any domestic species of
poultry that are normally and have historically been raised on farms in the U.S. and are used or intended
for use for agricultural purposes. Agricultural purposes include use or intended use as food or fiber
(feather), or for improving animal nutrition, breeding, management, or production efficiency, or for
improving the quality of food or fiber (feather). Domesticated farm-type poultry are excluded from
coverage under the AWR when used or intended for use for such agricultural purposes.
Are peafowl covered under the AWR?
Peafowl are domesticated farm-type poultry under the AWR that can be used for either agricultural or
non-agricultural purposes. The use and sale of peafowl for eggs, breeding stock, or ornamental use of
peacock tail feathers meets the regulatory definition of agricultural purposes.
Peafowl used, sold, or transported solely for agricultural purposes are exempt from the regulations.
When used, sold, or transported for non-agricultural purposes, peafowl are covered under the AWA and
subject to the AWR. If it is not clear at the time of an inspection that peafowl are being used, sold, or
transported solely for agricultural purposes, then the birds are subject to the AWR.
What about peafowl at auction?
Peafowl at auction are subject to the AWR unless the auction clearly demonstrates a separation of
business between sales of birds for agricultural purposes from sales of birds for non-agricultural
purposes. If it is not clear at the time of an inspection that peafowl are being sold solely for agricultural
purposes, then the peafowl are subject to the regulations.
What constitutes a clear separation of business at an auction?
Animals to be sold solely for agricultural purposes should be physically separated from animals to be
sold for non-agricultural purposes, prior to sale, by (1) housing in a dedicated building, structure, or
clearly designated area of a barn, (2) clearly marking such buildings, structures, or designated spaces
within a barn as housing animals being sold solely for agricultural purposes, and (3) affixing tags to the
container, enclosure or holding area housing the animal that clearly indicates sale solely for agricultural
purposes.
Sales of animals being sold solely for agricultural purposes should be conducted separately from sales of
animals being sold for non-agricultural purposes, by conducting sales in rings and at times designated
and advertised for the sale of animals being sold solely for agricultural purposes, and not conducting
sales in the same ring at the same time as animals being sold for non-agricultural purposes.
Summary: Distinguishing Agricultural Birds from Non-Agricultural Birds at Auction
Both conditions must be met.
Physical Separation Before and After Sales:
- Birds sold for agricultural purposes must be housed in a dedicated building/structure or a
clearly demarcated/designated area within a building apart from other birds sold for non-
agricultural purposes. (Clear separation of agricultural from non-agricultural animals.) - The designated building (or area within building) must be clearly labeled as for animals
being sold for agricultural purposes. - Primary enclosures/cages/holding areas should be labeled as sold for agricultural purposes.
Separation During Sales: - Birds designated for sale as agricultural animals must be sold in separate sales rings or at
different times than non-agricultural birds or other animals. - Sale rings/times should be clearly advertised as agricultural vs. non-agricultural, and clearly
marked as such during the sale.
Where can I get more information about birds under the AWA?
More information regarding birds under the AWA, including frequently asked questions and
informational videos, can be found on the USDA APHIS website:
https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/new-bird-rule/awa-standards-for-birds
How do I apply for a license or registration under the AWA?
To learn more about licensing or registration under the AWA or to apply, please visit the USDA APHIS
website: www.aphis.usda.gov/animalwelfare/apply
If you have any questions about applying for a license or registration under the Animal Welfare Act,
please contact USDA Animal Care at:
Mail: 2150 Centre Avenue Building B
Mailstop 3W11
Fort Collins, CO 80526
Phone: (970) 494-7478
Email: animalcare@usda.gov
CALL TO ALL PEAFOWL OWNERS
Mt. Hope Exotic Animal Auction is one of, if not the largest and cleanest animal auction in the USA. The USDA with PETA have been trying to close down auctions around the country by creating new bird regulations under the guise of animal welfare. They will continue to control and regulate bird sales if we cannot get a good resolution to these ill planned regulations. They have been sending inspectors and enforcers to these auctions looking for anything they can to cause trouble for these businesses. They focus on a feather that might get broken or an animal calmly resting in its crate, stating falsely, that the animal can’t stand up. Calling this abuse is like saying a child in a car seat is abuse. Small children are confined for their safety as are our peafowl. Below is my experience from 11-04-23 at Mt. Hope Exotic Animal Auction to help you better understand this concerning issue.
When I arrived at Mt. Hope to check in with my birds, I noticed there were some unfriendly faces militantly walking around, looking for any possibility of problems. I could tell from their unfriendly demeanor they weren’t interested in finding a new addition for their farms, they were looking for trouble. There were 8 people from the USDA, 2 inspectors and 6 enforcers there that day. After checking in, I unloaded my birds, then checked all my birds for any problems and to make sure their food and water cups were full. I noticed there was a cracked water cup, so I went to the trailer to get the tools and cup to fix the problem. When I came back in, I noticed 2 men had cornered the owner of Mt. Hope Auction obviously talking about my birds. I knew they were there to show some muscle about the new USDA bird regulations for peafowl. (They had been to the September sale and harassed the owner, workers and some sellers then.) I decided since they were talking about one of my peahens, I better step into the conversation. It certainly wasn’t the owner’s responsibility to fix something with my birds. When I asked the inspectors if there was a problem they quickly said, “Yes. This hen has a wing feather caught in the wire. I had the tools in my hands to fix the water cup, so I held them up and explained, I just finished feeding and watering them so came in to fix things now. I quickly fixed the feather. Then ask if there were any other problems. They looked around a while then said, “Yes, that male needs to have his tail feathers completely enclosed in the cage.” When I ask why, they replied we saw males on the ground at the Spring Auction. I ask, “Is that a problem?” They said, “Yes, someone could step on their tail feathers.” I ask, “Why is that a problem?” Their response was, “They could break a tail feather”. As the conversation continued. I explained that at the farm the peahens would sometimes step on the male’s long train and that sometimes the hen stood on the train while the male walked around for a short ride. I also explained that at the farm they would break a feather from time to time and I would simply trim the broken feather. The train feathers were not blood feathers, and it was like trimming our hair or our fingernails. It didn’t hurt at all. I also explained that the long eye feathers molted out, along with their other feathers, every year and they would regrow a new and beautiful train for each new breeding season. Since the new bird ruling says, “birds must have a cage large enough to turn around in without touching their feathers”, I then explained that we have small cages for transport to protect our birds much like a toddler in a car seat. They are confined for their safety. If their cages are large enough for them to turn around, as the current new bird regulation requires, they would destroy their beautiful train, and some would spook in transit and either split their head open causing a lot of pain along with the need for stitches or break their neck causing certain death. I assured them the transport crates were carefully constructed with their safety in mind. I thought about the new bird regulations, a cage as large as they required would mean we would need to transport in a 10×10 foot kennel, so each seller and buyer would need a semi to attempt to safely transport 2-3 peacocks, and don’t forget a skid steer to load and unload the extremely huge and heavy cage. Oh, by the way, this cage must have a solid top and bottom too which would make the weight that much more difficult to move. With the current requirements one could only transport a few birds at a time. Few buyers would be equipped to haul such a massive cage so the selling of peafowl at auctions would quickly come to an end.
Another dangerous part of the new regulations is that if a bird is confined more than 12 hours, they must be allowed 1 hour out of their cage to exercise. If birds are let out to exercise while traveling most if not all birds will take flight and be gone. That would be akin to abandonment, which is irresponsible and very dangerous to any animal that is used to human care. If peafowl are let out to exercise in a new area they will be frightened and try to fly home. Trying to catch them in a strange pen would again put them at great risk. They would be more nervous and ready to take flight when you entered the pen to catch them and re-cage them for safe transport. The risk of broken necks or birds escaping in a panic would put them at an even greater risk.
Next, I ask them if any of them had ever owned or raised any peafowl, chickens, ducks or geese. They all replied no. So here they were, 8 people from the USDA trying to enforce rules that would put peafowl at risk, cause injuries and likely cause some deaths as well. But they believed these ill devised rules would protect peafowl. (The thought crossed my mind, our tax dollars are hard at work, but decided some thoughts shouldn’t be spoken.)
Then I ask the inspectors how they wanted the male crate to be built to enclose the long train. They looked flustered, then said, “I’m not here to tell you what to do”. I thought, seriously?!? That is all they had been doing. After asking a few more times for ideas on how to comply with the male’s long train encaged, finally they said, “Just build one, send a picture and we’ll let you know if it’s ok. We don’t make the rules, we’re just here to enforce them.” They actually overstepped their authority since the new regulations are not to take effect until Feb. 21, 2024
After that, I inquired about the regulations for sellers at an auction. Under the current rules, anyone selling more than 8 peafowl a year at an auction would have to apply for a USDA seller’s license. Among other requirements this would require a seller to pay a large fee just to apply for the license, find and pay a vet to come to the farm to inspect their birds, have a Vet approved enrichment plan, an approved feed ration, and allow surprise inspections on their farm at the whim of the USDA agents. (This could be dangerous for agents if they arrive when no one is home except for the farm dogs that guard the property.)
Currently anyone selling at an auction has to have Vet papers certifying they have healthy birds or an NPIP certification that the birds are Avian Influenza, Typhoid and Pullorum clean. This has worked well for years. If it’s working why try to fix what isn’t broken? If the USDA new bird regulations stand, it will take control from the state level to the national level. Do we really need more national interference at the state level for farm activity?
The new bird regulations were created Feb. 2023, to be enforced starting Feb 2024. The regulations are not in the best interest of peafowl. In this ruling, peafowl are classified as pet birds like parakeets, canaries and macaws. Peafowl are not pet birds. They are not kept in the house. They are housed like other barnyard animals. They are used for agriculture purposes in the production of feathers and food. Peacocks are grown and sold for their feather productions, eggs for consumption or hatching and for replacement breeding stock. Peafowl should be considered agricultural birds rather than pet birds. Please stress this when talking to the powers that be listed below.
The USDA has overreached their authority. We are asking ALL UPA members and anyone reading this to get involved. It would be helpful to call your US Senators and US Representatives to ask them to get your own state’s agriculture department to exclude peafowl from the new USDA Bird Regulations that are being forced on us with no input from those that know how to keep peafowl safe. We also need you to call your State Agriculture departments and make follow-up calls to all of them to let them know this is an important issue we want resolved. If you would make a final call to the USDA, Washington DC office, politely requesting that peafowl be exempt from these dangerous AWA new bird regulations, our combined calls would create a loud voice that should be heard. Ask them to pass your request on to the USDA in DC and Ft. Collins, CO. There are many talking points in this article, but letting each person you talk to know the current AWA(Animal Welfare Act) new bird regulations are dangerous to peafowl is important to stress.
If you know of other bird, pheasant, gamebird clubs, groups, associations, or online groups, please spread the word to them asking them to call as well. Contact info is below. If you want to write a letter as well, that info is included too. Time is critical. Thanks so much for your help! Please stand with us as we fight this battle. United we stand, divided we fall.
We also need you to stand with us as we work to change these ill planned, dangerous and likely deadly regulations by calling your US congress men and women to ask for their help in excluding peafowl from the AWA new bird regulations. Ask them to get their Agriculture staff to request peafowl be exempt from these new bird regulations. The more we are a loud, but respectful voice, of people concerned about peafowl safety, the better chance we have of making a change.
It would be very helpful, timely, and imperative to show support for this important issue. If you want to read the bird regulations yourself Google, USDA New Bird regulations. There will be info that pops up, links to follow and even some videos to view as you work to better understand these regulations. Thank you for your consideration and help in this important matter. (I was told that since the meeting on Jan. 16, some of the info on the USDA site will be taken down while in review, but the regulations are still set to take effect, Feb. 21, 2024.)
HOW TO TAKE ACTION NOW…
WASHINGTON D.C. SWITCHBOARD
Ask to be connected to your 2 Senators and 1 Representative. This will take 3 different calls to reach your 3 different congressmen. If you don’t remember their names, you can Google that info too.
DC Switchboard Phone #202-224-3121
You can also call their local offices in your district leaving a message about this issue. To find that number Google your US Senators and Representatives local offices phone number. Here in Ohio, they have at least 3 state numbers a person can call. Your state may be different so Google the contact info for your Congress members local offices.
USDA WASHINGTON DC #’s are
202-720-2791
202-401-7211
USDA FT. COLLINS, CO OFFICE #970-419-4420
Send written mail to:
Representative… (add your Representive’s name)
U S. House of Representatives
Washington, D.C. 20515
Senator… (your senators name)
U.S. Senate
Washinton, D.C. 20510
You can also email your Congress men and women by Googling their name. Their email contact is with their online info. Thanks for all your help! Together we can make a big difference.
The UPA Board of Directors have taken an active role in working to get these regulations changed and exempt peafowl from this dangerous regulation. We’ve had meetings on how to deal with this. All nine of the BODS were going to Washington DC to be a voice to protect peafowl. Then it was decided that two of our Board members, Mike Rome and Mark Adams, along with Brad and Brandon Legg (due to small DC office spaces), would travel to Washington D.C. in December to meet with the Agriculture Committee staff members of some of their Legislators to start the discussion needed to fix this flawed and dangerous regulation. They had a follow up meeting with the USDA Department of Agriculture in Ft. Collins, CO, on January 16th. A second follow up meeting will be held in Feb. These 4 men are representing all peafowl breeders, owners and hobbyist in the USA. Please take the time today to lend your help and support to this very important cause. Thanks again!
~Please check the UPA Website and the FB page for updated info about taking action. After the meeting in mid Feb., there may be more action needed. We will write a follow up for the next Peafowl Today magazine. Please consider becoming a member of the United Peafowl Association, to stay connected to other peafowl breeders and learn more about caring for these beautiful birds. Membership includes a full color quarterly magazine with beautiful pictures, interesting stories, tips on raising peafowl, a list of sales coming up in parts of the country, classified ads, and vital info on this critical regulation. We also host a yearly convention about Peafowl in different areas of the country. This year we will be near Pittsburg, PN. Please check the website or next magazine for more info about the Peafowl Convention. Thanks! ~
Website – Unitedpeafowlassociation.org
FB – United Peafowl Association
To join the UPA, send a check or MO for $30 to:
United Peafowl Association
60016 Appaloosa Dr.
Smithville, MS 38870
Questions about membership can be emails to
unitedpeafowlassociation@yahoo.com
United We Stand ~ United We Can