Animal Protection Groups Challenge USDA Rule Exempting Most Bird Breeders

Riley Safer Holmes & Cancila (RSHC) attorney Bruce Wagman is co-counsel in a lawsuit filed against the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) challenging a federal rule that exempts most bird breeders from oversight under the Animal Welfare Act (AWA).

The case, filed in the U.S. District Court for the District of Columbia, was brought by Humane World for Animals, the American Anti-Vivisection Society, and the Avian Welfare Coalition. The plaintiffs argue that APHIS unlawfully included a broad exemption in its 2023 rule establishing minimum care standards for birds bred for companion use or exhibition.

Congress amended the AWA in 2002 to clearly cover birds not bred for research. After years of delay and prior litigation in which Wagman was involved, APHIS issued a final rule in 2023 requiring some bird breeders to be licensed and to meet basic care standards. However, the rule exempts breeders who sell 200 or fewer small birds per year.

The lawsuit alleges that this exemption is unsupported by the statute and undermines Congress’s intent. Plaintiffs contend it leaves many birds without basic protections such as adequate food, water, housing, and veterinary care, while limiting transparency by excluding certain breeders from federal oversight.

“Congress made clear that birds are entitled to humane care under the Animal Welfare Act,” said Wagman. “This lawsuit seeks to ensure that USDA follows the law and does not exclude large segments of the industry.”

The plaintiffs are asking the court to set aside the exemption while keeping the rest of the rule in place.

RSHC’s involvement reflects the firm’s ongoing commitment to animal welfare litigation. Wagman represents the plaintiffs alongside attorneys from Humane World for Animals’ Animal Protection Law department.