USDA Asks for Input on AWA Licensing Requirements

This morning the U.S. Department of Agriculture (USDA) published in the Federal Register an advanced notice of proposed rulemaking and request for public comments regarding procedures for applying for licenses and renewals at the department’s Animal and Plant Health Inspection Service (APHIS). The notice in the Federal Register states, “We are soliciting public comment on potential revisions to the licensing requirements under our Animal Welfare Act (AWA) regulations to promote compliance with the Act, reduce licensing fees, and strengthen existing safeguards that prevent any individual whose license has been suspended or revoked, or who has a history of noncompliance, from obtaining a license or working with regulated animals. We are soliciting public comment on these topics to help us consider ways to reduce regulatory burden and more efficiently ensure the sustained compliance of licensees with the Act.”

The notice outlines several changes regarding licensing requirements that are under consideration by the USDA, such as eliminating license application fees and annual license fees, requiring applicants to disclose animal cruelty violations, and specifying procedures so licensees have time to apply for licenses.

The USDA invites the public to provide data and information regarding potential economic effects, alternatives to reduce regulatory burden, and suggestions to ensure the compliance of licensees with the AWA.

Additionally, the USDA’s notice calls for comments on four questions, which are excerpted below in full:

  1. Should we propose to establish a firm expiration date for licenses (such as 3-5 years) and if so, what should that date be and why? Please provide supporting data.
  2. What fees would be reasonable to assess for licenses issued? Are the existing license fees (9 CFR 2.6) reasonable, or should they be adjusted to take additional factors into consideration, such as the type of animals used in regulated activities? Please provide data in support of any proposed adjustments to the license fees.
  3. In addition to the existing prohibitions on any person whose license has been suspended or revoked from buying, selling, transporting, exhibiting, or delivering for transportation animals during the period of suspension or revocation (9 CFR 2.10(c)), should such persons be prohibited from engaging in other activities involving animals regulated under the AWA, such as working for other AWA-regulated entities or using other individual names or business entities to apply for a license? Please suggest specific activities that should be covered and provide supporting data and information.
  4. Do you have any other specific concerns or recommendations for reducing regulatory burdens involving the licensing process or otherwise improving the licensing requirements under the AWA?

The announcement of this notice coincides with the 51st anniversary of the AWA. Public comments may be submitted online or in writing through October 23, 2017. Comments will be available for public viewing after submission. NABR plans to submit comments and we encourage your institution to do so as well.