The exclusion of mice, rats, and birds from the Animal Welfare Act (AWA) was a decision made in 1971 by the Secretary of Agriculture. These species were specifically excluded from AWA regulations due to a variety of historical and legal reasons.
Legal Definitions: The AWA’s statutory definition of “animal” excludes these species to accommodate the extensive use of laboratory rats, mice, and birds in research without imposing the regulations that apply to other animals.
Farm Bill Provision: In 2002, a provision in the Farm Bill explicitly excluded these animals from the AWA, which was a compromise in the debate between researchers and animal-rights groups over regulation.
Research Use: Mice, rats, and birds account for a large proportion of animals used in research, making their exclusion significant for the research community to avoid regulatory burdens.
For more information, you can visit the American Anti-Vivisection Society's page on the topic or review APA's article about the 2002 Farm Bill decision.
Here is an illustrative image of a mouse, which falls under this exclusion:
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