Do You Need a License to Breed and Sell Birds?

In most cases, yes — if you breed birds and sell them commercially in the United States, you need a Class A license to breed and sell birds from the USDA under the Animal Welfare Act. Small-scale breeders who hatch birds at home and sell modest numbers directly to pet buyers can qualify for an exemption, and some species carry extra permit requirements on top of the USDA rules. The details turn on how many birds you sell each year, whether the sales are retail or wholesale, and what species you keep.

The Federal Rule and Who It Covers

The Animal Welfare Act is the primary federal law over commercial bird breeding, enforced by the USDA’s Animal and Plant Health Inspection Service. APHIS published a final rule in February 2023 creating welfare standards specifically for birds, and anyone breeding and selling birds commercially now needs a Class A license unless they qualify for one of the exemptions written into that rule.¹

When You Don’t Need a USDA License

The bird-specific exemption is built around how many birds you sell per year, not how many breeding pairs you keep. You qualify only if every one of these conditions applies:²

For small pet birds (species with an average adult weight of 250 grams or less), you sell 200 or fewer per year.
For large pet birds (species averaging over 250 grams), you sell 8 or fewer per year.
The birds were hatched and raised on your premises.
You sell them for pets or exhibition.
You are not otherwise required to hold a license.

The weight cutoff looks at species averages, not the individual bird in front of you. A cockatiel averages around 90 grams and sits in the small category. An African grey parrot averages roughly 400 grams and counts as large.

The exemption is applied per household. If two people in the same home each breed cockatiels and their combined sales exceed 200 birds a year, neither person qualifies.²

What Breaks the Exemption

Even if you stay well under the sales thresholds, you lose the exemption in two common situations. Wholesale sales to pet stores, dealers, or other middlemen require a license regardless of volume.³

Sight-unseen retail sales do the same. The AWA’s retail pet store exemption only applies when the seller, buyer, and animal are all physically present when the sale is made. Ship birds to buyers who haven’t seen the animal in person, and you no longer look like a retail pet store to APHIS.³

Extra Permits for Protected Species

The USDA license (or its exemption) covers the commercial breeding side. Certain species are also protected under federal wildlife laws, and those permits come from the U.S. Fish and Wildlife Service in addition to whatever USDA requires.

Migratory Birds

The Migratory Bird Treaty Act protects nearly all native North American bird species. Possessing, selling, or trading a protected migratory bird without USFWS authorization is a federal offense.⁴ Captive breeding and sale permits are issued under 50 CFR Part 21, with different categories and marking requirements for raptors, waterfowl, and other groups.⁵ If you breed common non-native pet species — budgies, cockatiels, most parrots — the MBTA usually does not apply to you.

CITES-Listed Species

Many popular pet species, including most parrots, cockatoos, and macaws, are listed under the Convention on International Trade in Endangered Species. If you plan to import or export a CITES-listed bird, you need USFWS permits, and the rules track three appendices:⁶

Appendix I species are the most endangered. Commercial international trade is prohibited, though captive-bred specimens are treated as Appendix II for trade purposes, so approved breeding facilities can obtain export permits.⁷
Appendix II species can be traded with proper export permits from the country of origin.
Appendix III species require documentation showing legal acquisition.

CITES itself does not require a permit for purely domestic sales. But many CITES-listed species are also covered by the Endangered Species Act or the Wild Bird Conservation Act, which can impose their own domestic restrictions.⁶

State and Local Rules Still Apply

Clearing the USDA exemption doesn’t clear you at the state or local level. State fish and wildlife agencies commonly require their own permits to possess, breed, or sell species native to that state, and those rules exist independently of federal law.

Municipalities typically require a general business license for any commercial activity, including home-based breeding. Local zoning ordinances can limit or outright prohibit animal breeding in residential areas, and some jurisdictions cap how many animals you can keep on a single property. Retail bird sales are also generally subject to state sales tax, since most states treat pet birds as consumer goods rather than agricultural livestock. Call your state wildlife department and your local planning or zoning office before you build aviaries.

Shipping Birds to Another State

APHIS does not directly regulate interstate movement of pets by their owners, but it does regulate businesses that transport animals commercially.⁸ Every state sets its own import requirements. Those commonly include a Certificate of Veterinary Inspection issued by a licensed vet within a set window before shipment, plus proof of testing or vaccination for specific diseases. Check with the destination state’s animal health official before shipping. Birds that arrive without the right paperwork can be turned away or confiscated at the border.

How to Apply for a USDA License

If your operation exceeds the exemption thresholds, includes wholesale, or involves shipping to buyers who haven’t seen the birds in person, plan on applying for a Class A license.

Fill Out the Application

The application is APHIS Form 7003A. You’ll need to provide:⁹

Your legal name and mailing address.
The physical address of every location where birds will be housed.
Business entity information and tax identification.
The type of license you’re seeking (Class A for breeders).
The species and number of birds you plan to keep.

You also need a Program of Veterinary Care, which is an animal health and welfare plan signed by a licensed veterinarian. That document stays at your facility rather than going in with the application, and it must be on-site and ready during inspections.¹⁰

Submit, Pay, and Schedule Inspection

Send Form 7003A along with your tax identification form (APHIS Form 7030) and a $120 non-refundable fee to your regional APHIS Animal Care office. The application process generally takes about 60 days from submission to completion.¹⁰

After APHIS processes the paperwork, an inspector contacts you to schedule a facility visit. The inspector checks that your housing, care practices, and records comply with AWA bird standards. No license issues until you pass, so have your cages, feeding setup, sanitation protocols, and veterinary care plan in place before you apply.¹⁰

Renewal and Ongoing Compliance

A USDA license is not a one-time purchase. As of 2023, licenses run on a three-year cycle with a flat $120 renewal fee each period.¹¹ APHIS inspectors can appear unannounced to verify ongoing compliance. You must keep records of bird acquisitions, sales, and veterinary care, and produce them during inspections.

What Happens if You Breed and Sell Without a License

Operating without a required license carries real consequences. Civil penalties under the Animal Welfare Act reach $10,000 per violation, and each day of continued violation counts as a separate offense. The USDA can also issue cease-and-desist orders, and knowingly disobeying one adds a penalty of $1,500 per day.¹² Knowing violations are criminal offenses punishable by up to one year in prison and a $2,500 fine.¹³

Protected species raise the stakes. Selling migratory birds without USFWS permits violates the MBTA, and trafficking in illegally obtained wildlife, including captive-bred birds of protected species, can trigger felony charges under the Lacey Act with penalties of up to five years in prison. State and local penalties vary but can include fines, shutdown orders, and confiscation of your birds.

1
Federal Register. Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act
2
eCFR. 9 CFR 2.1 – Requirements and Application
3
Animal and Plant Health Inspection Service. Licensing and Registration Under the Animal Welfare Act
4
U.S. Fish and Wildlife Service. Migratory Bird Treaty Act of 1918
5
eCFR. 50 CFR Part 21 – Migratory Bird Permits
6
U.S. Fish and Wildlife Service. CITES Permits and Certificates
7
CITES. Text of the Convention
8
Animal and Plant Health Inspection Service. Take a Pet From One U.S. State or Territory to Another
9
Animal and Plant Health Inspection Service. USDA APHIS Form 7003A – Application for License
10
Animal and Plant Health Inspection Service. USDA AWA License Application Packet
11
United States Department of Agriculture. APHIS Licensing Rule
12
Office of the Law Revision Counsel. 7 USC 2149 – Violations by Licensees
13
GovInfo. Animal Welfare Act