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in addition to USDA's power to order the exhibitor to cease and desist from
<br /> continuing to engage in regulated activities without a license. 7 U.S.C. § 2149.7
<br /> The AWA regulations promulgated by USDA define "exhibitor" as "any
<br /> persong (public or private) exhibiting any animals—to the public for compensation,"
<br /> provided that the activity affects commerce. 9 C.F.R. § 1.1; see also 7 U.S.C. §
<br /> 2132(h) (statutory definition of "exhibitor"). The definition includes, but is not
<br /> limited to, "carnivals, circuses, animal acts, zoos, and educational exhibits" but
<br /> excludes "retail pet stores, horse and dog races, [ ]county fairs, livestock shows,
<br /> rodeos, field trials, coursing events, purebred dog and cat shows and any other fairs
<br /> or exhibitions intended to advance agricultural arts and sciences as may be
<br /> determined by the Secretary." Id. Pursuant to 9 C.F.R. § 2.1(a)(1), "[a]ny person
<br /> operating or intending to operate as a[n] exhibitor...must have a valid license"9
<br /> unless that person is "exempted from the licensing requirements under" Section
<br /> 2.1(a)(3) of the AWA regulations, which are not relevant here.10 In order to be
<br /> licensed under the Act, exhibitors must meet certain statutory and regulatory
<br /> requirements, including, among other things, the requirement to ensure that the
<br /> animals and the public remain safe. 9 C.F.R. § 2.131(c)(1) ("During public
<br /> exhibition, any animal must be handled so there is minimal risk of harm to the
<br /> animal and to the public, with sufficient distance and/or barriers between the
<br /> animal and the general viewing public so as to assure the safety of animals and the
<br /> public.")
<br /> "Animal" is defined to include, in addition to dogs and cats, "any other
<br /> warmblooded animal, which is being used...[f]or exhibition purposes," but excludes
<br /> "farm animals...used or intended for use as food or fiber, [ ]improving animal
<br /> nutrition, breeding, management, or production efficiency, or for improving the
<br /> quality of food or fiber." 9 C.F.R. § 1.1. "Farm animal" is further defined as "any
<br /> domestic species of cattle...used or intended for use as food or fiber, or for improving
<br /> animal nutrition, breeding, management, or production efficiency, or for improving
<br /> the quality of food or fiber." Id. As discussed below, because of the manner in
<br /> 7 In addition to the various rules and standards that regulate the treatment of the animals
<br /> themselves, USDA also requires that "[d]uring public exhibition, any animal must be handled so
<br /> there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers
<br /> between the animal and the general viewing public so as to assure the safety of animals and the
<br /> public." 9 C.F.R. § 2.131(c)(1).
<br /> S Person "means any individual, partnership, firm, joint stock company, corporation, association,
<br /> trust, estate, or other legal entity." 9 C.F.R. § 1.1.
<br /> 9 Any person whose "business involves the showing or displaying of animals to the public," is
<br /> required to have a "Class"C" license." See 9 C.F.R. § 1.1.
<br /> 70 The exemptions listed in § 2.1(a)(3) pertain to retail pet stores and the buying and selling of
<br /> animals.
<br /> 3
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