Are Roof Rats Legal in the United States? Keeping, Breeding & Selling

Keeping / owning   Legal

Confidence: High · Last verified 2026-06-06

The federal government does not regulate private, non-commercial possession of pet rats; under the Tenth Amendment this is left to state, county, and municipal law. Rattus rattus is not federally listed as injurious or endangered, so nothing federal stops you from keeping one (your state/city may).

Sources: U.S. Fish & Wildlife Service, USFWS

Breeding   Legal with a permit

Confidence: High · Last verified 2026-06-06

Pet roof rats are NOT exempt from the Animal Welfare Act (its exclusion covers only rats ‘bred for use in research,’ 7 U.S.C. 2132(g); 9 C.F.R. 1.1), so they are regulated ‘animals.’ But a USDA license is needed ONLY if you sell the offspring WHOLESALE (to resellers) or SIGHT-UNSEEN (shipped to a buyer who has not seen the animal). Selling or placing rats face-to-face to the final owner, or giving them away, is exempt as a ‘retail’ transaction with NO limit on the number of breeding females (9 C.F.R. 2.1(a)(3)). The ‘four or fewer breeding females’ exemption only matters for sight-unseen/shipped sales.

Sources: USDA-APHIS / U.S. Code, USDA-APHIS

Selling or giving away   Legal with a permit

Confidence: High · Last verified 2026-06-06

A USDA Class B dealer license is required only for WHOLESALE sales (to resellers/pet stores) or SIGHT-UNSEEN shipped sales. Selling face-to-face to the final owner (a ‘retail pet store’ transaction, which includes a home breeder selling directly), and giving rats away, are exempt, with NO limit on the number of breeding females (9 C.F.R. 1.1, 2.1(a)(3)). Only a wholesale or sight-unseen seller keeping 5 or more breeding females must be licensed.

Sources: USDA-APHIS / U.S. Code, USDA-APHIS

Transport & import   Restricted

Confidence: High · Last verified 2026-06-06

Moving a roof rat between U.S. states needs no federal permit (and since U.S. v. Zinke (2017) even injurious species may move between contiguous states), BUT the Lacey Act (16 U.S.C. 3372) makes it a federal crime to transport one into a state where it is illegal. IMPORT/EXPORT is more involved: the USFWS classifies Rattus rattus as ‘wildlife’ (only Rattus norvegicus is on the domesticated-exemption list, 50 C.F.R. 14.4), so each shipment needs a USFWS Form 3-177 declaration, entry/exit through a designated wildlife port, and an inspection fee, even for a captive-bred pet (the personal-pet exemption waives only the commercial license). The CDC African-rodent import ban (42 C.F.R. 71.56) does not apply to roof rats sourced outside Africa, and USDA Veterinary Services has no health requirements for pet-rodent import.

Sources: U.S. Code, U.S. Fish & Wildlife Service, USFWS, CDC, USFWS

• Check whether you exceed the exemption thresholds (9 CFR 2.1(a)(3))
• If not exempt, apply for the appropriate USDA license and meet the 9 CFR Part 3 housing/care standards

Forms: USDA AWA licensing rule & exemptions (9 CFR 2.1) · Where: USDA APHIS Animal Care · Fees: Varies by license type/size

Source: USDA-APHIS, USDA-APHIS / U.S. Code

• File Form 3-177 via the USFWS eDecs system before the shipment
• Route the shipment through a designated wildlife port (or get a Designated Port Exception Permit)
• Give ~48-hour advance notice and pay the inspection fee

Forms: USFWS Form 3-177 (Declaration for Importation/Exportation of Wildlife) · Where: USFWS, at a designated wildlife port · Fees: Per-shipment inspection fee

Source: U.S. Fish & Wildlife Service, USFWS

Source: U.S. Code